Age Related Provisions
Except as otherwise provided in this Act, each amendment made by this Act to
part B or E of title IV of the Social Security Act shall take effect on the date
of the enactment of this Act, and shall apply to payments under the part amended
for quarters beginning on or after the effective date of the amendment.
The necessity of the state legislature to enact a law to implement the changes in the adoption assistance program, constituted the only exception to the effective date of October 7, 2008.
Ohio Administrative Code (OAC) rule 5101:2-49-02(d)(ii) repeats the federal phase out provisions of the AFDC relatedness requirement in the federal law. It states:
a. During October 1, 2009 through September 30, 2010, the child turns or is
older than sixteen years of age and the PCSA and the adoptive parent(s)
enter into an AA agreement.
b. (b) During October 1, 2010 through September 30, 2011, the child turns or is older than fourteen years of age and the PCSA and the adoptive parent(s) enter into an AA agreement.
Removal from the Home of a Specified Relative
(A) For purposes of meeting the requirements of rule 5101:2-49-02(A)(7)(a) the child shall meet the aid to families with dependent children (AFDC) relatedness requirements authorized under Title IV-A of the Social Security Act as of July 16, 1996 if at the time of removal from the home of the specified relative, one of the following is met:
(1) The public children services agency (PCSA) filed a petition with the court requesting custody of the child. The first court order, including temporary order, removing the child from the home of the specified relative shall include a judicial determination that the child cannot or should not be returned to the home of his or her specified relative.
(2) The removal was a result of a court order that placed the child in the custody of the PCSA. The first court order, including temporary order, removing the child from the home of the specified relative shall include a judicial determination that the child cannot or should not be returned to the home of his or her specified relative.
If a child is not required to meet the AFDC relatedness requirement, the requirement that a child must be removed from the home of a specified relative does not apply.
Retroactive Effect of PUBLIC LAW 110–351 and OAC 5101:2-49-02
Other exemptions such as:
- Children residing in out of home placement for 60 consecutive months, or
- Children placed with a sibling who meets falls into one of the exempt categories
are also exempt.
Advice to Parents