Ohio Admin. Code 5101:2-51-02

Current through all regulations passed and filed through November 4, 2024

Section 5101:2-51-02 - Eligibility for adoption assistance connections to age twenty-one (AAC)

(A) To be eligible for adoption assistance connections to age twenty-one (AAC), an adopted young adult is to meet the following requirements:

(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 JFS 01453 "Adoption Assistance (AA) Agreement" became effective;

(4) Meets one of the following requirements:

(a) Is completing secondary education or a program leading to an equivalent credential;

(b) Is enrolled in an institution that provides post-secondary or vocational education;

(c) Is participating in a program or activity designed to promote or remove barriers to employment;

(d) Is employed for at least eighty hours per month; or

(e) Is incapable of doing any of the activities described in paragraphs (A)(4)(a) to (A)(4)(d) of this rule due to a diagnosed physical or mental health condition, which incapacity is supported by updated information semiannually.

(5) Has reached the age of eighteen but is not yet twenty-one years of age;

(6) Is continuing to receive parental support including but not limited to providing the young adult with shelter, food, or clothing. Residing in the same physical location is not required;

(7) Is not enlisted in the military. Enlisted in the military is defined as the date of report for active duty;

(8) Is not married; and

(9) Is not in receipt of adoption assistance past age eighteen pursuant to rule 5101:2-49-04 of the Administrative Code.

(B) The adoptive parent(s) may apply for AAC by submitting all of the following to the Ohio department of job and family services (ODJFS):

(1) A completed JFS 00147 "Title IV-E Adoption Assistance Connections to Age Twenty-One (AAC) Application;"

(2) Documentation the adopted young adult meets one of the eligibility requirements outlined in paragraph (A)(4) of this rule;

(3) Documentation the adoptive parent(s) maintains parental responsibility for the adopted young adult; and.

(4) A copy of the signed JFS 001453 "Title IV-E Adoption Assistance (AA) Agreement" with the PCSA.

(C) ODJFS, within thirty calendar days after a completed JFS 00147 and all necessary documentation is received, shall determine eligibility in the Ohio statewide automated child welfare information system (SACWIS) and approve or deny the JFS 00147.

(D) ODJFS is to obtain documentation verifying completion of all adoptive parent criminal record checks obtained by the PCSA prior to adoption finalization pursuant to rule 5101:2-48-10 of the Administrative Code.

(E) If ODJFS determines an adopted young adult is eligible for AAC, ODJFS is to provide the adoptive parent(s) with the following:

(1) Adoption assistance connections to age twenty-one (AAC) notice of eligibility approval ; and

(2) The JFS 04059 "Explanation of State Hearing Procedures."

(F) Upon determination of eligibility, ODJFS will send the JFS 00148 "Title IV-E Adoption Assistance Connections to Age Twenty-One (AAC) Agreement" to the adoptive parent(s) for signature. The AAC agreement is effective on the date it is signed by both the adoptive parent(s) and ODJFS, unless a later date is indicated for the subsidy to begin as designated on the AAC agreement form "Article IX Effective Date," which will then become the effective date of the AAC agreement.

(G) The AAC agreement is binding on all parties. The terms of the AAC agreement may be amended at any time if both parties agree to the change.

(H) The AAC agreement shall remain in effect regardless of the state where the adoptive parent(s) or the adopted young adult resides unless the AAC agreement is terminated.

(I) ODJFS shall give a copy of the signed AAC agreement and all amendments to the adoptive parent(s) and keep the originals in the AAC case record.

(J) ODJFS, as the agency that entered into the AAC agreement, shall secure Title XIX medicaid and Title XX social services block grant services if the services are not available in the state or county where the adopted young adult resides in accordance with rule 5101:2-51-01 of the Administrative Code.

(K) Nothing shall prohibit the adoptive family from seeking Title XX services available in the county of residence even if they are not specified in the AAC agreement. The adoptive parent(s) may:

(1) Apply for the Title XX services in the county where they reside; and

(2) Request to amend the AAC agreement.

(L) If ODJFS determines an adopted young adult does not meet eligibility requirements outlined in paragraphs (A) and (B) of this rule, ODJFS shall provide the adoptive parent(s) with the following:

(1) The JFS 07334 "Notice of Denial of your Application for Assistance"; and

(2) The JFS 04059.

(M) Semiannual redetermination is to be completed every one hundred eighty calendar days to maintain program eligibility for AAC. The semiannual redetermination date is determined by the initial AAC effective date.

(N) No later than thirty calendar days prior to the semiannual redetermination due date, ODJFS is to provide the adoptive parent(s) with the following:

(1) Adoption assistance connections to age twenty-one (AAC) notice of redetermination;

(2) The 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" form; and

(3) The 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" form.

(O) Completed JFS 00149 and JFS 00150 forms, documentation that the adopted young adult meets one of the eligibility requirements outlined in paragraph (A)(4) of this rule, and documentation of parental responsibility is to be received prior to the semiannual redetermination due date. Upon receipt of the required forms and documentation listed in this paragraph, ODJFS will check for continued eligibility as follows:

(1) If redetermined as eligible, ODJFS is to provide the adoptive parent(s) with the following:

(a) Adoption assistance connections to age twenty-one (AAC) notice of continued approval ; and

(b) The JFS 04059.

