(A)The following
definitions are applicable to this rule and supersede any definition contained
in rule 5101:2-1-01 of the Administrative Code.
(1)"Nonrecurring
State KGAP expenses" are reasonable and necessary legal
custody/guardianship fees, court costs, attorney fees, and in accordance with
paragraph (A)(2) of this rule, other expenses directly related to the court
issuing an order granting legal custody/guardianship of a child. These expenses
cannot be incurred in violation of state or federal law and cannot be
reimbursed from other sources or funds.
(2)"Nonrecurring
other expenses directly related to the legal custody/guardianship of a
child" as specified in paragraph (A)(1) of this rule refers to the costs
of the court issuing an order granting legal custody/guardianship incurred by
or on behalf of the kinship caregiver(s) and for which the kinship caregiver(s)
carries the ultimate liability for payment. These are the total cost of
nonrecurring expenses associated with obtaining legal custody/guardianship
of the child.
(B)The Ohio
department of job and family services (ODJFS) is to notify anyone inquiring
about legal custody/guardianship services through the agency of the
availability of funds for the reimbursement of nonrecurring KGAP expenses and
the application process.
(C)ODJFS is to
enter into an agreement with the kinship caregiver(s) of a child for the
payment of nonrecurring state KGAP expenses for which the kinship caregiver(s)
has not otherwise been reimbursed, not to exceed two thousand dollars for each
child.
(D)ODJFS is to
inform a kinship caregiver(s) who inquires about legal custody/guardianship
services through the agency that the JFS 00134 "Application for
Reimbursement of Nonrecurring State Kinship Guardianship Assistance Program
(KGAP) Expenses" is to be submitted to ODJFS and approved prior to the
court issuing an order granting legal custody/guardianship. The JFS 00134
cannot be considered for approval retroactively.
(E)The kinship
caregiver(s) and ODJFS are to sign the JFS 00135 "Agreement for Payment or
Reimbursement for Nonrecurring Expenses Incurred in a Kinship Guardianship
Placement," prior to the court issuing an order granting legal
custody/guardianship or disruption prior to the court issuing an order granting
legal custody/guardianship, if applicable. The JFS 00135 cannot be entered into
after the court has issued an order granting legal custody/guardianship.
(F)ODJFS is not to
consider the race, color, religion, sex, age, disability, or national origin of
a kinship caregiver(s) or of the child, when entering into a JFS 00135.
(G) If siblings are
placed with the state KGAP eligible child, either separately or together, each
child is to be treated as an individual. A separate JFS 00134 and JFS 00135 is
to be executed for each child.
(H)ODJFS is not
to apply an income eligibility requirement (means test) to the kinship
caregiver(s) in determining whether payment or reimbursement for nonrecurring
state KGAP expenses are to be made.
(I)The kinship
caregiver(s) is to submit to ODJFS a request for payment or reimbursement and
proof of the expenditures for nonrecurring expenses incurred during the legal
custody/guardianship process within two years one year of the court issuing an order granting legal
custody/guardianship or disruption prior to the court issuing an order granting
legal custody/guardianship, if applicable.
(J)For each JFS 00135 executed, ODJFS is to maintain documentation in the child's case record
to verify compliance with this rule.
(K)The state
hearing policies and procedures contained in Chapters 5101:6-1 to 5101:6-9 of
the Administrative Code apply to individuals applying for benefits under this
rule.
Effective: 1/22/2024
Five Year Review (FYR) Dates: 1/1/2028
Certification: CERTIFIED ELECTRONICALLY
Date: 01/08/2024
Promulgated Under: 119.03
Statutory Authority: 5153.163, 5101.1417
Rule Amplifies: 5153.163, 5153.16, 5101.1416
Prior Effective Dates: 01/01/2023