This letter transmits amendments to Ohio Administrative Code (OAC) rules governing Title IV-E adoption assistance in rules 5101:2-49-04 and 5101:2-49-21. These rules will be effective on February 3, 2020. The following is a brief explanation of the changes.

Ohio Administrative Code (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 physical, mental disability or medical condition that is verified annually. Reinstated original language in paragraph (B)(1) for social security disability eligibility criteria. Additional language was reinstated in paragraph (D) that was erroneously omitted in the previous version of the rule. Clarification for a child with a "physical, mental disability or medical condition" for continuation of AA eligibility was made throughout the rule for consistency. And, minor edits, clarification and rule references were made throughout.

Ohio Administrative Code (OAC) rule 5101:2-49-21 entitled "Reimbursement of Title IV-E Nonrecurring Adoption Expenses for a child with Special Needs" outlines the requirements for eligibility for nonrecurring adoption expenses and the reimbursement of the nonrecurring adoption expenses. Reinstated original language in paragraph (I) to clarify the submission of a request for payment or reimbursement and proof of expenditures for nonrecurring expenses within two years of adoption finalization or disruption prior to adoption finalization. Minor edits were made throughout. No substantive changes were made to the rule. The JFS 01438 "Agreement for Payment or Reimbursement for Title IV-E Nonrecurring Expenses Incurred in the Adoption of a Child with Special Needs" form title has been amended to incorporate the changes made to rule 5101:2-49-21 of the Administrative Code.

Form:

JFS 01438 – "Agreement for Payment or Reimbursement for Title IV-E Nonrecurring Expenses Incurred in the Adoption of a Child with Special Needs." The title to the form was amended and revision date has been updated.

INSTRUCTION:

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