Chapter 5101:2-47 Title IV-E Foster Care Maintenance

5101:2-47-01 Administration of the Title IV-E foster care maintenance program (FCM).

(A) The primary objectives of the Title IV-E program are:

(1) To reduce the number of children removed from their own homes for placement in substitute care.

(2) To improve the quality of care provided to children placed in substitute care.

(3) To return children from substitute care to their own homes as soon as possible.

(4) To facilitate the adoption of or other permanent placement for those children who cannot return to their own homes.

(B) The Ohio department of job and family services (ODJFS) is committed to ensuring the maximum number of children receiving assistance under the Title IV-E foster care maintenance (FCM) program at any time, who will remain in foster care after having been in such care for more than twenty-four months, is no more than twenty per cent of the total number of children who are reported in foster care during the preceding calendar year.

(1) The total number of children who are in foster care shall be determined from data collected by ODJFS in accordance with 45 C.F.R. 1355.40 (01/2012).

(2) This goal will be achieved by periodic monitoring and evaluation by ODJFS of agency case records and reports to ODJFS, with full realization no child eligible to receive assistance under the requirements of the Title IV-E program may be denied assistance on the basis of this goal.

(C) The Title IV-E agency is responsible for the administration of the (FCM) program. The Title IV-E agency may claim administrative expenditures for reimbursement only if Title IV-E FCM is a direct responsibility of the Title IV-E agency. The Title IV-E agency having responsibility for the placement and care of the child shall:

(1) Ensure the proper administration of funds, allocated or reimbursed.

(2) Determine eligibility for FCM program services.

(3) Maintain a separate FCM case record for each program eligible child in the legal responsibility of the Title IV-E agency.

(4) Assure that each child who has attained the minimum age for compulsory school attendance receiving FCM reimbursement is a full-time elementary or secondary school student. Full-time elementary or secondary school attendance includes the following:

(a) A child is enrolled, or in the process of enrolling in an institution providing elementary or secondary education.

(b) A child is instructed in elementary or secondary education at home in accordance with the home school law of the state where the home is located.

(c) A child in an independent study elementary or secondary education program in accordance with the law of the state where the program is located, which is administered by the local school or school district.

(d) A child is incapable of attending school on a full-time basis due to the medical condition of the child, and the incapability is supported by regularly updated information in the case plan of the child.

(5) Facilitate service planning and provision of services under the FCM program. Service planning and provision of services shall include but are not limited to:

(a) Placement prevention efforts.

(b) Determining the appropriateness of placement.

(c) Ensuring all procedural safeguards are provided.

(d) Case management.

(e) Family reunification efforts.

(f) Providing support to the child's caregivers.

(g) Discharge planning.

(h) Independent living.

(i) Referral to other programs as required or necessary, which include, but are not limited to supplemental security income (SSI), Title IV-D, Ohio works first, Title XIX (medicaid) and Title XX(social services block grant).

(D) Program eligibility and program reimbursability shall be concurrently achieved before Title IV-E FCM reimbursement for a child may be issued.

(1) "Program eligible" means both:

(a) The child met the ADC-relatedness standards, in effect on July 16, 1996 when he or she entered placement, as required in rules 5101:2-47-12 , 5101:2-47-14 and 5101:2-47-14.1 of the Administrative Code.

(b) The Title IV-E agency is legally responsible for the child's care in accordance with rule 5101:2-47-13 of the Administrative Code.

(2) "Program reimbursable" means federal financial participation (FFP) is available for a child meeting the requirements set forth in rules 5101:2-47-13 , 5101:2-47-16 , and 5101:2-47-22 of the Administrative Code.

(E) Reimbursements for FCM shall be at the current rate of federal financial participation (FFP). The Title IV-E agency is responsible for the nonfederal share of all basic FCM payments made by the agency. Local or state funds may be used as the agency's match for the nonfederal share. FFP is available for a portion of the maintenance costs of program eligible and reimbursable children placed in substitute care.

(F) Maintenance costs include the following:

(1) Food.

(2) Clothing.

(3) Shelter.

(4) Daily supervision.

(5) School supplies.

(6) Personal incidentals.

(7) Liability insurance with respect to the child.

(8) Reasonable cost of travel for the child's visitation with family or other caregivers.

(9) Reasonable cost of travel for the child to remain in the school the child was enrolled prior to placement in foster care.

(10) In the case of residential facility care, the reasonable costs of administration and operation of such facility as are necessary and required to provide the maintenance costs.

(G) The Title IV-E agency is responsible for the nonfederal share of certain medicaid administrative costs for children in it's care and Title IV-E administrative and training costs.

(1) Title IV-E administrative costs are subject to the requirements of rule 5101:9-6-28 of the Administrative Code. Administrative costs charged to Title IV-E shall not be charged concurrently to another federal program. Reimbursement shall be at the prevailing FFP.

(2) FFP is available for a portion of the administrative costs associated with program eligible and reimbursable children placed in substitute care.

(3) Administration costs include the following:

(a) Overhead costs associated with administering the Title IV-E program.

(b) The costs of providing case management.

(c) The costs of travel for the child's judicial or case review.

(4) To claim reimbursement for Title IV-E administrative costs, each Title IV-E agency shall participate in the social service random moment study (SSRMS) as described in rule 5101:9-7-20 of the Administrative Code.

(H) Training costs are chargeable to Title IV-E. Training shall be related to child welfare services and charged in proportion to the percentage of Title IV-E eligible children. Reimbursement for training costs will be at the prevailing FFP. Training costs include:

(1) Salary.

(2) Travel to training.

(3) Per diem.

(4) Costs associated with a worker engaged in or preparing for training, either as a trainer for other agency staff or a trainee.

(I) A child receiving Title IV-E FCM reimbursements is eligible for Title XIX and Title XX services in the state he or she resides, regardless of whether it is the same state making the FCM reimbursement.

(J) A child for whom an FCM reimbursement is received shall be placed in the least restrictive, most family-like setting available and in close proximity to the parental home, consistent with the best interests and special needs of the child.

(K) The Title IV-E agency shall submit the following information to ODJFS:

(1) The "Children Services Statistical Report" in the statewide automated child welfare information system (SACWIS).

(2) The JFS 02820 "Children Services Quarterly Financial Statement" (rev. 10/2011) and if applicable, a JFS 02827 "CFIS Local Agency Quarterly Financial Statement" (rev. 10/2011).

(3) The JFS 01975 "Annual Foster Care Maintenance and Adoption Assistance Survey" (rev. 2/2007) by March first of each year.

(a) The JFS 01975 shall be certified as true and correct by the director or executive secretary, as appropriate, of the agency.

(b) The Title IV-E agency shall keep ODJFS advised of any changes in these rates through the submission of a revised JFS 01975.

(L) If the Title IV-E agency fails to comply with paragraphs (G), (H) and (K) of this rule, then compensation for Title IV-E administrative and training reimbursement will be decreased or delayed.

(M) Cost reporting and reimbursement procedures contained in Chapters 5101:9-7 and 5101:2-47 of the Administrative Code shall apply with regard to the Title IV-E program. Expenditures are subject to audit and audit findings. Findings due to agency error will result in recovery of funds against the agency.

(N) The JFS 02911 "Title IV-E Single Cost Report" (rev. 7/2013) is subject to audit and audit findings whether submitted by public or private agencies. Any overpayment or underpayment of federal funds to the Title IV-E agency due to adjustments of cost report amounts as a result of an audit, shall be recovered or paid to the Title IV-E agency utilizing the public or private agency's services.

Effective: 05/01/2014
R.C. 119.032 review dates: 01/23/2014 and 05/01/2019
Promulgated Under: 119.03
Statutory Authority: 5101.11 , 5101.141 , 5153.166 , 5103.03
Rule Amplifies: 5101.11 , 5101.141 , 5153.166 , 5103.03
Prior Effective Dates: 1/1/83, 1/4/83, 9/30/85 (Emer.)12/22/85, 4/1/86 (Emer.), 7/1/86, 9/10/86 (Emer.), 11/16/86, 7/2/87, 4/15/88 (Emer.), 7/11/88, 9/1/88, 9/1/92, 3/20/93, 5/1/98, 9/1/03, 7/1/04, 9/1/09

5101:2-47-02 Foster care maintenance program. [Rescinded].

Rescinded eff 9-1-09

5101:2-47-03 Administrative overview: Adoption assistance. [Rescinded].

Rescinded eff 1-1-07

5101:2-47-03.1 Qualified and disqualified alien eligibility for foster care maintenance and independent living services.

(A) Effective August 22, 1996, foster care maintenance (FCM) reimbursements and independent living services as defined in Chapter 5101:2-47 of the Administrative Code may be paid on behalf of a child who meets the definition of a qualified alien in rule 5101:2-1-01 of the Administrative Code.

(B) A child who is a qualified alien, entering the United States on or after August 22, 1996, and is placed in foster care shall be required to live in the United States for five years before there is eligibility for FCM or independent living services. A child , who is in one of the following categories, is exempted from the residency requirement:

(1) A child placed with a foster caregiver who is a United States citizen or a qualified alien.

(2) An alien admitted to the United States as a refugee under the Immigration and Nationality Act (INA) 8 U.S.C., 1157 (05/2005).

(3) An alien who is granted asylum under the INA.

(4) An alien whose deportation is being withheld under the INA.

(5) Cuban/Haitian entrants, as defined in section 501(e) of the Refugee Education Assistance Act of 1980, Pub. L. No. 96-422.

(6) Amerasian immigrants admitted to the United States pursuant to section 584 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act of 1988, Pub. L. No. 100-202.

(C) In any case where the child is a qualified alien disqualified under section 245A (H), 210 (F) or 210 (D)(7) of the INA from meeting eligibility requirements for the Aid to Dependent Children (ADC) program in effect on July 16, 1996, as defined in rule 5101:2-47-14.1 of the Administrative Code, in the month in which a JFS 01645 "Agreement for Temporary Custody of Child (rev. 4/2006)" was entered into or court proceedings leading to the removal of the child from the home of a specified relative were initiated, such child is eligible to receive Title IV-E FCM payments if the child would have otherwise met the requirements of Chapter 5101:2-47 of the Administrative Code.

(D) An individual who meets the definition of a qualified alien in rule 5101:2-1-01 of the Administrative Code, is eligible to become a foster caregiver and receive Title IV-E FCM or independent living services for an eligible child.

(E) An individual who does not meet the definition of a qualified alien in rule 5101:2-1-01 of the Administrative Code is an unqualified alien. An unqualified alien is eligible to become a foster caregiver and receive Title IV-E FCM or independent living services for an eligible child who entered the United States on or after August 22, 1996, and the child is a United States citizen or is in one of the accepted groups as defined in paragraph (B) of this rule, or has lived in the United States as a qualified alien for five years.

(F) A child who is a qualified alien and is eligible for Title IV-E FCM shall be eligible for Title XIX medicaid coverage.

(G) Citizenship or immigration status must be verified in the following cases:

(1) For all children in receipt of Title IV-E FCM payments or independent living services.

(2) For the foster caregiver with whom the qualified alien child is placed.

Effective: 06/01/2012
R.C. 119.032 review dates: 01/31/2012 and 06/01/2017
Promulgated Under: 119.03
Statutory Authority: 5101.141
Rule Amplifies: 5101.141 , 5153.16
Prior Effective Dates: 2/15/2002, 4/23/2007

5101:2-47-04 Intercounty and interstate case management responsibility for foster care maintenance.

(A) The Title IV-E agency that holds legal responsibility as defined in rule 5101:2-47-13 of the Administrative Code for the care and placement of the child retains responsibility for the management of the foster care maintenance (FCM) case regardless of where the biological family is living or where the child is placed.

(B) When legal responsibility for the care and placement is transferred to an agency in another county, the FCM case shall be transferred to the new agency.

(C) When a child receiving FCM moves or is placed from one state to another, Title XIX medicaid services will be provided by the state where the child is placed, and Title XX social services block grant services will be provided by the county where the child is placed. The child's placement must be made in accordance with the requirements of the interstate compact on the placement of children (ICPC) contained in Chapter 5101:2-52 of the Administrative Code.

(D) When a Title IV-E agency places a Title IV-E FCM eligible child in another Ohio county, , the child will be provided with Title XX services by the county where the child is placed , in accordance with that county's Title XX plan.

(E) When legal responsibility for the care and placement of a child is transferred from the Title IV-E agency to a private child placing agency (PCPA), the child is no longer eligible for FCM.

Effective: 06/01/2012
R.C. 119.032 review dates: 01/31/2012 and 06/01/2017
Promulgated Under: 119.03
Statutory Authority: 5103.03 , 5153.16 , 5101.141
Rule Amplifies: 5103.03 , 5153.16 , 5101.141
Prior Effective Dates: 1/1/83, 4/1/86 (Emer.), 7/1/86, 7/2/87, 5/01/1998, 4/23/2007

5101:2-47-05 Title XIX medicaid coverage for Title IV-E foster care maintenance (FCM) recipients in accordance with the Consolidated Omnibus Budget Reconciliation Act (COBRA).

