Monday, June 18, 2012

Proposed Rule Changes to Prevent Dramatic Reductions in Adoption Assistance

Proposal to Amend OAC Rule 5101:2-49-05

Note: Underlined portions denote new proposed language. Strikethroughs indicate deletion of current language.

Proposed Amended Language

(A) The amount of the Title IV-E adoption assistance (AA) payment is determined by negotiation and mutual agreement between the adoptive parent(s) and the public children services agency (PCSA).  Negotiations shall be based on the needs of the child and the circumstances of the adoptive family.   Amendments to existing adoption assistance agreements as described in OAC 5101:2-49-12, shall follow the same negotiation process and the same negotiation criteria as the initial adoption assistance agreement.

(D) The maximum amount of the AA payment eligible for federal financial participation (FFP) shall not exceed the cost of the foster care maintenance (FCM) payment which was paid or would be paid if the child for whom the AA payment is made is was placed in a foster home suitable to the child's level of care as provided in paragraph (E). 

(E) To determine the amount the FCM payment would have been if the child had been placed in a foster home operated by the PCSA, the PCSA shall:

(1) Determine the monthly foster care board rate in effect for a the foster home the in which the child was placed or would be placed of  by the PCSA completing the AA agreement at the time the most current agreement or modification/amendment to an existing agreement is signed being negotiated and completed.

Reason: Dan Shook of ODJFS has stated his opinion that no adoption assistance payment may exceed the payment rate of a "county agency" foster home. To avoid dramatic reductions in future adoption assistance payments support this rule change.