Lawriter - OAC - 5101:9-6-28 Title IV-E funding.

5101:9-6-28 Title IV-E funding.

(A) The Ohio department of job and family services (ODJFS) provides federal funding to public children services agencies (PCSA) and adoptive parents pursuant to Title IV-E of the federal Social Security Act.

(B) ODJFS issues Title IV-E funding to provide federal financial participation (FFP) for administration and training payments, foster care maintenance (FCM) payments, and adoption assistance (AA) payments. The county must provide state allocated general revenue funds or local funds for the nonfederal share. When the nonfederal share includes donated funds, rule 5101:9-7-50 of the Administrative Code must be followed.

(C) The catalog of federal domestic assistance (CFDA) numbers for Title IV-E funding are 93.658 and 93.659.

(1) Administration and training costs outlined in paragraph (D) of this rule are reported as a combination of CFDA numbers 93.658 and 93.659;

(2) FCM costs outlined in paragraph (E) of this rule are reported under CFDA 93.658; and

(3) AA costs outlined in paragraph (F) of this rule are reported under CFDA 93.659.

(D) Administration and training-reimbursement costs.

(1) Any administrative or training cost charged to the Title IV-E program may not be charged concurrently to another federal program. The results of the random moment sampling (RMS) and the statewide percentage of Title IV-E eligible children are statistically applied to the statewide social services cost pool to derive the cost of reimbursable Title IV-E activities for the statewide Title IV-E administration and training claim to the federal government. Costs are claimed separately for FCM based on the statewide automated child welfare information system (SACWIS) population data.

(2) The following variables are used to calculate the administration and training reimbursement:

(a) Applicable activity code information from the RMS time studies;

(b) Cost data from the JFS 02820 "Children Services Quarterly Financial Statement" or the JFS 02827 "Public Assistance (PA) Quarterly Financial Statement";

(c) Population data from SACWIS;

(d) Calculations performed by ODJFS during the quarterly reconciliation process, which consider the following factors:

(i) The costs associated with each county's social services cost pool as reported on the JFS 02820 or the JFS 02827;

(ii) A percentage of Title IV-E eligible activities as determined through data obtained from SACWIS; and

(iii) The number of FCM and AA Title IV-E children served in each county relative to the number of children in substitute care and paid adoptive placement in the county as reported in SACWIS.

(3) The Title IV-E administration and training funding is distributed as a reimbursement to the PCSA quarterly, as derived from the results of the quarterly Title IV-E administration and training claim calculation . The FFP rate is fifty per cent for administrative costs.

(E) FCM reimbursements.

(1) FCM reimbursements are provided to cover the costs of a child's daily needs that are incurred by the agency.

(2) The federal foster care maintenance reimbursement amount for allowable FCM costs on behalf of Title IV-E eligible children is established by the federal department of health and human services every October first.

(3) FCM reimbursements may be made to Title IV-E agencies on behalf of adjudicated children if an agreement exists between the Title IV-E agency or the board of county commissioners and ODJFS. FCM reimbursements may be made only if the eligible child is placed in a licensed/certified/approved foster care facility as required by rule 5101:2-47-16 of the Administrative Code.

(4) FCM reimbursements are established pursuant to rules 5101:2-47-11 and 5101:2-47-17 of the Administrative Code and exist for the following types of care:

(a) Public foster homes, relative homes, and pre-finalized adoptive homes; and

(b) Group homes, maternity homes, and children's residential centers; purchased foster care.

(5) Agencies initiate FCM reimbursements by using one of the following:

(a) SACWIS; or

(b) An advance from ODJFS to counties participating in "ProtectOhio" as explained in rule 5101:9-6-25 of the Administrative Code.

(F) AA payments.

(1) AA payments are provided on behalf of special needs children who are in adoptive placement or who are living with parents who have legally adopted them. The AA payment rate is determined on an individual basis for each child. The maximum amount of AA payment eligible for FFP cannot exceed the cost of the FCM payment that would be made if the child had remained in foster care.

(2) ODJFS provides the nonfederal share of the monthly AA payments and state adoption maintenance subsidy (SAMS) payments up to the maximum level of payments as determined by ODJFS for a Title IV-E only child and for a child determined to be dual eligible for Title IV-E and SAMS on or before January 12, 1992. The county agency is responsible for the nonfederal share of any amount in excess of these amounts up to the maximum amount eligible for FFP.

(3) The determination of payee is made at the local level and specified in SACWIS. ODJFS issues the federal and state shares of AA payments via SACWIS in a warrant payable to the adoptive parents or the county agency that has custody of the child.

(G) The definitions, requirements, and responsibilities contained in rule 5101:9-6-50 of the Administrative Code are applicable to this rule.

Effective: 12/23/2016
Promulgated Under: 111.15
Statutory Authority: 5101.141
Rule Amplifies: 5101.141
Prior Effective Dates: 7/24/83, 7/15/84, 11/1/85 (Emer), 4/1/86, 8/22/86, 9/1/86, 1/1/87 (Emer), 4/1/87, 7/11/88, 3/12/90, 5/11/90, 3/20/93, 7/1/94, 4/3/98, 7/2/02 (Emer), 9/28/02, 2/20/04, 2/9/09, 9/1/09, 6/30/10, 11/14/11