Ohio Admin. Code 5101:2-49-21 - Reimbursement of Title IV-E nonrecurring adoption expenses for a child with special needs

(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 adoption expenses" are reasonable and necessary adoption fees, court costs, attorney fees, and in accordance with paragraph (A)(2) of this rule, other expenses directly related to the legal adoption of a child with special needs, as defined in rule 5101:2-49-03 of the Administrative Code. 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 adoption of a child with special needs" as specified in paragraph (A)(1) of this rule refers to the cost of the adoption incurred by or on behalf of the adoptive parent(s) and for which the adoptive parent(s) carries the ultimate liability for payment. These expenses include costs related to:

(a) The adoption homestudy.

(b) Health and psychological examinations.

(c) Supervision of the placement prior to the adoption finalization.

(d) Reasonable cost of transportation, lodging, and food for the child and/or adoptive parent(s) when necessary to complete the placement or adoption process.

(B) A public children services agency (PCSA), private child placing agency (PCPA), or private non-custodial agency (PNA) is to notify anyone inquiring about adoption services through the agency of the availability of funds for the reimbursement of nonrecurring adoption expenses and the application process.

(C) The PCSA is to enter into an agreement with the adoptive parent(s) of a child with special needs for the payment of nonrecurring adoption expenses for which the parent(s) has not otherwise been reimbursed, not to exceed one two thousand dollars for each child.

(D) The PCSA, PCPA, or PNA is to inform an adoptive parent(s) who inquires about adoption services through the agency that the JFS 01421 "Application for Reimbursement of Title IV-E Nonrecurring Adoption Expenses" is to be submitted to the appropriate PCSA and approved prior to the adoption finalization or disruption prior to the adoption finalization, if applicable. The JFS 01421 cannot be considered for approval retroactively.

(E) The adoptive parent(s) and the PCSA as specified in paragraphs (L) to (O) of this rule are to sign the JFS 01438 "Agreement for Payment or Reimbursement for Title IV-E Nonrecurring Expenses Incurred in the Adoption of a Child with Special Needs " prior to adoption finalization or disruption prior to adoption finalization, if applicable. A final decree of adoption by a foreign country constitutes adoption finalization. The JFS 01438 cannot be entered into after adoption finalization.

(F) The PCSA is to not consider the race, color, or national origin of an adoptive family or of the child for whom a family has indicated an interest in adopting, when entering into a JFS 01438.

(G) If siblings are placed for adoption, either separately or together, each child is to be treated as an individual. A separate JFS 01421 and JFS 01438 is to be executed for each child.

(H) The PCSA is to not apply an income eligibility requirement (means test) to the adoptive parent(s) in determining whether payment or reimbursement for nonrecurring adoption expenses are to be made.

(I) The adoptive parent(s) is to submit to the PCSA a request for payment or reimbursement and proof of the expenditures for nonrecurring expenses incurred in the adoption of a child with special needs within two years of the adoption finalization or disruption prior to adoption finalization, if applicable.

(J) In order for a PCSA to enter into an agreement for the reimbursement of nonrecurring adoption expenses, the child is to be determined a child with special needs prior to the adoption finalization or disruption prior to adoption finalization as defined in rule 5101:2-49-03 of the Administrative Code. The child need not meet other categorical eligibility requirements of Title IV-E adoption assistance.

(K) If the only special needs factor is the child has been determined to be at substantial risk, with no manifestation of a special needs factor, the child is eligible for nonrecurring adoption assistance with the exclusion of international adoptions.

(L) If the PCSA and the adoptive parent(s) have completed a JFS 01453 "Title IV-E Adoption Assistance Agreement" the application for reimbursement of nonrecurring adoption expenses is to be made to the PCSA with which the adoptive parent(s) entered into the AA agreement. The JFS 01438 is to be incorporated as an addendum to the AA agreement.

(M) If a JFS 01453 has not been completed by a PCSA, all of the following apply:

(1) Prior to adoption finalization or disruption prior to adoption finalization, if applicable, the adoptive parent(s) is to submit a JFS 01421 for reimbursement of nonrecurring adoption expenses to the PCSA who holds permanent custody or, in the case of an independent adoption, in the county in which the adoptive parent(s) resides.

(2) At the time of application and prior to adoption finalization or disruption prior to adoption finalization, if applicable, the adoptive parent(s) is to provide the PCSA with:

(a) A copy of the JFS 01616 "Social and Medical History" completed on the child for whom the request is being made or a copy of the social and medical history completed in the child's country of origin.

