5101:2-47-13 [Effective until 6/1/2013]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.

(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, the Title IV-E agency must, by the one hundred and eightieth day from the date of placement, petition the court for a judicial determination to the effect that continuation in the home is contrary to the best interest of the child or that the placement is in the best interest of the child. The judicial determination or subsequent judicial determination of reasonable efforts, as described in rule 5101:2-47-22 of the Administrative Code, must be made by the one hundred and eightieth day from the date of removal.

(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: 08/25/2008
R.C. 119.032 review dates: 08/10/2007 and 09/01/2012
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