Ohio Admin. Code 5101:2-46-08 - Suspension of Title IV-E kinship guardianship assistance program (KGAP) payment
(A)
Ohio department
of job and family services (ODJFS) may suspend the KGAP payment when the
following occur:
(1)
If ODJFS cannot establish contact with the kinship
caregiver(s) to determine if the kinship caregiver(s) is still legally
responsible for the support of the child; and
(2)
If ODJFS can
document efforts to contact the kinship caregiver(s) to determine what support
is provided to the child. Efforts include various methods to make contact with
the kinship caregiver(s) such as telephone calls, mailings, texts, and emails;
or
(3)
A Title IV-E agency has assumed legal responsibility
for the care and placement/custody of the child.
(B)
When ODJFS
proposes to suspend KGAP payment, ODJFS is to provide the kinship caregiver(s)
with the following:
(1)
A written notice that ODJFS intends to suspend KGAP
payments.
(2)
The reason(s) for the intended suspension of KGAP
payments.
(3)
The begin date of the intended suspension of KGAP
payments.
(4)
The kinship caregiver(s) right to a state hearing and
the JFS 04059 "Explanation of State Hearing Procedures."
(C)
The
state hearing is to be requested within fifteen days from the date of the
notice in accordance with provisions set forth in Chapters 5101:6-1 to 5101:6-9
of the Administrative Code
(1)
If a state hearing is requested timely, within fifteen
days, the KGAP payment is to continue until a state hearing decision is
issued.
(2)
If no state hearing is requested timely, within fifteen
days, the KGAP payments are to be suspended.
(3)
When the KGAP
payment is suspended, the kinship caregiver(s) has ninety days to make contact
and provide documentation of support.
(D)
If a state
hearing is requested and the state hearing decision is favorable to the kinship
caregiver(s), KGAP payments are to continue in accordance with the terms of the
KGAP agreement or an amended agreement may be entered into by mutual
agreement.
(E)
If a state hearing is requested and the state hearing
decision is favorable to ODJFS, ODJFS can terminate the KGAP agreement in
accordance with the procedures as outlined in rule
5101:2-46-09 of the
Administrative Code.
(F)
If the kinship caregiver(s) contacts ODJFS while the
KGAP payment is suspended and can provide documentation that meets the ongoing
verification requirement to show continued support of the child, KGAP payments
may be reinstated retroactive back to the date of the suspension, unless ODJFS
has terminated the KGAP payment pursuant to rule
5101:2-46-09 of the
Administrative Code.
(G)
If the kinship caregiver(s) has not contacted ODJFS and
provided documentation that meets the ongoing verification requirement within
ninety days of the written notice to suspend KGAP payment, ODJFS can terminate
the KGAP agreement in accordance with the procedures as outlined in rule
5101:2-46-09 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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