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This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and universities.

Chapter 5101:2-45 | Title IV-E Candidate for Family First Prevention Services (FFPS) Program

 
 
 
Rule
Rule 5101:2-45-01 | Administration of the Title IV-E candidate for family first prevention services (FFPS) program.
 

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

(1) To help keep children at imminent risk of removal safely with their families and avoid the traumatic experience of entering foster care.

(2) To emphasize the importance of children growing up in families.

(B) The Title IV-E agency may claim administrative expenditures for reimbursement only if FFPS are a direct responsibility of the Title IV-E agency. The Title IV-E agencies are to:

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

(2) Determine eligibility for the FFPS program.

(3) Maintain a family case plan or prevention services plan which clearly indicates at least one trauma informed, evidence-based FFPS for each eligible child.

(4) Make available documentation which supports the child's eligibility for FFPS. Documentation can include hard copy files, electronic files or a combination of both.

(5) Facilitate service planning and provision of services under the FFPS program.

(6) Claim administrative costs in the same month that it determines and documents a child is a candidate for FFPS through the random moment sample (RMS) time study.

(C) Beginning federal fiscal year (FFY) 2022 through FFY 2026, costs of FFPS are reimbursable at fifty per cent of federal financial participation (FFP) under Title IV-E.

(D) Beginning in FFY 2027, FFPS are reimbursable at the applicable federal medicaid assistance percentages (FMAP) rate for the state.

(E) In FFY 2022 and FFY 2023, at least fifty per cent of the amounts expended by the state for a FFY for the FFPS program are to be for services that meet the "supported" and/or "well-supported" practice criteria. Beginning with FFY 2024 and for all FFYs going forward, states are to meet the fifty per cent "well-supported" practice criteria.

(F) FFPS are to be at least one of the allowable types of services that have been rated by the Title IV-E prevention services clearinghouse, are identified in the state's five-year FFPS plan, and are provided by an approved provider through the center of excellence (COE).

(G) Title IV-E agency administrative and training costs associated with the FFPS program will be reimbursed at fifty per cent.

(H) FFPS program eligibility and program reimbursability are to be concurrently achieved before any reimbursement may be issued.

(I) FFPS program administrative reimbursement will not be discounted by the eligibility ratio.

Last updated October 1, 2021 at 8:39 AM

Supplemental Information

Authorized By: 2151.412, 5153.166, 5101.11
Amplifies: 2151.412, 5153.16, 2151.421, 2151.429, 5103.03, 5101.11
Five Year Review Date: 10/1/2026
Rule 5101:2-45-02 | Title IV-E candidate for family first prevention services (FFPS) program eligibility.
 

(A) The Title IV-E agency may provide FFPS to eligible candidates and the childs parent(s) or kinship caregiver(s). FFPS for a child who is able to remain safely in the home of a parent(s) or kinship caregiver(s), with at least one identified approved, evidence-based practice service in place, is to be reimbursed to the Title IV-E agency as outlined in rule 5101:2-45-03 of the Administrative Code. Kinship caregiver(s) has the same meaning as in section 5101.85 of the Revised Code.

(B) A candidate for FFPS is a child, who has a screened-in report, is not in the legal responsibility for the care and placement/custody of a Title IV-E agency, is at imminent risk of removal, and at least one of the following apply:

(1) A child who has an open in-home child welfare case and is receiving services. This includes the following types of open in-home cases:

(a) Court ordered protective supervision.

(b) Voluntary cases.

(c) Children with an in or out of home (including with kinship caregiver(s)) safety plan.

(d) Children receiving services from at least one other system in the community which may include but is not limited to juvenile justice, behavioral health, or developmental disabilities.

(e) Infants identified as being substance exposed or as being substance affected by abuse of legal or illegal substances, withdrawal symptoms, or a fetal alcohol spectrum disorder who have assessed safety factors and risk contributors.

(2) Siblings and other children in the home of a child in foster care who are:

(a) Living with the parent(s) or kinship caregiver(s) who the child in foster care was removed from; and

(b) Participants on an open case with a goal of reunification for the child who is in foster care.

(3) Siblings and other children in the home of a child who has experienced a screened-in fatality or near fatality with a substantiated or indicated disposition and has assessed safety factors and risk contributors.

(4) Children who have discharged from legal responsibility for the care and placement/custody and achieved permanency within the last twelve months and the parent(s) or kinship caregiver(s) agrees to ongoing services.

