Section 5101:2-49-02 - Title IV-E adoption assistance (AA) eligibility criteria(A) The public children services agency (PCSA) is to determine a child is eligible for AA if, prior to the finalization of the adoption, the PCSA finds all of the following: (1) The adoptive parent(s) has an approved homestudy in accordance with Chapter 5101:2-48 of the Administrative Code. If the adoptive parent(s) resides in another state, then the adoptive homestudy is to be valid in the adoptive state of residence.(2) The child has been matched with an adoptive parent(s) in accordance with rule 5101:2-48-16 of the Administrative Code. If the child is placed for adoption in Ohio from another state, the Ohio agency is to use the other state's documentation to meet the matching requirements except as specified in paragraph (C) of this rule.(3) The child meets the requirements of a child with special needs as described in rule 5101:2-49-03 of the Administrative Code.(4) The child meets the age requirement as described in rule 5101:2-49-04 of the Administrative Code.(5) The child is a citizen or legal resident of the United States and will be adopted in the United States.(6) The agency placing the child made a reasonable but unsuccessful effort to place the child with an appropriate adoptive parent(s) without adoption assistance, as supported by facts specified in the child's case record as described in paragraph (A)(3) of rule 5101:2-49-03 of the Administrative Code.(B) The child is to also meet one of the four adoption assistance eligibility requirements:(1) The child, at the time of the initiation of adoption proceedings, was in the care of a PCSA, PCPA or tribe pursuant to:(a) A judicial determination to the effect that it was contrary to the child's welfare to remain in the home ; or(b) A JFS 01645 "Agreement for Temporary Custody of Child" or JFS 01666 "Permanent Surrender of Child. " For any child that enters care through a JFS 01645 or JFS 01666 there does not have to be a foster care maintenance (FCM) payment made under the voluntary agreement.(2) The child meets all medical and disability requirements for supplemental security income (SSI). For the purposes of determining whether an applicable child is eligible for AA through the SSI criteria, the Title IV-E agency may make the determination that the child meets the medical or disability requirements for SSI benefits.(3) The child is a child of a minor parent. The child was residing with the minor parent and the minor parent was removed from a specified relative with one of the following: (a) A judicial determination that it was contrary to the welfare for the minor parent to remain with the specified relative; or(b) A JFS 01645 or JFS 01666. No FCM payment is needed to cover both the minor parent and the child of the minor parent.(4) The child was in receipt of AA in a prior finalized adoption, currently meets the definition of special needs as set forth in rule 5101:2-49-03 of the Administrative Code, and finalizes the new AA agreement by the end of the month of the child's eighteenth birthday pursuant to rule 5101:2-49-04 of the Administrative Code.(C) A child in an independent adoption is eligible for AA, only if the child meets the requirements of a child with special needs as described in rule 5101:2-49-03 of the Administrative Code, and the child is eligible for SSI, or is a child in a subsequent adoption if the child received AA in a prior finalized adoption.(D) For all children that are deemed eligible for AA, the Title IV-E agency is responsible for ensuring that background checks be conducted prior to adoption finalization and/or the issuance of a monthly AA payment. The background checks are to reveal that the prospective adoptive parent(s) has not been convicted of any of the prohibited offenses in accordance with rules 5101:2-48-10 and 5101:2-48-11 of the Administrative Code.(E) The PCSA is to use the Ohio statewide automated child welfare information system (SACWIS) to determine adoption assistance eligibility.(F) A child from an international adoption, that is not currently in the custody of a PCSA or PCPA or tribe, is not eligible for AA.Ohio Admin. Code 5101:2-49-02
Effective: 7/1/2024
Five Year Review (FYR) Dates: 2/6/2024 and 07/01/2029
Promulgated Under: 119.03
Statutory Authority: 5101.141, 5101.11
Rule Amplifies: 5101.11, 5101.141
Prior Effective Dates: 01/01/1983, 04/01/1986 (Emer.), 07/01/1986, 07/02/1987, 09/01/1988, 05/01/1994, 05/01/1998, 03/18/1999 (Emer.), 06/17/1999, 07/01/2000, 11/01/2000, 03/03/2002, 01/01/2007, 04/01/2010, 12/15/2011, 07/01/2014, 11/17/2018, 04/17/2019