The $20,000 Ohio Adoption Grant, Some Comments and Questions

Special Needs Requirements

If I Have Custody Instead of the County Agency Can My Child Qualify for a Special Needs Adoption Grant?

Yes.  The text of the statute and temporary emergency rule OAC 5101:2-44-15 establish separate grant categories for:

• Adoptions by Foster Caregivers ($15,000) and,

• Special Needs Adoptions ($20,000)

Any parent adopting a child in 2023 is potentially eligible for a $20,000 grant if the child’s condition is consistent with one of the special needs categories defined in the program.  In addition to public agency adoptions through the foster care system, relative adoptions, independent adoptions, private agency adoptions, even international adoptions are potentially eligible.

The $15,000 grants are limited to foster caregivers who adopt children that do not meet one of the special need requirements required by the program.  Foster caregivers who adopt children that do meet one of the special needs requirements are potentially eligible for a $20,000 grant.

Note: The interpretation above has been confirmed by Ohio Department of Job and Family Services (ODJFS) administrators in charge of the program.

Some Questions About Special Needs

The special needs requirements for Ohio’s Title IV-E Adoption Assistance are set forth in rule 5101:2-49-03 of the Ohio Administrative Code (OAC).  They can be divided into two types:

a. Disorders including medical, developmental, mental health, learning and other problems, and

b. Situations such as sibling membership, minority status, age and time in foster care.

In order to qualify for a $20,000 grant from Ohio’s one time Adoption Grant program, children must meet one of the special needs categories consisting of medical, developmental, mental health or other disabilities. Instead of referring to existing adoption assistance categories in OAC 5101:2-49-03, however, the Ohio Adoption Grant program relies on a similar sounding, but separate set of special needs requirements.   See “Ohio Adoption Grant Program Became Effective on April 7.”

This raises questions about how the special needs status of children will be determined in the grant program.  With respect to adoption assistance, a child’s special needs status is established while he or she is in foster care and is rarely a source of dispute.  Applications for Ohio Adoption Grants are submitted on behalf of children whose adoption are finalized. Most of the former foster children will be receiving adoption assistance by virtue of their special needs status. 

Could a child who is receiving adoption assistance based on a developmental, medical condition or other disorder fail to qualify for a $20,000 grant because the special needs criteria in the grant program are more stringent? Right now, I don’t know. Here are the special needs categories in the Ohio Adoption Grant program, along with some of the questions they raise.

First, is it necessary for the parents to provide documentation that their child fits a specific diagnostic category in one of the following classes of special needs?

a. Developmental Disabilities.  The developmental disabilities category relies on the lengthy definition in Ohio Revised Code ORC 5123.01(Q).  What are examples of approved special needs determinations and examples in which a child would fail to meet the special needs disability standard? What would function as the key criteria in those examples?

b. A Physical or Mental Impairment that substantially limits one or more major life activities.  What are the major life activities?  What are examples of impairments that substantially limit a major life activity as opposed to those that do not?

c. Any Physiological Disorder or Condition, Cosmetic Disfigurement, or Anatomical Loss Affecting One or More body systems.  What would stand as examples of such disorders or conditions?

d. Any Medical or Psychological Disorder.  What are some examples of mental or psychological disorders that would satisfy the special needs requirement?  

e. A Medical Condition Causing Distress, Pain, Dysfunction or Social Problems as diagnosed by a qualified professional that results in ongoing medical treatment.  What are some examples of mental or psychological disorders that would satisfy the special needs requirement?  

Note: The Special Needs Definitions for the Ohio Adoption Grant program may be found on the JFS 01058-1 form. All of the forms may be accessed through the “Ohio Adoption Grant Program Became Effective on April 7” post.

My initial impression is that some of these special needs categories appear to be more stringent than the special needs categories in the adoption assistance program. But this is a brand-new program and we will have to see how special needs determinations are actually made. 

Guidance

For guidance on the application process, go to at AdoptionGrant.ohio.gov. With regard to special needs determinations required on applications for $20,000 grants, I would contact the ODJFS Office of Children and Families by e-mail at ocf-adoptiongrant@jfs.ohio.gov. Feel free to raise questions about the criteria for special needs and the documentation required to verify a particular special needs condition

Tell Me About Your Experiences

I would like to put together some guidance featuring criteria and examples of successful special needs applications to the Ohio Adoption Grant program. I would greatly appreciate hearing about your experiences in any way you feel comfortable recounting them. I will initiate a Chat thread on this topic.