(A)A public children
services agency (PCSA) is responsible for the administration and determination of
eligibility for the state adoption maintenance subsidy. The PCSA shall:
(1)Provide the JFS 01613 "Application for State Adoption Maintenance
Subsidy" (rev. 7/2004
4/2019) to any prospective adoptive parent(s) of a child in the custody of
a PCSA or private child placing agency (PCPA) or upon request.
(2)Determine whether
the adoptive child meets the special needs criteria for a state adoption maintenance
subsidy as defineddescribed
in rule 5101:2-1-015101:2-44-06
of the Administrative Code and document the special needs of the child on the JFS 01615 "Approval for State Adoption Maintenance
Subsidy Agreement" (rev. 4/2014 4/2019). If the agency
determines the child does not meet the special needs criteria for a state adoption
maintenance subsidy, the PCSA shall document the reason for this determination on
the JFS 07334 "Notice of Denial of Your Application for Assistance" (rev.
9/2011).
(3)Determine whether
the child has or does not have a special need for medical, mental health, or rehabilitative
care in accordance with rule 5101:2-44-05.1 of the Administrative Code and document
on the JFS 01449 "Determination of Special Needs For Medical, Mental Health
or Rehabilitative Care" (rev. 7/2004 7/2016).
(4)Determine the adoptive
child's eligibility status within forty-five days of receipt of a complete state
adoption maintenance subsidy application packet. A complete packet will contain
a JFS 01613, JFS 01654 "Adoptive Placement Agreement" (rev. 10/200102/2017), if applicable,
and the child study inventory. Any other information that may help in determining
the special needs and resource needs of the child may be included in the packet.
(5)Notify the adoptive
parent of the approval or denial of the state adoption maintenance subsidy within
fifty days of receipt of a complete state adoption maintenance subsidy application
packet with the JFS 01615 or the JFS 07334 "Notice of
Denial of your application for Assistance" (rev. 9/2011). The state
adoption maintenance subsidy application shall be approved or denied prior to the
adoption finalization.
(B)The PCSA in the
county in which a private child placing agency (PCPA) is located is responsible
for the administration of a state adoption maintenance subsidy for a child in the
permanent custody of the PCPA who is eligible pursuant to rule 5101:2-44-06 of the
Administrative Code.
(C)State adoption
special service subsidy approvals entered into prior to July 1, 2004 shall be redetermined
in accordance with rule 5101:2-44-09 of the Administrative Code.
(D)The PCSA shall
establish and maintain policy and procedures governing its state adoption maintenance
subsidy program in accordance with 42 U.S.C. section 671(a)(21) (1/3/0610/24/18) and section
5153.163 of the Revised Code. Such policy and procedures shall be consistent with
Chapter 5101:2-44 of the Administrative Code and shall be part of the PCSA adoption
policy prepared pursuant to rule 5101:2-48-05 of the Administrative Code.
(E)The PCSA's policy
shall indicate whether the PCSA continues to provide the state adoption special
services subsidies for those approvals in effect before July 1, 2004.
(F)The PCSA shall
document, in the PCSA's adoption policy, a description of the opportunity for a
state hearing pursuant to section 5101.35 of the Revised Code and division 5101:6
of the Administrative Code.
(G)A state adoption
maintenance subsidy payment shall continue if the adoptive parent moves to another
county, state or country unless the PCSA that approved the subsidy determines that
the adoptive parent and the adoptive child are no longer eligible pursuant to rules
5101:2-44-06 and 5101:2-44-08 of the Administrative Code.
(H)The PCSA shall
make an annual redetermination of eligibility for the state adoption maintenance
subsidy program pursuant to rule 5101:2-44-08 of the
Administrative Code, unless the state adoption maintenance
subsidy payment is suspended pursuant to rule
5101:2-44-10 of the Administrative Code.
(1)The PCSA's approvals
and amendments of a state adoption maintenance subsidy shall be documented on the
JFS 01615 for the initial agreement, and for redeterminations
or amendments, the JFS 01614 "Redetermination or Amendment of a State Adoption
Maintenance Subsidy " (4/20147/2014).
(2)The PCSA's suspensions,
decreases, and terminations of a state adoption maintenance subsidy shall be documented
on the JFS 04065 "Prior Notice of Right to a State Hearing" (rev. 5/2001).
(I)If the PCSA determines
the adoptive parent is approved for a state adoption maintenance subsidy payment and the adoptive child has a special need for medical,
mental health, or rehabilitative care in accordance with rule 5101:2-44-05.1 of
the Administrative Code, the PCSA shall provide the adoptive parent with the following
forms, including explanations and instructions:
(1)JFS 01615.
(2)JFS 01449 "Determination of Special Needs for Medical, Mental Health
or Rehabilitative Care" (Rev. 7/2016).
(3)JFS 07216 "Combined Programs Application" (rev. 11/2013).
(J)If the PCSA determines
the adoptive parent is approved for a state adoption maintenance subsidy payment, but the adoptive child does not have a special
need for medical, mental health, or rehabilitative care in accordance with rule
5101:2-44-05.1 of the Administrative Code, the PCSA shall provide the adoptive parent
with the following forms, including explanations and instructions:
(1)JFS 01615.
(2)JFS 01449 indicating
the child does not have a special need for medical, mental health, or rehabilitative
care.
(3)JFS 07334 indicating
the child does not have a special need for medical, mental health, or rehabilitative
care in accordance with rule 5101:2-44-05.1 of the Administrative Code.
(K)The PCSA may issue
an approval for a state adoption maintenance subsidy prior to the adoptive placement
of the child upon the condition that the effective date shall be no earlier than
the date of adoptive placement.
(L)State adoption
maintenance subsidy payments shall be made for no longer than twelve months prior
to the issuance of a final decree, unless a final decree is delayed by proceedings
or action under the jurisdiction of the court. If, for any other reason, finalization
of the adoption does not occur within the twelve-month period of the state adoption
maintenance subsidy payment, the state adoption maintenance
subsidy payment shall be suspended pursuant to rule 5101:2-44-10 of the Administrative
Code. Upon finalization, the suspended subsidy shall be redetermined pursuant to
rule 5101:2-44-08 of the Administrative Code.
(M)The PCSA shall provide
documentation of the compliance with paragraphs (A) and (G) to (K) of this rule
in the adoptive parent's state adoption maintenance subsidy record pursuant to rule
5101:2-44-12 of the Administrative Code.
(N)The PCSA shall
assist the adoptive parent in exploring other sources of assistance, support, and
services before and after the adoption finalizes final decree.
(O)The PCSA shall
make copies of its adoption subsidy policy available to adoptive applicants and
the public upon request. The PCSA shall also provide the applicants with the JFS 04059 "Explanation of State Hearing Procedures" (rev. 10/20081/2015) as required
by rule 5101:6-2-01 of the Administrative Code.
(P)If the PCSA determined the child did not
have a special need for medical, mental health or rehabilitative care in accordance
with rule 5101:2-44-05.1 of the Administrative Code, the PCSA shall terminate the
child's medicaid coverage in the statewide automated child welfare information system
(SACWIS) when the adoption finalizes.
Effective: 8/1/2019
Five Year Review (FYR) Dates: 4/10/2019 and 08/01/2024
Certification: CERTIFIED ELECTRONICALLY
Date: 06/17/2019
Promulgated Under: 119.03
Statutory Authority: 5153.163
Rule Amplifies: 5153.16, 5153.163
Prior Effective Dates: 10/02/1980, 07/01/1990, 02/13/1998 (Emer.),
05/14/1998, 05/01/2003, 07/01/2004, 05/01/2009, 05/29/2014