Current through all regulations passed and filed through September 16, 2024
(A)
For purposes of
this program, in accordance with section
5101.1411 of the Revised Code, a
kinship guardianship young adult is defined as a person that:
(1)
Was in the
temporary, permanent, or planned permanent living arrangement custody of an
Ohio public children services agency (PCSA) prior to being committed to the
legal custody or guardianship of a kinship caregiver as defined in rule
5101:2-1-01 of the
Administrative Code, at the age of sixteen or seventeen;
(2)
Attained the age
of sixteen or seventeen before the Title IV-E kinship guardianship assistance
agreement became effective; and
(3)
Meets one of the
eligibility requirements pursuant to paragraph (A)(3) of rule
5101:2-55-02 of the
Administrative Code.
(B)
ODJFS is
responsible for ensuring the proper administration of funds both allocated and
reimbursed.
(1)
In accordance with 473(a)(1)(B)(ii) and 473(a)(3) of the
Social Security Act, ODJFS is not to add any language to the JFS 00139 "Title
IV-E Kinship Guardianship Assistance Program Connections to Twenty-One (KGAP
C21) Agreement" that makes the agreement subject to the availability of state
funds.
(2)
ODJFS is responsible for the full non-federal share of
KGAP C21 funds.
(C)
ODJFS is to be
responsible for:
(1)
Determining initial and semi-annual eligibility,
approval, denial, and termination for KGAP C21 pursuant to rule
5101:2-55-02 of the
Administrative Code.
(2)
Maintaining a separate KGAP C21 case record for each
program eligible kinship guardianship young adult for whom ODJFS has entered
into a JFS 00139.
(3)
Service planning to include:
(a)
KGAP C21 case
management including initial and ongoing eligibility determination of all
applications and redeterminations, approval and termination of subsidy
payments, and referral for medicaid coverage provided by the Ohio department of
medicaid, as applicable.
(b)
Referral for kinship guardianship supportive
services.
(D)
ODJFS is to
provide the kinship caregiver(s) of a kinship guardianship young adult with a
JFS 00137 "Title IV-E Kinship Guardianship Assistance Program Connections to
Twenty-One (KGAP C21) Application" and the JFS 04059 "Explanation of State
Hearing Procedures."
(E)
The kinship caregiver(s) is to submit the JFS 00137 and
verification of eligibility to ODJFS.
(F)
ODJFS is to enter
into a JFS 00139 with the kinship caregiver(s) of an eligible kinship
guardianship young adult.
(G)
For a kinship guardianship young adult with a JFS 00139
in effect who moves out-of-state or resides out-of-state, ODJFS is to follow
the interstate compact on adoption and medical assistance (ICAMA) rule
5101:2-44-05.2 of the
Administrative Code. ODJFS may ask the children services agency (CSA) in the
other state to document the present situation of the kinship caregiver(s) and
to assist the kinship caregiver(s) in completing all mandatory
forms.
(H)
The JFS 00139 remains in effect even though the kinship
caregiver(s) and the kinship guardianship young adult move to another county,
state, or country. The responsibility for management of the KGAP C21 case
remains with ODJFS as the agency that entered into the JFS 00139 prior to the
move.
(I)
In accordance with section 473(d)(3)(C) of the Social
Security Act a successor guardian may be named. The successor guardian cannot
be the parent of the kinship guardianship young adult. A new JFS 00139 with a
successor guardian will be entered into if all of the following are met:
(1)
The kinship
caregiver(s) dies or becomes incapacitated.
(2)
There is a
successor guardian(s) named in the JFS00133 "Title IV-E Kinship Guardianship
Asistance Program (KGAP) Agreement."
(3)
The successor
guardian(s) obtains legal guardianship through probate court.
(4)
The successor
guardian(s) completes a JFS 00137.
(5)
The successor
guardian(s) and all adults residing in the home complete and pass criminal
background checks in accordance with rules
5101:2-46-05 and
5101:2-5-09.1 of the
Administrative Code. The kinship guardianship young adult is excluded from this
requirement.
(6)
The kinship guardianship young adult continues to meet
one of the eligibility requirements pursuant to paragraph (A)(3) of rule
5101:2-55-02 of the
Administrative Code.
