This letter transmits new, rescinded and amended Ohio Administrative Code (OAC) rules governing the Title IV-E adoption assistance for children over the age of two and under the age of two as a result of the passage of P.L. 115-123. The rules will become effective on April 17, 2019.

OAC 5101:2-49-02 "Title IV-E adoption assistance (AA) eligibility criteria for children over age two" sets forth the eligibility criteria for the adoption assistance program for children age two and older. The rule has been rescinded and filed as new to correct the requirement in paragraph (B)(2).  There is no requirement for a judicial determination of contrary to the welfare of a child when a JFS 01645 "Agreement for Temporary Custody of Child" (rev. 4/2006) or a JFS 01666 "Permanent Surrender of Child" (rev.10/2013) is executed. In paragraph (B)(2), language was added to state that the Title IV-E agency may make the determination that the child meets the medical or disability requirements for SSI benefits.

OAC 5101:2-49-02.1 "Title IV-E adoption assistance (AA) eligibility criteria for children under age two" sets forth the eligibility criteria for the adoption assistance program. The rule contains the requirements for non-applicable children to be eligible for adoption assistance for children under age two.  Changes were made to paragraph (B)(2)(b)(iii). There is no requirement for a judicial determination of contrary to the welfare of a child when a JFS 01645 "Agreement for Temporary Custody of Child" (rev. 4/2006) or a JFS 01666 "Permanent Surrender of Child" (rev.10/2013) is executed.

INSTRUCTIONS:

The following chart shows what materials should be inserted into the Family, Children and Adult Services Manual (FCASM).