Current through all regulations passed and filed through September 16, 2024
(A) The following definitions are applicable
to this rule and supersede any definition contained in rule
5101:2-1-01 of the
Administrative Code.
(1) "Nonrecurring
adoption expenses" are reasonable and necessary adoption fees, court costs,
attorney fees, and in accordance with paragraph (A)(2) of this rule, other
expenses directly related to the legal adoption of a child with special needs,
as defined in rule
5101:2-49-03 of the
Administrative Code. These expenses cannot be incurred in violation of state or
federal law and cannot be reimbursed from other sources or funds.
(2) "Nonrecurring other expenses directly
related to the legal adoption of a child with special needs" as specified in
paragraph (A)(1) of this rule refers to the cost of the adoption incurred by or
on behalf of the adoptive parent(s) and for which the adoptive parent(s)
carries the ultimate liability for payment. These expenses include costs
related to:
(a) The adoption
homestudy.
(b) Health and
psychological examinations.
(c)
Supervision of the placement prior to the adoption finalization.
(d) Reasonable cost of transportation,
lodging, and food for the child and/or adoptive parent(s) when necessary to
complete the placement or adoption process.
(B) A public children services agency (PCSA),
private child placing agency (PCPA), or private non-custodial agency (PNA)
is to
notify anyone inquiring about adoption services through the agency of the
availability of funds for the reimbursement of nonrecurring adoption expenses
and the application process.
(C)
The PCSA is to
enter into an agreement with the adoptive
parent(s) of a child with special needs for the payment of nonrecurring
adoption expenses for which the parent(s) has not otherwise been reimbursed, not to exceed one thousand dollars for each
child.
(D) The PCSA, PCPA, or PNA
is to
inform an adoptive parent(s) who inquires about adoption services through the
agency that the JFS 01421 "Application for Reimbursement of Title IV-E
Nonrecurring Adoption Expenses"
is to
be submitted to the appropriate PCSA and
approved prior to the adoption finalization or disruption prior to the adoption
finalization, if applicable. The JFS 01421 cannot be considered for approval
retroactively.
(E) The adoptive
parent(s) and the PCSA as specified in paragraphs (L) to (O) of this rule
are to
sign the JFS 01438 "Agreement for Payment or Reimbursement for Title IV-E
Nonrecurring Expenses Incurred in the Adoption of a Child with Special Needs "
prior to adoption
finalization or disruption prior to adoption finalization, if applicable. A
final decree of adoption by a foreign country constitutes adoption
finalization. The JFS 01438 cannot be entered into after adoption
finalization.
(F) The PCSA
is to
not consider the race, color, or national origin of an adoptive family or of
the child for whom a family has indicated an interest in adopting, when
entering into a JFS 01438.
(G) If
siblings are placed for adoption, either separately or together, each child
is to
be treated as an individual. A separate JFS 01421 and JFS 01438
is to
be executed for each child.
(H) The
PCSA is to
not apply an income eligibility requirement
(means test) to the adoptive parent(s) in determining whether payment or
reimbursement for nonrecurring adoption expenses are
to
be made.
(I) The adoptive parent(s)
is to
submit to the PCSA a request for payment or reimbursement and proof of the
expenditures for nonrecurring expenses incurred in the adoption of a child with
special needs within two years of the adoption
finalization or disruption prior to adoption finalization, if applicable
.
(J) In order for a PCSA to enter into an
agreement for the reimbursement of nonrecurring adoption expenses, the child is to
be determined a child with special
needs prior to the adoption finalization or disruption prior to adoption
finalization as defined in rule
5101:2-49-03 of the
Administrative Code. The child need not meet other categorical eligibility
requirements of Title IV-E adoption assistance.
(K) If the only special needs factor is the
child has been determined to be at substantial risk, with no manifestation of a
special needs factor, the child is eligible for nonrecurring adoption
assistance with the exclusion of international adoptions.
(L) If the PCSA and the adoptive parent(s)
have completed a JFS 01453 "Title IV-E Adoption Assistance Agreement"
the application for
reimbursement of nonrecurring adoption expenses is
to
be made to the PCSA with
which the adoptive parent(s) entered into the AA agreement. The JFS 01438
is to
be incorporated as an addendum to the AA agreement.
(M) If a JFS 01453 has not been completed by
a PCSA, all of the following apply:
(1) Prior to adoption finalization or
disruption prior to adoption finalization, if applicable, the adoptive
parent(s) is to
submit a JFS 01421 for reimbursement of
nonrecurring adoption expenses to the PCSA who holds permanent custody or, in the case of an independent adoption, in the county in which the adoptive parent(s)
resides.
