Ohio Administrative Code

19.03 PDF: (A) This rule does not apply when the Ohio department of children and youth (DCY) determines that state funds are not available to maintain the state adoption maintenance subsidy (SAMS) program at the current maximum monthly funding level. At the beginning of each stat…

19.03 PDF: (A) For state adoption special services subsidy approvals in effect before July 1, 2004, the public children services agency (PCSA) may continue to provide the state adoption special services subsidy based upon the adoptive child's continued need for developmental, med…

19.03 PDF: (A) The PCSA is to 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 decre…

19.03 PDF: (A) The public children services agency (PCSA) is to terminate the state adoption maintenance subsidy (SAMS) if any of the following circumstances occur:(1) The adoptive child's death.(2) The adoptive parent(s) are no longer financially supporting the child. An adoptiv…

19.03 PDF: (A) The public children services agency (PCSA) is to establish a state adoption maintenance subsidy record for each child's application for a state adoption maintenance subsidy (SAMS).(B) The state adoption maintenance subsidy record is to contain all information appli…

19.03 PDF: (A) The Ohio department of job and family services (ODJFS) is responsible for the administration and determination of eligibility for the post adoption special services subsidy (PASSS) program. The department may contract with another person to carry out any of the dut…

19.03 PDF: (A) Post adoption special services subsidy (PASSS) is a state-funded program designed to assist eligible adoptive families, after adoption finalization, to receive services consistent with paragraphs (G) to (P) of this rule.(B) PASSS funding is based on a state fiscal …

19.03 PDF: (A) The primary objectives of the Title IV-E candidate for FFPS program are:(1) To help keep children at imminent risk of removal safely with their families and avoid the traumatic experience of entering foster care.(2) To emphasize the importance of children growing u…

19.03 PDF: (A) The Title IV-E agency may provide FFPS to eligible candidates and the child's parent(s) or kinship caregiver(s). FFPS for a child who is able to remain safely in the home of a parent(s) or kinship caregiver(s), with at least one identified approved, evidence-based …

19.03 PDF: (A) FFPS are to be at least one of the following reimbursable types of services, provided by a culturally competent qualified provider(s) who provides diverse and equitable services, that have been rated and approved by the Title IV-E prevention services clearinghouse …

19.03 PDF: (A) In order for the child to be considered a Title IV-E candidate for foster care, the Title IV-E agency's involvement with the child and family is to be for the specific purpose of either removing the child from the home or satisfying the reasonable efforts judicial …

19.03 PDF: (A) The primary objectives of the KGAP program are to:(1) Facilitate another permanency planning option for children who it has been determined that reunification and adoption are not appropriate options for the child; and(2) Assist kinship caregiver(s) who have a stro…

19.03 PDF: (A) For the purposes of Chapter 5101:2-46 of the Administrative Code, "kinship caregiver" has the same meaning as in rule 5101:2-1-01 of the Administrative Code and including any individual who meets one of the following:(1) An individual who had an existing relationsh…

19.03 PDF: (A) The monthly amount of the KGAP payment is determined by negotiation and mutual agreement between the kinship caregiver(s) and Ohio department of job and family services (ODJFS).(B) KGAP payments are to be negotiated as follows:(1) The amount of the monthly KGAP pay…

19.03 PDF: (A) The kinship caregiver(s), the public children services agency (PCSA) director or designee and Ohio department of job and family services (ODJFS) are to negotiate and enter into a written, binding KGAP agreement with the prospective kinship caregiver(s) of a child w…

19.03 PDF: (A) KGAP monthly payments are to begin when there is a mutually agreed upon KGAP agreement and all eligibility criteria outlined in rule 5101:2-46-02 of the Administrative Code have been met.(B) Ohio department of job and family services (ODJFS) is to enter the KGAP pa…

19.03 PDF: (A) Ohio department of job and family services (ODJFS) is to provide the kinship caregiver(s) with the JFS 00136 "Title IV-E Kinship Guardianship Assistance Program (KGAP) annual assurance of legal responsibility, school attendance and eligibility for continued Medicai…

