Ohio Administrative Code|Rule 5101:2-44-13 | Public children services agency (PCSA) administration of the post adoption special services subsidy (PASSS) program.

                                                

(A) The public children services agency
(PCSA) is responsible for the administration and determination of eligibility
for the post adoption special services subsidy (PASSS) program. The PCSA
shall:

(1) Upon request, provide
the following within five days to any adoptive parent who resides in
Ohio:

(a) The JFS 01050 "Application for Post Adoption Special
Services Subsidy" (rev. 7/2016).

(b) The JFS 01051 "Application for Additional Post Adoption
Special Services Subsidy (PASSS) Funding for Extraordinary Circumstances"
(rev. 7/2016).

(c) The JFS 01052 "Credentials of Professional Providers of
PASSS Funded Therapeutic Services and Memorandum of Understanding" (rev.
4/2019).

(d) The JFS 04059 "Explanation of State Hearing
Procedures" (rev. 1/2015).

(e) The JFS 01681 "Applicant Financial Statement" (rev.
10/2000).

(2) Within fifteen days
of the date stamped by the PCSA indicating receipt of the JFS 01050, JFS 01051,
if applicable, and JFS 01052, return to an applicant any application that does
not contain the required documentation as outlined in rule 5101:2-44-13.1 of
the Administrative Code.

(3) Process all completed
JFS 01050s.

(4) Retain all JFS
01052s, all approved and denied JFS 01050s and all JFS 01051s.

(B) Applicants seeking a post adoption
special service subsidy shall:

(1) Complete each section of the JFS
01050 and JFS 01051, if applicable, and have the provider complete each section
of the JFS 01052, if applicable in order for the application to be considered
complete.

(2) Forward all
documentation as outlined in rule 5101:2-44-13.1 of the Administrative Code to
the PCSA in the county in which the applicant and child reside.

(C) The PCSA shall form a post adoption
subsidy review committee composed of a minimum of three people: a
representative of the PCSA administration, a representative of the PCSA
adoption services section, and a person within the community who is
knowledgeable about post adoption services. The PCSA shall ensure that people
from outside the adoption services section adhere to all confidentiality
procedures in accordance with section 5153.17 of the Revised Code.

(D) The committee shall review each
completed JFS 01050, JFS 01051 and JFS 01052 and recommend the services and
level of funding to be provided by the PASSS program to the PCSA executive
director or designee.

(E) PASSS funds shall be used for the following:

(1) Family preservation
services for a child residing in the home of the adoptive parent.

(2) Services that will
reduce serious psychological risk for the child or serious physical risk for
the child or others. Serious psychological or physical risk is defined as a
progressive psychological or physical illness, injury, or impairment that will
continue over an extended period of time and requires direct supervision by a
qualified professional as outlined in rule 5101:2-44-13.1 of the Administrative
Code. If such services are for a child not residing in the home, the requested
services shall focus on specific reunification goals that enable the child to
return home.

(3) Medical services
designed to relieve or correct preadoptive health care problems.

(F) The committee shall base its approval of the PASSS
application on:

(1) The review of
supporting documentation as specified in rule 5101:2-44-l3.1 of the
Administrative Code.

(2) Whether the
application requirements of rule 5101:2-44-13.1 of the Administrative Code are
met.

(3) A determination that
the individual services requested by the family are appropriate.

(G) Within forty-five days of submission of the completed
application, the PASSS review committee shall make its recommendations to the
PCSA executive director or designee.

(H) If the PCSA executive director or designee determines that
the review committee will be delayed in making its recommendations beyond the
forty-five day deadline, the PCSA executive director, or designee, may
substitute an alternative review process. This alternative review process shall
be defined in the PCSA's adoption policy and shall set out the alternative
procedure and explain when the alternative review process may be
used.

(I) The PCSA executive director, or designee, shall determine,
within five days of receiving the recommendation, whether to follow the
recommendation of the PASSS review committee.

(J) If the PCSA executive director, or
designee, does not follow any of the recommendations of the PASSS review
committee, the PCSA executive director, or designee, shall describe, in
writing, the reasons for not following the recommendation.

(K) The PCSA executive director, or
designee, shall provide written notice of approval or denial on the
"Approval or Denial for Post Adoption Special Services Subsidy"
report generated from the statewide automated child welfare information system
(SACWIS) to the applicant within five days of the decision to approve or deny
the application.

(L) The PCSA shall document the state hearing review process in
the agency's adoption policy.

(M) The PCSA shall approve PASSS funding as long as state funds
are available. In the event state funding is no longer available, the PASSS
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 of services for applications that have
not been approved.

(N) The PCSA working with the adoptive family shall provide
assistance to the adoptive parent(s) in exploring other sources of support and
services for the child. PASSS is a funding source of last resort; therefore, to
the extent that other funding sources are or become available, they shall be
used in place of PASSS funds.

(O) PASSS funds shall not supplant medicaid funding if the child
is eligible for coverage under the medicaid program.

(P) The PCSA may consider approving services requested under the
following conditions:

(1) The child is not
eligible for medicaid.

(2) The service
recommended by a qualified professional for the child's treatment is not a
covered service under medicaid.

(3) The service requested
by the family is not covered under the family's insurance.

(Q) The amount funded shall not exceed the amount paid for the
same service provided by a medicaid provider if the applicable service
requested is covered under medicaid pursuant to: appendix DD to rule 5160-1-60
of the Administrative Code or appendix A to rule 5160-27-03 of Administrative
Code for mental health services.

(R) If the service is not covered under medicaid, the amount
funded shall be a reasonable amount and shall meet the guidelines of the
qualified professional's licensing body standards. The licensing body is
the entity that has provided the license for the individual to practice in
their profession.

(S) All invoices submitted for reimbursement in SACWIS that
comply with Chapter 5101:2-44 of the Administrative Code will be paid by ODJFS
if submitted by the PCSA no later than September thirtieth, after the close of
the state fiscal year in which the applications were approved.

(T) The PCSA shall be reimbursed as follows:

(1) Up to ninety-five per
cent of the total for each invoice received by the PCSA for applications that
comply with Chapter 5101:2-44 of the Administrative Code.

(2) Up to one hundred per
cent of the total for each invoice received by the PCSA for applications that
comply with Chapter 5101:2-44 of the Administrative Code if the PCSA has waived
the five per cent requirement pursuant to rule 5101:2-44-13.1 of the
Administrative Code.

(U) If a state or federal audit determines that the PCSA has been
reimbursed for services in which a JFS 01050 has not been submitted and/or
approved by the PCSA, the PCSA shall reimburse ODJFS the amount of the adverse
audit finding.

(V) Each approved PASSS application shall be reviewed by the PCSA
within twenty days after the state fiscal quarter in which it was approved, and
every subsequent quarter within the SFY, to determine if the funding is being
utilized.

(W) The PCSA shall notify the family, within five days of
completion of the review, of its intent to release these funds for that quarter
unless the family provides adequate justification within twenty days of receipt
of the notice as to why the funds were not used.

(X) If the PCSA does not accept the justification offered by the
family, the PCSA shall release the funds in question to ODJFS through SACWIS,
and the family is responsible for the payment of services.

(Y) If the PCSA releases the funds, it shall provide the family
information regarding the right to a state hearing pursuant to section 5101.35
of the Revised Code and division 5101:6 of the Administrative
Code.

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