(A)The public children
services agency (PCSA) shall terminate the state adoption maintenance subsidy (SAMS)
if any of the following circumstances occur:
(1)The adoptive child's
death.
(2)The adoptive parent
is no longer legally responsible
to financially support supporting the child. An adoptive parent(s) is financially
supporting the child if the adoptive parent(s) provides the child with shelter,
food and clothing or child support. A parent is generally
responsible for the support of a child who is under the age of eighteen or a child
with a physical and/or mental disability who is under twenty-one years of age.
(3)The adoptive child
does one of the following:
(a)Reaches the age
of eighteen.
(b)Reaches age twenty-one
and has been eligible because the child is mentally or physically disabled.
(4)The terms of the
state adoption maintenance subsidy have been fulfilled.
(5)Six months have
elapsed from the redetermination date and the adoptive parent fails to comply with
a redetermination of eligibility pursuant to rule 5101:2-44-08 of the Administrative
Code.
(6)The adoptive parent(s)
requests termination.
(B)The PCSA shall
send notification of the termination using the JFS 04065 "Prior Notice of the
Right to a State Hearing" (rev. 5/2001) at least fifteen calendar days prior to the effective date of the termination
and include the reason for the termination and the right to a state hearing pursuant
to section 5101.35 of the Revised Code and division 5101:6 of the Administrative
Code.
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: 5153.163, 5101.35
Rule Amplifies: 5101.35, 5153.163
Prior Effective Dates: 10/02/1980, 07/01/1990, 05/01/2003, 07/01/2004,
05/01/2009, 05/29/2014