Ohio Admin. Code 5101:2-46-04 - Title IV-E kinship guardianship assistance program (KGAP) agreement and duration: provision for financial support and services
(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 who meets the requirements. All parties will review,
sign and date the JFS 00133 "Title IV-E Kinship Guardianship Assistance Program
(KGAP) Agreement" prior to the court issuing an order granting legal
custody/guardianship. The PCSA responsible for determining eligibility for KGAP
is also responsible for signing the JFS 00133.
(B)
The agreement is
to specify, at a minimum:
(1)
The amount of, and manner in which, each kinship
guardianship assistance payment will be provided under the agreement, and the
manner in which the payment may be adjusted periodically, in consultation with
the relative guardian, based on the circumstances of the kinship caregiver(s)
and the needs of the child.
(2)
The additional
services and assistance that the child and kinship caregiver(s) will be
eligible for under the agreement.
(3)
The procedure by
which the kinship caregiver(s) may apply for additional services as
needed.
(4)
That the state/tribal agency will pay the total cost of
nonrecurring expenses associated with obtaining legal guardianship of the
child, to the extent the total cost does not exceed two thousand
dollars.
(5)
That the agreement is to remain in effect without
regard to the state/tribal service area residency of the kinship
caregiver(s).
(C)
The agreement is to list the payments to be provided
and the terms under which such benefits will continue to be available. The KGAP
agreement is binding, but the payments may be amended at any time in response
to a request made either by the kinship caregiver(s) or ODJFS if the kinship
caregiver(s) and ODJFS agree to the change.
(D)
The KGAP
agreement is to be effective on the date specified on the JFS
00133.
(E)
The PCSA is to ensure legal status change entry into
Ohio statewide automated child welfare information system (SACWIS) within ten
days from the receipt of the journalized court order granting the kinship
caregiver(s) legal custody or guardianship.
(F)
The KGAP payments
and services are not to begin prior to the court issuing an order granting
legal custody/guardianship to the specified kinship caregiver(s). Once the
kinship caregiver(s) has committed to care for the child and has assumed legal
custody/guardianship of the child, ODJFS may then pay kinship guardianship
assistance payments on behalf of a child to the kinship caregiver(s) provided
that the agreement meets, or is amended to meet, all the
requirements.
(G)
The KGAP agreement is to remain in effect regardless of
the county, state, or country where the kinship caregiver(s) resides unless the
agreement is terminated pursuant to rule
5101:2-46-09 of the
Administrative Code.
(H)
The terms of the KGAP agreement may be amended at any
time if both parties agree to the change in accordance with rule
5101:2-46-07 of the
Administrative Code.
(I)
In accordance with federal requirements, section
42 U.S.C.
673(d)(3)(C), effective
September 29, 2014, language may not be added to the KGAP agreement that makes
the agreement subject to the availability of funds.
(J)
The kinship
caregiver is to name a primary successor legal guardian in the agreement or in
any amendments to the agreement. The primary successor legal guardian cannot be
the parent(s) of the kinship guardianship child in accordance with section
42 U.S.C.
673(d)(3)(C). A new JFS
00133, with a successor guardian, will be entered into if all of the following
are met:
(1)
The kinship caregiver(s) dies or becomes
incapacitated.
(2)
The primary successor legal guardian(s) is named in the
current agreement.
(3)
The primary successor legal guardian(s) and all adult
household members complete and pass criminal background checks in accordance
with rules
5101:2-46-05 and 5101:2-5-20,
5101:2-5-24,
5101:2-5-30 and
5101:2-5-09.1 of the
Administrative Code.
(4)
The primary successor legal guardian(s) obtains legal
guardianship by a court of competent jurisdiction.
(K)
If the KGAP
payment is made to a primary successor legal guardian, ODJFS is to ensure all
of the following prior to payment:
(1)
Verification of the primary successor legal guardian
named in the kinship caregiver(s) JFS 00133 or in any amendments to the
agreement.
(2)
Termination date of the JFS 00133 with the previous
kinship caregiver(s) pursuant to rule
5101:2-46-09 of the
Administrative Code.
(3)
Completion of primary successor legal guardian
background checks in accordance with rules 5101:2-5-20, 5101:2-5-24,
5101:2-5-30 and
5101:2-5-09.1 of the
Administrative Code.
(4)
The PCSA in the county in which the successor resides
is to assist in completing the required background checks.
(5)
If residing in
another state, the PCSA that previously held custody of the child is to assist
in completing the required background checks.
(6)
Completed and
signed JFS 00133 between the primary successor legal guardian, as the kinship
caregiver(s), the PCSA director or designee and ODJFS.
(7)
Establish legal
custody/guardianship of the primary successor legal guardian pursuant to rule
5101:2-46-04 of the
Administrative Code as the kinship caregiver.
(L)
ODJFS will not
have a general policy limiting KGAP prior to the child's eighteenth
birthday.
(M)
ODJFS is to give a copy of the signed agreement and all
amendments to the kinship caregiver(s) and keep a copy in the KGAP case
record.
(N)
ODJFS is to 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 child resides in accordance with rule
5101:2-46-13 of the
Administrative Code.
(O)
Nothing is to prohibit the kinship caregiver(s) family
from seeking Title XX services available in the county of residence even if
they are not already specified in the KGAP agreement. The kinship caregiver(s)
may:
(1)
Apply
for the Title XX services in the county where they reside.
(2)
Seek to amend the
child's KGAP agreement.
(P)
The kinship
caregiver(s) is to inform ODJFS of circumstances that would make them
ineligible.
(Q)
The kinship caregiver(s) has the right to a state
hearing under any of the following circumstances:
(1)
The PCSA denies
eligibility for KGAP.
(2)
ODJFS denies the amount of payment requested by the
kinship caregiver(s) in the child's initial JFS 00131 "Title IV-E Kinship
Guardianship Assistance Program (KGAP) Application for Initial
Eligibility."
(3)
ODJFS proposes to reduce, suspend, or terminate the
amount of KGAP payment specified on the current KGAP agreement.
(4)
ODJFS denies a
request by the kinship caregiver(s) to amend the terms of the current KGAP
agreement.
(R)
ODJFS is to provide written notification to the kinship
caregiver(s) when any of the following occur:
(1)
A denial for a
request to increase the amount of the monthly KGAP payment.
(2)
A reduction,
suspension, or termination of the monthly KGAP payment.
(S)
ODJFS
is to inform the kinship caregiver(s) of all decisions to deny or approve KGAP
and provide a copy of the JFS 04059 "Explanation of State Hearing
Procedures."
Notes
Promulgated Under: 119.03
Statutory Authority: 5153.163, 5101.1417
Rule Amplifies: 5153.163, 5153.16
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