(A) The KPI program is designed to promote
a permanent commitment by a kinship caregiver(s) through becoming guardians and
custodians over minor children who would otherwise be unsafe or at risk of harm
if they remained in their own homes. KPI provides up to eight incentive
payments to families caring for their kin.
(A)(B) The following definitions are applicable to
this rule and supersede any conflicting definitions
contained in rule 5101:2-1-01 of the Administrative Code.
(1) "Custodian"
has the same meaning as in section 5107.02 of the Revised Code, which is an
individual who has legal custody of a minor child or comparable status over a
minor child created by a court of competent jurisdiction in another state.
(2) "Family"
means a kinship caregiver, spouse of the kinship caregiver, and all of the minor children for whom the kinship caregiver and spouse of the kinship
caregiver are responsible, and who reside in the same household.
(3) "Fraudulent
incentive" means incentive funds provided to the kinship caregiver(s) as a
result of fraud by the kinship caregiver(s), including an intentional violation
of the program requirements. Fraudulent incentive does not include incentive
payments provided due to an error of the agency in processing the application.
(4) "Gross
income" means income of the family as defined in
paragraph (B)(2) of this rule before taxes and deductions. Exclusions of reported income are as follows and shall be
deducted from the gross income of each adult responsible for reporting his or
her income:
(a) Child support paid out to another
custodian for a child in the other custodian's care.
(b) Up to one-hundred dollars per month of
any child support received on behalf of the child for whom the kinship
caregiver is applying for the KPI program.
(c) Any Ohio works first (OWF) payments.
(d) Employment income of minor children.
(e) Supplemental security income (SSI)
payments.
(5) "Guardian"
has the same meaning as in section 5107.02 of the Revised Code, which is an
individual that is granted authority by a probate court or a court of competent
jurisdiction in another state, to exercise parental rights over a minor child
to the extent provided in the court's order and subject to residual parental
rights of the minor child's parents.
(6) "Kinship
caregiver" has the same meaning as in section 5101.85 of the Revised Code,
which is any of the following who is eighteen years of age or older and is
caring for a child in place of the child's parents.
(a) Individuals
related by blood or adoption to the child including:
(i) Grandparents,
including grandparents with the prefix "great,"
"great-great," or "great-great-great."
(ii) Siblings.
(iii) Aunts,
uncles, nephews, and nieces, including such relatives with the prefix
"great," "great-great," "grand," or
"great-grand."
(iv) First cousins
and first cousins once removed.
(b) Stepparents
and stepsiblings of the child.
(c) Spouses and
former spouses of individuals named in paragraphs (A)(6)(a)(i)
to (A)(6)(a)(iv)(B)(6)(a)(i) to (B)(6)(a)(iv)
and (A)(6)(b)(B)(6)(b)
of this rule.
(d) A legal
guardian of the child.
(e) A legal
custodian of the child.
(7) "Minor
child" has the same meaning as in 45 C.F.R. 260.30 (2003), which is either
of the following:
(a) An individual
who has not attained age eighteen.
(b) An individual
who has not attained age nineteen and is a full-time student in a secondary
school or in the equivalent level of vocational or technical training.
(B) The KPI program is designed to promote
a permanent commitment by a kinship caregiver(s) through becoming guardians and
custodians over minor children who would otherwise be unsafe or at risk of harm
if they remained in their own homes. KPI provides time-limited incentive
payments to families caring for their kin.
(C) Eligible
kinship caregiver(s) shall receive a one-time an initial incentive payment to
defray costs of placement and may receive subsequent payments at
six-month intervals to support the stability of the child's placement in the
home.
(1) The maximum
incentive amount may not exceed eight payments per child per kinship caregiver(s).
(2) The incentive amount for the kinship
caregiver(s) shall not be provided for longer than a total of forty-eight
cumulative months during which time the kinship caregiver(s) meets all
eligibility requirements of the program. One incentive payment is equivalent to
six months of eligibility.
(3)(2) Individuals who received
were approved for their sixth incentive
payment prior to March 17, 2014 are not eligible for additional incentive
payments.
(4)(3) Individuals who submitted their sixth redetermination application to the public children
services agency (PCSA) on or after March 17, 2014
may be eligible for additional incentive payments.
(5)(4) Individuals who have not received their sixth
incentive payment may be eligible for additional incentive payments.
(D) For each state fiscal year (SFY), the
Ohio department of job and family services (ODJFS) shall determine the initial
and subsequent payment amounts. At the beginning of each SFY, ODJFS shall
provide notice to the PCSAs identifying the initial and subsequent payment
amounts for that SFY.
(D)(E) The PCSA shall determine the kinship
caregiver(s) eligible for KPI when all of the following criteria are met:
(1) On July 1,
2005 or thereafter, a court issued an order granting legal custody or guardianship
to the kinship caregiver(s). A temporary court order is not sufficient to meet
this requirement.