(5) Children who have been adopted within the last twelve months and there are assessed safety factors and risk contributors.

(6) Children who are at risk of experiencing an adoption dissolution.

(C) Pregnant or parenting youth in foster care in need of prevention services, including those youth who are in extended foster care, are also eligible when services are designated in the family case plan or prevention services plan prior to the provision of services.

(D) Candidates for FFPS eligibility will be determined in the statewide automated child welfare information system (SACWIS) by the Title IV-E agency representative when all FFPS eligibility requirements are met.

(E) A Title IV-E agency may provide FFPS to or on behalf of the child for a twelve-month period. An additional twelve-month period, including for contiguous twelve-month periods, can be added when it is determined that the child remains eligible and documented in the child's family case plan or prevention services plan.

(F) FFPS eligibility ends when the child no longer meets the requirements listed in paragraph (B) or (C) of this rule or when the Title IV-E agency assumes the legal responsibility for the care and placement/custody of the child.

(G) A new FFPS episode should be created in SACWIS for pregnant or parenting youth coming into the legal responsibility for the care and placement/custody of a Title IV-E agency.

Last updated October 1, 2021 at 8:40 AM

Supplemental Information

Authorized By: 2151.412, 5153.166, 5101.11
Amplifies: 2151.412, 5153.16, 2151.421, 2151.429, 5103.03, 5101.11
Five Year Review Date: 10/1/2026
Rule 5101:2-45-03 | Reimbursement for Title IV-E candidate for family first prevention services (FFPS) program.
 

(A) FFPS are to be at least one of the following reimbursable types of services, provided by a culturally competent qualified provider(s) who provides diverse and equitable services, that have been rated and approved by the Title IV-E prevention services clearinghouse https://preventionservices.abtsites.com/, are identified in the states five-year Title IV-E FFPS program plan and are provided by an approved provider through the center of excellence (COE):

(1) Mental health services.

(2) Substance abuse prevention and treatment services.

(3) In-home parent skilled-based programs, which include parenting skills training, parent education and individual and family counseling, which do not have to be delivered in the home.

(B) The services outlined in paragraph (A) of this rule are to be:

(1) Rated as promising, supported, or well-supported as outlined in the law and in accordance with health and human services (HHS) practice criteria as part of the Title IV-E prevention services clearinghouse.

(2) Utilizing a trauma-informed approach and trauma-specific interventions.

(3) Specified in advance in the child's family case plan or prevention services plan.

(C) FFPS costs are reimbursable to the Title IV-E agency at the appropriate federal financial participation (FFP) amount when the FFPS are paid for through state and local funds:

(1) Beginning federal fiscal year (FFY) 2022 through FFY 2026, costs of FFPS are reimbursable at fifty per cent FFP under Title IV-E.

(2) Beginning in FFY 2027, FFPS are reimbursable at the applicable federal medicaid assistance percentages (FMAP) rate for the state.

(3) In FFY 2022 and FFY 2023, at least fifty per cent of the amounts expended by the state for a FFY for the Title IV-E FFPS are to be for services that meet the "supported" and/or "well-supported" practice criteria.

(4) Beginning with FFY 2024 and for all FFYs going forward, states are to meet the fifty per cent "well-supported" expenditures requirement.

(D) Costs for the proper and efficient administration of the Title IV-E FFPS program are reimbursable at fifty per cent FFP. The Title IV-E agency may claim for allowable activities including but not limited to:

(1) The development and maintenance of the childs family case plan or prevention services plan.

(2) Case management activities such as verification and documentation of program eligibility.

(3) Referral to services.

(E) FFPS and administrative costs may be claimed for an initial twelve-month period for an allowable evidence-based practice service beginning the first day of the month in which the child is identified in a prevention plan approved by the Title IV-E agency supervisor with at least one approved evidence-based practice service.

(F) An agency may claim beyond the twelve months, including for contiguous twelve-month periods when it is determined that the child remains eligible and documented in the child's family case plan or prevention services plan.

(G) Claiming for FFPS ends when the Title IV-E agency receives legal responsibility for the care and placement/custody of the child.

(H) The agreed upon amount paid by the Title IV-E agency for the FFPS are to be fully incurred by the Title IV-E agency to receive FFP.

(I) The Title IV-E agency is considered the payor of last resort and will not be considered a legally liable third party for the purposes of satisfying a financial commitment for the cost of providing FFPS that would have been paid for by a public or private source.

