In accordance with the Administration on Children, Youth and Families, ACYF-CB-PI 10-01, and the Fostering Connections to Success and Increasing Adoptions Act of 2008 Public Law 110-351, adds section 471(a)(28) to the Act, creating a new title IV-E plan option for States and Tribes to provide kinship guardianship assistance payments to relatives who assume legal custody/guardianship of kinship children for whom they have cared for as foster parents for a minimum of six consecutive months. Rules have been created to instruct Title IV-E agencies on the implementation of the Title IV-E KGAP requirements. These rules will be effective on January 1, 2023.

Ohio Administrative Code (OAC) rule 5101:2-46-01 entitled "Administration of the Title IV-E Kinship Guardianship Assistance Program (KGAP)" outlines the primary objectives of the KGAP program and the administrative responsibility.

OAC rule 5101:2-46-02 entitled "Title IV-E Kinship Guardianship Assistance Program (KGAP) Eligibility Criteria" outlines the eligibility criteria established prior to the court issuing an order granting legal custody/guardianship to a kinship caregiver(s) when reunification or adoption are not appropriate permanency options for the child.

OAC rule 5101:2-46-03 entitled "Initial Determination of the Title IV-E Kinship Guardianship Assistance Program (KGAP) Monthly Payment Amount" outlines the factors that must be considered in determining the amount of the KGAP payment and payment modifications determined by mutual agreement between the kinship caregiver(s) and ODJFS.

OAC rule 5101:2-46-04 entitled "Title IV-E Kinship Guardianship Assistance Program (KGAP) Agreement and Duration: Provision for Financial Support and Services" outlines the criteria of the KGAP agreement and the duration of the agreement. This rule coincides with form JFS 00133 entitled "Title IV-E Kinship Guardianship Assistance Program (KGAP) Agreement."

OAC rule 5101:2-46-05 entitled "Title IV-E Kinship Guardianship Assistance Program (KGAP) Monthly Payments" outlines the required procedures needed to begin a KGAP monthly payment when there is a mutually agreed upon KGAP agreement and specific steps have been completed.

OAC rule 5101:2-46-06 entitled "Title IV-E Kinship Guardianship Assistance (KGAP) Ongoing Verification" outlines the responsibilities of the kinship caregiver(s) to provide the JFS 00136 "Title IV-E Kinship Guardianship Assistance Program (KGAP) Annual Assurance of Legal Responsibility, School Attendance and Eligibility for Continued Medicaid Coverage" for continued Medicaid coverage through the KGAP program.

OAC rule 5101:2-46-07 entitled "Amendment of the Title IV-E Kinship Guardianship Assistance Program (KGAP) Agreement" outlines criteria for the kinship caregiver(s) and ODJFS by mutual agreement to amend a KGAP agreement. The request must contain newly documented needs of the child or circumstances of the kinship caregiver(s) that were not previously subject to the current agreement. This may include changes to the successor guardian at any time.

OAC rule 5101:2-46-08 entitled "Suspension of Title IV-E Kinship Guardianship Assistance Program (KGAP) Payment" outlines the criteria for suspension of a KGAP payment to a kinship caregiver(s) when certain circumstances apply.

OAC rule 5101:2-46-09 entitled "Termination of a Title IV-E Kinship Guardianship Assistance Program (KGAP) Agreement" outlines the circumstances that result in the termination of a KGAP agreement between the kinship caregiver(s) and ODJFS.

OAC rule 5101:2-46-10 entitled "Case Record Requirements for Title IV-E Kinship Guardianship Assistance Program (KGAP)" outlines required documentation which supports the public children services agency (PCSA) actions in determining eligibility for KGAP in the case record.

OAC rule 5101:2-46-11 entitled "Title XIX Medicaid Coverage for Title IV-E Kinship Guardianship Assistance Program (KGAP) Eligible Children" outlines procedures to follow for provision of Title XIX medical coverage for children eligible for KGAP.

OAC rule 5101:2-46-12 entitled "Reimbursement of Nonrecurring Kinship Guardianship Assistance Program (KGAP) Expenses" outlines the requirements for eligibility for nonrecurring KGAP expenses and the reimbursement of the nonrecurring expenses incurred by a kinship caregiver(s) that are directly related to the legal custody/guardianship of a child.

OAC rule 5101:2-46-13 entitled "Title IV-E Kinship Guardianship Assistance Program (KGAP) Intercounty and Interstate Case Management Responsibility" outlines the requirements for intercounty and interstate case management for KGAP when the kinship caregiver(s) and the child move to another county or state.

OAC rule 5101:2-46-14 entitled "Requirements for Title IV-E Kinship Guardianship Assistance Program (KGAP) Past Age Eighteen" outlines the requirements for KGAP for children with an existing kinship guardianship agreement that are eighteen to twenty-one years of age. To be eligible for kinship guardianship assistance beyond age eighteen, the child must have a documented physical/mental disability or medical condition that is verified annually.

Forms:

JFS 00131 "Title IV-E Kinship Guardianship Assistance Program (KGAP) Application for Initial Eligibility." This form is completed for each child who is placed in the certified foster home of a kinship caregiver(s) who applies for a KGAP subsidy.

JFS 00133 "Title IV-E Kinship Guardianship Assistance Program (KGAP) Agreement." This form is used to enter into a legal agreement between Ohio department of job and family services (ODJFS) and the kinship caregiver(s) for kinship guardianship assistance payments.

JFS 00134 "Application for Reimbursement of Nonrecurring Kinship Guardianship Assistance Program (KGAP) Expenses." This form is the application used by the kinship caregiver(s) for reimbursement of allowable expenses up to $2,000 in expenses incurred during the process of obtaining legal custody/guardianship of a child.

JFS 00134-I "Instructions for Completing JFS 00134, Application for Reimbursement of Nonrecurring Guardianship Assistance Program (KGAP) Expenses." This form provides instructions when completing an application for reimbursement of expenses incurred during the legal custody/guardianship process.

JFS 00135 "Agreement for Payment or Reimbursement for Nonrecurring Expenses Incurred in a Kinship Guardianship Placement." This form is the agreement between the kinship caregiver(s) and ODJFS outlining the provisions for payment or reimbursement of nonrecurring Kinship Guardianship Assistance Program (KGAP) expenses, not to exceed $2,000 per child.

JFS 00136 "Title IV-E Kinship Guardianship Assistance Program (KGAP) Annual Assurance of Legal Responsibility, School Attendance and Eligibility for Continued Medicaid Coverage." This form is to verify legal responsibility on an annual basis of ongoing circumstances of the kinship caregiver(s) and child or whenever there is a significant change in the family situation.

JFS 00127 "Notice of Adverse Action for the Federal Kinship Guardianship Assistance Program (KGAP)." This form is used when Ohio department of job and family services (ODJFS) proposes denial or termination of the KGAP subsidy pursuant to rule 5101:2-46-09 of the Administrative Code.

These forms will be available online at: http://www.odjfs.state.oh.us/forms/. These forms will be effective on January 1, 2023.

INSTRUCTION:

The following chart indicates the materials that should be removed from the Family, Children and Adult Services Manual and Adult Services Manual (FCASM) and the materials that are to be inserted in the FCASM.