(A) The 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 a JFS 01050 "Application for Post Adoption Special Services Subsidy," JFS 01051 "Application for Additional Post Adoption Special Services Subsidy (PASSS) Funding for Extraordinary Circumstances," and JFS 04059 "Explanation of State Hearing Procedures" within five days to any adoptive parent who resides in Ohio;

(2) Within fifteen days of the date stamped by the public children services agency (PCSA) indicating receipt of the JFS 01050 and JFS 01051, if applicable, 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; and

(4) Submit a copy of all approved and denied JFS 01050s and a copy of all JFS 01051s to the Ohio department of job and family services (ODJFS) within ten days following the approval or denial of the JFS 01050. If the JFS 01051 is submitted after the JFS 01050 has been approved, the PCSA shall forward the JFS 01051 to ODJFS within ten days of receipt.

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

(1) File the JFS 01050, JFS 01051, if applicable, and accompanying documentation with the PCSA in the county in which the applicant and child reside;

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

(C) The PCSA shall form a post adoption subsidy review committee composed of a minimum of three persons: 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 persons 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 and recommend the services and level of funding to be provided by the PASSS program to the PCSA executive director or designee. 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 of an Ohio licensed or certified counselor, physician, psychiatrist, psychologist or licensed independent social worker (LISW). The LISW shall not be an employee of the custodial agency or an employee of the agency providing post adoption special services to the child. If such services are for a child not residing in the home, the requested services must focus on specific reunification goals that enable the child to return home;

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

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

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

(2) Whether the application requirements of paragraphs (C) of rule 5101:2-44-13.1 are met; and

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

(F) 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.

(G) 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 must be defined in the PCSA's adoption policy and must set out the alternative procedure and explain when the alternative review process may be used.

(H) 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. 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. The PCSA executive director, or designee, shall provide written notice on the JFS 04074 "Notice of Approval of Your Application for Assistance" or the JFS 07334 "Notice of Denial of Your Application for Assistance" to the applicant within three days of the decision to approve or deny the application. The notice shall contain the services, amount and effective date of funding approved, a reason for denial if funding is not approved and information regarding the applicant's right to a state hearing pursuant to section 5101.35 of the Revised Code and division level designation 5101:6 of the Administrative Code. The PCSA shall document the state hearing review process in the agency's adoption policy.

(I) 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 1 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.

(J) 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.

(K) PASSS funds shall not supplant medicaid funding if the child is eligible for coverage under the medicaid program. If the child is not eligible for medicaid and the services requested by the family are not covered under the family's insurance, the PCSA may consider approving the services requested. The amount funded shall not exceed the amount paid for the same service provided by a medicaid provider. The services provided must be documented in the written statement by a qualified professional, as referenced in paragraph (D)(1) of rule 5101:2-44-13.1 of the Administrative Code.

(L) ODJFS will reimburse the PCSA up to ninety-five per cent of the total for each invoice received by the PCSA for applications that comply with this rule. If the PCSA has waived the five per cent requirement pursuant to rule 5101:2-44-13.1 of the Administrative Code, ODJFS will reimburse the PCSA one hundred per cent of the total for each invoice received by the PCSA for applications that comply with this rule. All invoices submitted for reimbursement that comply with this rule will be paid by ODJFS if submitted by the PCSA on the JFS 02820 "Monthly Financial Statement-Disbursement-Childrens Services Funds" no later than August 20th after the close of the state fiscal year in which the applications were approved. 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.

(M) The PCSA shall submit a copy of the JFS 01050 and all approved and denied JFS 01050As to ODJFS within ten days following the approval or denial. 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. The PCSA shall notify the family, within five days, of its intent to release these funds for that quarter unless the family provides adequate justification as to why the funds were not used.

If the PCSA does not accept justification offered by the family, families shall then provide invoices from that time period and for all future time periods to the PCSA within twenty days of receipt of the notice of the PCSA's lack of acceptance.

Should the family not provide invoices to the PCSA within this twenty day period, the PCSA shall release the funds in question immediately to ODJFS on the JFS 01050A and the family is responsible for the payment. If the PCSA releases the funds, it shall provide the family information regarding their right to a state hearing pursuant to section 5101.35 of the Revised Code and division level designation 5101:6 of the Administrative Code.

Rule promulgated under:  RC 119.03

Rule authorized by:  RC 5153.163

Rule amplifies:  RC 5153.163
R.C. 119.032 review dates: 02/01/2009

Editor's Note: Effective July 1, 2004, this rule, in conjunction with rule 5101:2-44-13.1, replaces rules 5101:2-44-07.1, which regarded post adoption special services subsidies