(7)
The successor guardian provides documented proof of
continued kinship caregiver support as required by paragraph (B)(2) of rule
5101:2-55-02 of the
Administrative Code.
(J)
If the kinship
caregiver(s) and the kinship guardianship young adult for whom an Ohio-executed
JFS 00139 is in effect reside in or move to another state, the kinship
guardianship young adult will be provided Title XIX (medicaid) and Title XX
(social service block grant) services by the state in which the kinship
guardianship young adult resides. If any of the Title XX services specified in
the JFS 00139 are not available in the state where the kinship guardianship
young adult resides, ODJFS is to be responsible for securing those
services.
(1)
The kinship guardianship young adult will be provided with
Title XX services, as specified in the JFS 00139 by the county where the
kinship guardianship young adult resides.
(2)
Nothing is to
prevent the kinship caregiver(s) of a kinship guardianship young adult for whom
a JFS 0139 is in effect from seeking Title XX services available in the Title
XX social service plan in the county of residence, even if the services are not
already specified in the JFS 00139. The kinship caregiver(s) may:
(a)
Apply for the
Title XX services in the county where the kinship caregiver(s)
resides.
(b)
Seek to amend the kinship guardianship young adults JFS
00139.
(K)
The case record
is to include the following information, when applicable:
(1)
ODJFS's actions
in determining eligibility for KGAP C21.
(2)
A copy of signed
JFS 00137 "Title IV-E Kinship Guardianship Assistance Program Connections to
Twenty-One (KGAP C21) Application" form(s).
(3)
A copy of signed
JFS 00139 "Title IV-E Kinship Guardianship Assistance Program Connections to
Twenty-One (KGAP C21) Agreement" form(s).
(4)
A copy of kinship
caregiver responsibility eligibility documentation.
(5)
A copy of the ODM
6612 "Health Insurance Information Sheet."
(6)
A copy of state
hearing, administrative appeal, and judicial review filings.
(7)
A copy of the
interstate compact and adoption medical assistance forms.
(8)
Documentation
verifying completion of all mandatory kinship caregiver criminal record checks
obtained by the PCSA prior to initiation of kinship guardianship custodian
payments pursuant to rule
5101:2-5-09.1 of the
Administrative Code.
(9)
A copy of kinship guardianship young adult eligibility
documentation of education, employment, programs to remove barriers to
employment, or verification of disability.
(10)
A copy of the
JFS 00133 "Title IV-E Kinship Guardianship Assistance Program (KGAP) Agreement"
in effect with the PCSA at the time of kinship guardianship placement of the
kinship guardianship young adult.
(11)
A copy of JFS
00142 "Title IV-E Kinship Guardianship Assistance Program Connections to
Twenty-One (KGAP C21) Kinship Caregiver Semi-Annual Assurance of Kinship
Caregiver Responsibility and Eligibility for Continued Medicaid Coverage"
form(s).
(12)
A copy of JFS 00141 "Title IV-E Kinship Guardianship
Assistance Program Connections to Twenty-One (KGAP C21) Young Adult Semi-Annual
Assurance of Kinship Caregiver Responsibility and Eligibility for Continued
Medicaid Coverage" form(s).
(13)
A copy of JFS
07334 "Notice of Denial of Your Application for Assistance"
form(s).
(14)
A copy of JFS 00138 "Title IV-E Kinship Guardianship
Assistance Program Connections to Twenty-One (KGAP C21) Notice of Eligibility
Approval" form(s).
(15)
A copy of JFS 00140 "Title IV-E Kinship Guardianship
Assistance Program Connections to Twenty-One (KGAP C21) Notice of
Redetermination" form(s).
(16)
A copy of JFS
00144 "Title IV-E Kinship Guardianship Assistance Program Connections to
Twenty-One (KGAP C21) Notice of Continued Approval" form(s).
(17)
A copy of JFS
00143 "Title IV-E Kinship Guardianship Assistance Program Connections to
Twenty-One (KGAP C21) Notice of Termination" form(s).
(L)
The
KGAP C21 case record is to be retained in the Ohio statewide automated child
welfare information system (SACWIS).
