Management and Administration
5101:2-46-13 Title IV-E kinship guardianship assistance program (KGAP) intercounty and interstate case management responsibility
Effective Date: January 1, 2023

(A)KGAP intercounty and interstate case management changes will be handled by Ohio department of job and family services (ODJFS).

(B)The JFS 00133 "Title IV-E Kinship Guardianship Assistance Program (KGAP) Agreement" remains in effect even though the kinship caregiver(s) and the child move to another county or state. The responsibility for management of the KGAP case remains with ODJFS.

(C)If the kinship caregiver(s) and the child for whom an Ohio executed JFS 00133 is in effect reside in or move to another state, the child is to be provided Title XIX (medicaid) and Title XX (social service block grant) services by the state in which the child resides. If any of the Title XX services specified in the KGAP agreement are not available in the state where the child resides or has moved, ODJFS will be responsible for securing those services.

(D)If the kinship caregiver(s) and the child for whom a JFS 00133 is in effect reside in or move to another Ohio county, the child is to be provided with Title XX services, as specified in the JFS 00133 by the county where the child resides. If any of the Title XX services specified in the KGAP agreement are not available in the Title XX plan in the county where the child resides or has moved. ODJFS will be responsible for securing those services from the public children services agency (PCSA) that held custody of the child.

(E)Nothing will keep the kinship caregiver(s) of a child for whom a KGAP agreement is in effect from seeking Title XX services available in the Title XX social service plan in the county of residence, even if the services are not already specified in the KGAP agreement. The kinship caregiver(s) may:

(1)Apply for the Title XX services in the county where the kinship caregiver(s) resides.

(2)Seek to amend the child's JFS 00133.

(F)ODJFS will assist the kinship caregiver(s) in completing the JFS 00136 "Title IV-E Kinship Guardianship Assistance Program (KGAP) Annual Assurance of Legal Responsibility, School Attendance and Eligibility for Continued Medicaid Coverage" and/or the JFS 00133.

(G)In the event that the kinship caregiver(s) and the child move out of state, ODJFS is to comply with any interstate compact on kinship and medical assistance (ICAMA) requirements pursuant to rule 5101:2-46-11 of the Administrative Code.

Effective: 1/1/2023

Five Year Review (FYR) Dates: 01/01/2028

Certification: CERTIFIED ELECTRONICALLY

Date: 10/11/2022

Promulgated Under: 119.03

Statutory Authority: 5153.163, 5101.1417

Rule Amplifies: 5153.163, 5153.16