In accordance with Ohio Revised Code (ORC) section 106.03 each state agency is required to review its rules a minimum of once every five years. The intent of the law is to ensure that rules are clearly written and that program requirements are accurate, up-to-date and clearly expressed. The purpose of a five-year rule review is to determine whether a rule should be continued without amendment, be amended or be rescinded, taking into consideration each rule's scope and purpose. The rules have been reviewed and revised with the collaboration of an external workgroup comprised of various adoption assistance county partners across Ohio. The following rules were recently reviewed and amended to provide clarity as part of a five-year rule review. The rules and forms will be effective July 1, 2019.

OAC rule 5101:2-49-03 entitled "Special Needs Criteria for Title IV-E Adoption Assistance (AA)" sets forth the criteria for a child with special needs to be eligible for the AA program. Changes were made to the rule to provide clarity. In paragraph (A), the Statewide Automated Child Welfare Information System (SACWIS) was added to clarify the reporting system that is used to input a child’s special needs. In paragraph (A)(1), language was added to the rule to include "independent adoptions" for AA eligibility for a child who is legally available for adoption that meets the special needs criteria who is the subject of an independent adoption pursuant to rule 5101:2-49-02 of the Administrative Code. The definition of a "qualified professional," their role and responsibilities were updated in paragraph (A)(2)(g) of the rule as well as the addition of three new categories of qualified professionals: "certified nurse practitioner," "physician assistant," and "school psychologist" to broaden the list of individuals able to diagnose children who have a special need. Language in paragraph (A)(2)(g)(ii) was included to define and list developmental disabilities as defined in Section 35.108, "Definition of Disability," of the Code of Federal Regulations, August 11, 2016 and section, 5123.01, "Department of Developmental Disabilities," of the Ohio Revised Code. The JFS 01453 "Title IV-E Adoption Assistance Agreement" has been amended to incorporate the changes made to rule 5101:2-49-03 of the Administrative Code.  Changes to the form title and revision date. The title to the rule has been amended.

OAC rule 5101:2-49-04 entitled "Requirement for Title IV-E Adoption Assistance (AA) Past Age Eighteen" outlines the requirements for AA for children with an existing adoption assistance agreement that are eighteen to twenty-one years of age. To be eligible for adoption assistance beyond age eighteen, the child must have a documented developmental disability or medical condition that is verified annually. In paragraph (B), the words "special needs" were replaced with "physical or mental disability or medical condition" and a reference to rule 5101:2-49-03 was added for more clarification. Language was included in paragraph (B)(1) to include eligibility requirements for title XVI supplemental security income (SSI) benefits. Clarification was given to the rule to define a "qualified professional" for approved diagnoses for a developmental disability or medical condition in paragraph (B)(2) of the rule. Language was added to paragraph (B)(4) that requires an adoptive parent(s) to provide official documentation from the school when the child is receiving special educational services.  All references to adoption assistance connection (AAC) to age twenty-one was stricken from the rule.  AAC program eligibility information can now be found in its own chapter 5101:2-51. The JFS 01451-B "Title IV-E Adoption Assistance Annual Assurance of Legal Responsibility, School Attendance and Eligibility for Continued Medicaid Coverage" has been amended to incorporate the changes made to rule 5101:2-49-04 of the Administrative Code.  The JFS 01453 "Title IV-E Adoption Assistance Agreement" has been amended to incorporate the changes made to rule 5101:2-49-04 of the Administrative Code.  The title to the rule has been amended. This rule was rescinded and created as new for clarification.

OAC rule 5101:2-49-06 entitled "Title IV-E Adoption Assistance (AA) Agreement and Duration: Provision for Financial Support and Services" outlines the criteria of the AA agreement and the duration of the agreement. The rule has been edited to provide clarification. Minor edits to paragraph (A) to denote new title change to the JFS 01453 "Title IV-E Adoption Assistance Agreement" and revision date update. Paragraph (C) has incorporated new language to indicate an effective agreement date to go into effect July 1, 2019. Agreement effective dates will be denoted by the date identified in section IV of the JFS 01453. Agreements prior to this date will be effective on the date signed by the adoptive parent(s) and the Public Children Services Agency (PCSA).  Language was included to address new provisions for suspension in paragraphs (J)(4) and (K)(4) pursuant to OAC rule 5101:2-49-11. All references to adoption assistance connection (AAC) to age twenty-one was stricken from the rule.  AAC program eligibility information can now be found in its own chapter 5101:2-51. The JFS 01453 "Title IV-E Adoption Assistance Agreement" has been amended to incorporate the changes made to rule 5101:2-49-06 of the Administrative Code. The title to the rule has been amended.  

OAC rule 5101:2-49-07entitled "Initial Title IV-E Adoption Assistance (AA) Agreement Only with No Payment" outlines conditions and procedures for completing an AA agreement with no payment option. Minor edits to paragraph (A) to update form name and revision date. The JFS 01453 "Title IV-E Adoption Assistance Agreement" has been amended to incorporate the changes made to rule 5101:2-49-07 of the Administrative Code.  The title to the rule has been amended.

