Ohio's Families and Children Rule Review Site

5101:2-49-12 Amendment of an adoption assistance agreement.

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) Prior to the expiration date of the JFS 01453 "Adoption Assistance Agreement" (rev. 1/2014), the adoptive parent(s) and the public children services agency (PCSA) may by mutual agreement amend the JFS 01453. The amended agreement shall meet all other requirements of rule 5101:2-49-06 of the Administrative Code.

(B) Any request for an amendment to the AA agreement must contain newly documented special needs or circumstances of the adoptive parent(s) that were not previously subject to the current agreement.

(C) At any time while the JFS 01453 is in effect, the adoptive parent(s) and the PCSA may agree to amend the payment amount or provision for services. If an amendment is requested:

(1) The JFS 01453 shall be entered into by mutual agreement between the adoptive parent(s) and the PCSA. The monthly AA payments should combine with the adoptive parent(s) resources, circumstances of the adoptive parent(s) and shall provide for the special and anticipated needs of the child projected over an extended period of time .

(2) The PCSA and adoptive parent(s) shall sign the amended agreement.

(3) The agreement shall meet all requirements of rule 5101:2-49-10 of the Administrative Code.

(4) The PCSA shall give a copy of the amended agreement to the adoptive parent(s) and retain a copy in the child's case record.

(D) If the PCSA and the adoptive parent(s) cannot agree on a mutually acceptable monthly AA payment amount , the PCSA and the adoptive parent(s) may complete a JFS 01453 for a mutually acceptable level of AA payment while negotiations continue through the state mediation conference or the adoptive parent(s) requests a state hearing.

(E) The PCSA shall not automatically amend, suspend, terminate, or redirect the AA payment if the adopted child is placed under the responsibility and care of a PCSA. If the adopted child is placed in the care of a PCSA, one of the following shall apply:

(1) The PCSA shall amend the AA agreement with mutual consent by the adoptive parent(s).

(2) The PCSA shall make a referral to the Title IV-D (child support) agency as defined in rule 5101:12-1-01 of the Administrative Code for support in the cost and care of the child while the child is in foster care.

(F) If the adoptive parent(s) requests an amendment of the AA payment specified in an existing agreement and the PCSA denies the request, the PCSA shall provide the adoptive parent(s) with written notice of the denial and the right to a state hearing.

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, 9/1/92, 5/1/98, 1/1/07, 4/1/10, 12/15/11