Please note: This rule is being reviewed for a reduced period of a 21 day pre-clearance on Chapter 49 Adoption Assistance rules, starting on Tuesday, October 2, 2018 and ending at the close of business on Monday October 22, 2018. Chapter 49 is being reviewed due to five-year rule review.
(A) The adoptive parent(s) of a child with special needs may apply for Title IV-E adoption assistance (AA) after the adoption is finalized if the JFS 01451 "Title IV-E Adoption Assistance Application" (rev. 1/2014) was not completed prior to the finalization of adoption, and the JFS 01453 "Adoption Assistance Agreement (rev. 1/2014) was not executed prior to the finalization of adoption because of one of the following:
(1) The public children services agency (PCSA) or private child placing agency (PCPA) knew relevant facts regarding the child and did not present the facts to the adoptive parent(s) prior to the finalization of adoption.
(2) The PCSA or PCPA failed to advise the adoptive parent(s) of the availability of AA.
(a) The PCSA or PCPA may meet the requirement to inform the adoptive parent(s) of AA by informing potential adoptive parents of the availability of AA during a recruitment campaign (e.g. website, newspaper, flyer, etc.).
(b) Advising an adoptive parent(s) is not required if the adoptive parent(s) is not known to the PCSA or PCPA for a child with special needs who is not in the custody of the PCSA or PCPA.
(B) The child shall meet all of the remaining eligibility requirements for AA that are in effect on the date the PCSA receives the JFS 01451 except for the timeliness standard which requires that a JFS 01451 be completed and a JFS 01453 be signed prior to a finalization of adoption.
(C) The following procedures shall be followed for AA eligibility to be considered after an adoption has been finalized:
(1) The adoptive parent(s) shall submit a JFS 01451 to one of the following:
(a) The PCSA that held permanent custody of the child prior to the adoption.
(b) The PCSA in the county where the adoptive parent(s) resides, if one of the following applies:
(i) A private child placing agency (PCPA) had permanent custody of the child by court order or through the execution of a JFS 01666 "Permanent Surrender of Child" (rev. 10/2013) prior to the adoption.
(ii) The social security administration determined the child eligible for the supplemental security income benefits prior to the finalization of the adoption and no PCSA held permanent custody of the child.
(2) At the time the JFS 01451 is submitted, the adoptive parent(s) shall provide the PCSA with a copy of the following:
(a) The JFS 01616 "Social and Medical History" (rev. 6/2009)
(b) The JFS 01673A "Child Characteristics Checklist for Foster Care and or Adoption" (rev. 12/2006).
(c) The JFS 01673 "Assessment for Child Placement (Homestudy)" (rev. 6/2011), or the JFS 01692 "Application for Adoption of a Foster Child" (rev. 6/2009) completed prior to the adoption of the child.
(D) If the PCSA determines that the child is eligible for adoption assistance post-finalization, without a state hearing, the agency shall process the application for adoption assistance, otherwise the PCSA shall deny the JFS 01451 based on the application not being submitted prior to finalization and provide the adoptive parent(s) with the following:.
(1) The JFS 04059 "Explanation of State Hearing Procedures" (rev. 10/2008).
(2) The JFS 07334 "Notice of Denial of your Application for Assistance" (rev. 9/2011).
(E) Upon receipt of the PCSA's denial of the JFS 01451, the adoptive parent(s) may request a state hearing.
(F) If a state hearing decision determines that one or more of the circumstances set forth in paragraph (A) of this rule were present, the PCSA shall determine eligibility for AA after finalization and negotiate a JFS 01453 with the adoptive parent(s).
(G) If all of the conditions set forth in paragraphs (C) and (D) of this rule are met, the effective date for current and future AA payments shall be the date on which the JFS 01453 is signed by the PCSA and the adoptive parent(s).
R.C. 119.032 review dates: 03/14/2014 and 07/01/2019
Promulgated Under: 119.03
Statutory Authority: 5101.141
Rule Amplifies: 5101.11
Prior Effective Dates: 9/1/92, 5/1/98, 7/1/00, 2/15/02, 5/1/03, 1/1/07, 4/1/10, 12/15/11