In accordance with Substitute House Bill
166 of the 133rd General Assembly (7/2019), the kinship caregiver program (KCP)
assists kinship caregivers with providing and maintaining a home for a child in
place of a child's parents by providing reasonable and necessary relief of
child caring functions through family stabilization and caregiving services.
(A)Who administers and designs KCP?
KCP shall be incorporated into a county
agency's prevention, retention and contingency (PRC) plan and designed by the
county agency and the public children services agency (PCSA) to be consistent
with the provisions of Section 307.100 of Amended Substitute House Bill 166 of
the 133rd General Assembly, Chapter 5108. of the Revised Code, and this rule.
(B)What temporary assistance for needy
families (TANF) purpose does KCP meet?
KCP shall be designed to reasonably
achieve the purpose of helping needy families so that children may be cared for
in their own homes or in the homes of relatives. Therefore, an application and
determination of TANF eligibility is required for every assistance group.
The benefits and/or services provided in
KCP may not be "assistance" as defined in 45 C.F.R. 260.31(a)
(10/1999); and are limited to benefits and/or services that are excluded from
the definition of assistance pursuant to 45 C.F.R. 260.31(b) (10/1999).
(C)Who is a kinship caregiver?
"Kinship caregiver" means any
of the following who is eighteen years of age or older and is caring for a
child in place of the child's parents:
(1)The following individuals related by
blood or adoption to the child:
(a)Grandparents, including grandparents
with the prefix "great," "great-great," or
"great-great-great";
(b)Siblings;
(c)Aunts, uncles, nephews, and nieces,
including such relatives with the prefix "great,"
"great-great," "grand," or "great-grand";
(d)First cousins and first cousins once
removed.
(2)Stepparents and stepsiblings of the
child;
(3)Spouses and former spouses of
individuals named in paragraph (C) (1) or (2) of this rule;
(4)A legal guardian of the child;
(5)A legal custodian of the child.
(D)What are the TANF eligibility
requirements for KCP?
(1)For the stabilization service, the
assistance group shall include only a minor child residing with a kinship
caregiver.
(2)For the caregiving service, the
assistance group shall include at least a minor child residing with a kinship
caregiver and the kinship caregiver.
(3)Each member of the assistance group
shall:
(a)Have or have applied for a social
security number;
(b)Be a United States citizen or
non-citizen national or qualified alien as those terms are defined in rule
5101:1-2-30 of the Administrative Code;
(c)Not owe any of the cost of fraudulent
TANF assistance paid to the individual; and
(d)Have been afforded the opportunity to
register to vote (when applicable).
(4)The assistance group shall have gross
income of less than two hundred per cent of the federal poverty level. Income
received during the past thirty days shall be used as an indicator of the
income that is and will be available to the assistance group. However, the
county agency shall not use past income as an indicator of income anticipated
for the certification period if changes in income have occurred or can be
anticipated. If income fluctuates to the extent that a thirty day period alone
cannot provide an accurate indication of anticipated income, the county agency
and the assistance group may use a longer period of past time if it will
provide an accurate indication of anticipated fluctuations in future income.
(5)A redetermination of TANF eligibility
for KCP shall be required no less than every twelve months from determination
of initial eligibility.
(E)What are the required elements of the
stabilization service?
Stabilization services shall be designed
to transition the child into and maintain the child in the home of the kinship
caregiver. Examples of stabilization benefits include, but are not limited to
child care services not to exceed four months; or incidentals incurred when
taking on the responsibility of caring for a child unexpectedly (i.e. purchases
for basic needs such as but not limited to cribs/beds etc.).
(F)What are the required elements of the
caregiving service?
(1)The benefits or services shall be
limited to reimbursement to the kinship caregiver for, or direct payment to, a
third-party individual or entity to administer to the needs of a minor child.
The caregiving service may be provided at a licensed or unlicensed provider or
may take place in the home of the kinship caregiver. The care may include care
designed to provide temporary relief of child caring functions.
(2)The minor child for who caregiving
services are being provided shall be:
(a)Under age thirteen at the time of
application and may remain eligible until they turn thirteen; or
(b)Be under age eighteen at the time of
application if the child meets the definition of special needs pursuant to rule
5101:2-16-01 of the Administrative Code, and may remain eligible until they
turn eighteen.
(3)The kinship caregiver or other member
of the assistance group shall be participating in one of the following approved
activities:
(a)Paid employment on a full-time or
part-time basis.
(b)A training or education activity that
prepares the caretaker for paid employment.
(c)Participating in one or more work
activities as a condition of eligibility for either Ohio works first (OWF) or
the supplemental nutrition assistance program (SNAP).
(4)The assistance group shall inform the
county agency within ten days if no member of the assistance group is
participating in an approved activity or if the child is no longer residing
with the kinship caregiver.
(G)How must adverse action be taken
against an applicant or recipient of KCP?
In accordance with rules 5101:6-2-02 and
5101:6-2-04 of the Administrative Code, a county agency shall provide an
assistance group written notice of a denial or its intent to withhold, reduce,
suspend, or terminate KCP services.
Effective: 12/1/2019
Five Year Review (FYR) Dates: 12/01/2024
Certification: CERTIFIED ELECTRONICALLY
Date: 11/12/2019
Promulgated Under: 119.03
Statutory Authority: Section 307.100 of Amended Substitute House
Bill 166 of the 133rd General Assembly, 5101.801
Rule Amplifies: Section 307.100 of Amended Substitute House Bill
166 of the 133rd General Assembly, 5101.80, 5101.801, 5108.01, 5108.02