Ohio Admin. Code 5101:2-49-10 - Title IV-E adoption assistance (AA) ongoing verification

(A) The public children services agency (PCSA) responsible for the AA agreement shall is to provide the adoptive parent(s) with the JFS 01451-B "Title IV-E Adoption Assistance annual assurance of legal responsibility, school attendance and eligibility for continued medicaid coverage" (rev. 12/2015) annually from the effective date of the agreement or whenever there is a significant change in the family situation.

(B) The PCSA is not to reduce, suspend, amend, or terminate the adoption assistance solely because the adoptive parent(s) fails to reply to the PCSA request for information or return the JFS 01451-B while the adoption assistance agreement is in effect. If an amendment is requested, the PCSA is to complete the JFS 01452 "Notice of Adverse Action for Title IV-E Adoption Assistance (AA)."

(B)(C) For a child who has attained the minimum age for compulsory school attendance the PCSA shall is to assure that the child's AA case record contains documentation of one of the following:

(1) A child is enrolled full-time in an institution providing elementary or secondary education.

(2) A child is home schooled full-time in accordance with the law of the state where the parent(s) resides.

(3) A child is in an independent study elementary or secondary education program full-time in accordance with the law of the state where the program is located, which is administered by the local school or school district.

(4) A child is incapable of attending school on a full-time basis due to the medical condition of the child, and the incapability is supported by regularly updated information in the AA case record of the child.

(C)(D) Title IV-E agencies PCSA's are not required to verify school attendance for a child age eighteen to twenty-one, unless the reason the child is continuing to receive AA past age eighteen is because pursuant to paragraph (B)(4) of rule 5101:2-49-04 of the Administrative Code.

(D)(E) The adoptive parent(s) shall is to notify the PCSA within fifteen calendar days of the date of a change if:

(1) The child reaches the age of eighteen or twenty-one if the child is physically or mentally physically/mentally disabled or has a medical condition pursuant to rule 5101:2-49-04 of the Administrative Code.

(2) The child has married or enlisted in the military service. Enlistment in the military is defined as the date of report for active duty.

(3) The child's primary health care insurance coverage changes from medicaid to private health care insurance. The adoptive parent(s) shall is to complete an ODM 06612 "Health Insurance Information Sheet" (rev. 9/2016) as a result of this change.

(4) The adoptive parent(s) is no longer supporting the child.

(5) The adoptive parent's parental rights have been terminated by a court of competent jurisdiction or permanently surrendered to a PCSA or private child placing agency (PCPA).

(6) The family moves, or the child established his or her establishes their own residence.

(7) The child dies is deceased.

(E)(F) The adoptive parent(s) shall is to be supporting the child. An adoptive parent(s) is supporting the child if the adoptive parent(s) provides the child with shelter, food, clothing, child support, or any support regardless of the physical location of the child. A parent parent(s) is generally responsible for the support of a child who is under the age of eighteen or under the age of twenty-one and is physically or mentally physically/mentally disabled or has a medical condition.

(F)(G) A parent is not legally required to support the child if the child is emancipated. A child becomes emancipated if the child:

(1) The child enlists Enlists in the military services. Enlistment in the military is defined as the date of report for active duty.

(2) The child marries Marries.

(3) The child has Has been determined to be an emancipated minor by a court of competent jurisdiction or the state of residence.

(G)(H) If the child no longer meets the requirements for AA, the PCSA shall is to terminate the AA agreement pursuant to rule 5101:2-49-13 of the Administrative Code.

Notes

Ohio Admin. Code 5101:2-49-10

Effective: 10/1/2024
Five Year Review (FYR) Dates: 7/1/2024 and 10/01/2029
Promulgated Under: 119.03
Statutory Authority: 5101.141
Rule Amplifies: 5101.11, 5101.141
Prior Effective Dates: 01/01/1983, 04/01/1986 (Emer.), 07/01/1986, 07/02/1987, 09/01/1988, 05/01/1994, 05/01/1998, 01/01/2007, 04/01/2010, 12/15/2011, 07/01/2014, 07/01/2019