(A)For purposes of this program, in
accordance with section 5101.1411 of the Revised Code, a kinship guardianship
young adult is defined as a person that:
(1)Was in the temporary, permanent, or
planned permanent living arrangement custody of an Ohio public children
services agency (PCSA) prior to being committed to the legal custody or
guardianship of a kinship caregiver as defined in rule 5101:2-1-01 of the
Administrative Code, at the age of sixteen or seventeen;
(2)Attained the age of sixteen or seventeen
before the Title IV-E kinship guardianship assistance agreement became
effective; and
(3)Meets one of the eligibility
requirements pursuant to paragraph (A)(3) of rule 5101:2-55-02 of the
Administrative Code.
(B)ODJFS is responsible for ensuring the
proper administration of funds both allocated and reimbursed.
(1)In accordance with 473(a)(1)(B)(ii) and
473(a)(3) of the Social Security Act, ODJFS is not to add any language to the
JFS 00139 "Title IV-E Kinship Guardianship Assistance Program Connections
to Twenty-One (KGAP C21) Agreement" that makes the agreement subject to
the availability of state funds.
(2)ODJFS is responsible for the full
non-federal share of KGAP C21 funds.
(C)ODJFS is to be responsible for:
(1)Determining initial and semi-annual
eligibility, approval, denial, and termination for KGAP C21 pursuant to rule
5101:2-55-02 of the Administrative Code.
(2)Maintaining a separate KGAP C21 case
record for each program eligible kinship guardianship young adult for whom
ODJFS has entered into a JFS 00139.
(3)Service planning to include:
(a)KGAP C21 case management including
initial and ongoing eligibility determination of all applications and
redeterminations, approval and termination of subsidy payments, and referral
for medicaid coverage provided by the Ohio department of medicaid, as
applicable.
(b)Referral for kinship guardianship
supportive services.
(D)ODJFS is to provide the kinship
caregiver(s) of a kinship guardianship young adult with a JFS 00137 "Title
IV-E Kinship Guardianship Assistance Program Connections to Twenty-One (KGAP
C21) Application" and the JFS 04059 "Explanation of State Hearing
Procedures."
(E)The kinship caregiver(s) is to submit
the JFS 00137 and verification of eligibility to ODJFS.
(F)ODJFS is to enter into a JFS 00139 with
the kinship caregiver(s) of an eligible kinship guardianship young adult.
(G)For a kinship guardianship young adult
with a JFS 00139 in effect who moves out-of-state or resides out-of-state,
ODJFS is to follow the interstate compact on adoption and medical assistance
(ICAMA) rule 5101:2-44-05.2 of the Administrative Code. ODJFS may ask the
children services agency (CSA) in the other state to document the present
situation of the kinship caregiver(s) and to assist the kinship caregiver(s) in
completing all mandatory forms.
(H)The JFS 00139 remains in effect even
though the kinship caregiver(s) and the kinship guardianship young adult move
to another county, state, or country. The responsibility for management of the
KGAP C21 case remains with ODJFS as the agency that entered into the JFS 00139
prior to the move.
(I)In accordance with section 473(d)(3)(C)
of the Social Security Act a successor guardian may be named. The successor
guardian cannot be the parent of the kinship guardianship young adult. A new
JFS 00139 with a successor guardian will be entered into if all of the
following are met:
(1)The kinship caregiver(s) dies or becomes
incapacitated.
(2)There is a successor guardian(s) named
in the JFS00133 "Title IV-E Kinship Guardianship Asistance Program (KGAP)
Agreement."
(3)The successor guardian(s) obtains legal
guardianship through probate court.
(4)The successor guardian(s) completes a
JFS 00137.
(5)The successor guardian(s) and all adults
residing in the home complete and pass criminal background checks in accordance
with rules 5101:2-46-05 and 5101:2-5-09.1 of the Administrative Code. The
kinship guardianship young adult is excluded from this requirement.
(6)The kinship guardianship young adult
continues to meet one of the eligibility requirements pursuant to paragraph
(A)(3) of rule 5101:2-55-02 of the Administrative Code.
