Ohio Admin. Code 5101:2-56-04 - Requirements for state kinship guardianship assistance program (KGAP) past age eighteen
(A)
State KGAP is
available for an eligible child whose kinship caregiver(s) enter into an
initial state KGAP agreement prior to the age of eighteen or older beyond the
end of the school year during which the child attains the age of
eighteen.
(B)
State KGAP is available for a child with a
physical/mental disability or medical condition who is between the age of
eighteen and twenty-one with an existing state KGAP agreement if the child
meets one of the requirements identified in paragraphs (B)(1) to (B)(5) of this
rule and the kinship caregiver(s) is supporting the child . The ongoing medical
treatment of the physical/mental disability or medical condition is to be
verified for continued eligibility by a culturally competent qualified
professional in the professional's scope of practice. The child is considered
to have a physical/mental disability or medical condition if any of the
following apply:
(1)
A designated social security administration claims
representative has determined that the child meets the disability criteria and
is therefore eligible for one of the following:
(a)
Title XVI
supplemental security income (SSI) benefits.
(b)
Social security
disability benefits.
(c)
Social security benefits due to the death or disability
of the biological parent(s).
(2)
The child has
been diagnosed by a culturally competent qualified professional in the
professional's scope of practice who is not responsible for providing public
casework services to the child . For the purpose of this rule, a qualified
professional is an individual who is the following: an audiologist,
orthopedist, physician, certified nurse practitioner, physician assistant,
psychiatrist, psychologist, school psychologist, licensed marriage and family
therapist, speech and language pathologist, a licensed independent social
worker, licensed professional clinical counselor, a licensed social worker who
is under the direct supervision of a licensed independent social worker or a
licensed professional counselor who is under the direct supervision of a
licensed professional clinical counselor.
(3)
The kinship
caregiver is to provide the Ohio department job and family services (ODJFS)
with a clear written statement from a qualified professional that the child is
substantially limited in one or more major life activities, including selfcare
and the overall capacity for self-sufficiency/meeting the ordinary demands of
life. This statement is to include an opinion as to the origin of the problem,
past history, prognosis, and recommendations related to potential treatment
needs. The child 's documented disability is the direct result of one of the
following:
(a)
A
developmental disability, as defined in
28 C.F.R.
35.108 [August 11, 2016] and section 5123.01
of the Revised Code.
(b)
A medical condition causing permanent distress, pain,
dysfunction, or social problems diagnosed by a qualified professional that
results in ongoing medical treatment. The medical condition is to be diagnosed
prior to legal custody/guardianship or can be attributable to factors or
conditions in the child 's or birth family's history that existed prior to legal
custody/guardianship.
(c)
Mental illness, as defined in section
5122.01 of the Revised
Code.
(4)
The child is participating in one of the following
rehabilitation programs or a program equivalent in the state where the child
resides:
(a)
Vocational rehabilitation, as evidenced by the
implementation of an individual plan of employment (IPE), administered by the
bureau of vocational rehabilitation through opportunities for Ohioans with
disabilities.
(b)
Services for the visually impaired, as evidenced by the
implementation of an IPE, administered by the bureau of services for the
visually impaired through the opportunities for Ohioans with
disabilities.
(5)
The child is in the process of obtaining a secondary
education and meets the eligibility criteria for a child with a disability
receiving special education and related services from the Ohio department of
education (ODE), local education agency or school district or a program
equivalent in the state where the child resides. The kinship caregiver(s) is
responsible for providing official documentation from the school that the child
is attending and participating in special education services.
(6)
The child is
eligible for services administered through the department of developmental
disabilities (DODD), as evidenced by the implementation of an individual
service plan (ISP).
(C)
A clear statement
documenting the child 's physical/mental disability or medical condition is to
be accompanied by an assessment, evaluation, or update within the last twelve
months from the qualified professional including an opinion as to the prognosis
and recommendations for future treatment needs.
(D)
If the kinship
caregiver(s) requests to continue the state KGAP payment beyond age eighteen
due to any of the requirements identified in paragraph (B) of this rule, ODJFS
is to do one of the following:
(1)
Amend the state KGAP agreement to begin the state KGAP
monthly payment based on the date of eligibility for any of the programs
identified in paragraph (B)(1) of this rule.
(2)
Notify the
kinship caregiver(s) of the intent to amend the JFS 00129 "State Kinship
Guardianship Assistance Program (KGAP) Agreement" to a state KGAP agreement
with no payment pending the approval of any program outlined in paragraph (B)
of this rule and provide the kinship caregiver(s) with notification of state
hearing rights.
(3)
Notify the kinship caregiver(s) of the intent to
terminate the state KGAP agreement, at age eighteen, if eligibility is denied
based on any of the requirements identified in paragraph (B) of this
rule.
(a)
If
the kinship caregiver(s) requested a state hearing within fifteen days of the
date the termination notice was issued then ODJFS continues the state KGAP
until the hearing decision has been rendered.
(b)
If the kinship
caregiver(s) has not requested a state hearing within fifteen days of the date
the termination notice was issued, ODJFS is to terminate the state KGAP
agreement.
(E)
It is the
responsibility of the kinship caregiver(s) to provide ODJFS with documentation
that application has been made for any services the child needs in paragraph
(B) of this rule.
(F)
ODJFS is to advise the kinship caregiver(s) of all
necessary documentation that is to be submitted to continue a state KGAP
agreement.
(G)
For cases in which the year and month the child was
born can be established, but not the exact day, the first of the month is used
as the child 's birth date.
Notes
Promulgated Under: 119.03
Statutory Authority: 5153.163, 5101.1417
Rule Amplifies: 5153.163, 5153.16
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