In accordance with Amended Substitute
House Bill 166110
of the 133rd134th
General Assembly (7/2019)(6/2021),
the kinship caregiver program (KCP) assists kinship caregivers with providing
and maintaining a home for a child in place of a child's parents by providing
reasonable and necessary relief of child caring functions through family
stabilization and caregiving services.
(A)Who administers
and designs KCP?
KCP shall be incorporated into a county agency's prevention,
retention and contingency (PRC) plan and designed by the county agency and the
public children services agency (PCSA) to be consistent with the provisions of
Section 307.100307.81
of Amended Substitute House Bill 166110 of the 133rd134th General Assembly, Chapter 5108. of the Revised
Code, and this rule.
(B)What temporary
assistance for needy families (TANF) purpose does KCP meet?
KCP shall be designed to reasonably achieve the purpose of
helping needy families so that children may be cared for in their own homes or
in the homes of relatives. Therefore, an application and determination of TANF
eligibility is required for every assistance group.
The benefits and/or services provided in KCP may not be
"assistance" as defined in 45 C.F.R. 260.31(a) (10/1999); and are
limited to benefits and/or services that are excluded from the definition of
assistance pursuant to 45 C.F.R. 260.31(b) (10/1999).
(C)Who is a
kinship caregiver?
"Kinship caregiver" means 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:
(1)The following
individuals related by blood or adoption to the child:
(a)Grandparents,
including grandparents with the prefix "great,"
"great-great," or "great-great-great";
(b)Siblings;
(c)Aunts, uncles,
nephews, and nieces, including such relatives with the prefix
"great," "great-great," "grand," or
"great-grand";
(d)First cousins
and first cousins once removed.
(2)Stepparents and
stepsiblings of the child;
(3)Spouses and
former spouses of individuals named in paragraph (C)(1) or (C)(2) of this rule;
(4)A legal
guardian of the child;
(5)A legal
custodian of the child.
(D)What are the
TANF eligibility requirements for KCP?
(1)For the
stabilization service, the assistance group shall include only a minor child
residing with a kinship caregiver.
(2)For the
caregiving service, the assistance group shall include at least a minor child
residing with a kinship caregiver and the kinship caregiver.
(3)Each member of
the assistance group shall:
(a)Have or have
applied for a social security number;
(b)Be a United
States citizen or non-citizen national or qualified alien as those terms are
defined in rule 5101:1-2-30 of the Administrative Code;
(c)Not owe any of
the cost of fraudulent TANF assistance paid to the individual; and
(d)Have been
afforded the opportunity to register to vote (when applicable).
(4)The assistance
group shall have gross income of less than two hundred per cent of the federal
poverty level. Income received during the past thirty days shall be used as an
indicator of the income that is and will be available to the assistance group.
However, the county agency shall not use past income as an indicator of income
anticipated for the certification period if changes in income have occurred or
can be anticipated. If income fluctuates to the extent that a thirty day period
alone cannot provide an accurate indication of anticipated income, the county
agency and the assistance group may use a longer period of past time if it will
provide an accurate indication of anticipated fluctuations in future income.
(5)A
redetermination of TANF eligibility for KCP shall be required no less than
every twelve months from determination of initial eligibility.
(E)What are the
required elements of the stabilization service?
Stabilization services shall be designed to transition the child
into and maintain the child in the home of the kinship caregiver. Examples of
stabilization benefits include, but are not limited to child care services not
to exceed four months; or incidentals incurred when taking on the
responsibility of caring for a child unexpectedly (i.e. purchases for basic
needs such as but not limited to cribs/beds etc.).
(F)What are the
required elements of the caregiving service?
(1)The benefits or
services shall be limited to reimbursement to the kinship caregiver for, or
direct payment to, a third-party individual or entity to administer to the
needs of a minor child. The caregiving service may be provided at a licensed or
unlicensed provider or may take place in the home of the kinship caregiver. The
care may include care designed to provide temporary relief of child caring
functions.
(2)The minor child
for who caregiving services are being provided shall be:
(a)Under age
thirteen at the time of application and may remain eligible until they turn
thirteen; or
(b)Be under age
eighteen at the time of application if the child meets the definition of
special needs pursuant to rule 5101:2-16-01 of the Administrative Code, and may
remain eligible until they turn eighteen.
(3)The kinship
caregiver or other member of the assistance group shall be participating in one
of the following approved activities:
(a)Paid employment
on a full-time or part-time basis.
(b)A training or
education activity that prepares the caretaker for paid employment.
(c)Participating
in one or more work activities as a condition of eligibility for either Ohio
works first (OWF) or the supplemental nutrition assistance program (SNAP).
(4)The assistance
group shall inform the county agency within ten days if no member of the
assistance group is participating in an approved activity or if the child is no
longer residing with the kinship caregiver.
(G)How must
adverse action be taken against an applicant or recipient of KCP?
In accordance with rules 5101:6-2-02 and 5101:6-2-04 of the
Administrative Code, a county agency shall provide an assistance group written
notice of a denial or its intent to withhold, reduce, suspend, or terminate KCP
services.
Effective: 2/1/2022
Five Year Review (FYR) Dates: 12/1/2024
Certification: CERTIFIED ELECTRONICALLY
Date: 01/04/2022
Promulgated Under: 119.03
Statutory Authority: Section 307.81 of Amended Substitute House
Bill 110 of the 134th General Assembly, 5101.801
Rule Amplifies: Section 307.81 of Amended Substitute House Bill
110 of the 134th General Assembly, 5101.80, 5101.801, 5108.01, 5108.02
Prior Effective Dates: 12/01/2019