FCASMTL 418 (Five-Year Review of Chapter 5101:2-44 Rules)
Family, Children and Adult Services Manual Transmittal Letter No. 418
July 12, 2019
TO: All Family, Children, and Adult Services Manual Holders
FROM: Kimberly Hall, Director
SUBJECT: Five-year review of chapter 5101:2-44 rules

This letter transmits changes to Ohio Administrative Code Management and Administration Rules in chapter 5101:2-44 as a result of the five-year review. These rules will be effective 8/1/2019.

The following is a brief explanation of the changes:

OAC rule 5101:2-44-03  "Public children services agency (PCSA) Administration of the state adoption maintenance subsidy program"  Form revision dates were updated. Grammatical changes were made throughout. New paragraph (P) was added regarding terminating Medicaid in SACWIS at adoption finalization if child did not have a special need for medical, mental health or rehabilitative care. No substantive changes were made.

OAC rule 5101:2-44-05.1   "Medicaid eligibility for Children with special needs"  The title of the rule was changed. Form revision dates were updated. OAC rule references were updated. No substantive changes were made.

OAC rule 5101:2-44-05.2  "Medicaid eligibility for state adoption subsidy recipient moving from or to Ohio."  The title of the rule was changed. A form revision date was updated. OAC rule references were updated. No substantive changes were made.

OAC rule 5101:2-44-06  "Eligibility for the state adoption maintenance subsidy program"  The revision dates were updated; the words "approval for," and "maintenance," were added where necessary.

OAC rule 5101:2-44-08  "Redetermination and amendment of a state adoption maintenance subsidy" Form revision dates were updated. No substantive changes were made.

OAC rule 5101:2-44-09  "Requirements for the State Adoption Special Services Subsidy Program Approved Before July 1, 2001"  Form JFS 01618 "Redetermination/Amendment of State Adoption Special Services Subsidy” was deleted from the rule.

OAC rule 5101:2-44-10  "Suspension of a state adoption maintenance subsidy"  Clarified in the rule that if the adoptive child has been determined eligible for Medicaid pursuant to rule 5101:2-44-05.1 of the Administrative Code, the suspension of the SAMS payment does not impact the child’s Medicaid eligibility.

OAC rule 5101:2-44-11  "Termination of a state adoption maintenance subsidy"  A grammatical change was made to rule.

OAC rule 5101:2-44-12  “State adoption maintenance subsidy records,"  Form revision dates were updated. No substantive changes were made.

OAC rule 5101:2-44-13  "Public children services agency (PCSA) administration of the post adoption special services subsidy (PASSS) program,"  sets forth the requirements that the PCSA is responsible for the administration and determination of eligibility for the Post Adoption Special Services Subsidy (PASSS) program. The revision dates and minor changes to the forms were updated within the rule and to the form.

OAC rule 5101:2-44-13.1  "Eligibility and application process for the post adoption special services subsidy (PASSS) program,"  Spelling corrections and clarification were made. No substantive changes were made.

OAC rule 5101:2-44-14  "State adoption assistance loan fund"  revision dates were changed. No substantive changes were made.

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

5101:2‑44‑03

5101:2‑44‑05.1

5101:2‑44‑05.2

5101:2‑44‑06

5101:2‑44‑08

5101:2‑44‑09

5101:2‑44‑10

5101:2‑44‑11

5101:2‑44‑12

5101:2‑44‑13

5101:2‑44‑13.1

5101:2‑44‑14

5101:2‑44‑03

5101:2‑44‑05.1

5101:2‑44‑05.2

5101:2‑44‑06

5101:2‑44‑08

5101:2‑44‑09

5101:2‑44‑10

5101:2‑44‑11

5101:2‑44‑12

5101:2‑44‑13

5101:2‑44‑13.1

5101:2‑44‑14

FORMS

JFS 01613

JFS 01614

JFS 01615

JFS 01052

JFS 01613 (Rev. 4/2019)

JFS 01614 (Rev. 4/2019)

JFS 01615 (Rev. 4/2019)

JFS 01052 (Rev. 4/2019)

TRANSMITTAL   FCASMTL 418