(A) Children placed outside Ohio

(1) Within twenty business days after a Title IV-E foster care maintenance (FCM) eligible child's placement out of state, the Ohio Title IV-E agency must take the following actions to transfer Title XIX medicaid coverage to the Title XIX medicaid authority in the state where the child has been placed:

(a) Provide written notifications to the responsible Title XIX medicaid authority in the state in which the child is placed, of Ohio's intent to terminate the medicaid coverage. Notification shall, at a minimum, include the following:

(i) The proposed effective termination date of Ohio's Title XIX medicaid coverage.

(ii) A statement that the out of state agency will continue to receive Title IV-E FCM payments on the child's behalf and the Title XIX medicaid coverage will be provided by the state where the child is placed.

(b) Request written notification of the effective date of Title XIX medicaid coverage from the Title IV-E agency where the child is placed.

(c) Inform the out of state custodial agency of its right to a state hearing in accordance with Chapters 5101:6-1 to 5101:6-9 and rule 5101:6-3-01 of the Administrative Code.

(d) Terminate the Title XIX medicaid coverage in the statewide automated child welfare information system (SACWIS) using the date the out of state Title XIX medicaid coverage begins.

(2) Once every twelve months, provide the responsible Title XIX medicaid authority in the state where the child is placed, with verification of the child continuing to be eligible and reimbursable for Title IV-E FCM.

(3) When the child is not Title IV-E program eligible and reimbursable, provide written notification, within twenty business days of the determination, to the Title XIX medicaid authority in the state where the child is placed.

(B) Children placed in Ohio from another state

(1) Within twenty business days after being notified by a custodial agency from the other state that a Title IV-E FCM eligible child has been placed in Ohio, the following actions must be taken in order to authorize Title XIX medicaid coverage:

(a) The Ohio Title IV-E agency must obtain the following information, in writing, from the custodial agency in another state:

(i) The child's name, social security number and date of birth.

(ii) The substitute care provider's name and address.

(iii) The address where the medicaid card should be sent.

(iv) Verification of eligibility for Title IV-E FCM, which may include an approved Title IV-E FCM application.

(v) The name, address and phone number of a contact person at the custodial agency in another state with Title IV-E case management responsibility.

(vi) The date Title XIX medicaid coverage in the state where the child is placed from will be terminated.

(vii) Any additional information regarding other health insurance coverage the child may have, including third-party liability.

(b) The Ohio Title IV-E agency must enter the appropriate COBRA Title IV-E FCM information in SACWIS which will authorize medicaid coverage.

(c) The Ohio Title IV-E agency must provide written notification of the effective date of Title XIX medicaid coverage to the custodial agency.

(d) The Ohio Title IV-E agency must complete the JFS 06612 "Health Insurance Information Sheet" (rev. 5/2001), if there is information that the child is covered under a health insurance plan.

(2) Once every twelve months, the Ohio Title IV-E agency shall request verification of continuing Title IV-E FCM eligibility and reimbursability from the custodial agency in the state making Title IV-E FCM payments on behalf of a child placed in Ohio. Upon notification from the custodial agency that the child does not meet Title IV-E program eligibility and reimbursability criteria, the Ohio Title IV-E agency shall take steps to:

(a) Terminate Title XIX medicaid coverage in SACWIS and follow the procedures outlined in Chapters 5101:6-1 to 5101:6-9 of the Administrative Code, in particular, rule 5101:6-3-01 of the Administrative Code.

(b) Advise the custodial agency that Ohio Title XIX medicaid coverage on behalf of the child may be explored.

(C) The Title IV-E agency shall maintain a separate case record for each Title IV-E FCM recipient who is placed in Ohio by an out of state custodial agency. At a minimum, the case record shall contain all of the information required in paragraph (D) of this rule.

(D) A child who is eligible for Title IV-E FCM in Ohio shall not be denied Title XIX medicaid coverage if the other state does not make Title XIX medicaid coverage available.

Replaces: 5101:2-47-05

Effective: 06/01/2013
R.C. 119.032 review dates: 06/01/2018
Promulgated Under: 119.03
Statutory Authority: 5153.16 , 5101.141 , 5103.03
Rule Amplifies: 5103.03 , 5153.16 , 5101.141
Prior Effective Dates: 9/30/87 (Emer.), 12/27/87, 5/1/98, 9/1/03, 10/8/07

5101:2-47-06 Administrative procedure: Title XIX medical coverage for Title IV-E adoption assistance eligible children (COBRA). [Rescinded].

Rescinded eff 1-1-07

5101:2-47-07 Notice of right to a hearing for foster care maintenance.

(A) The Title IV-E agency shall be afforded the same opportunity for a state hearing as any other applicant/recipient of public assistance.

(B) The affected Title IV-E agency shall receive notice and copies of all materials related to state hearings as do other applicants/recipients of public assistance.

(C) All provisions of Chapters 5101:6-1 to 5101:6-9 of the Administrative Code apply to the administration of the foster care maintenance program.

R.C. 119.032 review dates: 01/31/2012 and 01/01/2017
Promulgated Under: 119.03
Statutory Authority: 5103.03 , 5153.16 , 5101.141
Rule Amplifies: 5103.03 , 5153.16 , 5101.141
Prior Effective Dates: 5/1/98, 4/23/07

5101:2-47-08 Required application/update for Title IV-D (child support) services and referrals to Title IV-A (public assistance); healthchek; third party insurance; and supplemental security income (SSI).

(A) The Title IV-E agency as defined in rule 5101:2-1-01 of the Administrative Code shall:

(1) Complete the JFS 01435 "Title IV-E agency application/update for child support services" (rev. 4/2006) for all Title IV-E foster care maintenance (FCM) eligible children, except where parental rights have been terminated by court order or permanent surrender.

The Title IV-E agency may also make an application for FCM non-eligible children.

(2) Assign child support rights to the Ohio department of job and family services (ODJFS) for Title IV-E FCM children through the JFS 01435 within thirty business days of the date the Title IV-E agency obtains legal responsibility for the care and placement of the child.

(a) Assignment of child support will be effective the first day of the calendar month in which all Title IV-E eligibility criteria are met.

(b) Assignment of child support will terminate the last day of the calendar month in which the agency's temporary custody of the child is terminated.

(3) Send any court orders and other verifications available with the JFS 01435 to the Title IV-D agency as defined in rule 5101:12-1-01 of the Administrative Code in the county in which the child was removed from the home.

(4) Send an updated JFS 01435 and any court orders upon verification of any changes in the circumstances of the child or parent(s).

(B) The Title IV-D agency shall:

(1) Determine the county with the administrative responsibility for the child support order and forward the JFS 01435 to the Title IV-D agency with the administrative responsibility.

(2) Pursue and establish paternity, court orders, or enforce existing orders.

(3) Assist the Title IV-E agency in securing support payments and medical support from the parent(s) on behalf of the child.

(4) All child support payments shall be collected and disbursed by the office of child support within the Ohio department of job and family services through the child support payment central (CSPC) process.

(5) If the Title IV-E eligible child was a recipient of Ohio works first prior to entry into substitute care, then a new assignment of support rights is needed.

(C) The Title IV-E agency must provide written notification to the county department of job and family services (CDJFS) Title IV-A agency or unit within ten business days of a child entering legal responsibility.

(D) The CDJFS Title IV-A worker is responsible for furnishing information pertinent to eligibility that may be available in existing Title IV-A records, no later than ten business days after receipt of a written request by the Title IV-E agency.

(E) The Title IV-E agency is responsible for completing the JFS 03528 "Healthchek and Pregnancy related services information sheet" (rev. 5/2011) for each Title IV-E FCM eligible child pursuant to rule 5101:2-42-66.1 of the Administrative Code.

(F) The Title IV-E agency shall:

(1) Attempt to determine if the parent(s), guardian, or custodian has health care insurance coverage available to every Title IV-E FCM eligible child. If such insurance coverage is available, the Title IV-E agency must complete the JFS 06612 "Health Insurance Information Sheet" (rev.6/2009).

(2) Complete the JFS 06613 "Accident/Injury Insurance Information Form" (rev. 7/2003) for every Title IV-E FCM eligible child who is involved in an accident where there may be third party liability.

(3) Consider making application to the regional office of the social security administration (SSA) for supplemental security income (SSI) benefits for every child. The Title IV-E agency may receive Title IV-E FCM reimbursements and SSI benefits concurrently pursuant to rule 5101:2-47-12 of the Administrative Code.

Replaces: 5101:2-47-08

Effective: 06/01/2012
R.C. 119.032 review dates: 06/01/2017
Promulgated Under: 119.03
Statutory Authority: 5103.03 , 5153.16 , 5101.141
Rule Amplifies: 5103.03 , 5153.16 , 5101.141
Prior Effective Dates: 1/1/83, 4/1/86 (Emer.), 7/1/86, 7/2/87, 9/1/88, 4/1/92, 9/1/92, 5/1/98, 9/1/03, 6/1/06, 9/15/08

5101:2-47-09 Case record requirements for foster care maintenance (FCM).

(A) Each Title IV-E agency shall maintain a separate case record containing documentation which supports the Title IV-E agency's actions in the entire process of determining a child's eligibility for Title IV-E FCM.

(B) Each Title IV-E program eligibility documentation must include, but is not limited to:

(1) A completed JFS 01452 "Title IV-E Foster Care Maintenance Application for Initial Eligibility" (rev. 12/2005) or a copy of the eligibility determination in the statewide automated child welfare information system (SACWIS).

(2) For court-ordered removals, a copy of all court orders including, but not limited to:

(a) The complaint, petition, probation violation or motion or initial court order placing a child into detention that removes the child from a specified relative.

(b) The initial court order of custody or commitment giving the Title IV-E agency legal responsibility for the care and placement which led to the child's removal from a specified relative. The initial court order must contain a judicial determination to the effect that continuation in the home would be contrary to the welfare of the child.

(c) The adjudication order.

(d) The court order containing the reasonable efforts to prevent the removal as required in rule 5101:2-47-22 of the Administrative Code.

(e) The dispositional order.

(f) The court orders containing the court's determination of reasonable efforts to finalize the permanency plan as required in rule 5101:2-47-22 of the Administrative Code.

(3) If the child entered custody as a result of a JFS 01645 "Agreement for Temporary Custody of a Child" (rev. 4/2006) a copy of the JFS 01645 and a copy of any court approved JFS 01645 thirty day extensions evidencing the court's determination that placement is in the best interest of the child, as applicable.

(4) If the child entered custody as a result of a JFS 01666 "Permanent Surrender of Child" (rev. 6/2006) a copy of the JFS 01666 and a copy of the court order received within one hundred eighty days from the date of placement evidencing the court's determination that placement is in the best interest of the child and that reasonable efforts were made, as applicable.

(5) Documentation of citizenship and immigration status for all children in foster care regardless of whether Title IV-E FCM payments are made on their behalf pursuant to rule 5101:2-33-29 of the Administrative Code.

(6) Documentation of the verification used to meet all of the FCM eligibility requirements described in Chapter 5101:2-47 of the Administrative Code.

(7) A copy of the Title IV-E agency's notification to the county department of job and family services (CDJFS) Title IV-A unit of a child entering custody.

(8) A copy of the Title IV-E agency's JFS 01435 "Title IV-E AgencyApplicationUpdate for Child Support Services" (rev. 4/2006) for a child entering custody.

(9) Copies of the JFS 06612 "Health Insurance Information Sheet" (rev. 5/2001) and the JFS 06613 "Accident/Injury Insurance Information" (rev. 6/2009), as applicable.

(10) A copy of the JFS 03528 "Healthchek and Pregnancy Related Services Information Sheet" (rev. 5/2011).

(11) Any JFS 01452A "Title IV-E Foster Care Maintenance Redetermination" (rev.12/2005) or any redeterminations of continued eligibility done in SACWIS prior to April 1, 2010.

(C) Title IV-E program reimbursability documentation must include, but is not limited to:

(1) The receipt of supplemental security income (SSI) during the FCM claim period.

(2) Documentation of the child's income.

(3) A copy of each approval, license, certification, as applicable, for the child's placement facility during the time FCM reimbursements were made for the child.

(4) Documentation for difficulty of care payments:

(a) The degree of difficulty of care and supervision required by the special, exceptional or intensive needs child.

(b) The qualification of and degree of care and supervision provided by the substitute caregiver.

(c) Agency-specific emergency foster home criteria.

(5) A copy of documentation evidencing repayment of any identified Title IV-E FCM overpayment.

(6) A copy of documentation used to receive reimbursements for clothing, personal incidentals and graduation expenses.

(D) Case records may be maintained as hard copy files, electronic files or as a combination of both. If an electronic copy is kept, upon request a hard copy of the file must be made available for audit purposes.

(E) Each case record prepared and maintained must be kept permanently and may be integrated into the child's case record pursuant to rule 5101:2-33-23 of the Administrative Code once the child is no longer in the care and placement of the Title IV-E agency.

Effective: 06/01/2013
R.C. 119.032 review dates: 01/25/2013 and 06/01/2018
Promulgated Under: 119.03
Statutory Authority: 5153.16 , 5101.141 , 5103.03
Rule Amplifies: 5103.03 , 5153.16 , 5101.141
Prior Effective Dates: 1/1/83, 4/1/86 (Emer.), 7/1/86, 7/2/87, 9/1/88, 5/1/98, 9/1/03, 10/8/07, 8/20/11.

