(A)The adoptive
parent(s) and the public children services agency (PCSA) shallis to review and
sign the JFS 01453 "Title IV-E Adoption Assistance Agreement" (rev. 7/2019) prior to the adoption finalization. The
PCSA responsible for determining eligibility for AA is also responsible for
entering into the JFS 01453.
(B)The agreement shallis to list the
payments to be provided and the terms under which such benefits will continue
to be available. The AA agreement is binding, but the payments may be amended
at any time in response to a request made either by the adoptive parent(s) or
the PCSA if the adoptive parent(s) and the PCSA agree to the change.
(C)Beginning July
1, 2019, the AA agreement shallis to be effective on the date specified on the JFS 01453. The agreement shallis
to be signed, dated and in effect prior to the final order of adoption
when it is signed by both the adoptive parent(s) and the PCSA. The AA payments
and services shallis to
not begin prior to the effective date. AA agreements in effect, prior to July
1, 2019, are considered effective on the date signed by the adoptive parent(s)
and the PCSA.
(D)The AA
agreement shallis to
remain in effect regardless of the state where the adoptive parent(s) resides
unless the agreement is terminated pursuant to rule 5101:2-49-13 of the
Administrative Code.
(E)The terms of
the AA agreement may be amended at any time if both parties agree to the change
in accordance with rule 5101:2-49-12 of the Administrative Code.
(F)The PCSA shallis not to have a general policy limiting AA prior to the
child's eighteenth birthday.
(G)The PCSA shallis to give a copy of
the signed agreement and all amendments to the adoptive parent(s) and keep in
the AA case record.
(H)The PCSA that
entered into the AA agreement shallis to secure Title XIX medicaid and Title XX social
services block grant services if the services are not available in the state or
county where the child resides in accordance with rule 5101:2-49-23 of the
Administrative Code.
(I)Nothing shallis to prevent prohibit the adoptive family from seeking Title XX
services available in the county of residence even if they are not already
specified in the AA agreement. The adoptive parent(s) may:
(1)Apply for the
Title XX services in the county where they reside.
(2)Seek to amend
the child's AA agreement.
(J)The adoptive
parent(s) has the right to a state hearing under any of the following
circumstances:
(1)The PCSA
denies eligibility for AA.
(2)The PCSA
denies the amount of payment requested by the adoptive parent(s) in the child's
initial JFS 01453.
(3)The PCSA and
the adoptive parent(s) are unable to come to a mutual agreement following a
state mediation conference.
(4)The PCSA
proposes to reduce, suspend, or terminate the
amount of AA payment specified on the current AA agreement.
(5)The PCSA
denies a request by the adoptive parent(s) to amend the terms of the current AA
agreement.
(K)The PCSA shallis to provide
written notification to the adoptive parent(s) when any of the following occur:
(1)A determination
to deny AA eligibility.
(2)A denial for a
request to increase the amount of the monthly AA payment.
(3)The PCSA and
the adoptive parent(s) are unable to come to a mutual agreement following a
state mediation conference.
(4)A reduction,
suspension, or termination of the monthly AA
payment.
(L)The PCSA shallis to inform the
adoptive parent(s) of all decisions to deny or approve AA with a copy of the
JFS 04059 "Explanation of State Hearing Procedures" (rev. 1/2015).
Effective: 7/1/2024
Five Year Review (FYR) Dates: 2/6/2024 and 07/01/2029
Certification: CERTIFIED ELECTRONICALLY
Date: 04/19/2024
Promulgated Under: 119.03
Statutory Authority: 5101.141
Rule Amplifies: 5101.11
Prior Effective Dates: 01/01/1983, 04/01/1986 (Emer.),
07/01/1986, 07/02/1987, 09/01/1988, 09/01/1992, 07/01/1993, 05/01/1998,
01/01/2007, 04/01/2010, 12/15/2011, 07/01/2014, 03/05/2019