Current through all regulations passed and filed through November 4, 2024
Section 5101:2-51-01 - Administration of adoption assistance connections to age twenty-one (AAC)(A) For the purposes of this program, in accordance with section 5101.1414 of the Revised Code, an adopted young adult is defined as a person that: (1) Was adopted at age sixteen or seventeen;(2) Was in the permanent custody of an Ohio public children services agency (PCSA);(3) Attained the age of sixteen before the Title IV-E adoption assistance agreement became effective; and(4) Meets one of the eligibility requirements pursuant to paragraph (A)(4) of rule 5101:2-51-02 of the Administrative Code.(B) The Ohio department of job and family services (ODJFS) is responsible for ensuring the proper administration of funds both allocated or reimbursed. (1) In accordance with sections 473(a)(1)(B)(ii) and 473(a)(3) of the Social Security Act, ODJFS may not add any language to the AAC agreement that makes the AAC agreement subject to the availability of state funds.(2) ODJFS is responsible for the full non-federal share.(C) ODJFS shall be responsible for:(1) Determining initial and continuing eligibility for the AAC program pursuant to rule 5101:2-51-02 of the Administrative Code.(2) Maintaining a separate AAC case record for each program eligible adopted young adult for whom ODJFS has entered into an AAC agreement.(3) Service planning to include: (a) AAC case management including initial and ongoing eligibility determination of all AAC applications and redeterminations, approval and termination of subsidy payments, and referral for medicaid coverage provided by the Ohio department of medicaid, as applicable.(b) Referral for post-finalization adoption services.(D) ODJFS shall provide the adoptive parent(s) of an adopted young adult with a JFS 00147 "Title IV-E Adoption Assistance Connections to Age Twenty-One (AAC) Application" and the JFS 04059 "Explanation of State Hearing Procedures."(E) The adoptive parent(s) shall submit the JFS 00147 and verification of eligibility to ODJFS.(F) ODJFS is to enter into a JFS 00148 "Title IV-E Adoption Assistance Connections to Age Twenty-One (AAC) Agreement" with the adoptive parent(s) of an eligible adopted young adult. The JFS 00148 will be referred to as the AAC agreement.(G) For an adopted young adult with an AAC agreement in effect who moves out-of-state or resides out-of-state, ODJFS shall follow the interstate compact on adoption and medical assistance (ICAMA) rule 5101:2-44-05.2 of the Administrative Code. ODJFS may ask the children services agency (CSA) in the other state to document the present situation of the adoptive parent(s) and to assist the adoptive parent(s) in completing all required forms.(H) The AAC agreement remains in effect even though the adoptive parent(s) and the adopted young adult move to another county, state, or country. The responsibility for management of the adoption assistance connections (AAC) case remains with ODJFS as the agency that entered into the AAC agreement prior to the move.(I) If the adoptive parent(s) and the adopted young adult for whom an Ohio-executed AAC agreement is in effect reside in or move to another state, the adopted young adult will be provided Title XIX (medicaid) and Title XX (social service block grant) services by the state in which the adopted young adult resides. If any of the Title XX services specified in the AAC agreement are not available in the state where the adopted young adult resides, ODJFS shall be responsible for securing those services. (1) The adopted young adult will be provided with Title XX services, as specified in the AAC agreement by the county where the adopted young adult resides.(2) Nothing shall prohibit the adoptive parent(s) of an adopted young adult for whom an AAC agreement is in effect from seeking Title XX services available in the Title XX social service plan in the county of residence, even if the services are not already specified in the AAC agreement. The adoptive parent(s) may: (a) Apply for the Title XX services in the county where the adoptive parent(s) resides; and(b) Seek to amend the young adult's AAC agreement.(J) The case record shall include the following information, when applicable:(1) ODJFS's actions in determining eligibility for AAC.(2) A copy of signed JFS 00147 forms.(3) A copy of signed JFS 00148 forms.(4) A copy of parental responsibility eligibility documentation.(5) A copy of ODM 6612 "Health Insurance Information Sheet" forms.(6) A copy of state mediation conference, state hearing, administrative appeal and judicial review filings.(7) A copy of JFS 01470 "Adoption Assistance State Mediation Conference Request" forms.(8) A copy of interstate compact and adoption medical assistance forms.(9) Documentation verifying completion of all required adoptive parent criminal record checks obtained by the PCSA prior to adoption finalization.(10) A copy of adopted young adult eligibility documentation of education, employment, programs to remove barriers to employment, or verification of disability. (11) A copy of the JFS 01453 "Title IV-E Adoption Assistance (AA) Agreement" in effect with the PCSA at the time of adoptive placement of the adopted young adult.(12) A copy of JFS 00149 "Title IV-E Adoption Assistance Connections to Age Twenty-One (AAC) Semi-Annual Assurance of Parental Responsibility and Eligibility for Continued Medicaid Coverage" forms.(13) A copy of JFS 00150 "Title IV-E Adoption Assistance Connections to Age Twenty-One (AAC) Adopted Young Adult Semi-Annual Assurance of Parental Responsibility and Eligibility for Continued Medicaid Coverage" forms.(14) A copy of JFS 07334 "Notice of Denial of Your Application for Assistance" forms.(15) A copy of adoption assistance connections to age twenty-one (AAC) notice of eligibility approval form(s).(16) A copy of adoption assistance connections to age twenty-one (AAC) notice of redetermination form(s).(17) A copy of adoption assistance connections to age twenty-one (AAC) notice of continued approval form(s).(18) A copy of adoption assistance connections to age twenty-one (AAC) notice of termination form(s).(K) Pursuant to sections 5101.13 and 5101.131 of the Revised Code, the AAC case record is confidential and is to be retained in the Ohio statewide automated child welfare information system (SACWIS). Case record information that cannot be recorded in SACWIS is to be retained in electronic file format..Ohio Admin. Code 5101:2-51-01
Effective: 1/10/2023
Five Year Review (FYR) Dates: 9/20/2022 and 01/10/2028
Promulgated Under: 119.03
Statutory Authority: 5101.1414
Rule Amplifies: 5101.1411, 5101.1412, 5101.1413, 5101.1414
Prior Effective Dates: 01/10/2018, 02/01/2020