(A)The PCSA shall
suspend the state adoption maintenance subsidy (SAMS) if any of the following circumstances
occur:
(1)Twelve months have
elapsed from the initial issuance of the SAMS payments and no adoption finalization
has occurred, unless the final adoption decree is delayed by proceedings or action
under the jurisdiction of the court.
(2)The adoptive parent's
annual gross income exceeds one hundred and twenty per cent of the median income
of a family of the same size., including Included in the family size count is the adoptive child,
pursuant to rule 5101:2-44-06 of the Administrative Code.
(3)The adoptive parent(s)
fails to comply with a redetermination of eligibility pursuant to rule 5101:2-44-08
of the Administrative Code.
(4)The adoptive child
enters military service.
(5)The adoptive parent(s)
requests suspension.
(B)The PCSA shall
send notification of the suspension at least thirty days prior to the effective
date of the suspension and include the reason for the suspension and a description
of the procedures for a state hearing pursuant to section 5101.35 of the Revised
Code and division 5101:6 of the Administrative Code.
(C)The PCSA shall
make a redetermination of a suspended SAMS pursuant to rule 5101:2-44-08 of the
Administrative Code within thirty days upon the request
of the adoptive parent to activate a suspended state adoption
subsidy within thirty days of the requestSAMS.
Annual redetermination of a suspended SAMS is not required.
(D)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.
Effective: 8/1/2019
Five Year Review (FYR) Dates: 4/10/2019 and 08/01/2024
Certification: CERTIFIED ELECTRONICALLY
Date: 06/17/2019
Promulgated Under: 119.03
Statutory Authority: 5101.35, 5153.163
Rule Amplifies: 5101.35, 5153.16, 5153.163
Prior Effective Dates: 10/02/1980, 07/01/1990, 05/01/2003, 07/01/2004,
05/01/2009, 05/29/2014