In accordance with Ohio Revised Code (ORC) section 119.03, each state agency is required to review its rules a minimum of once every five years. The intent of the law is to ensure that rules are clearly written and that program requirements are accurate, up-to date and clearly expressed. To the extent possible, unnecessary paperwork will be eliminated, and local agencies will be given increased flexibility. The purpose of a rule review is to determine whether a rule should be continued without amendment, be amended or be rescinded, taking into consideration each rule's scope and purpose. These rules have been amended to provide clarity. All of the rules have been revised through the Partnership for Ohio's Families (PFOF) rule review initiative and are a product of the collaborative partnership between the Ohio Department of Job and Family Services (ODJFS), public children services agencies (PCSA), private child placing agencies (PCPA), adoptive parents and other stakeholders. These rules will be effective July 1, 2014.

Ohio Administrative Code (OAC) rule 5101:2-49-01 "Administration of the Adoption Assistance program" outlines the Adoption Assistance (AA) administrative requirements for public children services (PCSA) agencies. The title of the rule has been amended, paragraph (A) has been added to include the responsibilities of the Title IV-E agency in the administration of the AA program. The JFS 01451 "Title IV-E Adoption Assistance Application" (rev. 1/2014) has been revised to add a separate section for the signature(s) of the adoptive parent and the revision date will be updated.

OAC 5101:2-49-02 "Adoption assistance eligibility criteria" sets forth the eligibility criteria for the adoption assistance program. The proposed rule contains the requirements for applicable and non-applicable children to be eligible for the adoption assistance program. The JFS 01448 "Title IV-E Adoption Assistance Non-AFDC Relatedness Eligibility Determination" (rev. 4/2010) has been eliminated. The Statewide Automated Child Welfare Information System (SACWIS) has been revised to include all eligibility requirements for an applicable and non-applicable child and shall be used to determine eligibility. The rule has been rescinded and filed as new to clearly explain the requirements.

OAC 5101:2-49-02.1 "Title IV-E Adoption Assistance AFDC-Relatedness Eligibility Criteria" outlines the AFDC-relatedness requirements to determine a special needs child's eligibility for Title IV-E adoption assistance. This rule was rescinded as the AFDC-relatedness requirements have been added to rule 5101:2-49-02 of the Administrative Code.

OAC 5101:2-49-03 "Special needs criteria for Adoption Assistance" sets forth the criteria for a child with special needs to be eligible for the Adoption assistance program. In paragraph (A)(2)(e) the requirement that the child has been in the home of the prospective adoptive parent(s) was changed from twelve to six consecutive months. Paragraph (A)(2)(g) "licensed" has been added to marriage and family therapist, "licensed social worker who is under the direct supervision of a licensed professional clinical counselor" was added to the list of qualified professionals. "Mental retardation" was removed as it is considered a developmental disability. The documentation from the qualified professional must include a written statement, supported by an assessment or evaluation within the last twelve months of application. The rule has been rescinded and filed as new to clearly explain the special needs requirements for adoption assistance eligibility.

OAC 5101:2-49-04 "Requirement for Adoption Assistance past age eighteen" outlines the requirements for adoption assistance for children with an existing adoption assistance agreement that are past the age of eighteen. To be eligible for adoption assistance past age eighteen, the child must have a documented mental or physical disability that is verified annually. The title to the rule has been revised; the rule has been rescinded and filed as new to clearly explain the requirements.

OAC 5101:2-49-05 "Determination of the adoption assistance monthly payment amount" outlines how to determine the monthly payment amount for adoption assistance. ODJFS has set a statewide maximum for the adoption assistance program based on foster care expenditure data. If an agency chooses to exceed the statewide maximum the agency must request a waiver by completing the JFS 01471 "Waiver request to exceed the Title IV-E Monthly Adoption Assistance Statewide Maximum"(rev. 1/2014) and submitting it to the email address MAASM@jfs.ohio.gov. This rule also explains the option and procedure for adoptive parent(s) to request a state mediation conference if the agency and adoptive parent(s) cannot mutually agree on an adoption assistance monthly payment amount within thirty calendar days of negotiation by submitting the JFS 01470 "Adoption assistance state mediation conference request "(rev. 1/2014) to state hearings. The rule has been rescinded and filed as new to clearly explain the requirements.

OAC 5101:2-49-06 "Adoption assistance agreement and duration: provision for financial support and services" outlines the criteria of the AA agreement and the duration of the agreement. Minor grammatical changes were made to provide clarity.

OAC 5101:2-49-07 "Adoption assistance agreement only with no payment" outlines the conditions and procedures for completing an AA agreement with no payment option. Language was added to clarify that a child with an AA agreement with no payment is eligible for Title XIX (Medicaid) coverage including a child with special need who is determined to only be at substantial risk as described in OAC 5101:2-49-03. A child with an existing AA agreement that was determined to be eligible for adoption assistance with no payment prior to the effective date of this rule will be eligible for Title XIX as of the effective date of the rule.

OAC 5101:2-49-08 "Adoption assistance monthly payments" outlines the procedures for determining when a monthly AA payment shall begin. Grammatical changes were made to this rule.

JFS 01448 "Title IV-E adoption assistance non-adc relatedness eligibility determination" has been removed as these requirements are incorporated in SACWIS adoption assistance eligibility determination.

JFS 01451"Title IV-E adoption assistance application" has been revised to separate Section V: Health Insurance from the signature section of the form.

JFS 01451-A "Title IV-E Adoption Assistance Eligibility Determination" has being removed as these requirements are incorporated in SACWIS adoption assistance eligibility determination.

JFS 1453"Adoption assistance agreement" is being revised. The word "modified" has been removed to be consistent with changes made to the rules in this package. Completion of the JFS 01451-B has been included in Article II: Obligations of Adoptive Parents in accordance with revisions made OAC 5101:2-49-10 and language was removed from Article V: Medical Care to allow children with the special need of "substantial risk" to be eligible for Medicaid as long as the adoption assistance agreement is in effect.

JFS 1470"Adoption assistance state mediation conference request" has been developed as an option for the adoptive parent(s) to request a state mediation conference with the Office of state hearings when the adoptive parent(s) and the Title IV-E agency can't reach an agreement on the initial adoption assistance amount.

JFS 1471"Waiver request to exceed the Title IV-E adoption assistance statewide maximum" has been developed for Title IV-E agencies to request a waiver to exceed the state wide adoption assistance amount in an adoption agreement.

INSTRUCTIONS:

The following chart shows what materials should be inserted into the Family, Children and Adult Services Manual (FCASM).