OAC rule 5101:2-49-08entitled "Title IV-E Adoption Assistance (AA) Monthly Payment" outlines the procedures for determining when a monthly AA payment shall begin. This rule has been edited to provide clarification. The JFS 01453 "Title IV-E Adoption Assistance Agreement" has been amended to incorporate the changes made to rule 5101:2-49-08 of the Administrative Code. The title to the rule has been amended. 

OAC rule 5101:2-49-09 entitled "Title IV-E Adoption Assistance (AA) Post-Finalization Application" outlines the criteria for determining AA eligibility and entering into an AA agreement after the adoption finalization. Additional rule references (5101:2-48-05, "Agency adoption policy and recruitment plan," 5101:2-48-11.1 "Foster caregiver adoption of a foster child or sibling group who has resided with the caregiver for at least six consecutive months," and 5101:2-48-15 "Provision of information to a prospective adoptive parent matched with a specific child") were added in paragraph (A)(2)(a) that require the PCSA or PCPA to notify potential adoptive parent(s) of AA. Language was added to paragraph (C) of the rule to provide clarification to the Public Children Services Agency (PCSA) when submitting the JFS 01451 "Title IV-E Adoption Assistance (AA) Application" when the following occur: (1) a child of a minor parent, (2) in receipt of AA in a prior adoption; and (3) a child of a sibling group. The JFS 01453 "Title IV-E Adoption Assistance Agreement" has been amended to incorporate the changes made to rule 5101:2-49-09 of the Administrative Code. The title to the rule has been amended.

OAC rule 5101:2-49-09.1entitled "Title IV-E Adoption Assistance (AA) Retroactive Payment Process" outlines the process for retroactive AA payments. This rule has been edited to provide clarification. Clarifying language has been added to paragraph (C) of this rule for the negotiation process for retroactive payments based on the special needs of the child, circumstances and resources of the adoptive family. Retroactive payment negotiations shall be conducted in the same manner as AA benefits negotiated prior to the adoption finalization which include services and assistance.  The JFS 01453 "Title IV-E Adoption Assistance Agreement" has been amended to incorporate the changes made to rule 5101:2-49-09.1 of the Administrative Code.  The title to the rule has been amended.

OAC rule 5101:2-49-10 entitled "Title IV-E Adoption Assistance (AA) Ongoing Verification" sets forth the responsibilities of the PCSA and the adoptive parent(s) to provide assurance of legal responsibility, school attendance and eligibility for continued Medicaid coverage through the AA program. Paragraph (B)(2) was amended to include children who are home schooled full-time in the state where their parent(s) resides and must include documentation in the AA case records of their school attendance. Clarification to paragraph (D)(1) and (E) outlines parental support for a child who is under the age of eighteen or under the age of twenty-one with a physical or mentally disabled or has a medical condition. Reference to a child who is self-supporting was stricken from the rule in paragraph (F)(4). The JFS 01451-B "Title IV-E Adoption Assistance Annual Assurance of Legal Responsibility, School Attendance and Eligibility for Continued Medicaid Coverage" has been amended to incorporate the changes made to rule 5101:2-49-10 of the Administrative Code. The JFS 06612 "Health Insurance Information Sheet" is no longer available on the Form Central website. The form is available through the Ohio Department of Medicaid, Medicaid Forms Listing website which can be accessed through Forms Central. The title to the rule has been amended.

Forms

JFS 01451 – "Title IV-E Adoption Assistance Application." No change.

JFS 01451-B – "Title IV-E Adoption Assistance Annual Assurance of Legal Responsibility, School Attendance and Eligibility for Continued Medicaid Coverage," amended to include annual diagnosis by a qualified professional in section I. Clarification to section V to read "physical or mental disability or has a medical condition." Revision date to this form has been revised.

JFS 01453 – "Title IV-E Adoption Assistance Agreement." Title to the form has been revised. The attachment of the nonrecurring agreement is now submitted with this form per OAC rule 5101:2-49-21. Identification of an Independent adoption has been added to Article I of this form. Article IV, has included specifications of additional adoption assistance programs such as Nonrecurring, SAMS, PASSS, AAC and notification to the adoptive parent. Clarification of adoption assistance payment specific to the service needs of the child. Article VII has been included to address requirements of when a Title IV-E agency may suspend adoption assistance (AA) payment. Article X has been included to identify the AA agreement effective date with the inclusion of the Agency Representative and Director signature in addition to the adoptive parents. Changes were made to the form to be consistent with amendments made to OAC 5101: 2-49-03, 04, 06, 07, 08, 09, 09.1, 12, 17, 19, 21, 23, and 25. Revision date to this form has been revised.

JFS 01454 – "Approval and Agreement for Title IV-E Retroactive Adoption Assistance Payments."No change.

The JFS 06612 "Health Insurance Information Sheet" is no longer available on the Form Central website. The form is available through the Ohio Department of Medicaid, Medicaid Forms Listing website which can be accessed through Forms Central.

INSTRUCTION:

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