This letter transmits amendments to Ohio Administrative Code (OAC) Rules in Chapter 5101:2-46.   These rules set forth the requirements that create a Title IV-E plan option for States and Tribes to provide kinship guardianship assistance payments to relatives who assume legal custody/guardianship of kinship children for whom they have cared for as foster parents for a minimum of six consecutive months.  These rules will be effective January 22, 2024.

OAC rule 5101:2-46-01 entitled "Administration of the Title IV-E Kinship Guardianship Assistance Program (KGAP)" outlines the primary objectives of the KGAP program and the administrative responsibility. Paragraph (D) was revised to provide clarification for maintaining policy and procedures.

OAC rule 5101:2-46-12 entitled "Reimbursement of Title IV-E Nonrecurring Kinship Guardianship Assistance Program (KGAP) Expenses" outlines the requirements for eligibility for nonrecurring KGAP expenses and the reimbursement of the nonrecurring expenses incurred by a kinship caregiver(s) that are directly related to the legal custody/guardianship of a child. Paragraph (I) has been revised to update the reimbursement requirement to “one year” from two years.

OAC rule 5101:2-56-05 entitled "Reimbursement of Nonrecurring State Kinship Guardianship Assistance Program (KGAP) Expenses" outlines the requirements for eligibility for nonrecurring KGAP expenses and the reimbursement of the nonrecurring expenses incurred by a kinship caregiver(s) that are directly related to the legal custody/guardianship of a child. Paragraph (I) has been revised to update the reimbursement requirement to “one year” from two years.

FORMS

JFS 00129 entitled "State Kinship Guardianship Assistance Program (KGAP) Agreement."  This form as been revised to advise kinship caregivers of their responsibility to report the receipt of KGAP subsidy to Social Security if the child is receiving SSI.

JFS 00129-I entitled "Instructions for Completing JFS 00129, State Guardianship Assistance Program (KGAP) Agreement." This form is being rescinded as it is a form completed by ODJFS and is not necessary.

JFS 00133 entitled "Title IV-E Kinship Guardianship Assistance Program (KGAP) Agreement." This form is being revised to advise kinship caregivers of their responsibility to report the receipt of KGAP subsidy to Social Security if the child is receiving SSI.

JFS 00134 entitled "Application for Reimbursement of Nonrecurring Kinship Guardianship Assistance Program (KGAP) Expenses." This form has been updated to update the reimbursement requirement to “one year” from two years.

JFS 00135 entitled "Agreement for Payment or Reimbursement for Nonrecurring Expenses Incurred in a Kinship Guardianship Placement." This form has been updated to update the reimbursement requirement to “one year” from two years.

INSTRUCTION:

The following chart indicates the materials that should be removed from the Family, Children and Adult Services Manual and Adult Services Manual (FCASM) and the materials that are to be inserted in the FCASM.