Ohio Admin. Code 5101:2-46-03 - Initial determination of the Title IV-E kinship guardianship assistance program (KGAP) monthly payment amount
(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 payment for a child is not to exceed the current cost of the
monthly foster care maintenance (FCM) payment that was paid or would have been
paid if the child had been placed in a foster home.
(2)
The KGAP payment
for a child is to be eighty per cent of the child's current foster care per
diem unless this would result in a KGAP payment of less than three hundred
fifty dollars.
(3)
For any child for whom the requirement in paragraph
(B)(1) of this rule would result in a KGAP payment of less than three hundred
fifty dollars, the KGAP payment is to be three hundred fifty dollars or the
child's current foster care per diem amount, whichever is
lower.
(4)
ODJFS and the kinship caregiver can mutually agree to
negotiate a lower payment of three hundred fifty dollars.
(C)
ODJFS
is not to consider the religion, sex, age, race, color, disability, or national
origin of a kinship caregiver(s) or of the child when negotiating the KGAP
agreement.
(D)
No income eligibility test is to be used when
determining the monthly KGAP payment.
(E)
The child's
supplemental security income (SSI) benefits are to be considered in the
determination of the KGAP payment amount.
(F)
The kinship
caregiver(s) is to notify the social security administration (SSA) of the KGAP
monthly payment amount if the child receives SSI benefits. The child may
receive KGAP and SSI concurrently if the child receives SSI. If there is
concurrent receipt of payments from both programs, the SSA will decrease the
monthly SSI benefit by the monthly KGAP payment amount.
(G)
ODJFS is to
notify the kinship caregiver(s) of their rights to a state hearing in
accordance with provisions set forth in Chapters 5101:6-1 to 5101:6-9 of the
Administrative Code.
(H)
ODJFS is to document the following in the Ohio
statewide automated child welfare information system (SACWIS):
(1)
Initial agreed
upon monthly KGAP payment amount.
(2)
State hearing and
administrative appeal.
(I)
ODJFS is to
document in the child's KGAP case file when changes occur to the circumstances
of the child and/or family; those changes are to be addressed or reviewed
pursuant to rule
5101:2-46-07 of the
Administrative Code.
Notes
Promulgated Under: 119.03
Statutory Authority: 5153.163, 5101.1417
Rule Amplifies: 5153.163, 5153.16
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