Current through all regulations passed and filed through September 16, 2024
(A) The public
children services agency (PCSA) that entered into the agreement shall terminate
the AA in any of the following circumstances:
(1) At the end of the month of the child's
eighteenth birthday; or at the end of the month of the child's twenty-first
birthday, if the child meets the criteria as set forth in paragraph (B) of rule
5101:2-49-04 of the
Administrative Code.
(2) If the
child is no longer receiving any support from the adoptive parent(s) as defined
in paragraph (B) of this rule.
(3)
If the adoptive parent(s) is no longer legally responsible for supporting the
child as defined in paragraph (C) of this rule.
(4) If a court of competent jurisdiction has
terminated the parental rights of the adoptive parent(s) or the adoptive
parent(s) has voluntarily surrendered his or her parental rights.
(5) If the adoptive parent(s) requests
termination of the AA benefits.
(6)
If the adoptive placement disrupts prior to finalization.
(7) If the adoptive parent(s) dies.
(8) If the child dies.
(B) An adoptive parent(s) is not supporting
the child if the adoptive parent(s) is not providing the child with shelter,
food, clothing, child support, or any financial
support regardless of the physical location of the child. A
parent(s) is generally responsible for the support of
a child who is under the age of eighteen or a physical and or mentally disabled
child with special needs who is under twenty-one years of age.
(C) A parent(s) is
not legally required to support the child if the child is emancipated. A child
becomes emancipated if:
(1) The child enlists
in the military services.
(2) The
child marries.
(3) The child has
been determined to be an emancipated minor by a court of competent jurisdiction
or the state of residence.
(4) The
child is self-supporting by paying for shelter, food, and clothing even though
he or she may still reside with the adoptive parent(s).
(D) When the PCSA proposes to terminate the
AA agreement, the PCSA shall provide the adoptive parent(s) with a written
notice of the proposal and the right to a state hearing.
(E) When the PCSA proposes to terminate the
AA agreement, and the adoptive parent(s) has requested a state hearing, the
following shall apply:
(1) If a state hearing
is requested within fifteen days
of the mailing date on the notice in accordance with provisions set forth in
Chapters 5101:6-1 to 5101:6-9 of the Administrative Code, AA shall continue
until a state hearing decision is issued.
(2) If a state hearing is requested within
fifteen days of the mailing date
on the notice and the hearing decision is favorable to the adoptive parent(s),
AA shall continue in accordance with the terms of the AA 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 AA, the adoptive
parent(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, AA shall be terminated. Following the
termination, the child shall lose all eligibility for future AA as long as he
or she is legally a member of the same adoptive family.
(F) When the PCSA determines the AA should be
terminated, the PCSA shall complete the ODM 01958
"Referral for medicaid continuing eligibility review" (rev.
7/2014) 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"
(rev. 7/2014) to the adoptive parent(s).
