Ohio's Families and Children Rule Review Site

5101:2-44-11 Termination of a state adoption maintenance subsidy.

This rule is no longer open for comment. However, here you can view an archived, read-only version of the rule and any associated comments.

Please note: This rule is being reviewed for the 5 year review; changes made to the rules will include deleting incorrect form numbers, inserting correct form numbers and updating the forms for clarification.

(A) The public children services agency (PCSA) shall terminate the state adoption maintenance subsidy (SAMS)if any of the following circumstances occur:

(1) The adoptive child's death.

(2) The adoptive parent is no longer legally responsible to financially support the child. An adoptive parent(s) is financially supporting the child if the adoptive parent(s) provides the child with shelter, food and clothing or child support. A parent is generally responsible for the support of a child who is under the age of eighteen or a child with a physical and/or mental disability who is under twenty-one years of age.

(3) The adoptive child does one of the following:

(a) Reaches the age of eighteen.

(b) Reaches age twenty-one and has been eligible because the child is mentally or physically disabled.

(4) The terms of the state adoption maintenance subsidy have been fulfilled.

(5) Six months have elapsed from the redetermination date and the adoptive parent fails to comply with a redetermination of eligibility pursuant to rule 5101:2-44-08 of the Administrative Code.

(6) The adoptive parent(s) requests termination.

(B) The PCSA shall send notification of the termination using the JFS 04065 "Prior Notice of the Right to a State Hearing" (rev. 5/2001) at least fifteen calendar days prior to the effective date of the termination and include the reason for the termination and the right to a state hearing pursuant to section 5101.35 of the Revised Code and division 5101:6 of the Administrative Code.

Effective: 05/29/2014
R.C. 119.032 review dates: 03/12/2014 and 05/01/2019
Promulgated Under: 119.03
Statutory Authority: 5101.35, 5153.163
Rule Amplifies: 5101.35, 5153.163
Prior Effective Dates: 10/2/80, 7/1/90, 5/1/03, 7/1/04, 5/1/09.
0I Agree4I Disagree
2) The adoptive parent is no longer legally responsible to financially supp...
Andrea Ginter
06-22-2018 (8:58am)
Do we want to look at the term "legally responsible". When are kids turn 18 and the parents ask for an extension, technically at 18 would the family really be "legally responsible"?? This may be a legal question. I would purpose to change it to say, "the family is no longer financially supporting the child".
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In regards to: 2) The adoptive parent is no longer legally responsible to financially support the child. An adoptive parent(s) is financially supporting the child if the adoptive parent(s) provides the child with shelter, food and clothing or child support. A parent is generally responsible for the support of a child who is under the age of eighteen or a child with a physical and/or mental disability who is under twenty-one years of age.