Ohio Admin. Code 5101:2-46-12 - Reimbursement of Title IV-E nonrecurring kinship guardianship assistance program (KGAP) expenses
(A) The following definitions are applicable
to this rule and supersede any definition contained in rule
5101:2-1-01 of the
Administrative Code.
(1) "Nonrecurring KGAP
expenses" are reasonable and necessary legal custody/guardianship fees, court
costs, attorney fees, and in accordance with paragraph (A)(2) of this rule,
other expenses directly related to the court issuing an order granting legal
custody/guardianship of a child. These expenses cannot be incurred in violation
of state or federal law and cannot be reimbursed from other sources or
funds.
(2) "Nonrecurring other
expenses directly related to the legal custody/guardianship of a child" as
specified in paragraph (A)(1) of this rule refers to the costs of the court
issuing an order granting legal custody/guardianship incurred by or on behalf
of the kinship caregiver(s) and for which the kinship caregiver(s) carries the
ultimate liability for payment. These are the total cost of nonrecurring
expenses associated with obtaining legal custody
guardianship of the child.
(B) Ohio department of job and family
services (ODJFS) is to notify anyone inquiring about legal custody/guardianship
services through the agency of the availability of funds for the reimbursement
of nonrecurring KGAP expenses and the application process.
(C) ODJFS is to enter into an agreement with
the kinship caregiver(s) of a child for the payment of nonrecurring KGAP
expenses for which the kinship caregiver(s) has not otherwise been reimbursed,
not to exceed two thousand dollars for each child.
(D) ODJFS is to inform a kinship caregiver(s)
who inquires about legal custody/guardianship services through the agency that
the JFS 00134 "Application for Reimbursement of Nonrecurring Kinship
Guardianship Assistance Program (KGAP) Expenses" is to be submitted to ODJFS
and approved prior to the court issuing an order granting legal
custody/guardianship or disruption prior to the court issuing an order granting
legal custody/guardianship, if applicable. The JFS 00134 cannot be considered
for approval retroactively.
(E) The
kinship caregiver(s) and ODJFS are to sign the JFS 00135 "Agreement for Payment
or Reimbursement for Nonrecurring Expenses Incurred in a Kinship Guardianship
Placement," prior to the court issuing an order granting legal
custody/guardianship or disruption prior to the court issuing an order granting
legal custody/guardianship, if applicable. The JFS 00135 cannot be entered into
after the court has issued an order granting legal
custody/guardianship.
(F) ODJFS is
not to consider the race, color, religion, sex, age, disability, or national
origin of a kinship caregiver(s) or of the child, when entering into a JFS
00135 "Agreement for Payment or Reimbursement for Nonrecurring Expenses
Incurred in a Kinship Guardianship Placement."
(G) If siblings are placed with the KGAP
eligible child, either separately or together, each child is to be treated as
an individual. A separate JFS 00134 "Application for Reimbursement of
Nonrecurring Kinship Guardianship Assistance Program (KGAP) Expenses" and JFS
00135 "Agreement for Payment or Reimbursement for Nonrecurring Expenses
Incurred in a Kinship Guardianship Placement" is to be executed for each
child.
(H) ODJFS is not to apply an
income eligibility requirement (means test) to the kinship caregiver(s) in
determining whether payment or reimbursement for nonrecurring KGAP expenses are
to be made.
(I) The kinship
caregiver(s) is to submit to ODJFS a request for payment or reimbursement and
proof of the expenditures for nonrecurring expenses incurred during the legal
custody/guardianship process within two
years
one year of the court issuing an
order granting legal custody/guardianship or disruption prior to the court
issuing an order granting legal custody/guardianship, if applicable.
(J) For each JFS 00135 executed, ODJFS is to
maintain documentation in the child's case record to verify compliance with
this rule.
(K) The state hearing
policies and procedures contained in Chapters 5101:6-1 to 5101:6-9 of the
Administrative Code apply to individuals applying for benefits under this
rule.
Notes
Promulgated Under: 119.03
Statutory Authority: 5153.163, 5101.1417
Rule Amplifies: 5153.163, 5153.16, 5101.1416
Prior Effective Dates: 01/01/2023
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