(A)The maximum
amount of the monthly adoption assistance connections
(AAC) to age twenty-one (AAC) payment
shall not exceed the cost of the monthly foster care maintenance (FCM) payment
that was paid or would have been paid if the adopted young adult had remained
in a foster home.
(B)The monthly
payment identified in paragraph (A) of this rule shall not exceed the monthly
statewide maximum adoption assistance (AA) payment amount established by the
Ohio department of job and family services (ODJFS) through the "Family,
Children and Adult Services Manual Procedure Letter."
(C)If the adopted
young adult receives supplemental social security income (SSI) benefits, the
adopted young adult may receive AAC and SSI concurrently. If there is
concurrent receipt of payments from both programs, the social security
administration will decrease the monthly SSI benefit by the monthly AAC payment
amount. It is the responsibility of the adopted adoptive parent(s) to advise the social security
administration that the adopted young adult is in receipt of AAC.
(D)If ODJFS and
the adoptive parent(s) cannot mutually agree on the monthly AAC payment amount
after negotiating for at least thirty days, the adoptive parent(s) may request
a state mediation conference using the JFS 01470 "Adoption Assistance
State Mediation Conference Request." The JFS 01470 shall be sent to the ODJFS
state hearings department in the manner described on the form.
(1)The state
mediation conference shall be held within thirty business days from the receipt
of the request.
(2)The state
mediator, ODJFS representative and adoptive parent(s) shall participate in the
state mediation conference.
(3)If the state
mediation conference is successful and results in a mutually acceptable monthly
AAC payment amount, it is considered a final decision between both parties.
(4)If the state
mediation conference is not successful. the ODJFS
shall provide the adoptive parent(s) with the following:
(a)A written
notice which shall contain a clear and understandable statement that all
parties were not in agreement and the right to a state hearing.
(b)The JFS 04059
"Explanation of State Hearing Procedures."
Effective: 1/10/2023
Five Year Review (FYR) Dates: 9/20/2022 and 01/10/2028
Certification: CERTIFIED ELECTRONICALLY
Date: 12/02/2022
Promulgated Under: 119.03
Statutory Authority: 5101.1414
Rule Amplifies: 5101.1411, 5101.1412, 5101.1413, 5101.1414
Prior Effective Dates: 01/10/2018, 02/01/2020