In accordance with Ohio Revised Code (ORC) section 106.03 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. The purpose of a five-year rule review is to determine whether a rule should be continued without amendment, be amended or be rescinded, taking into consideration each rule's scope and purpose. The rules have been reviewed and revised with the collaboration of an external workgroup comprised of various adoption assistance county partners across Ohio. The following rules were recently reviewed and amended to provide clarity as part of a five-year rule review. 

OAC rule 5101:2-49-11entitled "Suspension of Title IV-E Adoption Assistance (AA) Payment." This is a new rule to allow the Public Children Services Agency (PCSA) to suspend adoption assistance payments to adoptive parent(s) when certain circumstances apply. This rule was developed in accordance with the guidance set forth in the Child Welfare Policy Manual (CWPM), §8.2A, Question and Answer #2. The rule outlines the circumstances for suspension when a PCSA proposes to suspend a subsidy when the agency cannot establish contact with the adoptive parent(s). Documented concerted efforts by the PCSA to establish contact with the adoptive parent(s) is required to make such a determination. Written notification of intent is to be sent to the adoptive parent(s) along with state hearing rights prior to suspension. Adoptive parent(s) have ninety days to contact the PCSA and provide documentation of support to re-establish a subsidy.

OAC rule 5101:2-49-12 entitled "Amendment of the Title IV-E Adoption Assistance (AA) Agreement" outlines criteria to amending an AA agreement.  Changes were made to the rule to provide clarification in paragraph (B) when amending the AA agreement to take into consideration newly documented special needs of the child or the adoptive family’s circumstances that were not subject to the current agreement pursuant to 473(a)(3) of the Social Security Act. New language was added to the rule in paragraph (F) to notify the Public Children Services Agency (PCSA) that an AA payment cannot automatically be amended if the adopted child is placed under the responsibility and care of the PCSA. The JFS 01453 "Title IV-E Adoption Assistance Agreement" has been amended to incorporate the changes made to rule 5101:2-49-12 of the Administrative Code.  The title to the rule has been amended.

OAC rule 5101:2-49-13 entitled "Termination of Title IV-E Adoption Assistance (AA)" outlines the circumstances that result in the termination of an AA agreement. Changes were made to the rule to provide clarification. In paragraph (B) the word "financial" was added as a form of support that an adoptive parent(s) can provide to a child regardless of the child’s physical location. Minor edits were made in paragraphs (A), (B), (C), (E)(1), (E)(2), and (E)(3). The JFS 01958 "Referral for Medicaid Continuing Eligibility Review" and JFS 07236 "Your Rights & Responsibilities as a Consumer of Medicaid Health Coverage" are no longer available on the JFS Forms Central website. The forms are available through the Ohio Department of Medicaid, Medicaid Forms Listing website which can be accessed through JFS Forms Central. Revision updates were corrected in paragraph (F). The title to the rule has been amended.

OAC rule 5101:2-49-19 entitled "Title XIX Medicaid Coverage for Title IV-E Adoption Assistance (AA) Eligible Children (COBRA)" outlines the procedures to follow for provisions of Title XIX medical coverage for children eligible for Title IV-E adoption assistance. Changes were made to the rule to incorporate the changes to the Interstate Compact on Adoption and Medical Assistance (ICAMA) due to the interstate compact amendments as a result of systematic enhancements.  Forms were updated to incorporate the new form numbers 6.03 to 7.5 "Information Exchange" and 6.01 to 7.01 "Notice of Medicaid Eligibility/Case Activation." Reference to formJFS 06612 "Health Insurance Information Sheet" has changed to the Ohio Department of Medicaid (ODM) forms with the same name and title. The form is available through the Ohio Department of Medicaid, Medicaid Forms Listing website which can be accessed through Forms Central. The JFS 01453 "Title IV-E Adoption Assistance Agreement" has been amended to incorporate the changes made to rule 5101:2-49-19 of the Administrative Code.  The title to the rule has been amended.

OAC rule 5101:2-49-23 entitled "Title IV-E Adoption Assistance (AA) Intercounty and Interstate Case Management Responsibility" outlines the requirements for intercounty and interstate adoption assistance case management. Minor amendments were made to this rule.  The JFS 01451-B "Title IV-E Adoption Assistance Annual Assurance of Legal Responsibility, School Attendance and Eligibility for Continued Medicaid Coverage" has been amended to incorporate the changes made to rule 5101:2-49-23 of the Administrative Code.  The JFS 01453 "Title IV-E Adoption Assistance Agreement" has been amended to incorporate the changes made to rule 5101:2-49-23 of the Administrative Code.  The title to the rule has been amended.

OAC rule 5101:2-49-25 entitled "Qualified and Disqualified Alien Eligibility for Title IV-E Adoption Assistance (AA)" outlines the requirements for adoption assistance for qualified aliens. Changes include clarification in paragraph (A) to clearly identify the Immigration and Nationality Act. Title XIX Medicaid rules 5160:1-2-01.8 "Medicaid: Conditions of Eligibility for each Applicant or Recipient,"  5160:1-2-02.3 "Medicaid: Qualified Aliens," and 5160:1-2-01.9 of the Administrative Code were rescinded and replaced with rules 5160:1-2-12, "Medicaid: non-citizens" and 5160:1-4-06, "Medicaid: coverage for individuals in receipt of adoption or foster care assistance" of the Administrative Code. The JFS 01453 "Title IV-E Adoption Assistance Agreement" has been amended to incorporate the changes made to rule 5101:2-49-25 of the Administrative Code.  The title to the rule has been amended.

Forms

JFS 01451-B – "Title IV-E Adoption Assistance Annual Assurance of Legal Responsibility, School Attendance and Eligibility for Continued Medicaid Coverage," amended to include annual diagnosis by a qualified professional in section I. Clarification to section V to read "physical or mental disability or has a medical condition." Revision date to this form has been revised.

JFS 01453 – "Title IV-E Adoption Assistance Agreement." Title to the form has been revised. The attachment of the nonrecurring agreement is now submitted with this form per OAC rule 5101:2-49-21. Identification of an Independent adoption has been added to Article I of this form. Article IV, has included specifications of additional adoption assistance programs such as Nonrecurring, SAMS, PASSS, AAC and notification to the adoptive parent. Clarification of adoption assistance payment specific to the service needs of the child. Article VII has been included to address requirements of when a Title IV-E agency may suspend adoption assistance (AA) payment. Article X has been included to identify the AA agreement effective date with the inclusion of the Agency Representative and Director signature in addition to the adoptive parents. Changes were made to the form to be consistent with amendments made to OAC rules 5101: 2-49-03, 04, 06, 07, 08, 09, 09.1, 12, 17, 19, 21, 23, and 25. Revision date to this form has been revised.

JFS 01958 "Referral for Medicaid Continuing Eligibility Review," JFS 06612 "Health Insurance Information Sheet," and theJFS 07236 "Your Rights & Responsibilities as a Consumer of Medicaid Health Coverage" have changed to the Ohio Department of Medicaid (ODM) forms with the same name and title. The forms are available through ODM Forms Listing website which can be accessed through Job & Family Services (JFS) Forms Central under the link "Medicaid Forms Listing."

INSTRUCTION:

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