Ohio Admin. Code 5101:2-40-04 - Kinship permanency incentive (KPI) program
(A) The KPI program is designed to promote a
permanent commitment by a kinship caregiver(s) through becoming guardians and
custodians over minor children who would otherwise be unsafe or at risk of harm
if they remained in their own homes. KPI provides up to eight incentive
payments to families caring for their kin.
(B) The following definitions are applicable
to this rule and supersede any conflicting definitions contained in rule
5101:2-1-01 of the
Administrative Code.
(1) "Custodian" has the
same meaning as in section
5107.02 of the Revised Code,
which is an individual who has legal custody of a minor child or comparable
status over a minor child created by a court of competent jurisdiction in
another state.
(2) "Family" means a
kinship caregiver, spouse of the kinship caregiver, and all of the minor
children for whom the kinship caregiver and spouse of the kinship caregiver are
responsible, and who reside in the same household.
(3) "Fraudulent incentive" means incentive
funds provided to the kinship caregiver(s) as a result of fraud by the kinship
caregiver(s), including an intentional violation of the program requirements.
Fraudulent incentive does not include incentive payments provided due to an
error of the agency in processing the application.
(4) "Gross income" means income of the family
as defined in paragraph (B)(2) of this rule before taxes and
deductions.
(5) "Guardian" has the
same meaning as in section
5107.02 of the Revised Code,
which is an individual that is granted authority by a probate court or a court
of competent jurisdiction in another state, to exercise parental rights over a
minor child to the extent provided in the court's order and subject to residual
parental rights of the minor child's parents.
(6) "Kinship caregiver" has the same meaning
as in section 5101.85 of the Revised Code,
which is any of the following who is eighteen years of age or older and is
caring for a child in place of the child's parents.
(a) Individuals related by blood or adoption
to the child including:
(i) Grandparents,
including grandparents with the prefix "great," "great-great," or
"great-great-great."
(ii)
Siblings.
(iii) Aunts, uncles,
nephews, and nieces, including such relatives with the prefix "great,"
"great-great," "grand," or "great-grand."
(iv) First cousins and first cousins once
removed.
(b) Stepparents
and stepsiblings of the child.
(c)
Spouses and former spouses of individuals named in paragraphs (B)(6)(a)(i) to
(B)(6)(a)(iv) and (B)(6)(b) of this rule.
(d) A legal guardian of the child.
(e) A legal custodian of the child.
(f)
Any nonrelative
adult that has a familiar and long-standing relationship or bond with the child
or the family, which relationship or bond will ensure the child's social
ties.
(7) "Minor
child" has the same meaning as in
45 C.F.R.
260.30 (2003), which is either of the
following:
(a) An individual who has not
attained age eighteen.
(b) An
individual who has not attained age nineteen and is a full-time student in a
secondary school or in the equivalent level of vocational or technical
training.
(C)
Eligible kinship caregiver(s) shall receive an initial incentive payment and
may receive subsequent payments at six-month intervals to support the stability
of the child's placement in the home.
(1) The
maximum incentive amount may not exceed eight payments per child per kinship
caregiver(s).
(2) Individuals who
were approved for their sixth incentive payment prior to March 17, 2014 are not
eligible for additional incentive payments.
(3) Individuals who submitted their sixth
application to the public children services agency (PCSA) on or after March 17,
2014 may be eligible for additional incentive payments.
(4) Individuals who have not received their
sixth incentive payment may be eligible for additional incentive
payments.
(D) For each
state fiscal year (SFY), the Ohio department of job and family services (ODJFS)
shall determine the initial and subsequent payment amounts. At the beginning of
each SFY, ODJFS shall provide notice to the PCSAs identifying the initial and
subsequent payment amounts for that SFY.
(E) The PCSA shall determine the kinship
caregiver(s) eligible for KPI when all of the following criteria are met:
(1) On July 1, 2005 or thereafter, a court
issued an order granting legal custody or guardianship to the kinship
caregiver(s). A temporary court order is not sufficient to meet this
requirement.
(2) The minor child
resides with the kinship caregiver(s). If the child is on temporary leave from
the kinship caregiver's home (e.g., hospitalization, mental health treatment or
respite) and the kinship caregiver retains legal custody or guardianship this
shall not preclude eligibility for KPI.
(3) The kinship caregiver(s) is a resident of
the state of Ohio.
(4) The gross
income of the kinship caregiver's family does not exceed three hundred per cent
of the federal poverty guidelines.
(5) The placement has been assessed and
approved by the PCSA or private child placing agency (PCPA).
(a) For children placed by the PCSA or PCPA,
the placement was assessed and approved pursuant to paragraphs (B) to (I) of
rule 5101:2-42-18 of the
Administrative Code.
(b) For
children placed directly with a kinship caregiver by a court or relative, the
PCSA shall assess the home in accordance with the requirements identified in
paragraphs (B) and (D) to (I) of rule
5101:2-42-18 of the
Administrative Code prior to the approval of KPI.