(J) Each Title IV-E agency is to enter all FFPS and costs into the Ohio statewide automated child welfare information system (SACWIS).

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

(1) Record FFPS, service authorization and cost information for each person eligible for FFPS activities.

(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 the Ohio department of job and family services (ODJFS) on the first business day of the following month.

(4) Access reports to review all itemized reimbursements and ensure the reimbursements are accurate.

(L) Reimbursement will be payable to the Title IV-E agency responsible for paying for the FFPS. The payment amount will be calculated from the completed reimbursement processing at the applicable FFP.

(M) FFPS reimbursability is only available for a child who meets the eligibility requirements in rule 5101:2-45-02 of the Administrative Code and the child's parent(s) or kinship caregiver(s). Kinship caregiver has the same meaning as in section 5101.85 of the Revised Code.

(N) Documentation of payments for FFPS, including receipts or invoices for the payment, are to be made available upon request.

(O) Reimbursability ends when one of the following occurs:

(1) There is no longer an identified approved, trauma-informed, evidence-based practice service on the family case plan or prevention services plan.

(2) There is no longer family involvement in the identified approved, trauma-informed, evidence-based practice service.

(3) The identified candidate to the plan, who prompted the prevention services case and is over the age of fourteen, does not want to be involved.

(4) The Title IV-E agency receives legal responsibility for the care and placement/custody of the child.

Last updated October 1, 2021 at 8:40 AM

Supplemental Information

Authorized By: 2151.412, 5153.166, 5101.11
Amplifies: 2151.412, 5153.16, 2151.421, 2151.429, 5103.03, 5101.11
Five Year Review Date: 10/1/2026
Rule 5101:2-45-04 | Traditional candidate for Title IV-E foster care.
 

(A) In order for the child to be considered a traditional candidate for foster care, the Title IV-E agency's involvement with the child and family is to be for the specific purpose of either removing the child from the home or satisfying the reasonable efforts judicial requirement with regard to preventing removal.

(B) A traditional candidate for foster care is a child who is at imminent risk of removal from the home as evidenced by the Title IV-E agency either pursuing the child's removal from the home or making reasonable efforts to prevent such removal.

(C) The Title IV-E agency has decided that, absent these preventive services, the placement for the child would be foster care. A child is not a traditional candidate for foster care when the planned out-of-home placement for the child is an arrangement outside of foster care, such as a juvenile detention facility.

(D) The case record is to document eligibility for traditional candidacy by meeting the requirements listed under paragraph (D)(1) or (D)(2) of this rule:

(1) A defined case plan that:

(a) Is developed jointly with the parent(s) or kinship caregiver(s) of the child.

(b) Lists the description of services offered and provided to prevent the removal of the child from the home.

(c) States the goal of the child is foster care, if the services described in the plan are not effective.

(2) Court actions in relationship to the removal of the child from the home:

(a) In a petition to the court for protective supervision in an effort to prevent removal.

(b) In a court order that gives the agency protective supervision in an effort to prevent removal.

(c) In a transcript of the court proceedings in paragraph (D)(2)(b) of this rule.

(E) A Title IV-E agency may claim administrative costs in the month that it determines and documents a child is a candidate for Title IV-E foster care, through the random moment sample (RMS) time study.

(F) To report juvenile court staff and department of youth services (DYS) staff activities regarding the Title IV-E program, a Title IV-E juvenile court and DYS are to complete the JFS 01794 "Juvenile Courts Random Moment Sample (JCRMS) Time Studies Observation Form."

(G) A child may be a candidate for six months or longer if the child is re-determined through a semi-annual administrative review (SAR) of the case plan or a court decision in relation to preventing the removal from the home. A Title IV-E agency is to continue to document its justification for retaining a child in a candidate status.

(H) The Title IV-E agency is to cease claiming federal reimbursement when the following occur:

(1) The agency receives legal responsibility for the care and placement/custody of the child.

(2) The child no longer receives case management services that are considered reasonable efforts to prevent removal or to prevent re-entry into foster care.

(3) The child's case plan has not been reviewed and updated, as needed, at the six-month SAR.

Last updated October 1, 2021 at 8:40 AM

Supplemental Information

Authorized By: 2151.412, 5153.166, 5101.11
Amplifies: 2151.412, 5153.16, 2151.421, 2151.429, 5103.03, 5101.11
Five Year Review Date: 10/1/2026