5101:2-47-10 Administrative procedure: Case record requirements for adoption assistance. [Rescinded].

Rescinded eff 1-1-07

5101:2-47-11 Reimbursement for foster care maintenance costs for children's residential centers, group homes, maternity homes, residential parenting facilities, and purchased foster care homes.

(A) A public children services agency (PCSA), private child placing agency (PCPA), and private non-custodial agency (PNA) shall submit the JFS 02911 "Single Cost Report" (rev. 7/2008) as described in rule 5101:2-47-26.1 of the Administrative Code in order to be reimbursed for foster care in a children's residential center (CRC), group home, maternity home, residential parenting facility or a purchased foster home (PFC).

(B) If a JFS 02911 cost report has been approved for children placed in a CRC, group home, maternity home or residential parenting facility, two Title IV-E reimbursement ceiling amounts are calculated and rounded to the nearest dollar.

(1) The Title IV-E foster care maintenance reimbursement ceiling amount is based on reported and allowable Title IV-E foster care maintenance (FCM) costs.

(2) The Title IV-E administration reimbursement ceiling amount is based on reported allowable Title IV-E administration costs.

(C) Reimbursement to the Title IV-E agency for children placed in a CRC, group home, maternity home or residential parenting facility is based on the lesser of:

(1) The foster care maintenance reimbursement ceiling amount established by the JFS 02911 multiplied by the number of care days or the amount paid by the Title IV-E agency for foster care maintenance.

(2) The administration reimbursement ceiling amount established by the JFS 02911 multiplied by the number of care days or the amount paid by the Title IV-E agency for administration.

(D) If a JFS 02911 cost report has been approved for children placed in a purchased foster care home, a Title IV-E administration reimbursement ceiling amount will be calculated based on reported and allowable Title IV-E administration costs and rounded to the nearest dollar.

(E) Administration reimbursement to the Title IV-E agency for children placed in a purchased foster care home is based on the lesser of:

(1) The Title IV-E administration reimbursement ceiling amount established by the JFS 02911 multiplied by the number of care days; or

(2) The amount paid by the Title IV-E agency for administration.

(F) Foster care maintenance reimbursement to the Title IV-E agency for children placed in a purchased foster care home is based on a contemporaneous payment system. Reimbursement in a contemporaneous payment system is the lesser of the following:

(1) The uniform statewide maximum amounts published annually in a "Family, Children and Adult Services Procedure Letter".

(2) The agreed upon foster care placement amount paid by the Title IV-E agency. The agreed upon foster care placement amount must be equal to the amount the private agency reimburses their foster parents for the maintenance of the children.

(3) The agreed upon amount paid by the Title IV-E agency for other direct services which include: special diets, clothing, graduation expenses, personal incidentals, liability insurance with respect to the child and reasonable travel expense for home visits provided these expenses are not included in the agreed upon foster care placement amount.

(G) Title IV-E costs are reimbursable to the Title IV-E agency at the appropriate federal financial participation (FFP) amount.

(1) The Title IV-E foster care maintenance costs are reimbursable at the federal medical assistance percentage (FMAP) which is calculated annually by the federal government; and

(2) Title IV-E administration costs are reimbursable at the fixed rate of fifty per cent.

(H) Title IV-E FCM reimbursement to the Title IV-E agency for a child placed through a PFC provider not participating in the Ohio department of job and family services (ODJFS) Title IV-E PFC reimbursement ceiling amount approval system is limited to the actual maintenance costs for that child, but shall not exceed the uniform statewide maximum rates published annually in a "Family, Children and Adult Services Procedure Letter."

(I) Each Title IV-E agency shall enter all cases in the Ohio statewide automated child welfare information system (SACWIS).

(J) To receive reimbursement a Title IV-E agency processing their payments and seeking reimbursement from SACWIS shall:

(1) Record placement, service authorization and contract cost information for each child.

(2) Generate a payment by creating a payment request and sending the payment information to the county auditor for payment.

(3) Disburse payments through the county auditor at any point during a month. These payments will be reimbursed during the monthly reimbursement process conducted by ODJFS on the first business day of the following month.

(4) Access the reimbursement reconciliation report to review all itemized reimbursements and assure the reimbursements are accurate.

(K) To receive reimbursement a Title IV-E agency not processing their payments and seeking reimbursement from SACWIS shall:

(1) Complete the JFS 01925 "Monthly FCM Facility Invoice" (rev. 8/2002) that is mailed approximately five working days prior to the end of the month.

(2) Provide placement and payment information on each child listed, and add or delete cases as appropriate.

(3) Return the invoice to ODJFS. If the invoice is received after the cut-off date for a particular month, it will be processed during the next payment cycle.

(4) Access the disbursement journal to review all itemized reimbursements and assure the reimbursements are accurate.

(L) Reimbursement will be issued in the form of a warrant payable to the Title IV-E agency which registers the Title IV-E cases. The warrant amount will be calculated from the completed reimbursement processing at the applicable FFP.

Effective: 09/01/2009
R.C. 119.032 review dates: 04/28/2009 and 09/01/2014
Promulgated Under: 119.03
Statutory Authority: 5103.03 , 5153.166
Rule Amplifies: 5103.03 , 5153.166
Prior Effective Dates: 8/22/86, 1/1/87 (Emer.), 5/7/87 (Emer.), 8/3/87, 4/15/88 (Emer.), 7/11/88, 9/1/89 (Emer.), 11/30/89, 9/1/92, 5/1/98, 9/1/03, 7/1/04

5101:2-47-12 Foster care maintenance: Initial determination of program eligibility and reimbursability.

(A) The Title IV-E foster care maintenance (FCM) initial program eligibility shall be determined in the statewide automated child welfare information system (SACWIS) by the Title IV-E agency representative within sixty days of the time the agency receives legal responsibility for the care and placement of the child. If the eligibility determination was made in error the FCM eligibility determination can be corrected.

(B) Title IV-E FCM program eligibility may be determined for a child for whom the responsibility for care and placement has been transferred from another public or private agency to the Title IV-E agency. Title IV-E FCM program eligibility shall be determined on the original court order which removed the child from a specified relative.

(C) A child shall be considered Title IV-E FCM program eligible if, at the time the child enters care:

(1) The Title IV-E agency has legal responsibility for the care and placement of the child as described in rule 5101:2-47-13 of the Administrative Code; and

(2) The child met the aid to dependent children (ADC)-relatedness requirements as described in rule 5101:2-47-14 of the Administrative Code.

(D) A Title IV-E agency may complete a FCM eligibility determination in SACWIS later than sixty days of the child's entry into the care and placement of the agency if the Title IV-E agency can document that extenuating circumstances preventing completion within the sixty day period.

(E) Once Title IV-E FCM initial eligibility is established, the child remains program eligible for the entire custody episode through the end of the month of the child's eighteenth birthday.

The exception is FCM eligibility may continue beyond his or her eighteenth birthday if there is documentation from the educational provider that the child is a full-time student reasonably expected to complete high school or equivalent level of vocational or technical training prior to his or her nineteenth birthday.

(F) The child is no longer program eligible for Title IV-E FCM when any of the following occur:

(1) At the end of the month of the child's eighteenth birthday except as stated in paragraph (E) of this rule.

(2) The child entered care as a result of a JFS 01645 "Agreement for Temporary Custody of Child" (rev. 4/2006) pursuant to rules 5101:2-42-06 and 5101:2-42-08 of the Administrative Code and the agency failed to acquire a best interest statement in accordance with rules 5101:2-42-08 and 5101:2-47-13 of the Administrative Code from the juvenile court. Eligibility ends at the end of the thirtieth day of the executed JFS 01645.

(3) The child entered care as a result of a JFS 01666 "Permanent Surrender of Child" (rev. 6/2006) pursuant to rules 5101:2-42-09 and 5101:2-47-13 of the Administrative Code and the agency failed to acquire a judicial determination of best interest and reasonable efforts in accordance with rules 5101:2-39-01 , 5101:2-47-13 and 5101:2-47-22 of the Administrative Code. Eligibility ends at the end of the one hundred eightieth day of the executed JFS 01666.

(4) The Title IV-E agency's legal responsibility for the child ends. Eligibility ends at the end of the day legal responsibility ends. Any subsequent removal of the child from his home will require a new program eligibility determination in accordance with this rule.

(5) The child dies. Eligibility ends on the date of death.

(G) A new FCM eligibility determination in SACWIS must be completed when either of the following occur:

(1) The Title IV-E agency's responsibility for the child terminates and the child reenters care through court action or via a JFS 01645 or a JFS 01666 at a later date.

(2) A trial home visit exceeds six months and has not been authorized by the court, or exceeds the time period the court has deemed appropriate and the child is subsequently returned to foster care. The month the child is returned to foster care is the month in which eligibility shall be determined.

(H) Title IV-E initial program reimbursability shall be determined for a child who is Title IV-E FCM program eligible at the time the child entered care. A Title IV-E FCM program eligible child shall be reimbursable when both of the following apply:

(1) The child's countable income is less than the cost of care paid by the agency.

(2) The child is placed in a setting which is licensed, certified or approved, by ODJFS or another state agency with such authority as outlined in rule 5101:2-47-16 of the Administrative Code.

(I) The child is no longer program reimbursable for Title IV-E when any of the following occur:

(1) Reasonable efforts to finalize the permanency plan are not met in accordance with rule 5101:2-47-22 of the Administrative Code.

(2) The child is not placed in a setting that is licensed, certified or approved, as outlined in rule 5101:2-47-16 of the Administrative Code.

(J) If a child is eligible for both supplemental security income (SSI) and Title IV-E FCM benefits, the Title IV-E agency may choose to do one of the following based on the child's cost of care:

(1) Receive both benefits concurrently. If the Title IV-E agency chooses to receive both benefits, the Title IV-E FCM payment (including both non-federal and federal dollars) is considered income for the determination of SSI eligibility and reduces the amount of the SSI payment dollar for dollar. If the Title IV-E FCM payment is in excess of the SSI payment, the child will not receive a SSI payment.

(2) The Title IV-E agency may pay for the placement cost with local (non-federal) dollars, which are not considered income for SSI eligibility, and receive the SSI benefit for reimbursement of the placement cost.

(K) If the child receives any type of income or resources while in the care and placement of a Title IV-E agency, that income or resource must be entered into SACWIS.

Effective: 06/01/2013
R.C. 119.032 review dates: 01/25/2013 and 06/01/2018
Promulgated Under: 119.03
Statutory Authority: 5101.141
Rule Amplifies: 5153.16 , 5101.141
Prior Effective Dates: 1/1/83, 4/1/86 (Emer.), 7/1/86, 7/2/87, 9/1/88, 1/1/89, 5/1/98, 9/7/00, 2/15/02, 12/1/03, 8/25/08, 8/20/11.

5101:2-47-13 Foster care maintenance program eligibility: Legal responsibility requirements.

(A) "Legal responsibility" means that for the care of the child under the Title IV-E foster care maintenance (FCM) program, the Title IV-E agency has legal responsibility for the care and placement of the child. This can be established through a court order, a JFS 01645 "Agreement for Temporary Custody of Child" (rev. 4/2006) or a JFS 01666 "Permanent Surrender of Child" (rev. 6/2006).

(B) If legal responsibility is established through court action, the Title IV-E agency must obtain from the appropriate juvenile court an order:

(1) Removing the child from the home of a specified relative as defined in rule 5101:2-47-14 of the Administrative Code; and

(2) Showing the agency to be responsible for the child's care and placement. The court order may be one of the following:

(a) An ex parte emergency court order as defined in rule 5101:2-1-01 of the Administrative Code.

(b) Temporary custody as defined in rule 5101:2-1-01 of the Administrative Code.

(c) Permanent custody as defined in rule 5101:2-1-01 of the Administrative Code.

(d) A planned permanent living arrangement order as defined in rule 5101:2-1-01 of the Administrative Code.

(C) If the Title IV-E agency's responsibility for care and placement is obtained by a court order, the order leading to the removal of the child from the home of a specified relative must contain a judicial determination to the effect that continuation in the home would be contrary to the welfare of the child, or that the placement is in the best interest of the child. If one of these statements is not obtained, the child will not be FCM program eligible or reimbursable for this custody episode. In situations where a child is in a detention facility at the time the legal responsibility is directly ordered to the Title IV-E agency, the court order placing the child into detention will serve as the initial court order that removed the child from the specified relative.

(D) If the Title IV-E agency's responsibility for care and placement is obtained by a court order, a judicial determination of reasonable efforts, as described in rule 5101:2-47-22 of the Administrative Code, by a juvenile court of competent jurisdiction shall be obtained no later than sixty days from the date the child is removed from the home of a specified relative. If this determination is not obtained by the sixtieth day, the child will not be FCM program eligible or reimbursable for this custody episode.

