This letter transmits the Ohio Administrative Code (OAC) rules governing Management and Administration that are being amended as a result of the Five Year Review, recent policy updates, and as the result of the Partners for Ohio Families (PFOF) initiative. The following is a brief explanation of the proposed changes:

OAC 5101:2-44-03 entitled "Public children services agency (PCSA) administration of the state adoption maintenance subsidy program" outlines the PCSA's responsibilities for administering and determining eligibility for the state adoption subsidy. This rule was amended to add the word "maintenance" to the title, to update the revision date of the forms referenced, and to remove duplicate language captured in another rule.

OAC 5101:2-44-05.1 entitled "Covered families and children (CFC) medicaid eligibility: Children with special needs" outlines the medicaid eligibility for special needs children. This rule was amended to change "special needs children" to "children with special needs" in the title and to remove the words "mental retardation."

OAC 5101:2-44-05.2 entitled "Covered families and children (CFC) Medicaid eligibility for state adoption subsidy recipient moving from or to Ohio" outlines the Medicaid eligibility requirements for an adoptive child in receipt of a state adoption subsidy moving from or to Ohio. This rule was amended to change references from "working" days to "business" days. The revision dates of the forms referenced in this rule were updated and language was added requiring adoptive parents to notify the agency of their new address and phone number within ten days of relocating.

OAC 5101:2-44-08 entitled "Redetermination and amendment of a state adoption maintenance subsidy" outlines the procedures for the redetermination and amendment of a state adoption maintenance subsidy. This rule was reorganized and is being filed as new due to the number of changes. The language regarding redeterminations and amendments have been separated out and are addressed individually. The timeframes listed in this rule have been extended to give the agency and the adoptive parent additional time to complete necessary actions. The term "anniversary date" has been changed to "redetermination date" for clarity. The rule now includes a list of reasons why an adoptive parent may request an amendment.

OAC 5101:2-44-09 entitled "Requirements for the state adoption special services subsidy program approved before July 1, 2004" outlines the procedures and requirements for the state adoption special services subsidy program for those agencies that still provide this subsidy. The title of this rule was amended to include "approved before July 1, 2004". The word "calendar" has been removed when referring to days and the revision dates of the forms referenced in this rule have been updated.

OAC 5101:2-44-10 entitled "Suspension of a state adoption maintenance subsidy" outlines the requirements for suspending a state adoption maintenance subsidy. This rule was amended to remove the list of conditions that "may" cause suspension. All conditions now listed in the rule shall cause the subsidy to be suspended. The timeframe for notification of the suspension has been changed from fifteen to thirty days.

OAC 5101:2-44-11 entitled "Termination of a state adoption maintenance subsidy" outlines requirements for terminating a state adoption subsidy. This rule was amended to add the word "maintenance" to the title, to define what "financially supporting" a child means, and to change the term "physically handicapped" to "physically disabled".

OAC 5101:2-44-12 entitled "State adoption maintenance subsidy records" outlines what information must be contained in each state adoption maintenance subsidy record. This rule was amended to add the word "maintenance" to the title and to add language stating that a copy of the Title IV-E adoption assistance denial must be included in the file. The revision dates of the forms referenced in this rule have also been updated.

FORMS: JFS 01615"Approval for State Adoption Maintenance Subsidy" removes the words "amended agreement" and "redetermination" from this form. JFS 01615-I"Instructions for Completing the Approval for State Adoption Maintenance Subsidy" is a new form that provides instructions on how to complete the JFS 01615.

JFS 01614"Redetermination or Amendment of a State Adoption Maintenance Subsidy" is a new form that will be used to complete a redetermination or amendment of a state adoption maintenance subsidy. JFS 01614-I"Instructions for Completing the Redetermination or Amendment of a State Adoption Maintenance Subsidy" gives instructions on how to complete the JFS 01614.

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.