19.03 PDF: (A) Prior to the expiration date of the JFS 00133 "Title IV-E Kinship Guardianship Assistance Program (KGAP) Agreement," the kinship caregiver(s), the public children services agency (PCSA) director or designee and Ohio department of job and family services (ODJFS) by …

19.03 PDF: (A) Ohio department of job and family services (ODJFS) may suspend the KGAP payment when the following occur:(1) If ODJFS cannot establish contact with the kinship caregiver(s) to determine if the kinship caregiver(s) is still legally responsible for the support of the…

19.03 PDF: (A) Ohio department of job and family services (ODJFS) is to terminate the JFS 00133 "Title IV-E Kinship Guardianship Assistance Program (KGAP) Agreement" in any of the following circumstances:(1) At the end of the month of the child's eighteenth birthday.(2) The kinsh…

19.03 PDF: (A) Ohio department of job and family services (ODJFS) is to maintain a KGAP case record that is available upon request.(B) The case record is to contain documentation which supports the public children services agency (PCSA) actions in determining eligibility for KGAP…

19.03 PDF: (A) A child eligible for KGAP, is eligible for Title XIX medicaid coverage beginning with the effective date of the JFS 00133 "Title IV-E Kinship Guardianship Assistance Program (KGAP) Agreement."(B) Ohio department of job and family services (ODJFS) is to inform the k…

19.03 PDF: (A) The following definitions are applicable to this rule and supersede any definition contained in rule 5101:2-1-01 of the Administrative Code.(1) "Nonrecurring KGAP expenses" are reasonable and necessary legal custody/guardianship fees, court costs, attorney fees, an…

19.03 PDF: (A) KGAP intercounty and interstate case management changes will be handled by Ohio department of job and family services (ODJFS).(B) The JFS 00133 "Title IV-E Kinship Guardianship Assistance Program (KGAP) Agreement" remains in effect even though the kinship caregiver…

19.03 PDF: (A) KGAP is available for an eligible child whose kinship caregiver(s) entered into an initial KGAP agreement prior to the child's eighteenth birthday through the end of the month of the child's eighteenth birthday.(B) KGAP is available for a child with a physical/ment…

19.03 PDF: (A) The primary objectives of the FCM program are:(1) To reduce the number of children removed and placed in substitute care.(2) To improve the quality of care provided to children placed in substitute care.(3) To return children from substitute care to their own homes…

19.03 PDF: (A) Foster care maintenance (FCM) reimbursements and independent living services as defined in Chapter 5101:2-42 of the Administrative Code may be paid on behalf of a child who meets the definition of a qualified non-citizen in rule 5101:2-1-01 of the Administrative Co…

19.03 PDF: (A) The Title IV-E agency that holds legal responsibility as defined in rule 5101:2-47-13 of the Administrative Code for the care and placement/custody of the child retains responsibility for the management of the foster care maintenance (FCM) case regardless of where …

19.03 PDF: (A) Children placed outside Ohio(1) Within twenty business days after a Title IV-E FCM eligible and reimbursable child's placement out of state, the Ohio Title IV-E agency must take the following actions to transfer Title XIX medicaid coverage to the Title XIX medicaid…

19.03 PDF: (A) The Title IV-E agency shall be afforded the same opportunity for a state hearing as any other applicant/recipient of public assistance.(B) The affected Title IV-E agency shall receive notice and copies of all materials related to state hearings as do other applican…

19.03 PDF: (A) The Title IV-E agency as defined in rule 5101:2-1-01 of the Administrative Code is to:(1) Send an application, for all children, to the Title IV-D agency for child support utilizing the statewide automated child welfare system (SACWIS) within sixty days of legal re…

