Odds and Ends

The Ohio Administrative Code rules for Title IV-E Adoption Assistance have been renumbered.

Ohio’s Title IV-E Adoption Assistance administrative rules (OAC) have been moved and renumbered. On January 2, 2025 the adoption assistance regulations in OAC Chapter 5101:2-49 were moved to OAC Chapter 5180:2-49. The rule numbers themselves did not change. For example rule 5101:2-49-03 dealing with special needs is now rule 5180:2-49-03. There were no changes in content, only the rule numbers. I think the adoption assistance rules were placed in a new chapter (5101:2-49) in order to place them under the administration of the new state Department of Children and Youth.

Question: Medicaid Coverage and IV-E Adoption Assistance

I received 2 questions last week regarding the connection between Title IV-E Adoption Assistance and Medicaid. Specifically, does Medicaid coverage for children with adoption assistance extend beyond the age of 18?

Medicaid coverage for adopted children is tied to eligibility for adoption assistance. Eligibility for adoption assistance confers “categorical” eligibility for Medicaid. So, if a child qualifies for IV-E Adoption Assistance beyond the age of 18, she will also be eligible for Medicaid.

The requirements for extending IV-E Adoption Assistance beyond the age of 18 can be found at Ohio Administrative Code rule 5180:2-49-04. See also, “Extending Title IV-E Adoption Assistance Beyond the Age of 18,” August 4, 2023 post.

Question: In negotiating an adoption assistance agreement, may a county agency inform the adoptive parents that it can’t afford a payment beyond the minimum of $350?

From a policy standpoint the answer is “no.” County agencies cannot absolve themselves of the requirement to negotiate an adoption assistance agreement based on a consideration of the child’s needs and family circumstances. County agencies may not use a “we don’t have the money” argument as grounds for refusing to negotiate. On the other hand, some agencies may actually resort to this practice without acknowledging they are doing so.