FCASPL 88 (Eligibility - Special Needs)
Family, Children and Adult Services Procedure Letter No. 88
December 13, 2005
TO: All Family, Children and Adult Services Manual Holders
FROM: Barbara E. Riley, Director
SUBJECT: Policy Clarification for Title IV-E Adoption Assistance Rule 5101:2-47-30 Adoption Assistance Eligibility: Special Needs

When determining eligibility for Title IV-E adoption assistance and the reimbursement of nonrecurring adoption expenses the public children services agency (PCSA) must determine that the child is a child with special needs as defined in Administrative Code rule 5101:2-47-30. One of the criteria that must be met for this determination is that the PCSA must determine that a child cannot or should not be returned to the home of his parent(s). Generally, the mechanism used for establishing this is through a court order terminating parental rights of the parent(s), the existence of a petition for termination of parental rights, or a signed relinquishment by the birth parent(s).

The Department of Health and Human Services, Administration for Children and Families, issued Child Welfare Policy Section 8.2B.11 which broadened the previous guidance to allow the following:

If a child can be adopted in accordance with State or Tribal law without a TPR or relinquishment, the special needs requirement will be satisfied, so long as the State or Tribe has documented the valid reason why the child cannot or should not be returned to the home of his or her parents.

Based on the revised interpretation of the federal policy, when termination of parental rights or a voluntary relinquishment have not been obtained prior to finalization of the adoption, ODJFS will recognize the petition to adopt for purposes of meeting the special needs requirement that a child cannot or should not be returned to the home of his parents to determine eligibility for adoption assistance and the reimbursement of nonrecurring adoption expenses. This policy interpretation also applies to determining eligibility for reimbursement of nonrecurring adoption expenses for international adoptions. A copy of the petition to adopt must be provided prior to finalization of the adoption in order for the PCSA to determine that the child meets the special needs criteria.

This policy clarification is effective on the date of this memo. For questions, about this letter, please contact the OCF Helpdesk by phone at: 1-866-886-3537, Option 4, or by email at: HELP-DESK-OCF@odjfs.state.oh.us.