Ohio Admin. Code 5101:2-56-01 - Administration of the state kinship guardianship assistance program (KGAP)
(A)
The state kinship
guardianship assistance program (KGAP) provides financial payments to eligible
kinship caregivers who have been granted legal custody or guardianship of a
child that was previously in the custody of a public children services agency
(PCSA). The Ohio department of job and family services (ODJFS) and the PCSA are
to coordinate to administer the program pursuant to section
5153.163 of the Revised Code.
ODJFS is to provide payments to the extent funds are appropriated and allocated
for this purpose.
(B)
The PCSA is to provide the JFS 00128 "Application for
State Kinship Guardianship Assistance Program (KGAP) Payments" to any kinship
caregiver(s) upon request and determine eligibility as outlined in rule
5101:2-56-03 of the
Administrative Code.
(C)
Kinship caregiver(s) as defined in rule
5101:2-1-01 of the
Administrative Code includes any individual who meets one of the
following:
(1)
An individual who had an existing relationship with the
child or the child's family that is similar to a familial relationship prior to
the child's placement into substitute care; or
(2)
An individual who
is a member of a child's current foster family that does not wish to pursue
adoption of the child but a court has made a finding pursuant to sections
2151.4119 and
2151.4120 of the Revised Code
that the child's current foster family has a kin relationship with the
child.
(D)
The PCSA that had custody of a child immediately prior
to a court granting legal custody or guardianship of the child to a kinship
caregiver of is authorized to enter into a state kinship guardianship
assistance agreement with that kinship caregiver.
(E)
The monthly
amount of the state KGAP payment is determined by negotiation and mutual
agreement between the kinship caregiver(s) and ODJFS. State KGAP payments are
to be negotiated as follows:
(1)
The state KGAP payment for a child is to be eighty per
cent of the child's current foster care per diem unless this would result in a
state KGAP payment of less than three hundred-fifty dollars.
(2)
For any child for
whom the requirement in paragraph (F)(1) of this rule would result in a state
KGAP payment of less than three hundred fifty dollars, the state KGAP payment
is to be three hundred fifty dollars or the child's current foster care per
diem amount, whichever is lower.
(3)
ODJFS and the
kinship caregiver(s) can mutually agree to a lower payment.
(F)
The
child's supplemental security income (SSI) benefits are to be considered along
with the kinship caregiver(s) resources in the negotiation and determination of
the state KGAP payment amount.
(G)
The kinship
caregiver(s) is to notify the social security administration if the child
receives SSI benefits. The child may receive state KGAP and SSI concurrently if
the child receives SSI. If there is concurrent receipt of payments from both
programs, the social security administration will decrease the monthly SSI
benefit by the monthly state KGAP payment amount.
(H)
If ODJFS and the
kinship caregiver(s) cannot mutually agree on the monthly state KGAP payment
amount after thirty days from the initial negotiation meeting, ODJFS is to
notify the kinship caregiver(s) of their rights to a state hearing in
accordance with provisions set forth in Chapters 5101:6-1 to 5101:6-9 of the
Administrative Code.
(I)
If an overpayment or an underpayment of a state KGAP
payment occurs, ODJFS is to take immediate action to correct either situation
as soon as information is received.
(1)
An underpayment occurs when one of the following
circumstances exist:
(a)
The kinship caregiver(s) of a state KGAP child does not
receive a payment they are entitled to according to the current
agreement.
(b)
The kinship caregiver(s) of a state KGAP child receives
a payment less than the amount they are entitled to according to the current
agreement.
(2)
An overpayment occurs when a kinship caregiver(s)
receives a payment amount they are not entitled to because of the following
reasons.
(a)
The payment was made in excess of the agreed upon
amount.
(b)
The child for whom a state KGAP payment was made was
not eligible for such payment the month the payment was made.
(J)
ODJFS is responsible for reviewing payment records for
state KGAP cases to determine if an overpayment has occurred. If an overpayment
has occurred, ODJFS is to:
(1)
Adjust the overpayment in Ohio SACWIS. Adjustment of
the payment is to be effective on the first day of the month following the
month in which the change occurred.
(2)
Provide
notification to the kinship caregiver(s) when an overpayment is found and
identify what action ODJFS proposes to take with regard to the
payment.
(3)
Send notification to the kinship caregiver(s) of the
right to request a state hearing in accordance with the provisions set forth in
Chapters 5101:6-1 to 5101:6-9 of the Administrative Code.
(K)
A
review of the kinship caregiver's agreement may be requested by the successor
guardian named in the state KGAP agreement in the event of the death or
incapacitation of the kinship caregiver(s). The successor guardian and ODJFS
will enter into a new JFS 00129 "State Kinship Guardianship Assistance Program
Agreement" to reflect the change in guardian if the criteria in this rule are
met. ODJFS is to ensure the following prior to payment:
(1)
Verification of
the primary successor legal guardian named in the kinship caregiver(s) JFS
00129 or in any amendments to the agreement. The successor guardian named
cannot be the parent of the child.
(2)
Termination date
of the kinship caregiver(s) JFS 00129 pursuant to rule
5101:2-56-06 of the
Administrative Code.
(3)
Completion of background checks for the primary
successor legal guardian and all adult household members in accordance with
rules 5101:2-5-20, 5101:2-5-24,
5101:2-5-30 and
5101:2-5-09.1 of the
Administrative Code. The PCSA in the county in which the successor guardian
resides is to assist in completing the required background checks. If the
successor guardian resides out of state, the PCSA that previously held custody
of the child is to assist.
(4)
If residing in
another state, ODJFS is to ensure the kinship caregiver(s) has complied with
the background check requirements of that state.
(5)
Signed JFS 00129
between the primary successor legal guardian and ODJFS.
(6)
The successor
guardian is granted legal custody or guardianship.
(L)
ODJFS is to
approve state KGAP funding for eligible caregivers as long as state funds are
available. In the event state funding is no longer available, the state KGAP
program will close to new applications until July first of the following state
fiscal year (SFY). Once state funds have been exhausted, neither ODJFS nor the
PCSA may be held responsible for payment.
Notes
Promulgated Under: 119.03
Statutory Authority: 5153.163, 5101.1417
Rule Amplifies: 5153.163, 5153.16
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