Current through all regulations passed and filed through December 16, 2024
(A) To be eligible for
adoption assistance connections
to age twenty-one
(AAC), an adopted young adult is to meet the
following requirements:
(1) Was adopted at age
sixteen or seventeen;
(2) Was in
the permanent custody of an Ohio public children services agency
(PCSA);
(3) Attained the age of
sixteen before the JFS 01453 "Adoption Assistance (AA) Agreement" became
effective;
(4) Meets one of the
following requirements:
(a) Is completing
secondary education or a program leading to an equivalent credential;
(b) Is enrolled in an institution that
provides post-secondary or vocational education;
(c) Is participating in a program or activity
designed to promote or remove barriers to employment;
(d) Is employed for at least eighty hours per
month; or
(e) Is incapable of doing
any of the activities described in paragraphs (A)(4)(a) to (A)(4)(d) of this
rule due to a diagnosed physical or mental health condition, which incapacity
is supported by updated information semiannually.
(5) Has reached the age of eighteen but is
not yet twenty-one years of age;
(6) Is continuing to receive parental support
including but not limited to providing the young adult
with shelter, food, or clothing. Residing in the same physical location is not
required;
(7) Is not enlisted
in the military. Enlisted in the military is defined as
the date of report for active duty;
(8) Is not married; and
(9) Is not in receipt of adoption assistance
past age eighteen pursuant to rule
5101:2-49-04 of the
Administrative Code.
(B)
The adoptive parent(s) may apply for AAC by submitting
all of the following to the Ohio department of job and family services
(ODJFS):
(1)
A completed JFS
00147 "Title IV-E Adoption Assistance Connections to Age Twenty-One (AAC)
Application;"
(2)
Documentation
the adopted young adult meets one of the
eligibility requirements outlined in paragraph (A)(4) of this rule;
(3)
Documentation
the adoptive parent(s) maintains parental responsibility for the adopted
young adult; and.
(4)
A copy of the signed JFS 001453 "Title IV-E Adoption
Assistance (AA) Agreement" with the PCSA.
(C) ODJFS, within
thirty calendar days after a completed JFS 00147 and all necessary
documentation is received, shall determine eligibility in the
Ohio statewide automated child welfare
information system (SACWIS) and approve or deny the
JFS
00147.
(D) ODJFS is to obtain
documentation verifying completion of all adoptive parent criminal record checks
obtained by the PCSA prior to adoption finalization pursuant to rule
5101:2-48-10 of the
Administrative Code.
(E) If ODJFS determines
an adopted young adult is eligible for AAC, ODJFS is to provide the adoptive
parent(s) with the following:
(1)
Adoption assistance connections to age twenty-one
(AAC) notice of eligibility approval ;
and
(2) The JFS 04059 "Explanation
of State Hearing Procedures."
(F) Upon determination
of eligibility, ODJFS will send the JFS 00148 "Title
IV-E Adoption Assistance Connections to Age Twenty-One
(AAC) Agreement" to the adoptive parent(s) for
signature. The AAC agreement is effective on the date it is signed by both the
adoptive parent(s) and ODJFS, unless a later date is indicated for the subsidy
to begin as designated on the AAC agreement form "Article IX Effective Date,"
which will then become the effective date of the AAC agreement.
(G)
The AAC agreement is binding on all parties. The terms of the AAC agreement may
be amended at any time if both parties agree to the change.
(H)
The AAC agreement shall remain in effect regardless of the state where the
adoptive parent(s) or the adopted young adult resides unless the AAC agreement
is terminated.
(I) ODJFS shall give a
copy of the signed AAC agreement and all amendments to the adoptive parent(s)
and keep the originals in the AAC case record.
(J) ODJFS, as the
agency that entered into the AAC agreement, shall secure Title XIX medicaid and
Title XX social services block grant services if the services are not available
in the state or county where the adopted young adult resides in accordance with
rule 5101:2-51-01 of the
Administrative Code.
(K) Nothing shall
prohibit the adoptive family from seeking Title XX services available in the
county of residence even if they are not specified in the AAC agreement. The
adoptive parent(s) may:
(1) Apply for the
Title XX services in the county where they reside; and
(2) Request to amend the AAC
agreement.
(L) If ODJFS determines
an adopted young adult does not meet eligibility requirements outlined in
paragraphs (A) and (B) of this rule, ODJFS shall provide the adoptive parent(s)
with the following:
(1) The JFS 07334 "Notice
of Denial of your Application for Assistance"; and
(2) The JFS 04059.
(M)
Semiannual redetermination is to be completed every one hundred eighty calendar
days to maintain program eligibility for AAC. The semiannual redetermination
date is determined by the initial AAC effective date.
(N) No
later than thirty calendar days prior to the semiannual redetermination due
date, ODJFS is to provide the adoptive parent(s) with the following:
(1)
Adoption assistance connections
to age twenty-one
(AAC) notice of redetermination;
(2) The JFS 00149 "Title IV-E Adoption
Assistance Connections to Age Twenty-One (AAC)
Semi-Annual Assurance of Parental Responsibility and Eligibility for Continued
Medicaid Coverage" form; and
(3) The JFS 00150 "Title IV-E Adoption
Assistance Connections to Age Twenty-One (AAC)
Adopted Young Adult Semi-Annual Assurance of Parental Responsibility and
Eligibility for Continued Medicaid Coverage" form.