(2) The minor child resides with the kinship caregiver(s). If
the child is on temporary leave from the kinship caregiver's home (e.g.,
hospitalization, mental health treatment or respite) and the kinship caregiver
retains legal custody or guardianship this shall not preclude eligibility for
KPI.
(3) The kinship
caregiver(s) is a resident of the state of Ohio.
(4) The gross
income of the kinship caregiver's family does not exceed three hundred per cent
of the federal poverty guidelines.
(5) The placement
has been assessed and approved by the public children
services agency (PCSA)PCSA or private
child placing agency (PCPA).
(a) For children
placed by the PCSA or PCPA, the placement was assessed and approved pursuant to
paragraphs (B) to (J)(I)
of rule 5101:2-42-18 of the Administrative Code.
(b) For children
placed directly with a kinship caregiver by a court or relative, the PCSA shall
assess the home in accordance with the requirements identified in paragraphs
(B) and (D) to (J)(I)
of rule 5101:2-42-18 of the Administrative Code prior to the approval of KPI.
(F) The kinship caregiver(s) shall apply
for the KPI program by submitting the following to the PCSA in the county in
which the caregiver resides:
(1) The JFS 01501 "Application for
Kinship Permanency Incentive" (rev. 7/2017).
(2) Verification that the caregiver has
obtained legal custody or guardianship on or after July 1, 2005.
(3) Verification of income. Exclusions of
reported income are as follows and shall not be included in the income
calculation for eligibility:
(a) Child support paid out to another
custodian for a child in the other custodian's care. The total amount of child
support paid out shall be deducted from the gross income.
(b) Up to one-hundred dollars per month per
child of any child support received on behalf of the child(ren) for whom the
kinship caregiver is applying for the KPI program.
(c) Any Ohio works first (OWF) payments.
(d) Any income of minor children, including
employment income and social security benefits paid to a child.
(e) Supplemental security income (SSI)
payments and social security disability income (SSDI) payments.
(f) Adoption subsidy payments and foster
care reimbursements.
(E)(G) When the kinship caregiver(s) submits an
application for re-determination, the PCSA shall review the eligibility
requirements in paragraph (D)(E) of this rule with the kinship caregiver(s).
(1) The PCSA shall
ensure that the requirements in paragraphs (D)(1) to
(D)(4)(E)(1) to (E)(4) of this rule
continue to be met by the kinship caregiver's family.
(2) If there are
any new adults in the home, the PCSA shall conduct background checks on the
adult(s) pursuant to paragraphs (B)(2)(B)(3) and (B)(8)(B)(9) of rule 5101:2-42-18 of the Administrative Code.
(3) If the kinship
caregiver(s) has moved to a new address, the PCSA shall ensure that the home
meets the requirements listed in paragraph (B)(3)(B)(5) of rule 5101:2-42-18 of the Administrative Code.
(F) For each state fiscal year (SFY), the
Ohio department of job and family services (ODJFS) shall determine the initial
and subsequent payment amounts. At the beginning of each SFY, ODJFS shall
provide notice to the PCSAs identifying the initial and subsequent payment
amounts for that SFY.
(G)(H)At the time of the
kinship caregiver's initial application or re-determination, The the PCSA in the
county in which the kinship caregiver(s) resides, at the
time of initial application or re-determination, is responsible for the
followingshall:
(1) Upon request of the kinship caregivers(s), providing Provide the kinship caregiver(s) with the JFS 01501 "Application for Kinship Permanency Incentive" (rev.
7/2007)upon request.
(2) Determining Determine eligibility
for the initial incentive payment.
(3) Notifying Notify the
kinship caregiver(s) of the approval, denial or incomplete application in
accordance with paragraphs (H)(1) to (H)(3)(I) and (J) of this rule.
(4) Informing Inform the
kinship caregiver(s) that subsequent payments will require
re-determination of eligibility every six months and that the kinship
caregiver(s) must submit another application.
(5) Notifying Notify the
kinship caregiver(s) at least thirty, but not more than sixty,calendar
days prior to the eligibility for a subsequent incentive payment that
the kinship caregiver(s) must submit a JFS 01501 and verifying
documentation to enable the PCSA to determine eligibility.
(6) Determining Determine continuing
eligibility for subsequent incentive payments as long as
the kinship caregiver(s) resides in that county.
(7) Notifying Notify the
kinship caregiver(s) of the approval, denial or incomplete application for
subsequent incentive payments in accordance with paragraphs (H)(1) to (H)(3)(I) and (J)
of this rule.
(8) Conducting Conduct a
face-to-face or telephone interview with the
kinship caregiver(s) to determine eligibility no less frequently than annually.