(E) For all children who entered care as the result of a JFS 01645 , the JFS 01645 must be executed in accordance with rules 5101:2-42-06 and 5101:2-42-08 of the Administrative Code. A judicial determination specifying that the placement is in the best interest of the child must be obtained when the Title IV-E agency requests an original thirty-day extension of the JFS 01645 pursuant to rule 5101:2-42-08 of the Administrative Code. If the best interest judicial determination is not obtained when an original thirty-day extension is requested, the child will not be FCM program eligible or reimbursable after thirty days, except under the following circumstances:

(1) Prior to thirty days elapsing, the Title IV-E agency obtains a court order for custody. Under this circumstance the agency must obtain the best interest determination in the court order giving continued custody to the agency.

(2) Prior to thirty days elapsing, the Title IV-E agency obtains a JFS 01666. Under this circumstance, the signed, court approved JFS 01666 must contain the best interest determination. The Title IV-E agency must also obtain a judicial determination to the effect that the Title IV-E agency is not required to make reasonable efforts to return the child home due to the parents terminating their parental rights by the one hundred eightieth day from the date of the signed JFS 01645.

(F) A JFS 01666 signed by the parent(s) is acceptable as a voluntary placement agreement for FCM program eligibility purposes if it is the event which initially leads to the Title IV-E agency having legal responsibility for the child's care and placement. In such cases, by the one hundred eightieth day from the date of placement, the Title IV-E agency must:

(1) Petition the court for a judicial determination to the effect that continuation in the home of the specified relative is contrary to the best interest of the child or that the placement is in the best interest of the child; and

(2) Obtain the judicial determination of reasonable efforts, as described in rule 5101:2-47-22 of the Administrative Code.

(G) The judicial determinations required in this rule must be explicitly documented and made on a case by case basis and so stated in the court order. If the reasonable efforts or contrary to the welfare judicial determinations are not included as required in the court order, a transcript of the court proceedings is the only other documentation that will be accepted to verify that these required determinations have been made. An affidavit, amendment or a nunc pro tunc order will not be accepted as verification documentation of these judicial determinations.

Effective: 06/01/2013
R.C. 119.032 review dates: 01/25/2013 and 06/01/2018
Promulgated Under: 119.03
Statutory Authority: 5101.141
Rule Amplifies: 5153.16 , 5101.141
Prior Effective Dates: 1/1/83, 4/1/86(Emer.), 7/1/86, 7/2/87, 9/1/88, 1/1/89, 5/1/94, 5/1/98, 3/18/99(Emer.), 6/13/00, 9/7/00, 2/15/02, 12/1/03, 8/25/08

5101:2-47-14 Foster care maintenance program eligibility: ADC-relatedness.

(A) In order to meet Title IV-E foster care maintenance (FCM) initial program eligibility, the child must have a relatedness to the aid to dependent children (ADC) program authorized under Title IV-A of the Social Security Act as of July 16, 1996. Each ADC eligibility criteria must be met in the month of, but prior to the child's removal from the home including the date of removal. All applicable ADC eligibility requirements found in the appendix to rule 5101:2-47-14.1 of the Administrative Code shall be applied when determining eligibility for ADC. Attempts must be made to verify all Title IV-E program eligibility requirements. Such attempts must be documented in the child's Title IV-E case record. In situations in which no information is available, eligibility cannot be established.

(B) The "eligibility month" means:

(1) The month during which a JFS 01645 "Agreement for Temporary Custody of Child" (rev.4/2006) is executed in accordance with rule 5101:2-42-06 of the Administrative Code.

(2) The month during which a JFS 01666 "Permanent Surrender" (rev. 6/2006) is executed in accordance with rule 5101:2-42-09 of the Administrative Code.

(3) The month during which the public children services agency (PCSA) or a public entity with whom the Ohio department of job and family services (ODJFS) has a Title IV-E interagency agreement in effect:

(a) Files a petition for custody of the child which eventually leads to a court ordered removal of the child, or

(b) The month in which the court orders the committment of the child to the Title IV-E agency , or

(c) The month in which the child is placed in detention, whichever occurs first.

(4) The month the child enters custody is not necessarily the same as the eligibility month.

(C) The specified relative from which the child was removed is the household which must be examined when determining ADC-relatedness. For purposes of Title IV-E FCM, "removal of the child from the specified relative," as defined in paragraph (D) of this rule, means:

(1) A judicial order for a physical or constructive removal (non-physical, paper removal) of the child from the specified relative has been issued.

(2) An executed JFS 01645 or JFS 01666 has been entered into which leads to a physical or constructive removal of the child from the specified relative.

(D) A removal has not occurred in situations where legal custody has been removed from the specified relative and the child remains with the same relative .

(E) The circumstances which define ADC eligibility include all of the following:

(1) Living with a specified relative.

(a) For purposes of meeting the requirements for living with a specified relative prior to the removal as described in paragraph (C) of this rule, one of the following must apply.

(i) The child was living with the specified relative and was ADC-related in that household in the eligibility month as defined in paragraph (B) of this rule.

(ii) The child had been living with the specified relative within six months of the eligibility month, as defined in paragraph (B) of this rule, and would have met the requirements of paragraphs (E)(2) to (E)(5) of this rule in the eligibility month if the child had continued to reside with the specified relative.

(b) The "specified relative," as defined in rule 5101:2-47-14.1 of the Administrative Code is a blood relative, including those of half blood, who may be one of the following:

(i) Parent, grandparent, brother, sister, stepparent, stepbrother, stepsister, uncle, aunt, nephew, niece, half brother, half sister, first cousin, first cousin once removed, or any person of preceding generation denoted by prefix of "grand," "great-grand," "great," "great-great," and "great-great-great."

(ii) Any person who legally adopted the child or adopted the child's parent, or the natural children or other adopted children of such person.

(iii) Married spouse of any person named above, even though the marriage had been terminated by death or divorce.

(iv) Paternal relatives of an out-of-wedlock child are relatives for ADC purposes, provided that the father meets one of the definitions of a parent found in rule 5101:1-3-04 of the Administrative Code.

(2) Age

A child is ADC eligible through the month of his or her eighteenth birthday. The following requirements apply for other circumstances:

(a) A child may remain eligible for ADC beyond his or her eighteenth birthday only if the child is a full-time student reasonably expected to complete a secondary school program or the equivalent of vocational or technical training prior to his or her nineteenth birthday.

A child who will be nineteen the same month in which the child completes the secondary school program or equivalent, is eligible for ADC through that month.

(b) A child who completes high school prior to his or her eighteenth birthday and is attending college or college-level vocational or technical training is eligible for ADC through the month of his or her eighteenth birthday.

(c) A child who is not reasonably expected to complete high school or the equivalent training prior to his or her nineteenth birthday is ineligible for ADC the month following the month of his or her eighteenth birthday.

(d) A child who is eighteen and has completed high school and is now enrolled in a technical program that can be completed before age nineteen is not eligible for ADC.

(e) In cases where the year and the month in which the child was born can be established, but not the exact day, the first of the month is to be used as the child's birthday.

(3) Deprivation

In the eligibility month, but prior to the child's removal from the home, the child must be deprived of the support of one or both parents as a result of one of the following:

(a) Death.

(b) Incapacity.

(c) Continued absence from the removal home.

(d) Unemployment of the principal wage-earning parent.

(4) Need

(a) In the eligibility month, but prior to the child's removal from the specified relative, the income available to the child must be less than the state of Ohio's one hundred eighty-five per cent and the one hundred per cent standard of need for ADC eligibility, in effect on July 16, 1996.

(b) In the eligibility month, but prior to the child's removal from the specified relative, the income and resources of the standard filing unit (SFU) as defined in rule 5101:2-47-14.1 of the Administrative Code must be considered in the needs determination.

(c) In the eligibility month, but prior to the child's removal from the specified relative, under constructive removal situations, the income and resources of the SFU as defined in rule 5101:2-47-14.1 of the Administrative Code must be considered in the needs determination.

The household of the parent or other specified relative that the child is constructively removed from shall be the household in which the SFU will be established.

(d) In the eligibility month, but prior to the child's removal from the specified relative, the resources available to the SFU shall not exceed ten thousand dollars.

(i) The ten thousand dollar resource limit does not include:

(a) Homestead property which is the usual residence of the assistance group.

(b) One motor vehicle, the value of which does not exceed one thousand five hundred dollars with consideration of liens or encumbrances. Any excess value over the limit is applied to the overall resource limit.

(c) Items or personal property owned by the members of the SFU that are considered as household goods and personal effects.

(d) The resources of an SSI recipient and the resources of an individual for whom federal, state or local foster care maintenance (FCM) payments are made.

(e) Funeral arrangements valued at one thousand five hundred dollars or less for each member of the SFU. Equity value for funeral arrangements that exceed the limit shall be counted toward the overall resource limit.

(f) One burial space for each member of the SFU.

(g) Bona fide loans from any source.

(h) Educational grants and scholarships from any source for undergraduate and graduate college expenses.

(i) Payments received by individuals of Japanese ancestry under section 105 of Public Law 100-383, and payments received by Aleuts under section 206 of Public Law 100-383(1988).

(j) Payments received under the provisions of the Agent Orange Compensation Exclusion Act of 1989( Public Law 101-201 ).

(k) Earned income tax credit (EITC) payments in the form of a refund of "federal" income taxes or in the form of an advance payment by an employer must be disregarded in the month and the month following the receipt of such payment.

(l) The resources of an individual on whose behalf federal, state or local FCM payments are made.

(m) Payments received under the provisions of the Radiation Exposure Compensation Act of 1990( Public Law 101-246 ).

(n) Payments received under the provisions of the Maine Indian Claims Settlement Act of 1980 ( Public Law 96-240 ).

(o) Payments received under the provisions of Aroostook Band of Micmacs Act of 1991( Public Law 102-171 ).

(p) Payments received under the provisions of the Child Care and development Block Grant ( Section Section 5082 of Public Law 101-508 )(1990).

(q) Escrow accounts established and credited as the direct result of the SFU's involvement in the family self-sufficiency program. These escrow accounts are only considered available when the SFU is no longer receiving any federal, state, or other public assistance for housing.

(r) Payments received under the provisions of the Seneca Nation Settlement Act of 1990 ( Public Law 101-503 ).

(5) The ten-thousand dollar resource limit includes but is not limited to:

(a) The equity value of real property not used as the residence of the SFU, assessed according to its equity value. Any income received from income-producing property is counted as income to the case.

(b) The equity value of any burial spaces in excess of one per person.

(c) The cash value of life insurance policies.

(d) Household goods and personal effects not considered as exempt resources.

(e) The amount of cash on hand.

(f) The current savings and checking account balances.

(g) The value of any stocks, bonds and trust accounts.

(h) The value of revocable funeral agreements.

(i) The value of all vehicles available to the SFU.

Effective: 06/01/2013
R.C. 119.032 review dates: 01/25/2013 and 06/01/2018
Promulgated Under: 119.03
Statutory Authority: 5101.141
Rule Amplifies: 5153.16 , 5101.141
Prior Effective Dates: 1/1/83, 4/1/86 (Emer.), 7/1/86, 7/2/87, 9/1/88, 5/1/98, 9/7/00, 2/15/02, 12/1/03, 8/25/08

5101:2-47-14.1 Title IV-E eligibility under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996.

(A) The Personal Responsibility and Work Opportunity Reconciliation Act of 1996, P.L. 104-193 and the Balanced Budget Act of 1997, P.L. 105-33 amended Title IV-E eligibility requirements for the foster care maintenance (FCM) program.

(B) The term "public agency" shall mean either a public children services agency (PCSA) which is either a county children services board or children services unit within the county department of job and family services or a public entity with whom the Ohio department of job and family services (ODJFS) has a Title IV-E sub-grant agreement in effect.

(C) The public agency must determine FCM eligibility in the statewide automated child welfare information system (SACWIS) for each child within sixty days of the child's entry into the care of and placement by the agency.

(D) All aid to dependent children (ADC)-relatedness eligibility determinations for the Title IV-E program shall be based upon whether the household from which the child was removed would have met the ADC-relatedness eligibility requirements that were in effect on July 16, 1996. ADC eligibility must be met in the month of, but prior to, the child's removal from the specified relative, including the date of removal. Administrative Code rules defining these requirements are contained in appendix A to this rule.

Click to view Appendix

Effective: 06/01/2013
R.C. 119.032 review dates: 01/25/2013 and 06/01/2018
Promulgated Under: 119.03
Statutory Authority: 5103.03 , 5153.16 , 5101.141
Rule Amplifies: 5101.141 , 5103.03 , 5153.16
Prior Effective Dates: 10/1/96, 12/30/96, 3/2/98, 4/1/03, 10/8/07

5101:2-47-15 Foster care maintenance program reimbursability: authorization for foster care maintenance and auxiliary payment reimbursements.

(A) Foster care maintenance (FCM) reimbursements for children placed in licensed or certified placement settings as defined in rule 5101:2-47-16 of the Administrative Code must be authorized in the statewide automated child welfare information system (SACWIS). The reimbursement shall be in the form of a warrant made to the Title IV-E agency having legal responsibility for the care and placement of the child.

(B) Any change or discontinuation of reimbursement made for a child placed in substitute care, as a result of a change in the child's circumstances, must be made in SACWIS as soon as the Title IV-E agency becomes aware of the change.

