Ohio Admin. Code 5101:2-56-03 - Public children services agency (PCSA) eligibility determination of the state kinship guardianship assistance program (KGAP)
(A)
The PCSA is to
determine eligibility and coordinate with the Ohio department of job and family
services (ODJFS) to complete all procedures related to the administration of
the state kinship guardianship assistance program. The PCSA is to:
(1)
Determine the
child's eligibility status within thirty days of a request by the kinship
caregiver to apply for state kinship guardianship assistance payments. The PCSA
will determine eligibility using the criteria outlined in rule
5101:2-56-02 of the
Administrative Code.
(2)
Provide the JFS 00128 "Application for State Kinship
Guardianship Assistance Program Payments" to any kinship caregiver(s) upon
request.
(B)
The PCSA is to inform ODJFS that the applicant(s) are
eligible for state KGAP.
(C)
ODJFS will complete the negotiation process with the
kinship caregiver(s) including the completion of the JFS 00129 "State Kinship
Guardianship Assistance Program Agreement." A completed agreement will name a
successor guardian. The successor guardian cannot be the parent in accordance
with section
42 U.S.C.
673(d)(3)(C) effective
September 29, 2014. Once the JFS 00129 is completed, ODJFS is to sign the form,
obtain the signature of the kinship caregiver(s) and send the documents to the
PCSA director or designee for signatures.
(D)
ODJFS is to
obtain the signature(s) of the kinship caregiver(s) and the PCSA director or
designee pursuant to section
5153.163 of the Revised Code
prior to the court issuing an order granting legal custody or guardianship to
the kinship caregiver(s).
(E)
The PCSA is to ensure the JFS 00129 has been completed
with all needed signatures prior to the court issuing a final order granting
legal custody or guardianship to the applicant.
(F)
The PCSA is to
establish and maintain policy and procedures governing its state kinship
guardianship assistance program eligibility process in accordance with section
5153.163 of the Revised Code and
division 5101:2-56 of the Administrative Code.
(G)
The PCSA is to
document, in the PCSA's policy, a description of the opportunity for a state
hearing pursuant to section
5101.35 of the Revised Code and
Chapter 5101:6 of the Administrative Code.
(H)
The PCSA is to
file a motion for legal custody or guardianship to be granted to the kinship
caregiver(s) named in the approved application once the agreement date is
entered into Ohio statewide automated child welfare information system
(SACWIS).
(I)
The PCSA is to ensure legal status change entry into
Ohio SACWIS within ten days from the receipt of the journalized court order
granting the kinship caregiver(s) legal custody or
guardianship.
(J)
The PCSA is to provide a copy of the court order to
ODJFS.
(K)
Upon the kinship caregiver(s) being granted legal
custody or guardianship, they are to apply for Ohio works first (OWF) cash
assistance within thirty days of the court date in which the kinship
caregiver(s) are granted legal custody or guardianship. The kinship
caregiver(s) may also apply for medicaid. If the kinship caregiver(s) do not
apply for OWF cash assistance within sixty days of the court date, the
agreement may be terminated. The following applies to kinship caregivers who
reside out of state:
(1)
The kinship caregiver is to apply for cash assistance
or the equivalent of OWF in the state where they reside within thirty days of
the court date in which the kinship caregiver(s) are granted legal custody or
guardianship.
(2)
If the kinship caregiver(s) do not apply for cash
assistance within sixty days of the court date, the agreement may be
terminated.
(3)
ODJFS will continue to be responsible for the case
management of the state KGAP case.
(L)
ODJFS is to
approve state KGAP funding for eligible caregiver(s) 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
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.
No prior version found.