(b) A copy of the JFS 01673A "Child Characteristics Checklist for Foster Care and/or Adoption" and one of the following homestudies:

(i) JFS 01673 "Assessment for Child Placement (Homestudy)" or its equivalent for a child adopted from another state.

(ii) JFS 01692 "Application for Adoption of a Foster Child or Sibling Group".

(3) If the adoptive parent(s) does not provide a completed JFS 01616, JFS 01673A and JFS 01673 or JFS 01692, the PCSA is to deny the JFS 01421.

(N) If the child is placed for adoption from Ohio into another state, the following apply:

(1) If a PCSA has entered into a JFS 01453 or has custody of the child, that PCSA is responsible for the determination of eligibility for reimbursement of nonrecurring adoption expenses and payment of allowable nonrecurring adoption expenses if the child is eligible.

(2) If a JFS 01453 is not in effect or a PCSA does not have custody of the child, the children services agency (CSA) in the state where the adoptive parent(s) lives is responsible for determining eligibility. The CSA is responsible for informing the adoptive parent(s) of the required needed documentation.

(3) If a PCPA has custody of the child, that agency is responsible for providing all required needed information and documentation to the PCSA responsible for determining eligibility.

(4) If a PCSA or PCPA does not have custody of the child, the adoptive parent(s) is responsible for providing all required needed information and documentation to the PCSA responsible for determining eligibility. The PCSA is to inform the adoptive parent(s) of the required needed documentation.

(O) If the child is placed for adoption from another state into Ohio, the following apply:

(1) If the CSA has entered into a Title IV-E AA agreement or has custody of the child, that agency is responsible for determining eligibility for reimbursement of nonrecurring adoption expenses and paying allowable nonrecurring adoption expenses if the child is eligible.

(2) If the CSA has not entered into a Title IV-E AA agreement or does not have custody of the child, the Ohio PCSA in the county in which the adoptive parent(s) resides is responsible for determining eligibility for reimbursement of nonrecurring adoption expenses and paying allowable nonrecurring adoption expenses if the child is eligible.

(3) If a private child placing agency has custody of the child, that agency is responsible for providing all required needed information and documentation to the Ohio PCSA in the county where the adoptive parent(s) resides to determine eligibility.

(4) If a private child placing agency does not have custody of the child, the adoptive parent(s) is responsible for providing all required needed information and documentation to the Ohio PCSA in the county of residence to determine eligibility. The PCSA is to inform the adoptive parent(s) of the required needed documentation.

(P) A stepparent adopting a child with special needs is not eligible to receive payment or reimbursement for nonrecurring adoption expenses if a biological parent is also present in the home. If a biological parent is not present due to death, divorce, or abandonment of the child, the stepparent is to receive payment or reimbursement for the nonrecurring adoption expenses if all other provisions of this rule are met.

(Q) For each JFS 01438 executed, the PCSA is to maintain documentation in the child's case record to verify compliance with this rule.

(R) 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.

(S) International adoption payment prohibition disallowance.

(1) Notwithstanding any other paragraph of this rule, no payment may be made to an adoptive parent(s) with respect to a child who meets the requirements specified in paragraph (J) of this rule but who is not a citizen or resident of the United States and was adopted outside of the United States or was brought into the United States for the purpose of being adopted.

(2) Paragraph (S)(1) of this rule is not to be construed as prohibiting disallowing payments where the child is placed and is legally available for adoption by a permanent custody order or permenant permanent surrender by a PCSA or PCPA, or petition for adoption when the child is the subject of an independent adoption pursuant to rule 5101:2-49-02 of the Administrative Code subsequent to the failure, as determined by the PCSA, of the initial adoption of the child by the parent(s) described in paragraph (S)(1) of this rule.

(3) If an adopted child from a foreign country has a subsequent adoption finalization in the U.S., the child is not eligible for nonrecurring adoption expenses.

Notes

Ohio Admin. Code 5101:2-49-21

Effective: 10/15/2024
Five Year Review (FYR) Dates: 7/17/2024 and 10/15/2029
Promulgated Under: 119.03
Statutory Authority: 5101.141, 5101.11
Rule Amplifies: 5101.11, 5101.141
Prior Effective Dates: 04/03/1989 (Emer.), 06/18/1989, 05/01/1998, 07/01/2000, 02/15/2002, 01/01/2007, 08/10/2009 (Emer.), 11/09/2009, 06/01/2010, 12/15/2011, 07/01/2014, 08/01/2019, 02/03/2020