This letter amends Ohio Administrative Code (OAC) rules 5101:2-44-06, 5101:2-49-21 and the JFS 01615. These rules and form will be effective June 1, 2010.

The following is a brief explanation of the changes:

OAC rule 5101:2-44-06 "Eligibility of adoptive family and adoptive child for the state adoption maintenance subsidy program" outlines the eligibility requirements for the state adoption maintenance subsidy (SAMS) program. The rule was amended to add the requirement that at the beginning of each state fiscal year, the Ohio Department of Job and Family Services (ODJFS) shall issue a procedure letter that identifies the maximum monthly funding level for SAMS. The rule also adds the requirement that if a Public Children Services Agency (PCSA) negotiates a SAMS payment in excess of the maximum SAMS payment identified in the procedure letter, the PCSA shall enter into a separate county agreement with the adoptive parent for a county adoption maintenance subsidy (CAMS).

OAC rule 5101:2-49-21 "Reimbursement of nonrecurring adoption expenses for a child with special needs" outlines the procedures for reimbursement of adoption related expenses. The rule was amended to remove the reference to the homestudy for international adoptions. Children adopted internationally are not eligible for reimbursement of nonrecurring expenses as outlined in the Fostering Connections to Success and Increasing Adoptions Act of 2008.

The JFS 01615 "Approval for state adoption maintenance subsidy" is used by the PCSA to enter into a legal agreement between the PCSA and the adoptive parent(s) for SAMS payments. The form was revised to include language that the state may reduce the SAMS payment in the event of judicial, executive, or legislative action reducing the appropriation.

INSTRUCTIONS:

The following chart indicates the materials that should be deleted from the Family, Children and Adult Services Manual (FCASM) and the materials that should be added.