130th Ohio General Assembly
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S. B. No. 152  As Introduced
As Introduced

129th General Assembly
Regular Session
2011-2012
S. B. No. 152


Senator Kearney 

Cosponsors: Senators Cafaro, Turner, Smith, Brown, Skindell 



A BILL
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 thirty-six sixty months.
(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 requirement;
(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 section.
(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 program;
(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.
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