Ohio's Families and Children Rule Review Site

5101:2-49-01 Administration of the adoption assistance program.

This rule is no longer open for comment. However, here you can view an archived, read-only version of the rule and any associated comments.

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 public children services agency (PCSA) shall be responsible for the administration of the Title IV-E adoption assistance (AA) program. Administrative expenditures can be claimed for reimbursement only if Title IV-E AA is a direct responsibility of the PCSA. The PCSA shall be responsible for:

(1) Ensuring the proper administration of funds, allocated or reimbursed.

(2) Determining initial and continuing eligibility for AA program services.

(3) Maintaining a separate AA case record for each program eligible child for whom a PCSA has entered into an AA agreement.

(4) Service planning and increasing the opportunities for adoption of children with special needs who are free for adoption.

(a) Encouraging and increasing the opportunities for adoption of children with special needs who are free for adoption.

(b) Ensuring that all possibilities for an adoptive home without the assistance of AA are explored.

(c) AA case management.

(d) Pre-finalization and the provision or referral for post-finalization adoption services.

(B) Prior to finalization of the adoption, the public children services agency (PCSA) shall provide and assist the adoptive parent(s) of a child placed by that PCSA with a JFS 01451 "Adoption Assistance Application" (rev. 1/2014) and the JFS 04059 "Explanation of State Hearing Procedures" (rev.10/2008) .

(C) The adoptive parent(s) may apply for Title IV-E adoption assistance (AA) only after both of the following have occurred.

(1) The homestudy has been approved in accordance with rules 5101:2-48-11, 5101:2-48-11.1, 5101:2-48-12, and 5101:2-48- 12.1 of the Administrative Code.

(2) A child has been matched with an adoptive parent(s) in accordance with rule 5101:2-48-16 of the Administrative Code by an agency with such authority. If the child is placed for adoption in Ohio from another state, the Ohio agency shall use the other state's documentation to meet the matching requirements.

(D) A stepparent may apply for AA only if a biological parent(s) is not present in the home due to death or divorce or has failed to visit or maintain contact with the child for more than ninety calendar days pursuant to section 2151.011 of the Revised Code.

(E) Prior to the finalization of adoption, the adoptive parent(s) shall submit the AA application to one of the following, as appropriate:

(1) The PCSA holding permanent custody of the child.

(2) The PCSA located in the county in which the adoptive parent(s) resides when one of the following applies:

(a) The child meets the eligibility requirements for Title XVI supplemental security income (SSI) benefits and the child is not in the custody of a PCSA.

(b) The child is placed by a private child placing agency (PCPA) having permanent custody of the child.

(c) The child is placed for adoption in Ohio from another state and that state's public children services agency does not have responsibility for placement and care of the child.

(3) For a child who is placed for adoption from Ohio into another state and the child is not in the permanent custody of an Ohio PCSA, the adoptive parent(s) shall apply at the Title IV-E agency in the state the adoptive parent(s) resides. The Title IV-E agency in the adoptive parent's state of residence shall be responsible for determining the child's eligibility for AA, if the child is eligible, entering into the AA agreement, and issuing the AA payment.

(F) If an Ohio PCPA holds permanent custody of a child as a result of a JFS 01666 "Permanent Surrender of Child" (rev. 10/2013), the following requirements shall be met:

(1) Prior to finalization of the adoption, the PCPA shall ensure that the adoptive parent(s) receives information about AA and an AA application.

(2) At the time of application by the adoptive parent(s), the PCPA shall provide the PCSA with the following:

(a) A copy of the JFS 01616 "Social and Medical History" (rev. 6/2009) completed on the child for whom the subsidy is being requested.

(b) A copy of one of the following homestudies:

(i) JFS 01673 "Assessment for Child Placement (homestudy)" (rev. 6/2011).

(ii) A copy of the JFS 01692 "Application for Adoption of a Foster Child" (rev. 6/2009).

(iii) The out of state approved homestudy forms for an adoptive parent(s) residing out of state.

(G) The PCSA shall complete the adoption assistance eligibility determination in the statewide automated child welfare information system (SACWIS) and approve or deny the application within thirty working days after a completed application and all required documentation are provided to the PCSA.

(H) The PCSA may obtain written verification and information to assist in determining AA eligibility from a variety of sources including:

(1) The county department of job and family services (CDJFS) client registration information system-enhanced (CRIS-E).

(2) The social security administration.

(3) The agency that has held permanent custody of the child and placed the child for adoption.

(4) The court records.

(5) The adoptive parent(s).

(I) The PCSA shall request verification from the adoptive parent(s) and have the adoptive parent(s) complete the JFS 06612 "Health Insurance Information Sheet" (rev. 5/2001) at anytime the adoptive parent(s) acquires health care insurance coverage for the child.

(J) In accordance with federal requirements, the PCSA may not add any language to the AA agreement that makes the agreement subject to the availability of funds.

Effective: 07/01/2014
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: 1/1/83, 1/1/85 (Emer.), 4/1/85, 5/22/85 (Emer.), 8/12/85, 4/1/86 (Emer.), 7/1/86, 7/2/87, 9/1/88, 9/1/92, 5/1/98, 7/1/00, 2/24/02, 1/1/07, 4/1/10, 12/15/11