(A)A) The public children services agency (PCSA) shall is to determine that a child is eligible for AA if, prior to the
finalization of the adoption, the PCSA finds all of the following:
(1)Pursuant to Pub. L. No. 115-123,
(2/9/2018) the child will be two years of age or older in the current federal
fiscal year (FFY) of October first to September thirtieth at the time the AA
agreement becomes effective.
(2)(1) The adoptive parent(s) has an approved
homestudy in accordance with rules in Chapter 5101:2-48 of the Administrative
Code. If the adoptive parent(s) resides in another state, then the adoptive
homestudy shall is to
be valid in the adoptive state of residence.
(3)(2) The child has been matched with an adoptive
parent(s) in accordance with rule 5101:2-48-16 of the Administrative Code. If
the child is placed for adoption in Ohio from another state, the Ohio agency shall is to use the other
state's documentation to meet the matching requirements except as specified in
paragraph (C) of this rule.
(4)(3) The child meets the requirements of a child
with special needs as described in rule 5101:2-49-03 of the Administrative
Code.
(5)(4) The child meets the age requirement as
described in rule 5101:2-49-04 of the Administrative Code.
(6)(5) The child shall is be a citizen or
legal resident of the United States, and will be
adopted in the United States.
(7)(6) The agency placing the child made a
reasonable but unsuccessful effort to place the child with an appropriate
adoptive parent(s) without adoption assistance, as supported by facts specified
in the child's case record as described in paragraph (A)(3) of rule
5101:2-49-03 of the Administrative Code.
(B)The child, age two or older shall is to also meet one
of the four adoption assistance eligibility requirements:
(1)The child, at
the time of the initiation of adoption proceedings, was in the care of a PCSA,
PCPA or tribe pursuant to:
(a)A judicial
determination to the effect that it was contrary to the child's welfare to
remain in the home at any time prior to the finalization
of adoption; or
(b)A JFS 01645
"Agreement for Temporary Custody of Child"
(rev. 4/2006) or JFS 01666 "Permanent Surrender of Child "(rev. 10/2013). For any child that enters care through
a JFS 01645 or JFS 01666 there does not have to be a foster care maintenance
(FCM) payment made under the voluntary agreement.
(2)The child
meets all medical and disability requirements for supplemental security income
(SSI). For the purposes of determining whether an applicable child is eligible
for AA through the SSI criteria, the Title IV-E agency may make the
determination that the child meets the medical or disability requirements for
SSI benefits.
(3)The child is a
child of a minor parent. The child was residing with the minor parent and the
minor parent was removed from a specified relative with one of the following:
(a)A judicial
determination that it was contrary to the welfare for the minor parent to
remain with the specified relative; or
(b)A JFS 01645 or
JFS 01666. No FCM payment is required needed to cover both the minor parent and the child of
the minor parent.
(4)The child was
in receipt of AA in a prior finalized adoption, currently meets the definition
of special needs as set forth in rule 5101:2-49-03 of the Administrative Code,
and finalizes the new AA agreement by the end of the month of the child's
eighteenth birthday pursuant to rule 5101:2-49-04 of the Administrative Code.
(C)A child in an
independent adoption is eligible for AA, only if the child meets the
requirements of a child with special needs as described in rule 5101:2-49-03 of
the Administrative Code, and the child is eligible for SSI, or is a child in a
subsequent adoption if the child received AA in a prior finalized adoption.
(D)For all
children that are deemed eligible for AA, the Title IV-E agency is responsible
for ensuring that background checks be conducted prior to adoption finalization
and/or the issuance of a monthly AA payment. The background checks shall are to reveal that
the prospective adoptive parent(s) has not been convicted of any of the
prohibited offenses in accordance with rules 5101:2-48-10 and 5101:2-48-11 of
the Administrative Code.
(E)The PCSA shall is to use the Ohio statewide automated child welfare information
system (SACWIS) to determine adoption assistance eligibility.
(F)A child from
an international adoption, that is not currently in the custody of a PCSA or
PCPA or tribe, is not eligible for AA.
Effective: 7/1/2024
Five Year Review (FYR) Dates: 2/6/2024 and 07/01/2029
Certification: CERTIFIED ELECTRONICALLY
Date: 04/19/2024
Promulgated Under: 119.03
Statutory Authority: 5101.141, 5101.11
Rule Amplifies: 5101.11, 5101.141
Prior Effective Dates: 01/01/1983, 04/01/1986 (Emer.),
07/01/1986, 07/02/1987, 09/01/1988, 05/01/1994, 05/01/1998, 03/18/1999 (Emer.),
06/17/1999, 07/01/2000, 11/01/2000, 03/03/2002, 01/01/2007, 04/01/2010, 12/15/2011,
07/01/2014, 11/17/2018, 04/17/2019