Ohio Code 5101.1416 – Kinship guardianship assistance
(A) Not later than nine months after the effective date of this section , the director of job and family services shall submit an amendment to the state plan required by 42 U.S.C. § 671 to the United States secretary of health and human services to implement 42 U.S.C. § 673(d) to provide kinship guardianship assistance under Title IV-E on behalf of a child to a relative who meets the following requirements:
Terms Used In Ohio Code 5101.1416
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Child: includes child by adoption. See Ohio Code 1.59
- Probate: Proving a will
- state: means the state of Ohio. See Ohio Code 1.59
- United States: includes all the states. See Ohio Code 1.59
(1) The relative has cared for the eligible child pursuant to division (B) of this section as a foster caregiver as defined by section 5103.02 of the Revised Code for at least six consecutive months.
(2) Both of the following apply:
(a) A juvenile court issued an order granting legal custody of the child to the relative, or a probate court issued an order granting guardianship of the child to the relative, and the order is not a temporary court order.
(b) The relative has committed to care for the child on a permanent basis.
(3) The relative signs a kinship guardianship assistance agreement required by 42 U.S.C. § 673.
(B) A child is an eligible child for kinship guardianship assistance under this section if the following are met:
(1) The child has been removed from his or her home pursuant to a voluntary placement agreement or as a result of a judicial determination to the effect that continuation in the home would be contrary to the welfare of the child.
(2) The child has been eligible for foster care maintenance payments under section 5101.141 of the Revised Code while residing for at least six consecutive months in the home of a relative described in division (A) of this section.
(3) Returning the child home or adoption of the child are not appropriate permanency options for the child.
(4) The child demonstrates a strong attachment to the child’s relative described in division (A) of this section and the relative has a strong commitment to caring permanently for the child.
(5) With respect to a child who has attained fourteen years of age, the child has been consulted regarding the kinship guardianship arrangement.
Last updated September 9, 2021 at 4:00 PM