This letter amends Ohio Administrative Code (OAC) rules 5101:2-33-18, 5101:2-49-01, 5101:2-49-02, 5101:2-49-02.1, 5101:2-49-03, 5101:2-49-04, 5101:2-49-06, 5101:2-49-07, 5101:2-49-08, 5101:2-49-09, 5101:2-49-10, 5101:2-49-12, 5101:2-49-13, 5101:2-49-15, 5101:2-49-19, and forms JFS 01448, JFS 01451A, JFS 01453, and JFS 01454. They will be effective April 1, 2010.

The following is a brief explanation of the changes:

OAC 5101:2-33-18 entitled, Administration of the Title IV-E adoption assistance program, outlines components of the Title IV-E adoption assistance (AA) program and addresses the public children services agency's responsibilities for its administration. The rule is being proposed for rescission because the provisions of the rule are included in other rules within chapter 5101:2-49 of the Administrative Code.

OAC 5101:2-49-01 entitled, Adoption assistance criteria and application process, outlines the application process for Title IV-E Adoption Assistance (AA). This rule removes duplicate language regarding reasonable efforts to place a child without adoption assistance; clarifies when the Public Children Services Agency (PCSA) shall require the adoptive parents to submit the JFS 06612 "Health Insurance Information Sheet;" and makes changes to punctuation and grammar. The reformatted and updated JFS 1451A "Title IV-E Adoption Assistance Application" provides more clarification of AA eligibility.

OAC 5101:2-49-02 entitled, Adoption assistance eligibility requirements, outlines the process for establishing eligibility for the AA program. This rule is being rescinded and filed new. The rule removes certain language related to the JFS 01666 "Permanent Surrender;" and revises eligibility criteria related to AFDC relatedness to be in compliance with the Fostering Connections to Success and Increasing Adoptions Act of 2008 effective October 1, 2009. The rule also adds the requirement for a completed homestudy and makes changes to punctuation and grammar. A new form JFS 01448 "Title IV-E Adoption Assistance Non-AFDC-relatedness Eligibility Determination" is for use by the PCSA when determining the child eligible by delinking the child from AFDC relatedness.

OAC 5101:2-49-02.1 entitled, Adoption assistance AFDC-relatedness eligibility criteria, is a new rule, that outlines the AFDC-relatedness requirements to determine whether a special needs child is eligible for Title IV-E adoption assistance. The rule includes language removed from rule 5101:2-49-02 to clarify the eligibility requirement for a child who is determined eligible for AA as it relates to AFDC-relatedness. It also clarifies the method used to determine a child eligible for AA when the child is voluntarily placed with a PCSA or voluntary relinquished to a PCSA or private non profit agency.

OAC 5101:2-49-03 entitled, Special needs criteria for adoption assistance, outlines the criteria for the PCSA to use to determine that a child is special needs and eligible for AA. This rule is being rescinded and filed new. The rule adds language allowing a child who has a medical condition making him or her hard to place, to be determined eligible for AA. The rule removes the requirement to post a child on the Ohio Adoption Photo Listing (OAPL) as documentation for reasonable effort to place the child without adoption assistance. The rule clarifies the criteria for "reasonable efforts" to place the child without adoption assistance and clarifies the federal requirement that the contrary to welfare statement must be in the first court ruling, including the temporary ruling.

OAC 5101:2-49-04 entitled, Age requirement for adoption assistance, outlines the age requirement for a child to be considered eligible for AA. The rule has been amended to clarify the eligibility criteria for a child to continue receiving AA past the age of 18. The rule defines a qualified professional and includes a licensed counselor as outlined in section 4757.23 of the Revised Code. The rule replaces the term "medical doctor" with "physician." The rule also makes changes to punctuation and grammar.

OAC 5101:2-49-06 entitled, Adoption assistance agreement and duration: provision for financial support and services, outlines the criteria of the adoption assistance agreement and the duration of the agreement. This amended rule clarifies information that shall be contained in the AA agreement relating to provisions for financial support and services. The JFS 01453 "Adoption Assistance Agreement" to add language regarding the special needs criteria "substantial risk" was updated to remove language that required the AA agreement to be suspended if the adoptive parent did not return the JFS 01451-B in a timely manner. Changes were also made to punctuation and grammar.

