Ohio Administrative Code|Rule 5101:2-49-11 | Suspension of Title IV-E adoption assistance (AA) payment.

                                                

(A) The public children services agency
(PCSA) that entered into the AA agreement after February 14, 2018, may suspend
the AA payment when all of the following are met:

(1) The PCSA cannot
establish contact with the adoptive parent(s) to determine if the adoptive
parent(s) are legally responsible for the support of the child.

(2) The PCSA can document
concerted efforts that were made to contact the adoptive parent(s) to determine
what support is provided to the child. Concerted efforts include various
methods to make contact with the adoptive parent(s) such as telephone calls,
mailings, text, emails, and face-to-face.

(3) The AA agreement or
amended AA agreement shall include the provisions of suspension.

(B) When the PCSA proposes to suspend AA
payment, the PCSA shall provide the adoptive parent(s) with the
following:

(1) A written notice that
the PCSA intends to suspend AA payments.

(2) The reason(s) for the
intended suspension.

(3) The adoptive
parent(s) right to a state hearing.

(4) The state hearing
shall be requested within fifteen days from the mailing date of the notice in
accordance with provisions set forth in Chapters 5101:6-1 to 5101:6-9 of the
Administrative Code.

(5) When the AA payment
is suspended, the adoptive parent(s) has ninety days to make contact and
provide documentation of support.

(C) If a state hearing is requested
timely, within fifteen days, the AA payment shall continue until a state
hearing decision is issued.

(D) If no state hearing is requested timely, within fifteen
days, the AA payments shall be suspended.

(E) If a state hearing is requested and
the state hearing decision is favorable to the adoptive parent(s), AA payments
shall continue in accordance with the terms of the AA agreement or an amended
agreement may be entered into by mutual agreement.

(F) If the PCSA has suspended an AA
payment, the PCSA shall follow the procedures as outlined in rule 5101:2-49-13
of the Administrative Code.

(G) If the adoptive parent(s) contacts
the PCSA while the AA payment is suspended and can provide documentation that
meets the ongoing verification requirement to show continued support of the
child, AA payments may be reinstated retroactive back to the date of
suspension, unless the PCSA has terminated the AA payment pursuant to rule
5101:2-49-13 of the Administrative Code.

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Jan 24, 2020

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Hon. Sherry L. Glass Trellis Spinner 👉 Discover key insights by exploring more analytics for Sherry L. Glass

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Lorain County

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Lorain County, OH

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