Current through all regulations passed and filed through September 16, 2024
(A)
Pursuant to
sections 5101.141 and
5101.1411 of the Revised Code,
to be eligible for kinship guardianship assistance program connections to
twenty-one (KGAP C21), a kinship guardianship young adult is to meet all of the
following requirements:
(1)
Was in the temporary, permanent, or planned permanent
living arrangement custody of an Ohio public children services agency (PCSA)
prior to the commitment described in paragraph (A)(2) of this
rule.
(2)
Was committed to the legal custody or legal
guardianship of a kinship caregiver at the age of sixteen or seventeen and
attained the age of sixteen before a Title IV-E kinship guardianship assistance
agreement became effective.
(3)
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)(3)(a) to (A)(3)(d) of
this rule due to a diagnosed physical or mental health condition, which
incapacity is supported by updated information semiannually.
(4)
Has
reached the age of eighteen and is not yet twenty-one years of
age.
(5)
Is continuing to receive kinship caregiver support
including but not limited to providing the young adult with shelter, food, or
clothing. Residing in the same physical location is not
required.
(6)
Is not enlisted in the military. Enlisted in the
military is defined as the date of report for active duty.
(7)
Is not
married.
(B)
The kinship caregiver(s) may apply for KGAP C21 by
submitting all of the following to ODJFS:
(1)
A completed JFS
00137 "Title IV-E Kinship Guardianship Assistance Program Connections to
Twenty-One (KGAP C21) Application."
(2)
Documentation
that the kinship guardianship young adult meets one of the eligibility
requirements outlined in paragraph (A)(3) of this rule.
(3)
Documentation of
kinship caregiver responsibility.
(4)
A copy of the
signed JFS 00133 "Title IV-E Kinship Guardianship Assistance Program (KGAP)
Agreement" with the PCSA.
(C)
ODJFS, within
thirty calendar days after a completed JFS 00137 and all necessary
documentation is received, is to determine eligibility in the Ohio statewide
automated child welfare information system (SACWIS) and approve or deny the
KGAP C21 application.
(D)
As the Title IV-E agency, ODJFS is to obtain
documentation verifying completion of all kinship caregiver(s) criminal record
checks secured by the PCSA prior to initiation of kinship guardianship
assistance payments pursuant to rule
5101:2-5-09.1 of the
Administrative Code.
(E)
If ODJFS determines a kinship guardianship young adult
is eligible for KGAP C21, ODJFS is to provide the kinship caregiver(s) with the
following:
(1)
The JFS 00138 "Title IV-E Kinship Guardianship Assistance
Program Connections to Twenty-One (KGAP C21) Notice of Eligibility Approval"
form.
(2)
The JFS 04059 "Explanation of State Hearing
Procedures."
(F)
Upon determination of eligibility, ODJFS will send the
JFS 00139 "Title IV-E Kinship Guardianship Assistance Program Connections to
Twenty-One (KGAP C21) Agreement" to the kinship caregiver(s) for signature. The
KGAP C21 agreement is effective on the date it is signed by both the kinship
caregiver(s) and ODJFS, unless a later date is indicated for the subsidy to
begin as designated on the KGAP C21 agreement form "Article IX Effective Date,"
which will then become the effective date of the KGAP C21
agreement.
(G)
The KGAP C21 agreement is binding on all parties. The
terms of the KGAP C21 agreement may be amended at any time if both parties
agree to the change.
(H)
The KGAP C21 agreement is to remain in effect
regardless of the state where the kinship caregiver(s) or the kinship
guardianship young adult resides unless the KGAP C21 agreement is
terminated.
(I)
ODJFS is to give a copy of the signed KGAP C21
agreement and all amendments to the kinship caregiver(s) and keep the originals
in the KGAP C21 case record.
(J)
ODJFS, as the
agency that entered into the KGAP C21 agreement, is to 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 kinship guardianship young adult
resides in accordance with rule
5101:2-55-01 of the
Administrative Code.
(K)
Nothing will prohibit the kinship caregiver(s) and
kinship guardianship young adult from seeking Title XX services available in
the county of residence even if they are not specified in the KGAP C21
agreement. The kinship caregiver(s) may:
(1)
Apply for the
Title XX services in the county where they reside.
(2)
Request to amend
the KGAP C21 agreement.
(L)
If ODJFS
determines a kinship guardianship young adult does not meet eligibility
requirements outlined in paragraph (A) of this rule, ODJFS is to provide the
kinship caregiver(s) with the following:
(1)
The JFS 07334
"Notice of Denial of your Application for Assistance."
(2)
The JFS 04059
"Explanation of State Hearing Procedures."
(M)
Semiannual
redetermination is to be completed every one hundred eighty calendar days to
maintain program eligibility for KGAP C21. The semiannual redetermination date
is determined by the initial KGAP C21 effective date.
(N)
No later than
thirty calendar days prior to the semiannual redetermination due date, ODJFS is
to provide the kinship caregiver(s) with the following forms:
(1)
The JFS 00140
"Title IV-E Kinship Guardianship Assistance Program Connections to Twenty-One
(KGAP C21) Notice of Redetermination."
(2)
The 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."
(3)
The 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."
(O)
Completed JFS
00142 and JFS 00141 forms, documentation that the kinship guardianship young
adult meets one of the eligibility requirements outlined in paragraph (A)(3) of
this rule, and documentation of kinship caregiver responsibility are 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
kinship caregiver(s) with the following:
(a)
The JFS 00144
"Title IV-E Kinship Guardianship Assistance Program Connections to Twenty-One
(KGAP C21) Notice of Continued Approval" form.
