FCASMTL 544 (Five Year Rule Review and Amendment of Title IV-E Adoption Assistance Rule 5101:2-49-02 and Recission of Rule 5101:2-49-02.1)
Family, Children and Adult Services Manual Transmittal Letter No. 544
April 24, 2024
TO: Family, Children and Adult Services Manual Holders
FROM: Kara B. Wente, DCY Director; Matt Damschroder, ODJFS Director
SUBJECT: Five Year Rule Review and Amendment of Title IV-E Adoption Assistance Rule 5101:2-49-02 and Recission of Rule 5101:2-49-02.1

This letter transmits amendments to Ohio Administrative Code (OAC) rule 5101:2-49-02 and to rescind OAC rule 5101:2-49-02.1 that governs the Title IV-E Adoption Assistance for children under age two as a result of the passage of P.L. 115-123. The non-applicable child requirements in rule 5101:2-49-02.1 will end for children under age two after June 30, 2024. The following is a brief explanation of the changes to the rules.

The following is a brief explanation of the changes.

All rules have been amended to remove regulatory restrictive words as described in SB 9 of the 134th General Assembly.

All rules were amended to change the reference of all systems to Ohio’s Comprehensive Child Welfare Information System (Ohio’s CCWIS). Ohio’s CCWIS is defined as a federally recognized case management information system that state and tribal title IV-E agencies may develop to support their child welfare program needs. Ohio’s CCWIS is designed to support social workers’ needs to organize and record quality case information about the children and families receiving child welfare services. Ohio’s CCWIS consists of several automated functions which are approved by the Children’s Bureau and include but are not limited to: Ohio Statewide Automated Child Welfare Information System (SACWIS), Ohio Residential Treatment Information System (RTIS), Child and Adult Protective Services (CAPS) Learning Management System (LMS), Taking Early Action Matters (TEAM) Ohio, and Ohio Certification for Agencies and Families (OCAF).

Ohio Administrative Code (OAC) rule 5101:2-49-02 entitled "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 aged two and older. The title to the rule has been updated to provide clarity for eligibility criteria. The non applicable child requirement for children under age two was stricken in paragraph (A)(1). The judicial determination of best interest requirement in paragraph (B)(1)(a) must be met in the initial court order and not at any time prior to finalization. Regulatory restrictive language was removed throughout the rule as described in SB 9 of the 134th

General Assembly, grammatical edits were made, and the revision dates were struck.  This rule will be effective July 1, 2024.

Ohio Administrative Code (OAC) rule 5101:2-49-02.1 entitled "Title IV-E adoption assistance (AA) eligibility criteria for children under age two." The non applicable child requirements for children under age two will end June 30, 2024.  This rule is being rescinded effective July 1, 2024.

Instructions

The following chart indicates what materials should be removed 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 OAC 5101:2‑49‑02 OAC 5101:2‑49‑02
  OAC 5101:2‑49‑02.1  
TRANSMITTAL LETTERS   FCASMTL No. 544