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of a five-year rule review is to determine whether a rule should be continued without amendment, be amended or be rescinded, taking into consideration each rule's scope and purpose.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. The rules and forms will be effective August 1, 2019.

Ohio Administrative Code (OAC) rule 5101:2-49-01 entitled "Administration of the Title IV-E Adoption Assistance (AA) Program" outlines the AA administrative requirements for public children services agencies (PCSA). This rule also contains requirements for private child placing agencies (PCPAs). Changes include updates to revision dates in paragraphs (B), (F) and (I); correction to form name in paragraph (F)(2)(b)(i); clarification in paragraph (E)(2)(c) regarding agency responsibility has been amended to placement and care/custody; paragraph (G) approval or denial of an eligibility determination application request has been changed from thirty working days to thirty days; and language has been stricken in (H)(1) referencing CRIS-E as a source of verification and information to determine eligibility. This can now be done by launching the Ohio Integrated Eligibility System (OIES) interface in the Statewide Automated Child Welfare Information System (SACWIS). The JFS 06612 "Health Insurance Information Sheet" is no longer available on the JFS Form Central website. The form is available through the Ohio Department of Medicaid, Medicaid Forms Listing website which can be accessed through JFS Forms Central. The title to the rule has been amended.

Ohio Administrative Code (OAC) rule 5101:2-49-17 entitled "Case Record Requirements for Title IV-E Adoption Assistance (AA)" outlines the case record requirements for each adoption assistance case. Changes were made to the rule to provide clarification. Form title changes and revision dates were made in paragraphs (B)(3), (B)(22), and (B)(27). Language was added in paragraph (B)(17) to include eligibility documentation of a child of a minor parent who is eligible for Title IV-E foster care maintenance (FCM) payments. Paragraph (B)(18) indicates the eligibility documentation of a child placed in the custody of a Public Children Services Agency (PCSA) as a result of a JFS 01645 or JFS 01666 to be included in the case record. Reference in the rule to the adoption assistance connection (AAC) to age twenty-one program has been removed from the rule. Rules pertaining to the AAC program can now be found in Chapter 5101:2-51 of the Administrative Code. The title to the rule has been amended. 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 5101:2-49-17 of the Administrative Code. The JFS 01453 "Title IV-E Adoption Assistance Agreement" has been amended to incorporate the changes made to rule 5101:2-49-17 of the Administrative Code.

Ohio Administrative Code (OAC) rule 5101:2-49-21 entitled "Reimbursement of Title Nonrecurring Adoption Expenses for a child with Special Needs" outlines the requirements for eligibility for nonrecurring adoption expenses and the reimbursement of the nonrecurring adoption expenses. Changes were made to clearly explain requirements. Language was added to paragraph (M)(1) to clarify that the application for reimbursement of nonrecurring adoption expenses, the JFS 01421 entitled "Application for Reimbursement of Nonrecurring Adoption Expenses," to the Public Children Services Agency (PCSA) that holds permanent custody, or the case of an independent adoption is submitted in the county that the adoptive parent(s) resides. Submission of the JFS 01421 “Application for Reimbursement of Title IV-E Nonrecurring Adoption Expenses” shall be submitted to the county where the adoptive parent(s) reside. Clarifying language added to paragraph (S)(2) for children legally available for adoption. Paragraph (S)(3) was added to paragraph (S) to include language for a final decree of adoption by a foreign country which now constitutes a final adoption. The JFS 01421 "Application for Reimbursement of Title IV-E Nonrecurring Adoption Expenses"; JFS 01421-I "Instruction for Completing JFS 01421, Application for Reimbursement of Title IV-E Nonrecurring Adoption Expenses"; and JFS 01438 "Agreement for Payment of Reimbursement for Title IV-E Nonrecurring Expenses incurred in Adoption of a Child" have been amended to incorporate the changes made to rule 5101:2-49-21 of the Administrative Code. The JFS 01453 "Title IV-E Adoption Assistance Agreement" has been amended to incorporate the changes made to rule 5101:2-49-21 of the Administrative Code.

Forms

JFS 01421 – "Application for Reimbursement of Title IV-E Nonrecurring Adoption Expenses." Clarification to section IV to include (C), documentation that a child has been determined to be at substantial risk, with no manifestation of a special needs factor, as criteria for reimbursement of Nonrecurring Adoption Expenses pursuant to Family, Children and Adult Services Procedure Letter (FCASPL) 316, effective March 17, 2017. The title to this form has been revised. The revision date has been updated.

JFS 01421-I – "Instruction for Completing JFS 01421, Application for Reimbursement of Title IV-E Nonrecurring Adoption Expenses." Clarification to section IV to include the change from three to four special needs criteria with documentation to meet the special needs certification section of the form. The title to this form has been revised. The revision date has been updated.

JFS 01438 – "Agreement for Payment of Reimbursement for Title IV-E Nonrecurring Expenses incurred in Adoption of a Child." Clarification to section V and VI to include documentation of a child with special needs or a substantial risk, with no manifestation of a special need pursuant to rule 5101:2-49-03 of the Administrative Code. The revision date has been updated.

JFS 01451 – "Title IV-E Adoption Assistance Application." No change.

JFS 01451-B - "Title IV-E Adoption Assistance Annual Assurance of Legal Responsibility, School Attendance and Eligibility for Continued Medicaid Coverage," amended to annual diagnosis by a qualified professional in section 1. Minor clarification to section V. 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 01470 – "Title IV-E Adoption Assistance State Mediation Conference Request." Form amended to incorporate the changes made to rule 5101:2-49-05 of the Administrative Code. Title to the form and the form revision date have been revised.

The JFS 06612 "Health Insurance Information Sheet" is no longer available on the Form Central website. The form is available through the Ohio Department of Medicaid, Medicaid Forms Listing website which can be accessed through Forms Central.

INSTRUCTION:

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