OAC 5101:2-49-07 entitled, Adoption assistance agreement only with no payment, outlines the conditions and procedures for completing an AA agreement with a no payment option. The rule was reformatted for clarity. Changes were also made to punctuation and grammar.

OAC 5101:2-49-08 entitled, Beginning date of an adoption assistance payment, outlines the steps that must be completed before the AA payment can begin. The rule contains changes to format, punctuation, and grammar.

OAC 5101:2-49-09 entitled Title IV-E adoption assistance post-finalization application, outlines the criteria for determining AA eligibility and entering into an adoption assistance agreement after an adoption has been finalized. Changes include: JFS 01673 renamed, "Assessment for Child Placement (Homestudy);" Removed requirement related to the social security administration determination; and made changes to punctuation and grammar.

OAC 5101:2-49-10 entitled, Determination of continuing eligibility requirements for adoption assistance, outlines procedures for determining continued eligibility for adoption assistance. The rule deletes language instructing a PCSA to reduce the AA payment if an adoptive parent fails to submit the annual eligibility determination for continuing eligibility. Rule changes also included reorganization for clarification, as well as, modification to punctuation and grammar.

OAC 5101:2-49-12 entitled, Modification/amendment of an adoption assistance agreement, outlines criteria for modifying or amending an AA agreement. The amended rule clarifies that a PCSA shall not automatically modify, suspend, or redirect, the amount of the AA payment for the duration of an adopted child reentering foster care. Other changes include: reorganization for clarification, and revisions to punctuation and grammar.

OAC 5101:2-49-13 entitled, Termination of adoption assistance, outlines the circumstances that result in the termination of an AA agreement. The amended rule clarifies the process the PCSA shall use to terminate an AA agreement, and clarifies that federally funded AA may not be contingent upon the appropriation of state funds. Other changes include: reorganization for clarification, and revisions to punctuation and grammar.

OAC 5101:2-49-15 entitled Adoption assistance payment eligibility: payment for retroactive adoption assistance, outlines procedures for the provision of retroactive adoption assistance payments after the finalization of the adoption. The amended rule clarifies requirements for the adoptive parent to notify the social security administration when an adoptive child is in receipt of AA and Social Security Income. Other changes include: reorganization for clarification, and revisions to punctuation and grammar.

OAC 5101:2-49-19 entitled Administrative procedure: Title XIX medicaid coverage for Title IV-E adoption assistance eligible children (COBRA), outlines the procedures to follow for provision of Title XIX medical coverage for children eligible for Title IV-E adoption assistance. This rule is reordered for clarity. The rule revises the reference to form JFS 01453. Other changes include revisions to punctuation and grammar.

The JFS 01448 "Title IV-E Adoption Assistance Non-ADC-Relatedness Eligibility," is being proposed as a new form. PCSAs will use this form to determine a child's eligibility due to special needs in accordance with the Fostering Connections to Success and Adoption Act of 2008. This federal law uses the child's age to gradually de-link the AFDC requirements for Title IV-E adoption assistance.

The JFS 01451A "Title IV-E Adoption Assistance Eligibility Determination" is used by the PCSA in determining eligibility of a special needs child for Title IV-E adoption assistance. The form was reformatted for clarify to the eligibility process.

The JFS 01453 "Adoption Assistance Agreement" is used by the PCSA to enter into a legal agreement between the PCSA and the adoptive parent(s) for adoption assistance payments. The form adds language for children determined eligible for AA by the "substantial risk" criteria.

The JFS 01454 "Approval and Agreement for Title IV-E Retroactive Adoption Assistance Payment" is used by the PCSA to enter into a legal agreement between the PCSA and the adoptive parent(s) for retroactive adoption assistance payments. The amended form reflects the decrease of the state / federal share of the payment to two hundred and forty dollars ($240.00).

INSTRUCTIONS:

The following chart indicates the materials that should be deleted from the Family, Children and Adult Services Manual (FCASM), and the materials that should be added.