Looking Ahead

Rules for One-Time Grants and House Bill %

One Time Adoption Grants

The 2022 legislation awarding one-time grants for parents adopting Ohio children in 2023 went into effect on April 1. (See “Most Parents Adopting Ohio Children in 2023 Are Eligible for One-Time Grants,” Mar ch 10, 2023). At this writing, the Ohio Department of Job and Family Services (ODJFS) has not yet finalized administrative rules implementing the law. I think they are expected sometime this month. I plan to keep track of them.

The rules should clarify procedures for grant applications and answer some substantive questions that have been raised, such as:

Are families who adopt an Ohio child, but live in other state, eligible?

Presumably, yes.

Will the state and county agencies apply the special needs definitions for Title IV-E Adoption Assistance in OAC rule 5101:2-49-03?

Hopefully, yes. The addition of another set of special needs definitions would add a layer of unnecessary confusion and conflict. As a qualifying standard for Adoption Assistance eligibility, identifying a child’s special needs is both accurate and largely uncontroversial in Ohio.

Will permanent Kin Guardianships be eligible for one-time grants?

Kin Guardianships are not mentioned in the text of the law, so it appears that they are not included. But the forthcoming rules should provide a definitive answer.

A Bill to “Modernize the Adoption Process”

As introduced, Ohio House Bill HB 5 expresses and intent to “modernize” adoption in Ohio. The measure has bi-partisan sponsorship, Republican Representative Sharon A. Ray (District 66-Wadsworth) and Democratic Representative Rachel B. Baker (District 27-Cincinnati).

HB 5 has been assigned to the House Families and Aging Committee, but, interestingly, there is no text. The curious term “Modernize” is not defined. I am guessing that part of the legislation will be devoted to infant adoptions in response to more restrictive abortion laws triggered by the Supreme Court’s 2022 Dobbs decision.

Infant adoptions often arranged by attorneys and agency adoptions from the foster care system, of course, operate in different worlds. I wouldn’t be at all surprised if the bill also addressed special needs adoptions from foster care. If so, there would be an opportunity to support needed reforms in the negotiation of adoption assistance, such as:

• Developing statewide guidelines for negotiation;

• Measures to narrow the enormous gap between foster care payments and adoption assistance;

• Procedures for settling disputes over adoption assistance payments, when agencies refuse to mediate in good faith or to abide by hearing decisions, and

• Comprehensive training in the IV-E Adoption Assistance program for foster and adoptive parents, county agencies and state hearing officers.

We will follow HB 5 as it develops. Parents will have an opportunity to contact their legislators on issues of concern.