Ohio Administrative Code|Rule 5101:2-49-09 | Title IV-E adoption assistance post-finalization application.

                                                
(A) The adoptive parent(s) of a child
		  with special needs may apply for AA after the adoption is finalized if the JFS
		  01451 "Title IV-E Adoption Assistance Application" (rev. 12/2015) was
		  not completed prior to the finalization of adoption, and the JFS 01453
		  "Title IV-E Adoption Assistance Agreement (rev. 7/2019) was not executed
		  prior to the finalization of adoption because of one of the
		  following:
(1) The public children
			 services agency (PCSA) or private child placing agency (PCPA) knew relevant
			 facts regarding the child and did not present the facts to the adoptive
			 parent(s) prior to the finalization of adoption.
(2) The PCSA or PCPA
			 failed to advise the adoptive parent(s) of the availability of AA.
			 
(a)  The PCSA or PCPA may meet the requirement to inform the
				adoptive parent(s) of AA pursuant to rules 5101:2-48-05, 5101:2-48-11.1 and
				5101:2-48-15 of the Administrative Code.
(b) Advising an adoptive parent(s) is not required if the
				adoptive parent(s) is not known to the PCSA or PCPA for a child with special
				needs who is not in the custody of the PCSA or PCPA.
(B) The child shall meet all of the
		  remaining eligibility requirements for AA that are in effect on the date the
		  PCSA receives the JFS 01451 except for the timeliness standard which requires
		  that a JFS 01451 be completed and a JFS 01453 be signed prior to a finalization
		  of adoption.
(C)  The following procedures shall be followed for AA
		  eligibility to be considered after an adoption has been finalized:
(1) The adoptive
			 parent(s) shall submit a JFS 01451 to one of the following:
(a) The PCSA that held permanent custody of the child prior to
				the adoption.
(b) The PCSA in the county where the adoptive parent(s) resides,
				if one of the following applies:
(i) A PCPA had permanent
				  custody of the child by court order or through the execution of a JFS 01666
				  "Permanent Surrender of Child" (rev. 10/2013) prior to the
				  adoption.
(ii) The social security
				  administration determined the child eligible for the supplemental security
				  income benefits prior to the finalization of the adoption and no PCSA held
				  permanent custody of the child.
(iii) The child is a
				  child of a minor parent. The child was residing with the minor parent and a
				  judicial determination that it was contrary to the welfare/best interest for
				  the minor parent to remain with the specified relative.
(iv) The child was in
				  receipt of AA in a prior finalized adoption, currently meets the definition of
				  special needs as set forth in rule 5101:2-49-03 of the Administrative Code and
				  finalizes the new AA agreement by the end of the month of the child's
				  eighteenth birthday pursuant to rule 5101:2-49-04 of the Administrative
				  Code.
(v) The child is a
				  sibling placed in the same adoptive home as his or her sibling who meet the
				  applicable child eligibility criteria in rule 5101:2-49-02 of the
				  Administrative Code.
(2) At the time the JFS
			 01451 is submitted, the adoptive parent(s) shall provide the PCSA with a copy
			 of the following:
(a) The JFS 01616 "Social and Medical History" (rev.
				6/2009)
(b) The JFS 01673A "Child Characteristics Checklist for
				Foster Care and or Adoption" (rev. 12/2006).
(c) The JFS 01673 "Assessment for Child Placement
				(Homestudy)" (rev. 12/2014), or the JFS 01692 "Application for
				Adoption of a Foster Child" (rev. 12/2014) completed prior to the adoption
				of the child.
(D) If the PCSA determines that the child is eligible for
		  adoption assistance post-finalization, without a state hearing, the agency
		  shall process the application for adoption assistance, otherwise the PCSA shall
		  deny the JFS 01451 based on the application not being submitted prior to
		  finalization and provide the adoptive parent(s) with the
		  following:
(1) The JFS 04059
			 "Explanation of State Hearing Procedures" (rev. 1/2015).
(2) The JFS 07334
			 "Notice of Denial of your Application for Assistance" (rev.
			 9/2011).
(E) Upon receipt of the PCSA's denial of the JFS 01451, the
		  adoptive parent(s) may request a state hearing.
(F) If a state hearing decision determines that one or more of
		  the circumstances set forth in paragraph (A) of this rule were present, the
		  PCSA shall determine eligibility for AA after finalization and negotiate a JFS
		  01453 with the adoptive parent(s).
(G) If all of the conditions set forth in paragraphs (C) and (D)
		  of this rule are met, the effective date for current and future AA payments
		  shall be the date on which the JFS 01453 is signed by the PCSA and the adoptive
		  parent(s).