(C) FCM difficulty of care reimbursement for special needs, exceptional needs, intensive needs, and children placed in emergency foster homes as described in rule 5101:2-47-18 of the Administrative Code must be authorized through SACWIS .

(D) Expenses for foster home , emergency foster home , clothing , difficulty of care , graduation , personal incidentals, medical card issuance, and reimbursable employment-related child care as outlined in rules 5101:2-47-17 , 5101:2-47-18 , and 5101:2-47-19 of the Administrative Code, for children placed in foster homes, including relative homes, or prefinalized adoptive homes that are licensed foster homes, shall be authorized as auxiliary payments through SACWIS.

(E) Expenses for clothing, graduation and personal incidentals, as described in rule 5101:2-47-19 of the Administrative Code, for children placed in CRCs, group homes, purchased foster homes or maternity homes will be reimbursed as auxiliary payments through SACWIS.

(F) An underpayment for FCM occurs when the eligible Title IV-E agency does not receive a reimbursement to which it is entitled or receives less than the amount to which it is entitled.

(G) The Title IV-E agency shall take immediate action to adjust the underpayment through SACWIS as soon as information is received that affects reimbursement for FCM effective on the actual day of the month the underpayment occurred.

(H) An overpayment occurs when a Title IV-E agency receives a reimbursement or an amount of reimbursement to which it is not entitled.

(I) An overpayment for FCM can occur as a result of either of the following reasons:

(1) The reimbursement made was in excess of the allowable amount; or

(2) The child for whom an FCM reimbursement was made was not eligible for such reimbursement during the month for which reimbursement was made.

(J) The Title IV-E agency is responsible for reviewing, at the request of ODJFS, reimbursement records for Title IV-E cases to determine if an overpayment has occurred.

(K) The Title IV-E agency shall take immediate action to terminate or adjust the overpayment as soon as information is received that affects reimbursement for FCM effective on the actual day of the month the overpayment occurred.

(L) A copy of the documentation evidencing repayment of any identified Title IV-E FCM overpayment must be retained in the Title IV-E case record.

(M) Any adverse action taken regarding the financial status of a FCM case must be made according to the provisions set forth in Chapters 5101:6-1 to 5101:6-9 and rule 5101:6-3-01 of the Administrative Code.

Effective: 06/01/2012
R.C. 119.032 review dates: 01/31/2012 and 06/01/2017
Promulgated Under: 119.03
Statutory Authority: 5103.03 , 5101.141
Rule Amplifies: 5103.03 , 5153.16 , 5101.141
Prior Effective Dates: 1/1/83, 1/1/85 (Emer.), 4/1/85, 5/22/85 (Emer.), 8/12/85, 4/1/86 (Emer.), 7/1/86, 7/2/87, 9/30/87 (Emer.), 12/27/87, 4/15/88 (Emer.), 7/11/88, 9/1/88, 9/1/92, 5/1/98, 4/23/07

5101:2-47-16 Foster care maintenance program reimbursability: Reimbursable placement settings.

(A) Foster care maintenance (FCM) reimbursements may be claimed if the eligible child is placed in one of the following placement settings which is licensed, certified or approved, as appropriate, by the Ohio department of job and family services (ODJFS) or another state agency with such licensure, certification or approval authority:

(1) Foster home, including a relative home licensed as a foster home or a pre-adoptive licensed foster home in which the child continues to receive Title IV-E FCM payments. Title IV-E FCM payments may be claimed from the date the foster home or relative home licensed as a foster home or pre-adoptive licensed foster home satisfies all of the requirements for certification to the date on which the certificate is actually issued, not to exceed sixty days.

(2) Private nonprofit, private for-profit or public group home.

(3) Private nonprofit or private for-profit maternity home.

(4) Public maternity home which accommodates no more than twenty-five children.

(5) Private nonprofit or private for-profit children's residential center (CRC).

(6) Public CRC which accommodates no more than twenty-five children.

(7) Residential parenting facility. If the residential parenting facility is a public facility, the facility shall accommodate no more than twenty-five children.

(8) Purchased foster care from a private child placing agency (PCPA), private noncustodial agency (PNA) or another public children services agency (PCPA).

(9) On leave from a family foster home; when a child is temporarily placed into another family foster home at the same level of care as the current family foster home for more than twenty-four hours but for no more than fourteen days and the child returns to the original family foster home by the end of the fourteen days.

(B) Foster care maintenance reimbursement may be claimed for payments made to the provider to hold a bed while a child is in one of the following types of leave, if the leave does not exceed fourteen days and the child returns to the same placement he or she was placed in prior to the leave:

(1) Absence without leave (AWOL).

(2) Hospital.

(3) Trial home visit.

(4) Parental, relative or non-relative visit.

(5) Camp.

(6) Vacation.

(C) Reimbursable placement facilities located outside of Ohio are limited to the types of homes and institutions described in paragraph (A) of this rule which are licensed, certified or approved by the agency responsible for the licensing, certification or approval of such facilities in the state where the placement facility is located. Placements outside of Ohio must be made in accordance with rules contained in Chapter 5101:2-52 of the Administrative Code.

(D) Children who are otherwise FCM program eligible are not program reimbursable during their period of residence in the following placement settings or placement categories:

(1) Court-ordered placements with a specific foster care provider. This does not include a court-ordered placement where the court has care and control of the child or a court-ordered placement where the court followed or considered the recommendation of the Title IV-E agency for placement and was so noted in the court order.

(2) Detention facilities, forestry camps, training schools, or other locked facilities operated primarily for the detention of children who are determined to be delinquent.

(3) AWOL, hospital or leave except as described in paragraph (B) of this rule.

(4) A home or facility including a pre-adoptive home not licensed, approved or certified or a pre- adoptive home licensed as a foster home in which the child does not continue to receive Title IV-E FCM payments.

(5) A relative home neither licensed, certified or approved nor in the process of licensure, certification or approval as a foster home.

Effective: 05/01/2014
R.C. 119.032 review dates: 01/23/2014 and 05/01/2019
Promulgated Under: 119.03
Statutory Authority: 5103.03 , 5101.141
Rule Amplifies: 5103.03 , 5101.141 , 5153.16
Prior Effective Dates: 1/1/83, 4/1/86(Emer.), 7/1/86, 7/2/87, 9/1/88, 5/1/98, 6/13/00 (Emer.), 9/7/00, 12/1/03, 8/25/08, 8/20/11

5101:2-47-17 Foster care maintenance program reimbursability: Reimbursements for FCM and child care for public foster homes, relative homes, and pre-finalized adoptive homes.

(A) Uniform statewide standards for foster care maintenance (FCM) minimum and maximum reimbursement amounts for public foster homes, relative homes licensed as foster homes and pre-finalized adoptive homes that continue to receive Title IV-E FCM reimbursements have been established by the Ohio department of job and family services (ODJFS). These amounts shall be updated annually by the issuance of a "Family, Children and Adult Services Procedure Letter" and are the minimum and maximum amounts that can be authorized for Title IV-E FCM reimbursements for a child placed in the substitute care settings.

(1) If there is a difference between the statewide maximum reimbursement amount and a higher Title IV-E agency payment amount, the Title IV-E agency shall supplement payments without benefit of federal financial participation (FFP) under Title IV-E.

(2) If there is a difference between the statewide minimum reimbursement amount and a lesser Title IV-E agency payment amount, the Title IV-E agency shall not claim Title IV-E FCM funds to support the placement of the child.

(B) Reimbursements for employment-related child care and child care when the foster parent is required to participate, without the child, in activities associated with parenting a child in foster care that are beyond the scope of ordinary parental duties may be authorized for a FCM eligible child placed in a foster home, relative home licensed as a foster home or pre-finalized adoptive home provided that the child care provider is licensed or certified.

(1) The maximum child care reimbursement to the Title IV-E agency shall not exceed the amounts referenced in rule 5101:2-16-41 of the Administrative Code.

(2) The definitions for the age categories are contained in rule 5101:2-16-01 of the Administrative Code. Reimbursements for child care, as described in this rule, may be authorized for a foster child between the ages of thirteen and eighteen who qualifies for a difficulty of care payment referenced in rule 5101:2-47-18 of the Administrative Code.

(3) Child care, as described in this rule, shall be claimed for reimbursement through the statewide automated child welfare information system (SACWIS).

(C) "Relative homes" and " pre-finalized adoptive homes" as used in this rule mean a licensed/certified/approved foster home.

Effective: 05/01/2014
R.C. 119.032 review dates: 01/23/2014 and 05/01/2019
Promulgated Under: 119.03
Statutory Authority: 5101.141 , 5103.03
Rule Amplifies: 5101.141 , 5103.03 , 5153.16
Prior Effective Dates: 1/1/83, 1/1/84, 1/1/85(Emer.), 4/1/85, 4/1/86(Emer.), 7/1/86, 7/2/87, 9/30/87(Emer.), 12/27/87, 9/1/88, 9/1/89(Emer.), 11/30/89, 9/30/90, 9/30/91, 9/30/92, 9/30/93, 12/17/94, 1/1/96, 5/1/98, 6/13/00 (Emer.), 9/7/00, 12/1/03, 8/25/08

5101:2-47-18 Foster care maintenance program reimbursability: Reimbursements related to the difficulty of care needs of a child placed in a foster home, relative home, or pre-finalized adoptive home.

(A) A child with special, exceptional, or intensive needs, as defined in this rule, receiving foster care maintenance (FCM) reimbursements may be eligible for a supplemental difficulty of care reimbursement. This reimbursement shall be available for a child who has been determined by the Title IV-E agency to have special, exceptional or intensive needs that require special parenting attention and care.

(B) Child characteristics describing the child's special, exceptional or intensive placement services shall be entered into the statewide automated child welfare information system (SACWIS) within sixty days of the effective date of this rule for children currently in the Title IV-E custody. Once the rule is in effect, agencies shall enter the child's characteristics within thirty days of the agency receiving custody.

(C) Difficulty of care reimbursements shall be updated annually by the issuance of a "Family, Children and Adult Services Procedure Letter" and may be offered at one of the following three levels of intensity depending upon the needs of the child and qualifications of the substitute caregiver:

(1) Special needs.

(2) Exceptional needs.

(3) Intensive needs.

(D) A child eligible for special needs difficulty of care reimbursements is a child placed in a foster home or, on or after April 1, 2005, in a treatment foster home, as defined in rule 5101:2-1-01 of the Administrative Code, and who presents:

(1) Moderate emotional or behavioral management problems. These children may display a moderate degree of acting out marked by aggressiveness and/or delinquent behavior such as truancy or running away, substance abuse or any other emotional problems with the primary location of treatment being in the treatment foster home; or

(2) A physical condition determined by a physician which requires specialized care.

(E) The Title IV-E agency shall provide special needs difficulty of care reimbursements only to a foster caregiver or, for eligible children placed on or after April 1, 2005, to a treatment foster caregiver certified pursuant to Chapters 5101:2-5 and 5101:2-7 of the Administrative Code. The care and supervision that shall be given by the substitute caregiver of a special needs child shall include, at a minimum:

(1) Twenty-four hour availability for supervision.

(2) Ability to meet the child's basic needs.

(3) Ability to meet the child's treatment needs, including supervision or provision of prescribed care, such as preparation of special diets or assisting in a program of physical therapy.

(F) A child eligible for exceptional needs difficulty of care reimbursements is a child placed in a treatment foster home, as defined in rule 5101:2-1-01 of the Administrative Code, if one of the following applies:

(1) Who presents more severe emotional or behavioral management problems than those children with special needs. These children may display a high degree of impulsive and acting out behavior toward themselves or others which is often characterized by verbal and physical aggression; or have multiple and severe psychiatric, emotional and behavioral management problems ranging from personality disorders, severe mental retardation, or autism to aggression toward animals, others and self; sexual acting out, suicidal behaviors or ideation.

(2) Who has a physical handicap or disability as determined by a physician which requires a high degree of care and supervision; or who requires medical or remedial services recommended by a physician or other licensed or certified professional for the maximum reduction of physical or mental disability and restoration of the child to his or her best possible functioning level.

(3) For whom a licensed or certified professional, including a psychologist or psychiatrist, licensed social worker or licensed professional counselor must be involved in the child's care on an as-needed basis, but at least on a semi-annual basis or who has a physical handicap or disability as determined by a physician which requires constant twenty-four hour a day supervision provided by a licensed/registered nurse or persons closely supervised or trained by a licensed/registered nurse or physician.

(4) For whom a licensed or certified professional, including a physician, psychiatrist, psychologist, licensed social worker or licensed professional counselor must be involved in the child's care on at least a monthly basis.

(G) The Title IV-E agency shall provide exceptional needs difficulty of care reimbursements only to a foster caregiver or, for eligible children placed in a treatment foster caregiver certified pursuant to Chapters 5101:2-5 and 5101:2-7 of the Administrative Code and who has successfully completed, or is currently participating in, a behavior management training course provided or recognized by the Title IV-E agency. The care and supervision that must be provided by the caregiver of an exceptional needs child shall include, at a minimum:

(1) Twenty-four hour availability for supervision.

(2) A higher degree of personal involvement, patience and time than is required for a child without exceptional needs.

