(A)The adoptive
parent(s) of a child with special needs may apply for Title
IV-E adoption assistance (AA) AA after the
adoption is finalized if the JFS 01451 "Title IV-E Adoption Assistance
Application" (rev. 1/201412/2015) was not completed prior to the finalization of
adoption, and the JFS 01453 "Title IV-E Adoption
Assistance Agreement (rev. 1/20147/2019) was not executed prior to the finalization of
adoption because of one of the following:
(1)The public
children services agency (PCSA) or private child placing agency (PCPA) knew
relevant facts regarding the child and did not present the facts to the
adoptive parent(s) prior to the finalization of adoption.
(2)The PCSA or
PCPA failed to advise the adoptive parent(s) of the availability of AA.
(a)The PCSA or
PCPA may meet the requirement to inform the adoptive parent(s) of AA by informing potential adoptive parents of the availability of
AA during a recruitment campaign (e.g. website, newspaper, flyer, etc.) pursuant to rules 5101:2-48-05, 5101:2-48-11.1 and
5101:2-48-15 of the Administrative Code.
(b)Advising an
adoptive parent(s) is not required if the adoptive parent(s) is not known to
the PCSA or PCPA for a child with special needs who is not in the custody of
the PCSA or PCPA.
(B)The child
shall meet all of the remaining eligibility requirements for AA that are in
effect on the date the PCSA receives the JFS 01451 except for the timeliness
standard which requires that a JFS 01451 be completed and a JFS 01453 be signed
prior to a finalization of adoption.
(C)The following
procedures shall be followed for AA eligibility to be considered after an
adoption has been finalized:
(1)The adoptive
parent(s) shall submit a JFS 01451 to one of the following:
(a)The PCSA that
held permanent custody of the child prior to the adoption.
(b)The PCSA in
the county where the adoptive parent(s) resides, if one of the following
applies:
(i)A private child placing agency (PCPA)PCPA had permanent custody of the child by court order
or through the execution of a JFS 01666 "Permanent Surrender of
Child" (rev. 10/2013) prior to the adoption.
(ii)The social security
administration determined the child eligible for the supplemental security
income benefits prior to the finalization of the adoption and no PCSA held
permanent custody of the child.
(iii)The child is a child of a minor parent.
The child was residing with the minor parent and a judicial determination that
it was contrary to the welfare/best interest for the minor parent to remain
with the specified relative.
(iv)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.
(v)The child is a sibling placed in the
same adoptive home as his or her sibling who meet the applicable child
eligibility criteria in rule 5101:2-49-02 of the Administrative Code.
(2)At the time
the JFS 01451 is submitted, the adoptive parent(s) shall provide the PCSA with
a copy of the following:
(a)The JFS 01616
"Social and Medical History" (rev. 6/2009)
(b)The JFS 01673A
"Child Characteristics Checklist for Foster Care and or Adoption"
(rev. 12/2006).
(c)The JFS 01673
"Assessment for Child Placement (Homestudy)" (rev. 6/201112/2014), or the
JFS 01692 "Application for Adoption of a Foster Child" (rev. 6/200912/2014) completed
prior to the adoption of the child.
(D)If the PCSA
determines that the child is eligible for adoption assistance
post-finalization, without a state hearing, the agency shall process the
application for adoption assistance, otherwise the PCSA shall deny the JFS 01451 based on the application not being submitted prior to finalization and
provide the adoptive parent(s) with the following:.
(1)The JFS 04059
"Explanation of State Hearing Procedures" (rev. 10/20081/2015).
(2)The JFS 07334
"Notice of Denial of your Application for Assistance" (rev. 9/2011).
(E)Upon receipt
of the PCSA's denial of the JFS 01451, the adoptive parent(s) may request a
state hearing.
(F)If a state
hearing decision determines that one or more of the circumstances set forth in
paragraph (A) of this rule were present, the PCSA shall determine eligibility
for AA after finalization and negotiate a JFS 01453 with the adoptive parent(s).
(G)If all of the
conditions set forth in paragraphs (C) and (D) of this rule are met, the
effective date for current and future AA payments shall be the date on which
the JFS 01453 is signed by the PCSA and the adoptive parent(s).
Effective:
Five Year Review (FYR) Dates: 3/5/2019
Certification
Date
Promulgated Under: 119.03
Statutory Authority: 5101.141
Rule Amplifies: 5101.11
Prior Effective Dates: 09/01/1992, 05/01/1998, 07/01/2000,
02/15/2002, 05/01/2003, 01/01/2007, 04/01/2010, 12/15/2011, 07/01/2014