The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
S. B. No. 152 As IntroducedAs Introduced
|129th General Assembly|
Senators Cafaro, Turner, Smith, Brown, Skindell
To amend section 5101.802 of the Revised Code to
extend from 36 months to 60 months the period over
which permanency incentive payments may be made to
a child's kinship caregiver.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 5101.802 of the Revised Code be
amended to read as follows:
Sec. 5101.802. (A) As used in this section:
(1) "Custodian," "guardian," and "minor child" have the same
meanings as in section 5107.02 of the Revised Code.
(2) "Federal poverty guidelines" has the same meaning as in
section 5101.46 of the Revised Code.
(3) "Kinship caregiver" has the same meaning as in section
5101.85 of the Revised Code.
(B) Subject to division (E) of section 5101.801 of the
Revised Code, there is hereby created the kinship permanency
incentive program to promote permanency for a minor child in the
legal and physical custody of a kinship caregiver. The program
shall provide an initial one-time incentive payment to the kinship
caregiver to defray the costs of initial placement of the minor
child in the kinship caregiver's home. The program may provide
additional permanency incentive payments for the minor child at
six month intervals for a total period not to exceed
(C) A kinship caregiver may participate in the program if all
of the following requirements are met:
(1) The kinship caregiver applies to a public children
services agency in accordance with the application process
established in rules authorized by division (E) of this section;
(2) Not earlier than July 1, 2005, a juvenile court issues an
order granting legal custody to the kinship caregiver, or a
probate court grants guardianship to the kinship caregiver, except
that a temporary court order is not sufficient to meet this
(3) The kinship caregiver is either the minor child's
custodian or guardian;
(4) The minor child resides with the kinship caregiver
pursuant to a placement approval process established in rules
authorized by division (E) of this section;
(5) Excluding any income excluded under rules adopted under
division (E) of this section, the gross income of the kinship
caregiver's family, including the minor child, does not exceed
three hundred per cent of the federal poverty guidelines.
(D) Public children services agencies shall make initial and
ongoing eligibility determinations for the kinship permanency
incentive program in accordance with rules authorized by division
(E) of this section. The director of job and family services shall
supervise public children services agencies' duties under this
(E) The director of job and family services shall adopt rules
under division (C) of section 5101.801 of the Revised Code as
necessary to implement the kinship permanency incentive program.
The rules shall establish all of the following:
(1) The application process for the program;
(2) The placement approval process through which a minor
child is placed with a kinship caregiver for the kinship caregiver
to be eligible for the program;
(3) The initial and ongoing eligibility determination process
for the program, including the computation of income eligibility;
(4) The amount of the incentive payments provided under the
(5) The method by which the incentive payments are provided
to a kinship caregiver.
(F) The amendments made to this section by Am. Sub. H.B. 119
of the 127th general assembly shall not affect the eligibility of
any kinship caregiver whose eligibility was established before
the effective date of the amendments June 30, 2007.
Section 2. That existing section 5101.802 of the Revised Code
is hereby repealed.