(b)
The JFS 04059
"Explanation of State Hearing Procedures."
(2)
If redetermined
as ineligible, or if documentation is not received by the redetermination due
date, ODJFS is to provide the kinship caregiver(s) with written notice of the
proposal to terminate KGAP C21 and the right to a state hearing. ODJFS is to
provide the kinship caregiver(s) with the following thirty calendar days prior
to the termination date:
(a)
The JFS 00143 "Title IV-E Kinship Guardianship
Assistance Program Connections to Twenty-One (KGAP C21) Notice of Termination"
form.
(b)
The JFS 04059 "Explanation of State Hearing
Procedures."
(3)
If sufficient documentation to support eligibility is
received by ODJFS from the kinship caregiver(s) and/or kinship guardianship
young adult prior to the termination date, ODJFS may proceed with semiannual
redetermination of continued eligibility for KGAP C21.
(P)
The
kinship caregiver(s) and the kinship guardianship young adult are to submit the
JFS 00142 and JFS 00141 semiannually and whenever there is a significant change
in the kinship guardianship situation for continued
eligibility.
(Q)
At any time a JFS 00139 is in effect, the JFS 00139 may
be amended.
(1)
The kinship caregiver(s) and ODJFS may by mutual agreement
amend the JFS 00139 to reflect changes for payment amount or provision of
services. Upon agreement, the following is to occur:
(a)
ODJFS and the
kinship caregiver(s) are to sign the amended KGAP C21
agreement.
(b)
ODJFS is to provide a copy of the amended KGAP C21
agreement to the kinship caregiver(s) and retain the original in the case
record.
(c)
ODJFS is to provide the kinship caregiver(s) with the
JFS 04059.
(2)
If the kinship caregiver(s) and ODJFS cannot agree on
the amendment requested by the kinship caregiver(s) or ODJFS, the following is
to occur:
ODJFS is to provide the kinship
caregiver(s) with a JFS 07334, and a JFS 04059 explaining the right to request
a state hearing.
(R)
The kinship
caregiver(s) is to notify ODJFS within fifteen calendar days of the date of any
of the following:
(1)
The kinship guardianship young adult's primary health
care insurance coverage changes from medicaid to private health care insurance.
The kinship caregiver(s) is to complete an ODM 06612 "Health Insurance
Information Sheet" as a result of this change.
(2)
The kinship
caregiver(s) or kinship guardianship young adult relocates.
(3)
The kinship
guardianship young adult enlists in the military.
(4)
The kinship
guardianship young adult has married.
(5)
The kinship
caregiver(s) no longer has caregiver responsibility for the kinship
guardianship young adult.
(6)
The kinship guardianship young adult is no longer
eligible pursuant to paragraph (A) of this rule.
(S)
The KGAP C21
agreement will terminate when any of the following circumstances apply:
(1)
At the end of the
month of the kinship guardianship young adult's twenty-first
birthday.
(2)
If the kinship caregiver(s) no longer has caregiver
responsibility for the kinship guardianship young adult as defined in paragraph
(A)(5) of this rule.
(3)
If the kinship caregiver(s) requests to terminate the
KGAP C21 agreement.
(4)
If the kinship caregiver(s) dies and there is no
successor guardian(s) named on the KGAP C21 agreement.
(5)
If the kinship
guardianship young adult dies.
(6)
If the kinship
guardianship young adult marries.
(7)
If the kinship
guardianship young adult enlists in the military.
(T)
ODJFS will
propose to terminate the KGAP C21 agreement under any of the following
circumstances:
(1)
ODJFS denies eligibility for KGAP C21 at semiannual
redetermination.
(2)
ODJFS denies the amount of monthly payment requested by
the kinship caregiver(s).
(3)
ODJFS proposes to terminate the payment specified on
the current KGAP C21 agreement.
(4)
ODJFS denies a
request by the kinship caregiver(s) to amend the payment amount or provision of
service terms of the current KGAP C21 agreement.
(U)
If ODJFS proposes
to terminate the KGAP C21 agreement due to any of the circumstances listed in
paragraph (S) or (T) of this rule, ODJFS is to provide the following to the
kinship caregiver(s) thirty calendar days prior to the termination date:
(1)
The JFS 00143
"Title IV-E Kinship Guardianship Assistance Program Connections to Twenty-One
(KGAP C21) Notice of Termination" form.
(2)
The JFS 04059
"Explanation of State Hearing Procedures."
(V)
If ODJFS proposes
to terminate the KGAP C21 agreement, and the kinship caregiver(s) has requested
a state hearing, the following is to 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 KGAP C21 agreement is to
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 kinship caregiver(s), the KGAP C21 agreement is to
remain in effect or an amended KGAP C21 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 KGAP C21 agreement as specified in paragraph (S)
or (T) of this rule, the kinship caregiver(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 KGAP C21
agreement is to be terminated. Following the termination, the kinship
caregiver(s) may reapply for KGAP C21 at any time prior to the
kinship/guardianship young adult attaining the age of
twenty-one.
(W)
If the KGAP C21 agreement is terminated, ODJFS is
to:
(1)
Send the
JFS 00143 "Title IV-E Kinship Guardianship Assistance Program Connections to
Twenty-One (KGAP C21) Notice of Termination" form to the kinship
caregiver(s).
(2)
Send the ODM 07236 "Your Rights & Responsibilities
as a Consumer of Medicaid Health Coverage" to the kinship
caregiver(s).