(3) Participation in the development and implementation of the child's case plan and/or individual service plan.

(4) Ability to accept assistance and follow instruction and guidance in caring for the child.

(H) A child eligible for an intensive needs difficulty of care reimbursement is a child with intensive health care needs who is placed in a medically fragile foster home, as defined in rule 5101:2-1-01 of the Administrative Code, and who meets all of the following criteria:

(1) Under rules adopted by the Ohio department of job and family services (ODJFS) governing payment under Chapter 5111. of the Revised Code for long-term care services, the child requires a skilled level of care.

(2) The child requires the services of a doctor of medicine or osteopathic medicine at least once a week due to the instability of the child's medical conditions.

(3) The child requires the services of a registered nurse on a daily basis.

(4) The child is at risk of institutionalization in a hospital, skilled nursing facility, or intermediate care facility for the mentally retarded.

(I) The Title IV-E agency shall only provide intensive needs difficulty of care reimbursements to a foster caregiver or, for eligible children placed in a medically fragile foster caregiver certified pursuant to Chapters 5101:2-5 and 5101:2-7 of the Administrative Code. A caregiver providing intensive needs services shall not have more than two intensive needs children who are not the caregiver's own children and a maximum of five children placed in his/her home at one time, including other foster children and his/her own children. The care and supervision that must be provided by the caregiver of an intensive needs child shall include, at a minimum:

(1) Supervision provided by a substitute caregiver on a twenty-four hour a day basis as approved by the Title IV-E agency.

(2) Provision of structured daily activities as approved by the Title IV-E agency.

(3) Provision of constructive guidance to assist in the management of negative behaviors for the child who meets any of the eligibility criteria in paragraph (G)(1) of this rule.

(4) Participation in the development and implementation of the child's case plan and/or individual service plan and semiannual administrative review(s) as identified in the case plan.

(5) Recording of the child's progress toward the case plan or individual service plan goals and objectives as identified on the case plan.

(J) When a substitute caregiver is receiving a special, exceptional or intensive needs difficulty of care payment on behalf of a child, the Title IV-E agency shall assure the foster caregiver is certified to operate a treatment or medically fragile foster home, as applicable.

(K) Difficulty of care reimbursement may also be available for a special, exceptional or intensive needs child who is placed in an emergency foster home. "Emergency foster home" as used in this rule means a licensed, certified or approved foster home which has been designated by a Title IV-E agency as an emergency foster home to provide temporary care, not to exceed thirty days, for children requiring immediate out-of-home placement or immediate placement because of a placement disruption. The emergency foster home must be available to provide care to children at any time of the day or night, with little or no notice, and be able to meet immediate physical and emotional needs of children. The Title IV-E agency may also impose restrictions regarding the number of children served or additional training requirements before designating a foster home as an emergency foster home. An emergency foster home for special, or exceptional needs children shall be certified as a treatment foster home. An emergency foster home for intensive needs children shall be certified as a medically fragile foster home.

(L) The difficulty of care reimbursement for an emergency foster home shall not be affected by the age of the child. Difficulty of care reimbursements related to the special, exceptional or intensive needs of the child may be made in addition to the payment for an emergency foster home when the emergency foster home meets the provisions of paragraphs (D), (F), (H), and (J) of this rule.

(M) Reimbursement for emergency foster home placement is limited to thirty days for each placement. Reimbursement shall not be available as a retainer to a caregiver for maintaining a space for emergency placements.

(N) Difficulty of care reimbursements shall be reimbursed at the Title IV-E FCM program rate of federal financial participation. Authorization for difficulty of care payments shall be made pursuant to rule 5101:2-47-15 of the Administrative Code.

(O) For difficulty of care payments, the following documentation shall be maintained in the Title IV-E FCM case record to support such payments:

(1) The degree of difficulty of care and supervision required by the special, exceptional or intensive needs child.

(2) The qualification of and degree of care and supervision provided by the substitute caregiver.

(3) Agency-specific emergency foster home criteria.

(4) The agency's compliance with the requirements of paragraph (I) of this rule.

(P) The uniform statewide standards for Title IV-E FCM payment amounts for public foster homes, relative homes licensed as a foster home and pre-finalized adoptive homes that are established by the ODJFS shall set the maximum amounts for exceptional needs difficulty of care reimbursements and intensive needs difficulty of care reimbursements at the same amount.

(Q) ODJFS reimbursement amounts for a child placed in a foster home on the effective date of rules 5101:2-5-25 , 5101:2-5-36 , 5101:2-5-37 , 5101:2-7-16 and 5101:2-7-17 of the Administrative Code shall not be changed solely as the result of the enactment of those rules or placement of the child into one of the new categories of foster homes created by those rules.

(R) A child with special, exceptional or intensive needs as described in this rule who is placed in a foster home prior to April 1, 2005 and on whose behalf a difficulty of care payment is made shall continue to be eligible to receive the difficulty of care payment as long as the child remains placed in the same family foster home.

Effective: 05/01/2014
R.C. 119.032 review dates: 01/23/2014 and 05/01/2019
Promulgated Under: 119.03
Statutory Authority: 5103.03 , 5101.141
Rule Amplifies: 5103.03 , 5153.16 , 5101.141
Prior Effective Dates: 4/1/86(Emer.), 7/1/86, 7/2/87, 9/30/87(Emer.), 12/27/87, 9/1/88, 9/1/89(Emer.), 11/30/89, 9/30/90, 9/30/91, 9/1/93, 12/17/94, 1/1/96, 5/1/98, 1/1/03, 12/1/03, 8/25/08

5101:2-47-19 Foster care maintenance program reimbursability: payments, reimbursements, graduation expenses and personal incidentals.

(A) Minimum and maximum foster care maintenance (FCM) reimbursement ceiling rates for foster homes, including emergency placements and for supplemental special, exceptional and intensive needs per diems are located in a "Family, Children and Adult Services Procedure Letter" found athttp://emanuals.odjfs.state.oh.us/emanuals and published once a year.

(B) Minimum and maximum reimbursement ceiling rates for clothing, personal incidentals and graduation expenses located in a "Family, Children and Adult Services Procedure Letter" found at http://emanuals.odjfs.state.oh.us/emanuals and published once a year. Auxiliary payments for clothing, personal incidentals and graduation expensese cannot exceed the maximum reimbursement ceiling rates.

(C) Per diem reimbursement for children's residential centers, group homes, maternity homes, residential parenting facilities, and purchased foster care homes is outlined in rule 5101:2-47-11 of the Administrative Code.

(D) Supplemental per diems related to difficulty of care are outlined in rule 5101:2-47-18 of the Administrative Code.

(E) Clothing expenses include clothing purchased during the first sixty days of initial substitute care placement as well as ongoing clothing needs as a result of growth, seasonal changes, or attrition.

(F) Graduation expenses are limited to those expenses directly related to the high school graduation event including, but not limited to, class rings, pictures, cap and gown cost, tuxedos, or prom gowns.

(G) Personal incidentals include, but are not limited to:

(1) Items related to personal hygiene.

(2) Cosmetics.

(3) Over-the-counter medications.

(4) Special dietary foods.

(5) Infant and toddler supplies (e.g., high chairs, diapers).

(6) Fees related to activities (e.g., boy/girl scouts).

(7) Special lessons (e.g., horseback riding).

(8) Graduation fees.

(H) Payments for clothing, graduation expenses or personal incidentals made by the Title IV-E agency to the substitute care provider providing children's residential center, group home, maternity home, or residential parenting facility services may be included in the per diem payment as agreed upon in accordance with rule 5101:2-47-23.1 of the Administrative Code. The Title IV-E FCM reimbursement for a child, including the maintenance payment, clothing, graduation expenses and personal incidentals shall not exceed the current per diem reimbursement ceiling established for the substitute care provider from the single cost report filed in accordance with rule 5101:2-47-26.2 of the Administrative Code.

(I) Reimbursements made under this rule shall be claimed pursuant to rule 5101:2-47-15 of the Administrative Code and reimbursed at the same rate as Title IV-E FCM reimbursements provided such payments are equally available to a non-Title IV-E child as well as to a Title IV-E child. Reimbursements may be authorized for each child for whom Title IV-E FCM reimbursements are being made.

(J) Documentation shall be maintained in the Title IV-E FCM case record to support such payments.

Effective: 05/01/2014
R.C. 119.032 review dates: 01/23/2014 and 05/01/2019
Promulgated Under: 119.03
Statutory Authority: 5101.141 , 5103.03 , 5153.166
Rule Amplifies: 5101.141 , 5103.03 , 5153.166
Prior Effective Dates: 4/1/86 (Emer.), 7/1/86, 7/2/87, 9/30/87 (Emer.), 12/27/87, 9/1/88, 9/1/89 (Emer.), 11/30/89, 9/30/90, 9/30/91, 9/1/92, 9/30/93, 12/17/94, 1/1/96, 5/1/98, 9/1/03, 1/1/07 , 9/1/09

5101:2-47-20 Foster care maintenance program reimbursability: Supplemental reimbursements for the cost of care for the child of a Title IV-E recipient parent.

(A) For purposes of this rule, a parent in substitute care who is program reimbursable for Title IV-E foster care maintenance (FCM) will be referred to as the "parent," and the child(ren) of this parent will be referred to as the "child."

(B) A Title IV-E agency need not assume custody of the child of a Title IV-E FCM recipient parent solely for the purpose of receipt of Title IV-E FCM funds to provide for the child's cost of care.

(C) The cost of care for the child residing with his/her parent in a foster home or residential parenting facility must be included as a supplemental payment to the Title IV-E FCM reimbursement made on behalf of his/her parent. The child is also eligible for medical services under Title XIX and social services under Title XX.

(D) If the parent and child no longer reside together in the same foster home or residential parenting facility, the following shall apply:

(1) The cost of care of the child can no longer be included as a supplemental payment to the FCM reimbursement made on behalf of his/her parent.

(2) The child's FCM eligibility must be determined based on the child's current and individual circumstances.

(E) A child whose cost of care is included as a supplemental payment to the Title IV-E FCM reimbursement made on behalf of his/her parent based on paragraph (C) of this rule, shall not be included in the count of children in substitute care reported on the 04281 "Children Services Quarterly Statistical Report." in the statewide automated child welfare information system (SACWIS). The child shall be included in the occupancy limitations specified in rules 5101:2-1-01 and 5101:2-5-32 of the Administrative Code.

Effective: 06/01/2013
R.C. 119.032 review dates: 01/25/2013 and 06/01/2018
Promulgated Under: 119.03
Statutory Authority: 5101.141 , 5103.03
Rule Amplifies: 5101.141 , 5103.03 , 5153.16
Prior Effective Dates: 11/1/93, 5/1/98, 6/13/00 (Emer), 9/7/00, 12/1/03, 8/25/08.

5101:2-47-21 [Rescinded] Foster care maintenance: Redetermination of program eligibility and reimbursability.

Effective: 08/20/2011
R.C. 119.032 review dates: 06/01/2011
Promulgated Under: 119.03
Statutory Authority: 5103.03 , 5101.141
Rule Amplifies: 5103.03 , 5153.16 , 5101.141
Prior Effective Dates: 1/1/83, 4/1/86(Emer.), 7/1/86, 7/2/87, 9/1/88, 1/1/89, 4/1/92, 5/1/98, 6/13/00, 9/7/00 (Emer.), 12/1/03, 8/25/08,

5101:2-47-22 Reasonable efforts requirements for foster care maintenance.

(A) The Title IV-E agency must obtain a judicial determination by a juvenile court of competent jurisdiction documenting one of the following:

(1) Reasonable efforts were made prior to the removal of the child to prevent the placement.

(a) The child was known to be at risk prior to any petition for removal of the child.

(b) There was some opportunity to work with the family to prevent the removal of the child.

(c) Attempts were made to provide services to reduce the risk to the child, or to improve the family situation so as to prevent the need to remove the child.

(2) Reasonable efforts to prevent the removal were made, although the urgent nature of the circumstances prevented the provision of services to the family prior to removal.

(a) An emergency situation caused the child to be in imminent risk of harm and no opportunity to provide preventative services exists.

(b) The court found that an emergency situation required removal of the child for his or her safety and services cannot prevent removal of the child.

(3) Reasonable efforts were not required as outlined in rule 5101:2-39-01 of the Administrative Code.

(B) A judicial determination as specified in paragraph (A) of this rule must be explicitly documented in a court order or court transcript no later than sixty days from the date the child is removed, as defined in rule 5101:2-47-14 of the Administrative Code. If such a determination is not made in accordance with this paragraph, the child will not be program eligible or reimbursable under Title IV-E for the entire substitute care episode.

In situatuions where a child is in a detention facility at the time the legal responsibility is directly ordered to the Title IV-E agency, the court order placing the child into detention will serve as the initial court order that removed the child from the specified relative.

(C) The Title IV-E agency which has legal responsibility for a child must obtain a judicial determination by a juvenile court of competent jurisdiction signifying that reasonable efforts were made to finalize the permanency plan for a child placed in substitute care:

(1) Within twelve months of whichever of the following occurs first:

(a) The date the child is adjudicated abused, neglected, dependent, unruly or delinquent, or

(b) Sixty days after the child was initially removed from a specified relative and placed into substitute care or into detention; and

(2) At least once every twelve months thereafter.

