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) An alternative care provider that is licensed, certified, or approved. If a child is with an alternative care provider for fourteen days or less and the child returns to the original placement, then the alternative care placement will not count as a placement change for the adoption and foster care analysis reporting system (AFCARS).

(B) Foster care maintenance reimbursement may be claimed 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.

If the leave exceeds fourteen days, the Title IV-E agency will not be reimbursed for any of the days the child was on leave. If the child does not return to the same placement he or she was in prior to the leave, the Title IV-E agency will not be reimbursed for any of the days the child was on leave.

(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: 08/20/2011
R.C. 119.032 review dates: 06/01/2011 and 08/01/2016
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, 5/1/98, 6/13/00 (Emer.), 9/7/00, 12/1/03, 8/25/08,