(F)
A
kinship caregiver who is receiving kinship guardianship assistance program
(KGAP) payments for a child is not eligible to receive KPI for the same
child.
(1) The JFS 01501 "Application for Kinship
Permanency Incentive."
(2)
Verification that the caregiver has obtained legal custody or guardianship on
or after July 1, 2005.
(3)
Verification of included income. Exclusions of
reported income are as follows and shall not be included in the income
calculation for eligibility:
(a) Child support
paid out to another custodian for a child in the other custodian's care. The
total amount of child support paid out shall be deducted from the gross
income.
(b) Up to one hundred
dollars per month per child of any child support received on behalf of the
child(ren) for whom the kinship caregiver is applying for the KPI
program.
(c) Any Ohio works first
(OWF) payments.
(d) Any income of
minor children, including employment income and social security benefits paid
to a child.
(e) Supplemental
security income (SSI) payments and social security disability income (SSDI)
payments.
(f) Adoption subsidy
payments and foster care reimbursements.
(g)
Ohio adoption
grant program payments received for an adopted child.
(h)
KGAP payments
received for another child.
(1) Provide the kinship caregiver(s) with the
JFS 01501 upon request.
(2)
Determine eligibility for the initial incentive payment.
(3) Notify the kinship caregiver(s) of the
approval, denial or incomplete application in accordance with paragraphs
(I)
(J) and
(J)
(K) of
this rule.
(4) Inform the kinship
caregiver(s) that subsequent payments require redetermination of eligibility
every six months and that the kinship caregiver(s) must submit another
application.
(5) Notify the kinship
caregiver(s) at least thirty, but not more than sixty, calendar days prior to
the eligibility for a subsequent incentive payment that the kinship
caregiver(s) must submit a JFS 01501 and verifying documentation to enable the
PCSA to determine eligibility.
(6)
Determine continuing eligibility for subsequent incentive payments as long as
the kinship caregiver(s) resides in that county.
(7) Notify the kinship caregiver(s) of the
approval, denial or incomplete application for subsequent incentive payments in
accordance with paragraphs (I)
(J) and (J)
(K) of this rule.
Notes
Promulgated Under: 119.03
Statutory Authority: 5101.801,5101.802
Rule Amplifies: 5101.801,5101.802
Prior Effective Dates: 01/01/2006, 07/02/2007 (Emer.), 09/30/2007, 08/21/2009 (Emer.), 11/18/2009, 07/01/2011 (Emer.), 09/29/2011, 05/04/2014, 01/20/2015, 09/01/2017, 03/01/2019, 02/01/2022, 04/07/2023 (Emer.).
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(A) The KPI program is designed to promote a permanent commitment by a kinship caregiver(s) through becoming guardians and custodians over minor children who would otherwise be unsafe or at risk of harm if they remained in their own homes. KPI provides up to eight incentive payments to families caring for their kin.
(B) The following definitions are applicable to this rule and supersede any conflicting definitions contained in rule 5101:2-1-01 of the Administrative Code.
(1) "Custodian" has the same meaning as in section 5107.02 of the Revised Code, which is an individual who has legal custody of a minor child or comparable status over a minor child created by a court of competent jurisdiction in another state.
(2) "Family" means a kinship caregiver, spouse of the kinship caregiver, and all of the minor children for whom the kinship caregiver and spouse of the kinship caregiver are responsible, and who reside in the same household.
(3) "Fraudulent incentive" means incentive funds provided to the kinship caregiver(s) as a result of fraud by the kinship caregiver(s), including an intentional violation of the program requirements. Fraudulent incentive does not include incentive payments provided due to an error of the agency in processing the application.
(4) "Gross income " means income of the family as defined in paragraph (B)(2) of this rule before taxes and deductions.
(5) "Guardian" has the same meaning as in section 5107.02 of the Revised Code, which is an individual that is granted authority by a probate court or a court of competent jurisdiction in another state, to exercise parental rights over a minor child to the extent provided in the court's order and subject to residual parental rights of the minor child 's parents.
(6) "Kinship caregiver" has the same meaning as in section 5101.85 of the Revised Code, which is any of the following who is eighteen years of age or older and is caring for a child in place of the child 's parents.
(a) Individuals related by blood or adoption to the child including:
(i) Grandparents, including grandparents with the prefix "great," "great-great," or "great-great-great."
(ii) Siblings.
(iii) Aunts, uncles, nephews, and nieces, including such relatives with the prefix "great," "great-great," "grand," or "great-grand."
(iv) First cousins and first cousins once removed.
(b) Stepparents and stepsiblings of the child .
(c) Spouses and former spouses of individuals named in paragraphs (B)(6)(a)(i) to (B)(6)(a)(iv) and (B)(6)(b) of this rule.
(d) A legal guardian of the child .
(e) A legal custodian of the child .