(7)The successor guardian provides
documented proof of continued kinship caregiver support as required by
paragraph (B)(2) of rule 5101:2-55-02 of the Administrative Code.
(J)If the kinship caregiver(s) and the
kinship guardianship young adult for whom an Ohio-executed JFS 00139 is in
effect reside in or move to another state, the kinship guardianship young adult
will be provided Title XIX (medicaid) and Title XX (social service block grant)
services by the state in which the kinship guardianship young adult resides. If
any of the Title XX services specified in the JFS 00139 are not available in
the state where the kinship guardianship young adult resides, ODJFS is to be
responsible for securing those services.
(1)The kinship guardianship young adult
will be provided with Title XX services, as specified in the JFS 00139 by the
county where the kinship guardianship young adult resides.
(2)Nothing is to prevent the kinship
caregiver(s) of a kinship guardianship young adult for whom a JFS 0139 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 JFS 00139. The kinship caregiver(s) may:
(a)Apply for the Title XX services in the
county where the kinship caregiver(s) resides.
(b)Seek to amend the kinship guardianship
young adults JFS 00139.
(K)The case record is to include the
following information, when applicable:
(1)ODJFS's actions in determining
eligibility for KGAP C21.
(2)A copy of signed JFS 00137 "Title
IV-E Kinship Guardianship Assistance Program Connections to Twenty-One (KGAP
C21) Application" form(s).
(3)A copy of signed JFS 00139 "Title
IV-E Kinship Guardianship Assistance Program Connections to Twenty-One (KGAP
C21) Agreement" form(s).
(4)A copy of kinship caregiver
responsibility eligibility documentation.
(5)A copy of the ODM 6612 "Health
Insurance Information Sheet."
(6)A copy of state hearing, administrative
appeal, and judicial review filings.
(7)A copy of the interstate compact and
adoption medical assistance forms.
(8)Documentation verifying completion of
all mandatory kinship caregiver criminal record checks obtained by the PCSA
prior to initiation of kinship guardianship custodian payments pursuant to rule
5101:2-5-09.1 of the Administrative Code.
(9)A copy of kinship guardianship young
adult eligibility documentation of education, employment, programs to remove
barriers to employment, or verification of disability.
(10)A copy of the JFS 00133 "Title IV-E
Kinship Guardianship Assistance Program (KGAP) Agreement" in effect with
the PCSA at the time of kinship guardianship placement of the kinship
guardianship young adult.
(11)A copy of JFS 00142 "Title IV-E
Kinship Guardianship Assistance Program Connections to Twenty-One (KGAP C21)
Kinship Caregiver Semi-Annual Assurance of Kinship Caregiver Responsibility and
Eligibility for Continued Medicaid Coverage" form(s).
(12)A copy of JFS 00141 "Title IV-E
Kinship Guardianship Assistance Program Connections to Twenty-One (KGAP C21)
Young Adult Semi-Annual Assurance of Kinship Caregiver Responsibility and
Eligibility for Continued Medicaid Coverage" form(s).
(13)A copy of JFS 07334 "Notice of Denial
of Your Application for Assistance" form(s).
(14)A copy of JFS 00138 "Title IV-E
Kinship Guardianship Assistance Program Connections to Twenty-One (KGAP C21)
Notice of Eligibility Approval" form(s).
(15)A copy of JFS 00140 "Title IV-E
Kinship Guardianship Assistance Program Connections to Twenty-One (KGAP C21)
Notice of Redetermination" form(s).
(16)A copy of JFS 00144 "Title IV-E
Kinship Guardianship Assistance Program Connections to Twenty-One (KGAP C21)
Notice of Continued Approval" form(s).
(17)A copy of JFS 00143 "Title IV-E
Kinship Guardianship Assistance Program Connections to Twenty-One (KGAP C21)
Notice of Termination" form(s).
(L)The KGAP C21 case record is to be
retained in the Ohio statewide automated child welfare information system
(SACWIS).
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: 5101.1417
Rule Amplifies: 5101.141, 5101.1411, 5101.1416, 5101.1417