19.03 PDF: (A) Each Title IV-E agency shall make available upon request documentation which supports the Title IV-E agency's actions in the entire process of determining a child's eligibility for FCM.(B) Each child's FCM eligibility documentation must include, but is not limited …

19.03 PDF: (A) A Title IV-E agency, private child placing agency (PCPA), private non-custodial agency (PNA), and other state of Ohio licensed non-custodial agencies are to submit a JFS 02911 "Title IV-E Single Cost Report" as described in rule 5101:2-47-26.1 of the Administrative…

19.03 PDF: (A) In order to be reimbursed for Title IV-E FCM costs when a child is placed in a CRC, group home, maternity home, residential parenting facility, or with a parent in a SUD residential facility as defined in rule 5101:2-1-01 of the Administrative Code a JFS 02911 "Tit…

19.03 PDF: (A) The FCM initial program eligibility shall be determined in the statewide automated child welfare information system (SACWIS) by the Title IV-E agency representative within sixty days of the time the agency receives legal responsibility for the care and placement/cu…

19.03 PDF: (A) "Legal responsibility" means that for the care of the child under the FCM program, the Title IV-E agency has legal responsibility for the care and placement/custody of the child. This can be established through a court order, a JFS 01645 "Agreement for Temporary Cu…

19.03 PDF: (A) In order to meet FCM initial program eligibility, the child must have a relatedness to the aid to dependent children (ADC) program authorized under Title IV-A of the Social Security Act as of July 16, 1996. Each ADC eligibility criteria must be met in the month of,…

19.03 PDF: (A) The Personal Responsibility and Work Opportunity Reconciliation Act of 1996, P.L. 104-193 and the Balanced Budget Act of 1997, P.L. 105-33 amended Title IV-E eligibility requirements for the foster care maintenance (FCM) program.(B) The term "public agency" shall m…

19.03 PDF: (A) Foster care maintenance (FCM) reimbursements for children placed in licensed or certified placement settings as defined in rule 5101:2-47-16 of the Administrative Code must be authorized in the statewide automated child welfare information system (SACWIS). The reim…

19.03 PDF: (A) FCM reimbursements may be claimed if the FCM eligible child is placed in one of the following placement settings which is licensed, certified or approved, as appropriate, by the Ohio department of job and family services (ODJFS) or another state agency with such li…

19.03 PDF: (A) Uniform statewide standards for FCM minimum and maximum reimbursement amounts for public foster homes, relative homes licensed as foster homes and pre-finalized adoptive homes that continue to receive FCM reimbursements have been established by the Ohio department …

19.03 PDF: (A) A child with special, exceptional, or intensive needs, as defined in this rule, receiving FCM reimbursements may be eligible for a supplemental difficulty of care reimbursement. This reimbursement is available for a child who has been determined by the Title IV-E a…

19.03 PDF: (A) Minimum and maximum FCM reimbursement ceiling rates for foster homes, including emergency placements and for supplemental special, exceptional and intensive needs per diems are located in a "Family, Children and Adult Services Procedure Letter" found at http://eman…

19.03 PDF: (A) For purposes of this rule, a minor parent in substitute care who is program reimbursable for FCM will be referred to as the "parent," and the child(ren) of this parent will be referred to as the "child."(B) A Title IV-E agency need not assume custody of the child o…

19.03 PDF: (A) FCM reimbursement begins the actual date of the child's placement in a QRTP, if the child meets all program eligibility and reimbursement criteria in the same month. If the eligibility requirements are not met in the same month, FCM reimbursement may go back to the…

19.03 PDF: (A) The Title IV-E agency must obtain a judicial determination by a juvenile court of competent jurisdiction documenting one of the following:(1) Reasonable efforts were made prior to the removal of the child to prevent the placement.(a) The child was known to be at ri…

19.03 PDF: (A) The beginning date of reimbursability for FCM shall be no earlier than the date of the foster care placement. Reimbursement may begin the actual date of the child's placement, if the child meets all program eligibility and reimbursement criteria. Reimbursability ma…