(f) Any nonrelative adult that has a familiar and long-standing relationship or bond with the child or the family, which relationship or bond will ensure the child's social ties.
(7) "Minor child " has the same meaning as in 45 C.F.R. 260.30 (2003), which is either of the following:
(a) An individual who has not attained age eighteen.
(b) An individual who has not attained age nineteen and is a full-time student in a secondary school or in the equivalent level of vocational or technical training.
(C) Eligible kinship caregiver(s) shall receive an initial incentive payment and may receive subsequent payments at six-month intervals to support the stability of the child 's placement in the home.
(1) The maximum incentive amount may not exceed eight payments per child per kinship caregiver(s).
(2) Individuals who were approved for their sixth incentive payment prior to March 17, 2014 are not eligible for additional incentive payments.
(3) Individuals who submitted their sixth application to the public children services agency (PCSA) on or after March 17, 2014 may be eligible for additional incentive payments.
(4) Individuals who have not received their sixth incentive payment may be eligible for additional incentive payments.
(D) For each state fiscal year (SFY), the Ohio department of job and family services (ODJFS) shall determine the initial and subsequent payment amounts. At the beginning of each SFY, ODJFS shall provide notice to the PCSAs identifying the initial and subsequent payment amounts for that SFY.
(E) The PCSA shall determine the kinship caregiver(s) eligible for KPI when all of the following criteria are met:
(1) On July 1, 2005 or thereafter, a court issued an order granting legal custody or guardianship to the kinship caregiver(s). A temporary court order is not sufficient to meet this requirement.
(2) The minor child resides with the kinship caregiver(s). If the child is on temporary leave from the kinship caregiver's home (e.g., hospitalization, mental health treatment or respite) and the kinship caregiver retains legal custody or guardianship this shall not preclude eligibility for KPI.
(3) The kinship caregiver(s) is a resident of the state of Ohio.
(4) The gross income of the kinship caregiver's family does not exceed three hundred per cent of the federal poverty guidelines.
(5) The placement has been assessed and approved by the PCSA or private child placing agency (PCPA).
(a) For children placed by the PCSA or PCPA, the placement was assessed and approved pursuant to paragraphs (B) to (I) of rule 5101:2-42-18 of the Administrative Code.
(b) For children placed directly with a kinship caregiver by a court or relative, the PCSA shall assess the home in accordance with the requirements identified in paragraphs (B) and (D) to (I) of rule 5101:2-42-18 of the Administrative Code prior to the approval of KPI.
(F) A kinship caregiver who is receiving kinship guardianship assistance program (KGAP) payments for a child is not eligible to receive KPI for the same child .
(1) The JFS 01501 "Application for Kinship Permanency Incentive."
(2) Verification that the caregiver has obtained legal custody or guardianship on or after July 1, 2005.
(3) Verification of included income . Exclusions of reported income are as follows and shall not be included in the income calculation for eligibility:
(a) Child support paid out to another custodian for a child in the other custodian's care. The total amount of child support paid out shall be deducted from the gross income.
(b) Up to one hundred dollars per month per child of any child support received on behalf of the child (ren) for whom the kinship caregiver is applying for the KPI program.
(c) Any Ohio works first (OWF) payments.
(d) Any income of minor children, including employment income and social security benefits paid to a child .
(e) Supplemental security income (SSI) payments and social security disability income (SSDI) payments.
(f) Adoption subsidy payments and foster care reimbursements.
(g) Ohio adoption grant program payments received for an adopted child .
(h) KGAP payments received for another child .
(1) Provide the kinship caregiver(s) with the JFS 01501 upon request.
(2) Determine eligibility for the initial incentive payment.
(3) Notify the kinship caregiver(s) of the approval, denial or incomplete application in accordance with paragraphs (I) (J) and (J) (K) of this rule.
(4) Inform the kinship caregiver(s) that subsequent payments require redetermination of eligibility every six months and that the kinship caregiver(s) must submit another application.
(5) Notify the kinship caregiver(s) at least thirty, but not more than sixty, calendar days prior to the eligibility for a subsequent incentive payment that the kinship caregiver(s) must submit a JFS 01501 and verifying documentation to enable the PCSA to determine eligibility.
(6) Determine continuing eligibility for subsequent incentive payments as long as the kinship caregiver(s) resides in that county.
(7) Notify the kinship caregiver(s) of the approval, denial or incomplete application for subsequent incentive payments in accordance with paragraphs (I) (J) and (J) (K) of this rule.
Notes
Promulgated Under: 119.03
Statutory Authority: 5101.801,5101.802
Rule Amplifies: 5101.801,5101.802
Prior Effective Dates: 01/01/2006, 07/02/2007 (Emer.), 09/30/2007, 08/21/2009 (Emer.), 11/18/2009, 07/01/2011 (Emer.), 09/29/2011, 05/04/2014, 01/20/2015, 09/01/2017, 03/01/2019, 02/01/2022, 04/07/2023 (Emer.).