(A)The public
children services agency (PCSA) shall enter into a JFS 01453 "Title IV-E Adoption Assistance Agreement" (rev. 1/20147/2019) without a Title IV-E adoption assistance
(AA)an AA payment if any of the following
apply:
(1)The adoptive
parent(s) and the PCSA, after considering the needs of the child and the
circumstances of the adoptive family, agree that the adoptive family does not
currently require an AA payment to incorporate the child into household.
(2)The child or
the child's biological family has a social or medical history that establishes
a substantial risk of acquiring conditions, as identified in rule 5101:2-49-03
of the Administrative Code.
(3)The child has reached the age of
eighteen and has not been determined to meet the eligibility requirements for
continuation of AA as set forth in paragraph (A) of rule 5101:2-49-04 of the
Administrative Code.
(B)An AA
agreement with no payment shall include the following provisions:
(1)The child is
eligible for AA, but there is no monthly payment in effect because of the
determination set forth in paragraph (A) of this rule.
(2)The adoptive
parent(s) may request amendment of the AA agreement to include AA payments if
the child develops a condition, and the condition is diagnosed by a qualified
professional, as identified in rule 5101:2-49-03 of the Administrative Code.
(3)Title XX
(social services block grant) and post adoption services shall be provided or
secured in addition to Title XIX (medicaid) coverage for a child that has an AA
agreement with no payment.
(4)All of the
remaining conditions of the JFS 01453 as set forth in rule 5101:2-49-10 of the
Administrative Code apply including reimbursement of nonrecurring adoption
expenses, categorical eligibility for Title XIX medical assistance and Title XX
social services and the right of appeal through a state hearing.
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, 01/01/2007,
04/01/2010, 12/15/2011, 07/01/2014