This letter transmits amendments to Ohio Administrative Code (OAC) rules 5101:2-44-06 "Eligibility of adoptive family and adoptive child for the state adoption maintenance subsidy program," 5101:2-44-08 "Redetermination and amendment of a state adoption maintenance subsidy" and 5101:2-49-21 "Reimbursement of nonrecurring adoption expenses for a child with special needs" and the JFS 01438 "Agreement for payment or reimbursement for nonrecurring expenses incurred in the adoption of a special needs child." These rules and form are being amended as a result of Am. Sub. H.B. 1 of the 128th General Assembly. The effective date for 5101:2-49-21 is August 10, 2009. The effective date for 5101:2-44-06 and 5101:2-44-08 is August 13, 2009.
The following is a brief explanation of the changes:
OAC 5101:2-44-06 "Eligibility of adoptive family and adoptive child for the state adoption maintenance subsidy program" outlines the eligibility requirements for the state adoption maintenance subsidy program. This rule is being amended to change the maximum monthly amount a family may receive for an eligible child to $240.
OAC 5101:2-44-08 "Redetermination and Amendment of a State Adoption Maintenance Subsidy" outlines the procedures for completing a redetermination for the State Adoption Maintenance Subsidy. This rule is being amended to add language on the procedures an agency must follow if funds are not available to support the program.
The Ohio Department of Job and Family Services has determined that funds are not available to support the State Adoption Maintenance Subsidy (SAMS) program and has designated the use of the attached form entitled "Important Notice About Your State Adoption Maintenance Subsidy". Agencies must provide this notice no later than August 17, 2009 to any adoptive parent who is receiving a SAMS payment greater than $240. Agencies shall continue to follow Division 5101:6 of the Administrative Code for all state hearings. OAC 5101:6-3-02 "State hearing requests" states a hearing request "may be either oral or written," and that "Oral requests for a hearing shall immediately be converted to a written record by the person to whom the request is made. It is not appropriate to require the individual to submit a written request once the desire for a hearing has been expressed orally." Agencies are required to record and transmit to the Bureau of State Hearings any oral hearing requests.
OAC 5101:2-49-21 "Reimbursement of nonrecurring adoption expenses for a child with special needs" outlines the procedures for reimbursement of adoption related expenses. This rule is being amended to change the amount of reimbursement to $1,000 per child.
JFS 01438 "Agreement for Payment or Reimbursement for Nonrecurring Expenses Incurred in the Adoption of a Special Needs Child" is the agreement used by the PCSA and the adoptive parent for payment of nonrecurring expenses which will be reimbursed to the adoptive parent(s) incurred in the adoption of a special needs child. This form is being amended to change the amount of reimbursement to $1,000 per child.
Attachment: "Important Notice about your State Adoption Maintenance Subsidy".
INSTRUCTIONS:
The following chart depicts what materials should be deleted from the Family, Children and Adult Services Manual (FCASM) and what materials are to be inserted in the FCASM.
| LOCATION | REMOVE AND FILE AS OBSOLETE | INSERT/REPLACEMENT |
|---|
MANAGEMENT AND ADMINISTRATION
State Adoption Subsidies
|
5101:2‑44‑06
5101:2‑44‑08
|
5101:2‑44‑06
5101:2‑44‑08
|
SOCIAL SERVICES
Title IV-E Adoption Assistance
|
5101:2‑49‑21
|
5101:2‑49‑21
|
| FORMS |
JFS 01438
(Rev. 10/2006)
| JFS 01438
(Rev. 8/2009)
|
TRANSMITTALS
Transmittal Letters
| |
FCASMTL No. 244
|
Attachment: "Important Notice about your State Adoption Maintenance Subsidy".
Click here to view the attachment, "Important Notice about your State Adoption Maintenance Subsidy".