The PCSA may waive the face-to-face interview if this
proves to be a hardship for the kinship caregiver(s).
(H)(I) The PCSA shall approve or deny the
application for KPI based on criteria identified in paragraphs (D)(1) to (D)(5)(E)(1) to (E)(5)
of this rule and provide written notification on the
"Notice of Approval for Kinship Permanency Incentive Funds" or the
"Notice of Denial for Kinship Permanency Incentive Funds" reports
generated from the statewide automated child welfare information system
(SACWIS) to the kinship caregiver(s) of its decision within fifteen business days of receipt of the completed JFS 01501,
supporting documentation, and the results of the background checks.
(1)(J) When sufficient information is not available
to enable the PCSA to approve or deny the application for incentive payments,
the PCSA shall provide the kinship caregiver(s) with JFS
01502 "Notice of Incomplete Kinship Permanency Incentive Application"
(rev. 7/2007)notification on the "Notice of
Incomplete Kinship Permanency Incentive Application" generated from SACWIS
that identifies the information needed. The PCSA shall
notify and informs the kinship
caregiver(s) that if information requested is not submitted within ten calendar days the application will be denied. This
shall not prohibit the kinship caregiver(s) from reapplying.
(2) For approved applications, JFS 01503
"Notice of Approval for Kinship Permanency Incentive Funds" (7/2011)
shall be completed.
(3) For denied applications, JFS 01504
"Notice of Denial for Kinship Permanency Incentive Funds" (rev.
9/2009) shall be completed.
(I)(K) If a kinship caregiver(s) relocates to
another Ohio county, the PCSA in the current new county of residence is responsible for determining
eligibility for subsequent incentive payments and
complying with notification requirements outlined in paragraphs (G)(5) to
(G)(8) of this rule. When known, the PCSA in the county in which the
kinship caregiver(s) currently resides shall coordinate with the PCSA in the
county of former residence in order to secure information regarding prior
incentive payments. The PCSA in the county in which the kinship caregiver(s)
formerly resided shall share information regarding prior incentive payments and
upon request, transfer the case to the PCSA of the kinship caregiver's current new county of
residence.
(L) When a PCSA conducts and approves a
home assessment in accordance with rule 5101:2-42-18 of the Administrative Code
for a child's placement with a relative or nonrelative substitute caregiver
residing in another county, the PCSA in the county of residence may use the
approved home assessment to support KPI program eligibility.
(J)(M) The kinship caregiver(s) is responsible for notifying shall
notify the PCSA of any status change in the household that may impact
eligibility;,as well as notifying the PCSA of address changesincluding any new household members and any change of address.
(K)(N) The PCSA may develop an interagency agreement
with the CDJFS to assist in gathering eligibility information necessary for the
PCSA to approve or deny the application.
(L)(O) If a director of a PCSA determines that a
kinship caregiver(s) has received a fraudulent incentive, the kinship
caregiver(s) is shall be ineligible
to participate in the KPI program for any child. The PCSA that determines that a kinship caregiver(s) has
received a fraudulant incentive shall indicate this in SACWIS.
(M)(P) The PCSA shall enter incentive
payments for reimbursement from ODJFS into the "KPIP Webtool" within
ninety days of the effective date of the incentive payment to the caregiver.
Any amounts reported beyond ninety days of the effective date of the incentive
payment may not be reimbursed by ODJFSapplications
and incentive payments into SACWIS.
(N)(Q) In order to confine KPI expenditures to
appropriated state funds, the director of the department of job and family
services, or designee, may issue an order at any time suspending the intake of
any applications for KPI. During a program suspension, all applicants will be
advised that a suspension is in effect. All applications will be denied during
the same time that a suspension is in effect. No waiting lists will be
established during the periods of suspension.
(O)(R) The PCSA shall inform the kinship caregiver(s)
of the right to request a state hearing and provide the kinship caregiver(s)
with a copy of the JFS 04059 "Explanation of State Hearing
Procedures" (rev. 10/08) (rev. 1/2015) upon approval or denial of their
application. The kinship caregiver(s) has the right to request a state hearing
if the PCSA denies eligibility for KPI, or the application has been acted upon
erroneously, or not acted upon with reasonable promptness.
Effective: 09/01/2017
Five Year Review (FYR) Dates: 05/01/2019
Certification: CERTIFIED ELECTRONICALLY
Date: 07/27/2017
Promulgated Under: 119.03
Statutory Authority: 5101.801, 5101.802
Rule Amplifies: 5101.801, 5101.802
Prior Effective Dates: 1/1/2006, 7/2/2007 (Emer.), 9/30/2007,
8/21/2009 (Emer.), 11/18/2009, 7/1/2011 (Emer.), 9/29/2011, 5/4/2014, 1/20/2015