(2) At the time of
application and prior to adoption finalization or disruption prior to adoption
finalization, if applicable, the adoptive parent(s) is
to
provide the PCSA with:
(a) A copy of the JFS 01616 "Social and
Medical History" completed on
the child for whom the request is being made or a copy of the social and
medical history completed in the child's country of origin.
(b) A copy of the JFS 01673A "Child
Characteristics Checklist for Foster Care and/or Adoption"
and one of the following
homestudies:
(i) JFS 01673 "Assessment for
Child Placement (Homestudy)"
or its equivalent for a child adopted from another state.
(ii) JFS 01692 "Application for Adoption of a
Foster Child or Sibling Group" .
(3) If the adoptive parent(s)
does not provide a completed JFS 01616, JFS 01673A and JFS 01673 or JFS
01692, the PCSA is
to
deny the JFS 01421.
(N) If the child is
placed for adoption from Ohio into another state, the following apply:
(1) If a PCSA has entered into a JFS 01453 or
has custody of the child, that PCSA is responsible for the determination of
eligibility for reimbursement of nonrecurring adoption expenses and payment of
allowable nonrecurring adoption expenses if the child is eligible.
(2) If a JFS 01453 is not in effect or a PCSA
does not have custody of the child, the children services agency (CSA) in the
state where the adoptive parent(s) lives is responsible for determining
eligibility. The CSA is responsible for informing
the adoptive parent(s)
of the required documentation.
(3)
If a PCPA has custody of the child, that agency is responsible for providing
all required information and documentation to the PCSA responsible for
determining eligibility.
(4) If a
PCSA or PCPA does not have custody of the child, the adoptive parent(s) is
responsible for providing all required information and documentation to the
PCSA responsible for determining eligibility. The PCSA is to
inform
the adoptive parent(s) of the required documentation.
(O) If the child is placed for adoption from
another state into Ohio, the following apply:
(1) If the CSA has entered into a Title IV-E
AA agreement or has custody of the child, that agency is responsible for
determining eligibility for reimbursement of nonrecurring adoption expenses and
paying allowable nonrecurring adoption expenses if the child is
eligible.
(2) If the CSA has not
entered into a Title IV-E AA agreement or does not have custody of the child,
the Ohio PCSA in the county in which the adoptive parent(s) resides is
responsible for determining eligibility for reimbursement of nonrecurring
adoption expenses and paying allowable nonrecurring adoption expenses if the
child is eligible.
(3) If a private
child placing agency has custody of the child, that agency is responsible for
providing all required information and documentation to the Ohio PCSA in the
county where the adoptive parent(s) resides to determine eligibility.
(4) If a private child placing agency does
not have custody of the child, the adoptive parent(s) is responsible for
providing all required information and documentation to the Ohio PCSA in the
county of residence to determine eligibility. The PCSA is to
inform
the adoptive parent(s) of the required documentation.
(P) A stepparent adopting a child
with special needs is
not
eligible to receive payment or reimbursement for nonrecurring adoption expenses
if a biological parent is also present in the home. If a biological parent is
not present due to death, divorce, or abandonment of the child, the stepparent
is to
receive payment or reimbursement for the nonrecurring adoption expenses if all
other provisions of this rule are met.
(Q) For each JFS 01438 executed, the PCSA
is to
maintain documentation in the child's case record to verify compliance with
this rule.
(R) The state hearing
policies and procedures contained in Chapters 5101:6-1 to 5101:6-9 of the
Administrative Code apply to individuals applying for benefits under this
rule.
(S) International adoption
payment prohibition.
(1) Notwithstanding any
other paragraph of this rule, no payment may be made to an adoptive parent(s)
with respect to a child who meets the requirements specified in paragraph (J)
of this rule but who is not a citizen or resident of the United States and was
adopted outside of the United States or was brought into the United States for
the purpose of being adopted.
(2)
Paragraph (S)(1) of this rule is
not to
be construed as prohibiting payments where the child is placed and is legally
available for adoption by a permanent custody order or permenant surrender by a
PCSA or PCPA, or petition for adoption when the child is the subject of an
independent adoption pursuant to rule
5101:2-49-02 of the
Administrative Code subsequent to the failure, as determined by the PCSA, of
the initial adoption of the child by the parent(s)
described in paragraph (S)(1) of this rule.
(3) If an adopted child from a foreign
country has a subsequent adoption finalization in the U.S., the child is not
eligible for nonrecurring adoption
expenses.