(2) If redetermined as ineligible, or if documentation is not received by the redetermination due date, ODJFS is to provide the adoptive parent(s) with written notice of the proposal to terminate AAC and the right to a state hearing. ODJFS is to provide the adoptive parent(s) with the following thirty calendar days prior to the termination date:

(a) Adoption assistance connections to age twenty-one (AAC) notice of termination ; and

(b) The JFS 4059.

(3) If sufficient documentation to support eligibility is received by ODJFS from the adoptive parent(s) and/or adopted young adult prior to the termination date, ODJFS may proceed with semiannual redetermination of continued eligibility for AAC.

(P) The adoptive parent(s) and the adopted young adult are to submit the JFS 00149 and JFS 00150 semiannually and whenever there is a significant change in the family situation for continued eligibility.

(Q) At any time a JFS 00148 is in effect, the JFS 00148 may be amended.

(1) The adoptive parent(s) and ODJFS may by mutual agreement amend the JFS 00148 to reflect changes for payment amount or provision of services. Upon agreement, the following is to occur:

(a) ODJFS and the adoptive parent(s) are to sign the amended AAC agreement;

(b) ODJFS is to provide a copy of the amended AAC agreement to the adoptive parent(s) and retain the original in the case record; and

(c) ODJFS is to provide the adoptive parent(s) with the JFS 04059.

(2) If the adoptive parent(s) and ODJFS cannot agree on the amendment requested by the adoptive parent(s) or ODJFS, the following is to occur:

(a) ODJFS and the adoptive parent(s) may complete a JFS 00148 for a mutually acceptable AAC agreement while negotiations continue through the state mediation process, or the adoptive parent(s) request a state hearing; or

(b) ODJFS is to provide the adoptive parent(s) with a JFS 07334, and a JFS 04059.

(R) The adoptive parent(s) is to notify ODJFS within fifteen calendar days of the date of any of the following:

(1) The adopted young adult's primary health care insurance coverage changes from medicaid to private health care insurance. The adoptive parent(s) is to complete an ODM 06612 "Health Insurance Information Sheet" as a result of this change.

(2) The family relocates.

(3) The adopted young adult enlists in the military.

(4) The adopted young adult has married.

(5) The adoptive parent(s) no longer has parental responsibility for the adopted young adult.

(6) The adopted young adult is no longer eligible pursuant to paragraph (A) of this rule.

(S) The AAC agreement will terminate when any of the following circumstances apply:

(1) At the end of the month of the adopted young adult's twenty-first birthday.

(2) If the adoptive parent(s) no longer has parental responsibility for the adopted young adult as defined in paragraph (A)(6) of this rule.

(3) If the adoptive parent(s) requests to terminate the AAC agreement.

(4) If the adoptive parent(s) dies.

(5) If the adopted young adult dies.

(6) If the adopted young adult marries.

(7) If the adopted young adult enlists in the military.

(T) ODJFS will propose to terminate the AAC agreement under any of the following circumstances:

(1) ODJFS denies eligibility for AAC at semiannual redetermination.

(2) ODJFS denies the amount of monthly payment requested by the adoptive parent(s).

(3) ODJFS and the adoptive parent(s) are unable to come to a mutual agreement following a state mediation conference.

(4) ODJFS proposes to terminate the payment specified on the current AAC agreement.

(5) ODJFS denies a request by the adoptive parent(s) to amend the payment amount or provision of service terms of the current AAC agreement.

(U) If ODJFS proposes to terminate the AAC agreement due to any of the circumstances listed in paragraph (S) or (T) of this rule, ODJFS is to provide the following to the adoptive parent(s) thirty calendar days prior to the termination date:

(1) The adoption assistance connections to age twenty-one (AAC) notice of termination ; and

(2) The JFS 04059.

(V) If ODJFS proposes to terminate the AAC agreement, and the adoptive parent(s) has requested a state hearing, the following shall apply:

(1) If a state hearing is requested within fifteen calendar days of the mail or electronic mailing date on the notice in accordance with provisions set forth in Chapters 5101:6-1 to 5101:6-9 of the Administrative Code, the AAC agreement shall continue to be in effect until a state hearing decision is issued.

(2) If a state hearing is requested within fifteen calendar days of the mail or electronic mailing date on the notice and the hearing decision is favorable to the adoptive parent(s), the AAC agreement shall remain in effect or an amended AAC agreement may be entered into by mutual agreement.

(3) If a state hearing is requested within fifteen calendar days of the mail or electronic mailing date on the notice and the hearing decision is to terminate the AAC agreement as specified in paragraph (O) of this rule, the adoptive parent(s) is not required to return the payments received prior to the issuance of the state hearing decision.

(4) If no timely hearing is requested, the AAC agreement shall be terminated. Following the termination, the adoptive parent(s) may reapply for the AAC at any time prior to the adopted young adult attaining the age of twenty-one.

(W) If the AAC agreement is terminated, ODJFS shall:

(1) Send the adoption assistance connections to age twenty-one (AAC) notice of termination to the adoptive parent(s); and

(2) Send the ODM 07236 "Your Rights & Responsibilities as a Consumer of Medicaid Health Coverage" to the adoptive parent(s).

Ohio Admin. Code 5101:2-51-02

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