(3) If such a determination is not made in accordance with this paragraph:

(a) The child becomes non-reimbursable under Title IV-E from the end of the twelfth month following the date the child is considered to have entered foster care; and

(b) The child will remain non-reimbursable under Title IV-E through the first day of the month in which the reasonable efforts to finalize the permanency plan requirement is met.

(c) If a hearing is held regarding reasonable efforts, but the court does not issue a journal entry documenting the determination until a later date, the case remains reimbursable and the written judicial determination, once issued, will apply retroactively to the date of the hearing.

(D) If a judicial determination of reasonable efforts is not included as required in the court order, a transcript of the court proceedings is the only other documentation that will be acceptable to verify that these requirements have been made. An affidavit, amendment or a nunc pro tunc order will not be accepted as verification documentation of these judicial determinations.

(E) The documentation of all judicial determinations of reasonable efforts must meet the requirements described in rule 5101:2-39-01 of the Administrative Code.

Replaces: 5101:2-47-22

Effective: 06/01/2013
R.C. 119.032 review dates: 06/01/2018
Promulgated Under: 119.03
Statutory Authority: 5103.03 , 5153.16 , 5101.141
Rule Amplifies: 5103.03 , 5153.16 , 5101.141
Prior Effective Dates: 7/2/87, 9/1/88, 1/1/89, 5/1/98, 3/18/99 (Emer.), 6/17/99, 6/13/00(Emer.), 9/7/00, 9/1/03, 10/8/07.

5101:2-47-23 Beginning date of reimbursability for foster care maintenance.

(A) The beginning date of reimbursability for Title IV-E foster care maintenance (FCM) shall be no earlier than the date of the foster care placement. Reimbursement may begin the actual date of the child's placement, if the child meets all program eligibility and reimbursement criteria. Reimbursability may go back to the first day of the month that all eligibility requirements are met, if they were not met in the month that the child is initially placed. Reimbursement is contingent upon satisfaction of all of the following:

(1) The Title IV-E agency has legal responsibility for the care of the child as described in rule 5101:2-47-13 of the Administrative Code.

(2) The child meets the ADC-relatedness requirements as described in rule 5101:2-47-14 of the Administrative Code.

(3) Reasonable efforts certification for a court-order removal as described in rule 5101:2-47-22 of the Administrative Code, has been obtained. Program reimbursability may go back to the first day of the month in which the reasonable efforts certification was obtained as long as all other requirements of Chapter 5101:2-47 of the Administrative Code are met.

(4) The child continues to meet the age requirement as described in rule 5101:2-47-14 of the Administrative Code.

(5) The child is placed in a reimbursable placement facility as described in rule 5101:2-47-16 of the Administrative Code.

(B) Reimbursability for Title IV-E FCM payments for children placed in children's residential centers, group homes, residential parenting facilities or maternity homes may begin the actual date of the child's placement in an eligible placement facility, with an approved Title IV-E ceiling, if the child meets all program eligibility and reimbursement criteria.

Replaces: 5101:2-47-23

Effective: 06/01/2013
R.C. 119.032 review dates: 06/01/2018
Promulgated Under: 119.03
Statutory Authority: 5101.141 , 5103.03 , 5153.166
Rule Amplifies: 5101.141 , 5103.03 , 5153.166
Prior Effective Dates: 1/1/83, 4/1/86 (Emer.), 7/1/86, 7/2/87, 5/1/98, 7/1/00, 10/3/05, 9/1/09.

5101:2-47-23.1 Title IV-E agency contracting and contract monitoring requirements.

(A) Each Title IV-E agency, as defined in rule 5101:2-1-01 of the Administrative Code, shall establish a system of contracting and contract monitoring for child placement and related services.

(B) Each child placing agency contract for placement and related services shall include the following minimum requirements:

(1) Scope of services to be provided.

(2) Beginning and ending dates for which the contract terms will be binding upon the parties.

(3) Appropriate remedies for breach of contract.

(4) Provisions for termination and suspension.

(5) Requirement specifying the provider's responsibility to participate in the case plan and the Title IV-E agency's responsibility to participate in the child's treatment or service plan.

(6) Procedures and time frames for submitting progress reports for each child to the Title IV-E agency.

(7) Record retention requirements for financial records, census records, client records and documentation of legal compliance with Administrative Code rules.

(8) Requirements that the provider shall not permit funds to be paid or committed to be paid to any corporation, firm, association or business in which any of the members of the governing body of the agency, the executive personnel or their immediate families have any direct or indirect financial interest, or in which any of these persons serve as an officer or employee, unless the services or goods involved are provided at a competitive cost or under terms favorable to the provider.

(9) Requirements for an annual audit as follows:

(a) The private child placing agency (PCPA) or private noncustodial agency (PNA) shall engage an independent public accountant to conduct an annual audit of its financial statements. If the PCPA or PNA participates in the Title IV-E program an agreed upon procedures engagement must be conducted for the agency's Title IV-E cost report in accordance with the requirements specified in rule 5101:2-47-26.2 of the Administrative Code. The audit shall be conducted in accordance with government auditing standards.

(b) The PCSA or other public entity shall have an annual agreed upon procedures engagement conducted for its Title IV-E cost report in accordance with the requirements set forth in rule 5101:2-47-26.2 of the Administrative Code.

(10) Requirements that the provider adhere to the following financial reporting principles:

(a) Generally accepted accounting principles for maintaining all financial records. Appropriate documentation for each financial transaction shall be available for examination upon request by the Title IV-E agency, the Ohio department of job and family services (ODJFS), the Ohio auditor of state, or the United States department of health and human services.

(b) Rule 5101:2-47-11 of the Administrative Code:"Reimbursement for foster care maintenance costs for children's residential centers, group homes, maternity homes, residential parenting facilities, and purchased family foster care homes."

(c) Rule 5101:2-47-26.1 of the Administrative Code:"Public children services agencies (PCSA), private child placing agencies (PCPA), private noncustodial agencies (PNA): Title IV-E cost report filing requirements, record retention requirements and related party disclosure requirements."

(d) Rule 5101:2-47-26.2 of the Administrative Code:"Cost Report 'Agreed Upon Procedures' engagement."

(e) For public agencies: federal office of management and budget circular A-87: "Cost Principles for State, Local and Indian Tribal Governments", 2 CFR Part 225 (8/30/05).

(f) For private agencies: federal office of management and budget circular A-122: "Cost Principles for Non-Profit Organizations", 2 CFR Part 230 (8/30/05).

(g) Invoicing procedures shall at a minimum correspond to the agreed upon per diem associated with maintenance and administration. Invoicing procedures may also include per diems associated with the following purchased services:

(i) Case management; allowable administration cost.

(ii) Transportation; allowable administration cost.

(iii) Other direct services; allowable maintenance cost.

(iv) Behavioral health care; non-reimbursable cost.

(v) Other costs (any other cost the Title IV-E agency agrees to participate in); non-allowable/non-reimbursable cost.

(C) Within thirty days of entering into the child placing agency contract the Title IV-E agency shall notify ODJFS so that ODJFS may fulfill its obligations in accordance with rule 5101:2-47-26 of the Administrative Code. The contract notifications shall be forwarded to IV-EContracts@jfs.ohio.gov and shall include:

(1) Name of the Title IV-E agency.

(2) Title IV-E agency director.

(3) Title IV-E agency contract administrator.

(4) Complete Title IV-E agency address.

(5) Title IV-E agency phone number.

(6) Contract agency name.

(7) Contract agency director.

(8) Contract agency address.

(9) Contract agency phone number.

(10) Contract begin date.

(11) Contract end date.

(D) The Title IV-E agency is required to enter into an individual child care agreement (ICCA) for each child placed with the provider. The ICCA shall, at a minimum, contain the following:

(1) The requirements set forth in rule 5101:2-42-90 of the Administrative Code.

(2) The per diem for maintenance and the per diem for administration.

(3) The parties to the ICCA shall be the Title IV-E agency and the provider/caregiver as specified in rule 5101:2-42-90 of the Administrative Code.

(E) ODJFS shall publish on its website a sample contract, a sample ICCA and a sample invoice. The Title IV-E agency may use the ODJFS samples or the Title IV-E agency may develop its own contract, ICCA and invoice. If the Title IV-E agency develops its own contract, it shall include the minimum requirements set forth in paragraph (B) of this rule.

(F) Each Title IV-E agency shall establish a written monitoring procedure to provide reasonable assurance that the terms and conditions of the contract are being adhered to. Monitoring procedures may include, but are not limited to the following:

(1) A comparison of invoices to the agreed upon per diem amount from the ICCA to ensure billing accuracy.

(2) A review of progress reports submitted by the provider to the agency to ensure the services being delivered are in accordance with the child's treatment plan.

(G) ODJFS office for children and families, shall establish a monitoring process to provide reasonable assurance that Title IV-E agencies are in compliance with this rule.

Effective: 10/01/2008
R.C. 119.032 review dates: 04/30/2008 and 10/01/2013
Promulgated Under: 119.03
Statutory Authority: 5101.141 , 5103.03 , 5153.16
Rule Amplifies: 5101.141 , 5103.03 , 5153.16
Prior Effective Dates: 12/1/01, 01/01/07, 02/10/08

5101:2-47-24 ODJFS Title IV-E reimbursement ceiling amount - approval system. [Rescinded].

Rescinded eff 9-1-09

5101:2-47-25 Foster care maintenance reimbursement ceiling amounts: Allowable costs for use in completing the JFS 02909 Residential Child Care Facility Cost Report and the JFS 02910 Purchased Foster Care Cost Report. [Rescinded].

Rescinded eff 7-1-04

5101:2-47-26 Title IV-E agencies, private child placing agencies (PCPA), private noncustodial agencies (PNA): penalties for failure to comply with fiscal accountability procedures.

(A) A Title IV-E agency, private child placing agency (PCPA), or private noncustodial agency (PNA) shall comply with the Ohio department of job and family services (ODJFS) fiscal accountability procedures set forth in Chapter 5101:2-47 of the Administrative Code.

(1) For an initial failure to comply, the Title IV-E agency, PCPA, or PNA shall develop a corrective action plan to correct the areas determined to be in noncompliance. The corrective action plan shall:

(a) Identify the areas of noncompliance.

(b) Identify the action steps required to correct the noncompliance.

(c) Identify a completion date for each of the action steps.

(d) Be completed within a time period negotiated between ODJFS and the Title IV-E agency, PCPA, or PNA.

(e) Be developed jointly by the Title IV-E agency, PCPA, or PNA and ODJFS.

(f) Be submitted to ODJFS within thirty days of the Title IV-E agency's, PCPA's, or PNA's receipt of a written finding of noncompliance.

(2) If a Title IV-E agency fails to implement the corrective action plan submitted in accordance with paragraph (A)(1) of this rule, ODJFS may take any action permitted in accordance with sections 5101.11 and 5101.1410 of the Revised Code.

(3) If ODJFS determines the Title IV-E agency is solely or partially responsible for an adverse audit or quality control finding, final disallowance of federal financial participation or other sanction or penalty in accordance with sections 5101.24 and 5101.1410 of the Revised Code, ODJFS may take one or more of the following actions against the Title IV-E agency:

(a) Require the Title IV-E agency to submit to and comply with a corrective action plan pursuant to a time schedule specified by ODJFS.

(b) Require the Title IV-E agency to share with ODJFS a final disallowance of federal financial participation or other sanction or penalty.

(c) Require the Title IV-E agency to reimburse ODJFS for the amount ODJFS pays to the federal government for an adverse audit or quality control finding, final disallowance of federal financial participation, or other sanction or penalty issued by the federal government.

(d) Require the Title IV-E agency to pay the federal government the amount representing the amount the Title IV-E agency is responsible for in an adverse audit or quality control finding, final disallowance of federal financial participation, or other sanction or penalty issued by the federal government.

(e) Any other sanction or action permissible under sections 5101.24 and 5101.1410 of the Revised Code.

(f) With respect to paragraph (A)(3)(d) of this rule, the determination of whether the Title IV-E agency is solely or partially responsible will be determined in accordance with Chapters 5101:6-1 to 5101:6-9 of the Administrative Code.

(4) If a Title IV-E agency fails to comply with the fiscal accountability procedures set forth in Chapter 5101:2-47 of the Administrative Code, ODJFS shall provide a written summary of noncompliance to the board of county commissioners of the county served by the Title IV-E agency.

(5) If a PCPA or PNA fails to implement a corrective action plan submitted in accordance with paragraph (A)(1) of this rule, ODJFS may do one of the following:

(a) Cancel the Title IV-E reimbursement ceilings.

(b) Pursuant to Chapter 119. of the Revised Code, take action to revoke the agency's certificate issued under section 5103.03 of the Revised Code.

(6) In accordance with sections 5101.11 and 5101.1410 of the Revised Code, ODJFS may take one or more of the following actions against the PCPA or PNA if ODJFS determines the PCPA or PNA is solely or partially responsible for an adverse audit or quality control finding, final disallowance of federal financial participation or other sanction or penalty:

(a) Require the PCPA or PNA to reimburse ODJFS for the amount ODJFS pays to the federal government for an adverse audit or quality control finding, final disallowance of federal financial participation, or other sanction or penalty issued by the federal government.

