Ohio's Families and Children Rule Review Site

5101:2-44-10 Suspension of a state adoption maintenance subsidy.

Posted: June 18th, 2018

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 the 5 year review; changes made to the rules will include deleting incorrect form numbers, inserting correct form numbers and updating the forms for clarification.

(A) The PCSA shall suspend the state adoption maintenance subsidy (SAMS) if any of the following circumstances occur:

(1) Twelve months have elapsed from the initial issuance of the SAMS payments and no adoption finalization has occurred, unless the final adoption decree is delayed by proceedings or action under the jurisdiction of the court.

(2) The adoptive parent's annual gross income exceeds one hundred and twenty per cent of the median income of a family of the same size, including the adoptive child, pursuant to rule 5101:2-44-06 of the Administrative Code.

(3) The adoptive parent(s) fails to comply with a redetermination of eligibility pursuant to rule 5101:2-44-08 of the Administrative Code.

(4) The adoptive child enters military service.

(5) The adoptive parent(s) requests suspension.

(B) The PCSA shall send notification of the suspension at least thirty days prior to the effective date of the suspension and include the reason for the suspension and a description of the procedures for a state hearing pursuant to section 5101.35 of the Revised Code and division 5101:6 of the Administrative Code.

(C) The PCSA shall make a redetermination of a suspended SAMS pursuant to rule 5101:2-44-08 of the Administrative Code upon the request of the adoptive parent to activate a suspended state adoption subsidy within thirty days of the request. Annual redetermination of a suspended SAMS is not required.

Effective: 05/29/2014
R.C. 119.032 review dates: 03/12/2014 and 05/01/2019
Promulgated Under: 119.03
Statutory Authority: 5101.35, 5153.163
Rule Amplifies: 5101.35, 5153.16 , 5153.163
Prior Effective Dates: 10/2/80, 7/1/910, 5/1/03, 7/1/04, 5/1/09