(O) Completed JFS 00149
and JFS 00150 forms, documentation that the adopted young adult meets one of
the eligibility requirements outlined in paragraph (A)(4) of this rule, and
documentation of parental responsibility is to be received prior to the
semiannual redetermination due date. Upon receipt of the required forms and
documentation listed in this paragraph, ODJFS will check for continued
eligibility as follows:
(1) If redetermined as
eligible, ODJFS is to provide the adoptive parent(s) with the following:
(a)
Adoption assistance connections
to age twenty-one (AAC) notice of continued approval ; and
(b) The JFS 04059.
(2) If redetermined as ineligible, or if
documentation is not received by the redetermination due date, ODJFS is to
provide the adoptive parent(s) with written notice of the proposal to terminate
AAC and the right to a state hearing. ODJFS is to provide the adoptive
parent(s) with the following thirty calendar days prior to the termination
date:
(a)
Adoption assistance connections
to age twenty-one (AAC) notice of termination ; and
(b) The JFS 4059.
(3) If sufficient documentation to support
eligibility is received by ODJFS from the adoptive parent(s) and/or adopted
young adult prior to the termination date, ODJFS may proceed with semiannual
redetermination of continued eligibility for AAC.
(P)
The adoptive parent(s) and the adopted young adult are to submit the JFS 00149
and JFS 00150 semiannually and whenever there is a significant change in the
family situation for continued eligibility.
(Q) At any time a JFS
00148 is in effect, the JFS 00148 may be amended.
(1) The adoptive parent(s) and ODJFS may by
mutual agreement amend the JFS 00148 to reflect changes for payment amount or
provision of services. Upon agreement, the following is to occur:
(a) ODJFS and the adoptive parent(s) are to
sign the amended AAC agreement;
(b)
ODJFS is to provide a copy of the amended AAC agreement to the adoptive
parent(s) and retain the original in the case record; and
(c) ODJFS is to provide the adoptive
parent(s) with the JFS 04059.
(2) If the adoptive parent(s) and ODJFS
cannot agree on the amendment requested by the adoptive parent(s) or ODJFS, the
following is to occur:
(a) ODJFS and the
adoptive parent(s) may complete a JFS 00148 for a mutually acceptable AAC
agreement while negotiations continue through the state mediation process, or
the adoptive parent(s) request a state hearing; or
(b) ODJFS is to provide the adoptive
parent(s) with a JFS 07334, and a JFS 04059.
(R)
The adoptive parent(s) is to notify ODJFS within fifteen calendar days of the
date of any of the following:
(1) The adopted
young adult's primary health care insurance coverage changes from medicaid to
private health care insurance. The adoptive parent(s) is to complete an ODM
06612 "Health Insurance Information Sheet" as a result of this
change.
(2) The family
relocates.
(3) The adopted young
adult enlists in the military.
(4)
The adopted young adult has married.
(5) The adoptive parent(s) no longer has
parental responsibility for the adopted young adult.
(6) The adopted young adult is no longer
eligible pursuant to
paragraph (A) of this rule.
(S) The AAC agreement
will terminate when any of the following circumstances apply:
(1) At the end of the month of the adopted
young adult's twenty-first birthday.
(2) If the adoptive parent(s) no longer has
parental responsibility for the adopted young adult as defined in paragraph
(A)(6)
of this rule.
(3) If the adoptive
parent(s) requests to terminate the AAC agreement.
(4) If the adoptive parent(s) dies.
(5) If the adopted young adult
dies.
(6) If the adopted young
adult marries.
(7) If the adopted
young adult enlists in the military.
(T) ODJFS will propose
to terminate the AAC agreement under any of the following circumstances:
(1) ODJFS denies eligibility for AAC at
semiannual redetermination.
(2)
ODJFS denies the amount of monthly payment requested by the adoptive
parent(s).
(3) ODJFS and the
adoptive parent(s) are unable to come to a mutual agreement following a state
mediation conference.
(4) ODJFS
proposes to terminate
the payment specified on the
current AAC agreement.
(5) ODJFS
denies a request by the adoptive parent(s) to amend the payment amount or
provision of service terms of the current AAC agreement.
(U) If
ODJFS proposes to terminate the AAC agreement due to any of the circumstances
listed in paragraph (S) or (T) of this rule,
ODJFS is to provide the following to the adoptive parent(s) thirty calendar
days prior to the termination date:
(1) The
adoption assistance connections to age twenty-one (AAC) notice of termination
; and
(2) The JFS 04059.
(V) If
ODJFS proposes to terminate the AAC agreement, and the adoptive parent(s) has
requested a state hearing, the following shall apply:
(1) If a state hearing is requested within
fifteen calendar days of the mail or electronic
mailing date on the notice in accordance with provisions set forth in Chapters
5101:6-1 to 5101:6-9 of the Administrative Code, the AAC agreement shall
continue to be in effect until a state hearing decision is issued.
(2) If a state hearing is requested within
fifteen calendar days of the mail or electronic
mailing date on the notice and the hearing decision is favorable to the
adoptive parent(s), the AAC agreement shall remain in effect or an amended AAC
agreement may be entered into by mutual agreement.
(3) If a state hearing is requested within
fifteen calendar days of the mail or electronic
mailing date on the notice and the hearing decision is to terminate the AAC
agreement as specified in paragraph (O) of this rule, 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, the AAC agreement shall be terminated. Following the
termination, the adoptive parent(s) may reapply for the AAC at any time prior
to the adopted young adult attaining the age of twenty-one.
(W) If the AAC
agreement is terminated, ODJFS shall:
(1) Send
the adoption assistance connections to age twenty-one (AAC) notice of
termination to the adoptive parent(s);
and
(2) Send the ODM 07236 "Your
Rights & Responsibilities as a Consumer of Medicaid Health Coverage" to the
adoptive parent(s).
