Ohio's Families and Children Rule Review Site

5101:2-49-10 Ongoing verification for adoption assistance.

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) responsible for the Title IV-E adoption assistance (AA) agreement shall provide the adoptive parent(s) with the JFS 01451B "Title IV-E Adoption Assistance annual assurance of legal responsibility, school attendance and eligibility for continued Medicaid coverage " (rev. 1/2014) annually or whenever there is a significant change in the family situation.

(B) For a child who has attained the minimum age for compulsory school attendance the PCSA shall assure that the child's AA case record contains documentation of one of the following:

(1) A child is enrolled full-time, or in the process of enrolling in an institution providing elementary or secondary education.

(2) A child is instructed in elementary or secondary education at home full-time in accordance with the home school law of the state where the home is located.

(3) A child is in an independent study elementary or secondary education program full-time in accordance with the law of the state where the program is located, which is administered by the local school or school district.

(4) A child is incapable of attending school on a full-time basis due to the medical condition of the child, and the incapability is supported by regularly updated information in the AA case record of the child.

(C) Title IV-E agencies are not required to verify school attendance for a child age eighteen to twenty-one, unless the reason the child is continuing to receive AA past age eighteen is because pursuant to paragraph (B)(4) of rule 5101:2-49-04 of the Administrative Code.

(D) The adoptive parent(s) shall notify the PCSA within fifteen calendar days of the date of a change if:

(1) The child reaches the age of eighteen, or twenty-one if the child is mentally or physically disabled pursuant to rule 5101:2-49-04 of the Administrative Code.

(2) The child has married or enlisted in the military service .

(3) The child's primary health care insurance coverage changes from medicaid to private health care insurance. The adoptive parent(s) shall complete a JFS 06612 "Health Insurance Information Sheet" (rev. 5/2001) as a result of this change.

(4) The adoptive parent(s) is no longer supporting the child .

(5) The adoptive parent's parental rights have been terminated by a court of competent jurisdiction or permanently surrendered to a PCSA or private child placing agency (PCPA).

(6) The family moves or the child established his or her own residence.

(7) The child dies.

(E) The adoptive parent(s) must be supporting the child. An adoptive parent(s) is supporting the child if the adoptive parent(s) provides the child with shelter, food, clothing, child support, or any support regardless of the physical location of the child. A parent is generally responsible for the support of a child who is under the age of eighteen or a physically and/or mentally disabled child with special needs who is under twenty-one years old.

(F) A parent is not legally required to support the child if the child is emancipated. A child becomes emancipated if:

(1) The child enlists in the military services.

(2) The child marries.

(3) The child has been determined to be an emancipated minor by a court of competent jurisdiction or the state of residence.

(4) The child is self-supporting by paying for shelter, food, and clothing even though he or she may still reside with the adoptive parent(s).

(G) If the child no longer meets the requirements for AA, the PCSA shall terminate the AA agreement pursuant to rule 5101:2-49-13 of the Administrative Code.

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, 4/1/86 (Emer.), 7/1/86, 7/2/87, 9/1/88, 5/1/94, 5/1/98, 1/1/07, 4/1/10, 12/15/11