5101:2-47-20 [Effective until 6/1/2013]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 infant, child, or children 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 JFS 04281 "Children Services Quarterly Statistical Report." (rev. 12/2007) 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.

(F) A child, as referred to in paragraphs (A) and (C) of this rule, need not have a separate case plan completed pursuant to rule 5101:2-39-08.1 of the Administrative Code nor separate semiannual administrative reviews completed pursuant to rule 5101:2-42-43 of the Administrative Code. The child shall be included in the case plan of the parent and any required semiannual administrative reviews of the parent.

(G) If paragraph (D) of this rule applies, and the child is to remain in substitute care, the Title IV-E agency must establish legal responsibility for the child's care and placement, a case plan must be developed for the child pursuant to rule 5101:2-39-08.1 of the Administrative Code and semiannual administrative reviews for the child must be held pursuant to rule 5101:2-42-43 of the Administrative Code.

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 , 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