(b) Any other sanction or action permissible under sections 5101.24 and 5101.1410 of the Revised Code.

(7) If a PCPA or PNA fails to comply with the fiscal accountability procedures set forth in Chapter 5101:2-47 of the Administrative Code, ODJFS shall provide a written summary of the findings of noncompliance to the PCPA or PNA board of directors. In addition, ODJFS shall notify the executive director of each Title IV-E agency that has entered into a contract for placement services with the PCPA or PNA.

(8) For Title IV-E agencies, PCPAs, and PNAs completing the single cost report for the establishment of Title IV-E reimbursement ceilings the following shall apply:

(a) Failure to submit the single cost report and agreed upon procedures with all required documentation by the deadline prescribed in rule 5101:2-47-26.2 of the Administrative Code may result in reimbursement ceilings being established as of the first day of the month following the date all required documentation is received by ODJFS.

(b) Any errors identified on a single cost report or agreed upon procedures submitted prior to the deadline and in accordance with rule 5101:2-47-26.2 of the Administrative Code may result in the suspension of reimbursement ceilings until such time as the errors have been corrected to the satisfaction of ODJFS. Once the corrections have been approved the reimbursement ceilings shall be retroactive and effective as of the applicable rate period begin date.

(c) If ODJFS cancels the Title IV-E reimbursement ceilings, ODJFS will resume the ceilings effective on the first day of the month following the date the agency comes into compliance. There will be no retroactive rate adjustment for the time period the agency was out of compliance.

(d) Reimbursement ceilings established from a single cost report submitted after a rate cancellation may be suspended until such time as the corrective action for the prior period has been completed to the satisfaction of ODJFS.

(B) Subsequent failures to comply relating to noncompliance issues previously identified pursuant to paragraph (A)(1) of this rule are subject to the same penalty provisions specified in paragraph (A)(2) of this rule for Title IV-E agencies and paragraph (A)(5) for PCPAs and PNAs.

(C) All corrective actions shall adhere to the requirements set forth in paragraph (A)(1) of this rule. All failures to implement the corrective action plan are subject to the penalties set forth in paragraph (A)(2) of this rule for Title IV-E agencies and paragraph (A)(5) for PCPAs and PNAs.

(D) The Title IV-E agency, PCPA, or PNA, at its discretion, may request technical assistance from ODJFS in the development and implementation of the corrective action plan.

(E) If ODJFS sanctions a Title IV-E agency, PCPA or PNA, ODJFS shall take every possible precaution to ensure any foster children that have been placed or served by an agency under sanction are not removed from the certified foster homes they reside in if their safety and well-being are not at risk.

Effective: 11/01/2014
Five Year Review (FYR) Dates: 07/23/2014 and 11/01/2019
Promulgated Under: 119.03
Statutory Authority: 5101.146 , 5101.147 , 5101.148 , 5101.24 , 5101.11
Rule Amplifies: 5101.146 , 5101.147 , 5101.148
Prior Effective Dates: 12/1/01, 1/1/07, 09/01/09

5101:2-47-26.1 Public children services agencies (PCSA), private child placing agencies (PCPA), private noncustodial agencies (PNA): Title IV-E cost report filing requirements, record retention requirements and related party disclosure requirements.

(A) As a condition for receiving a Title IV-E foster care reimbursement ceiling amount, each public children services agency (PCSA), private child placing agency (PCPA) and private noncustodial agency (PNA) shall file a Title IV-E JFS 02911 "Single Cost Report" including supplements and attachments as outlined in rule 5101:2- 47.26 .2 of the Administrative Code.

(B) To complete a JFS 02911 single cost report:

(1) A PCPA and PNA shall adhere to:

(a) The allowable and unallowable cost principles contained in the office of management and budget (OMB) circulars A-122 (www.whitehouse.gov/omb/circulars/).

(b) Section 501(c)(3) of the Internal Revenue Code for non-profit organizations (www.irs.gov/publications/index).

(2) A PCSA shall adhere to allowable and unallowable cost principles contained in the OMB circular A-87 (www.whitehouse.gov/omb/circulars/).

(3) A PCSA, PCPA or PNA shall not use any costs specifically subsidized by other federal monies with the exception of federal funds authorized by federal law to be used to match other federal funds.

(4) A PCSA, PCPA or PNA shall use the straight line depreciation methodology to report depreciation.

(C) The JFS 02911 shall be completed for each cost reporting period, which is July first through June thirtieth, and submitted by December thirty-first, following the cost reporting period.

(D) For good cause and upon written request a PCSA, PCPA, or PNA may request an extension of the cost report filing deadline. The written request shall be filed prior to the deadline and must include information explaining the facts and circumstances giving rise to the need for a cost report extension, projected timeline for filing the cost report and any other information the PCSA, PCPA or PNA would like to have considered.

(E) A PCSA, PCPA, or PNA new to the Title IV-E program or an existing PCSA, PCPA or PNA having established a new Title IV-E service shall submit a JFS 02911 for a minimum of three full calendar months of operations in order to receive a Title IV-E reimbursement ceiling amount.

(F) Notwithstanding the three-year records retention period, a cost shall be supported by all relevant documentation related to the reported cost. Financial records, census records, client records and documentation of legal compliance with the administrative code requirements (all of which shall be made available upon request by ODJFS, the Ohio office of the auditor of the state or the U.S. department of health and human services) supporting the cost reports or claims for services rendered to recipients shall be retained for the greater of three years after the cost report is filed, or if an audit has begun within the three year period records shall be retained three years after all appeal rights relating to the audit report are exhausted.

(G) When completing the JFS 02911 the PCSA, PCPA, or PNA shall comply with the following requirements pertaining to related party transactions:

(1) Each PCSA, PCPA, or PNA, shall have a conflict of interest policy, to include at a minimum that the PCSA, PCPA, or PNA shall not permit funds to be paid or committed to any corporation, firm, association, or business in which any of the members of the governing body of the agency, executive personnel or their immediate families have any direct or indirect financial interest, or which any of these persons serve as an officer or employee, unless the services or goods involved are provided at a competitive cost or under terms favorable to the PCSA, PCPA, or PNA.

(2) Adherence to the internal control procedures established by the agency's governing body, for the procurement of goods and services, so long as those procedures are consistent with paragraph (H)(1) of this rule.

(3) Approval by the governing body of all transactions with any member of the governing body or relatives of the governing body.

(4) Documentation in the board minutes of all transactions between the agency and any member of the governing body or their relatives.

(5) All compensation paid to the board members or relatives of the board members shall be disclosed on the cost reports and is subject to a test of reasonableness.

(6) On the cost report, the PCSA, PCPA or PNA is required to disclose all party transactions as defined in paragraph (H)(1) of this rule and all loans to employees.

Effective: 09/01/2009
R.C. 119.032 review dates: 04/28/2009 and 09/01/2014
Promulgated Under: 119.03
Statutory Authority: 5101.141 , 5103.03 , 5153.166
Rule Amplifies: 5101.141 , 5103.03 , 5153.166
Prior Effective Dates: 4/15/88 (Emer.), 7/11/88, 9/1/89 (Emer.), 11/30/89, 5/1/98, 9/1/03, 7/1/04

5101:2-47-26.2 Cost report "Agreed Upon Procedures" engagement.

(A) Each Title IV-E agency as defined by rule 5101:2-1-01 of the Administrative Code, private child placing agency(PCPA), or private noncustodial agency (PNA) that completes a cost report pursuant to rule 5101:2-47-26.1 of the Administrative Code shall follow the JFS 02911-I"Single Cost Report Instructions" (rev. 7/2011) and shall have an annual "Agreed Upon Procedures" engagement conducted for its cost report.

(B) Each Title IV-E agency that files a cost report will have an annual "Agreed Upon Procedures" engagement conducted by the Ohio department of job and family services (ODJFS). For timely performance of the "Agreed Upon Procedures" engagement, the Title IV-E agency shall complete its cost report by September thirtieth of each year.

(C) Each PCPA or PNA shall engage a certified public accountant (CPA) to conduct the annual "Agreed Upon Procedures" engagement in accordance with the ODJFS "Agreed Upon Procedures" specified in the appendix of this rule.

(D) The CPA who conducts the annual "Agreed Upon Procedures" engagement for a PCPA or PNA shall adhere to confidential requirements set forth in rule 5101:1-1-03 of the Administrative Code. Whenever names, addresses, or other identifying information relating to children in care is used by any individual CPA or CPA firm, they shall prevent the publication or disclosure of names, lists, or other information concerning children.

(E) The CPA who conducts the annual "Agreed Upon Procedures" engagement for a PCPA or PNA shall make the working papers and suitable facilities available onsite or submit copies of the "Agreed Upon Procedures" working papers to ODJFS for review upon request.

(F) Each PCPA or PNA shall participate in any quality assurance review conducted by ODJFS.

(1) The annual "Agreed Upon Procedures":

(a) Shall be conducted by auditors who, during the period of the auditor's professional engagement and during the period covered by the cost report, do not have nor are committed to acquire any direct or indirect financial interest in the ownership, financing or operation of the PCPA or PNA and were not involved in the preparation of the cost report.

(b) Work papers shall be in accordance with generally accepted government auditing standards (GAGAS) as in effect of the date of this rule. These standards can be obtained at www.gao.gov/govaud/ybk01.htm.

(c) Report shall be performed in accordance with the attestation standards as prescribed by the "American Institute of Certified Public Accountants" (AICPA) as in effect on the effective date of this rule. These standards can be obtained at www.aicpa.org/index.htm.

(2) The CPA may request a waiver of any requirements imposed by the "Agreed Upon Procedures" specified in the appendix of this rule due to extenuating circumstances.

(a) The waiver request shall be filed with the office of fiscal and monitoring services of ODJFS.

(b) The waiver request shall include information explaining the facts and circumstances giving rise to the need for a waiver and any other information which the CPA would like to have considered.

(c) Based upon the evidence presented by the CPA, it is the sole discretion of ODJFS to grant or deny the waiver.

(d) ODJFS' decision to grant or deny a waiver, in whole or in part, is on an individual basis and shall not be construed as a generic decision covering all agency "Agreed Upon Procedures" engagements.

(e) ODJFS' decision to grant or deny a waiver will be final and shall not be construed as creating any rights to a hearing under Chapter 119. of the Revised Code.

Replaces: 5101:2-47- 26.2

Click to view Appendix

Click to view Appendix

Effective: 08/20/2011
R.C. 119.032 review dates: 08/01/2016
Promulgated Under: 119.03
Statutory Authority: 5101.141 , 5101.145
Rule Amplifies: 5101.145
Prior Effective Dates: 1/1/04, 12/12/05, 8/4/06, 2/10/08, 10/1/08, 11/9/09

5101:2-47-27 Foster care maintenance and administration reimbursement ceiling amounts: Out-of-state residential care facilities. [Rescinded].

Rescinded eff 7-1-04

5101:2-47-28 Adoption assistance eligibility procedure: application process for adoption assistance. [Rescinded].

Rescinded eff 1-1-07

5101:2-47-29 Adoption assistance program eligibility: eligibility requirements. [Rescinded].

Rescinded eff 1-1-07

5101:2-47-30 Adoption assistance program eligibility: Special needs. [Rescinded].

Rescinded eff 1-1-07

5101:2-47-33 Adoption assistance program eligibility: age requirement. [Rescinded].

Rescinded eff 1-1-07

5101:2-47-34 Adoption assistance program eligibility: Determination of continuing eligibility requirements. [Rescinded].

Rescinded eff 1-1-07

5101:2-47-35 Adoption assistance eligibility procedure: Title IV-E adoption assistance post-finalization application. [Rescinded].

Rescinded eff 1-1-07

5101:2-47-36 Adoption assistance payment eligibility: Adoption assistance agreement and duration; provision for financial support and services. [Rescinded].

Rescinded eff 1-1-07

5101:2-47-37 Adoption assistance payment eligibility: agreement only with no payment option. [Rescinded].

Rescinded eff 1-1-07

5101:2-47-38 Adoption assistance payment eligibility: Modification/amendment of adoption assistance agreement. [Rescinded].

Rescinded eff 1-1-07

5101:2-47-39 Adoption assistance payment eligibility: payment for retroactive adoption assistance. [Rescinded].

Rescinded eff 1-1-07

5101:2-47-40 Adoption assistance payment eligibility: beginning date of payment. [Rescinded].

Rescinded eff 1-1-07

5101:2-47-41 Adoption assistance payment eligibility: termination of adoption assistance. [Rescinded].

Rescinded eff 1-1-07

5101:2-47-42 Adoption assistance payment rate: determination of the payment amount. [Rescinded].

Rescinded eff 1-1-07

5101:2-47-43 Adoption assistance payment rate: payment rate for adoption assistance. [Rescinded].

Rescinded eff 1-1-07

5101:2-47-44 Adoption assistance: Reimbursement of nonrecurring adoption expenses. For a child with special needs. [Rescinded].

Rescinded eff 1-1-07