This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and
universities.
| Rule |
Rule 5101:2-47-01 | Administration of the Title IV-E foster care maintenance (FCM) program.
Effective:
February 3, 2024
(A) The primary objectives of the FCM
program are: (1) To reduce the number
of children removed and placed in substitute care. (2) To improve the
quality of care provided to children placed in substitute care. (3) To return children
from substitute care to their own homes as soon as possible. (4) To facilitate the
adoption of or other permanent placement for those children who cannot return
to their own homes. (B) The Ohio department of job and
family services (ODJFS) is committed to ensuring the maximum number of children
receiving assistance under the FCM program at any time, who will remain in
foster care after having been in such care for more than twenty-four months, is
no more than twenty per cent of the total number of children who are reported
in foster care during the preceding calendar year. (1) The total number of
children who are in foster care is to be determined from data collected by
ODJFS in accordance with 45 C.F.R. 1355.40. (2) This goal will be
achieved by periodic monitoring and evaluation by ODJFS of Title IV-E agency
case records and reports, with full realization no child eligible to receive
assistance under the Title IV-E program may be denied assistance on the basis
of this goal. (C) The Title IV-E agency is responsible
for the administration of the FCM program. The Title IV-E agency may claim
administrative expenditures for reimbursement only if FCM is a direct
responsibility of the Title IV-E agency. The Title IV-E agency having
responsibility for the placement and care/custody of the child is
to: (1) Ensure the proper
administration of funds, allocated or reimbursed. (2) Determine eligibility
for FCM program services. (3) Maintain a separate
FCM case record for each program eligible child in the legal responsibility of
the Title IV-E agency. (4) Assure that each
child who has attained the minimum age for compulsory school attendance
receiving FCM reimbursement is a full-time elementary or secondary school
student. Full-time elementary or secondary school attendance includes the
following: (a) A child is enrolled, or in the process of enrolling in an
institution providing elementary or secondary education. (b) A child is instructed in elementary or secondary education at
home in accordance with the home school law of the state where the home is
located. (c) A child in an independent study elementary or secondary
education program in accordance with the law of the state where the program is
located, which is administered by the local school or school
district. (d) A child is incapable of attending school on a full-time basis
due to the medical condition of the child, and the incapability is supported by
regularly updated information in the case plan of the child. (5) Facilitate service
planning and provision of services under the FCM program. Service planning and
provision of services are to include but are not limited to: (a) Placement prevention efforts. (b) Determining the appropriateness of placement. (c) Ensuring all procedural safeguards are provided. (d) Case management. (e) Family reunification efforts. (f) Providing support to the child's
caregivers. (g) Discharge planning. (h) Independent living. (i) Referral to other programs as necessary, which include, but
are not limited to social security benefit programs, supplemental security
income (SSI), Title IV-D, Ohio works first, Title XIX (medicaid) and Title XX
(social services block grant). (D) Program eligibility and program
reimbursability are to be concurrently achieved before FCM reimbursement for a
child may be issued. (1) "Program
eligible" means both: (a) The child met the ADC-relatedness standards, in effect on
July 16, 1996 when the child entered placement, as referenced in rules
5101:2-47-12, 5101:2-47-14 and 5101:2-47-14.1 of the Administrative
Code. (b) The Title IV-E agency is legally responsible for the
child's care in accordance with rule 5101:2-47-13 of the Administrative
Code. (2) "Program
reimbursable" means federal financial participation (FFP) is available for
a child meeting the prerequisites set forth in rules 5101:2-47-13,
5101:2-47-16, 5101:2-47-21 and 5101:2-47-22 of the Administrative
Code. (E) Reimbursements for FCM are to be at
the current rate of federal financial participation (FFP). The Title IV-E
agency is responsible for the nonfederal share of all basic FCM payments made
by the agency. Local or state funds may be used as the agency's match for
the nonfederal share. FFP is available for a portion of the maintenance costs
of program eligible and reimbursable children placed in substitute
care. (F) Maintenance costs include the
following: (1) Food. (2) Clothing. (3) Shelter. (4) Daily
supervision. (5) School
supplies. (6) Personal
incidentals. (7) Liability insurance
with respect to the child. (8) Reasonable cost of
travel for the child's visitation with family or other
caregivers. (9) Reasonable cost of
travel for the child to remain in the school the child was enrolled prior to
placement in foster care. (10) In the case of
residential facility care, the reasonable costs of administration and operation
of such facility as are necessary to provide the maintenance
costs. (G) The Title IV-E agency is responsible
for the nonfederal share of certain medicaid administrative costs for children
in its care and Title IV-E administrative and training costs. (1) Title IV-E
administrative costs are subject to rule 5101:9-6-28 of the Administrative
Code. Administrative costs charged to Title IV-E are not to be charged
concurrently to another federal program. Reimbursement is to be at the
prevailing FFP. (2) FFP is available for
a portion of the administrative costs associated with program eligible and
reimbursable children placed in substitute care. (3) For six-months of
aftercare services when a child is discharged from a qualified residential
treatment program (QRTP) as described in rule 5101:2-47-21 of the
Administrative Code. (4) Administration costs include the
following: (a) Overhead costs associated with administering the Title IV-E
program. (b) The costs of providing case management. (c) The costs of travel for the child's judicial or case
review. (5) To claim reimbursement for Title IV-E
administrative costs, each Title IV-E agency is to participate in the social
service random moment sample (SSRMS) and child welfare random moment sample
(CWRMS) time studies as described in rule 5101:9-7-20 of the Administrative
Code. (H) Training costs are chargeable to
Title IV-E. Training is to be related to child welfare services and charged in
proportion to the percentage of Title IV-E eligible children. Reimbursement for
training costs will be at the prevailing FFP. Training costs
include: (1) Salary. (2) Travel to
training. (3) Per
diem. (4) Costs associated with
a worker engaged in or preparing for training, either as a trainer for other
agency staff or a trainee. (I) A child receiving FCM reimbursements is eligible for Title
XIX and Title XX services in the state he or she resides, regardless of whether
it is the same state making the FCM reimbursement. (J) A child for whom an FCM reimbursement is received is to be
placed in the least restrictive, most family-like setting available and in
close proximity to the parental home, consistent with the best interests and
special needs of the child. (K) The Title IV-E agency is to submit the following information
to ODJFS: (1) The "Children
Services Statistical Report" in the Ohio statewide automated child welfare
information system (Ohio SACWIS). (2) The JFS 02820
"Children Services Quarterly Financial Statement" and if applicable,
a JFS 02827 "CFIS Local Agency Quarterly Financial
Statement". (L) If the Title IV-E agency fails to comply with paragraphs
(G), (H) and (K) of this rule, then compensation for Title IV-E administrative
and training reimbursement will be decreased or delayed. (M) The Title IV-E agency is to review
and update data in Ohio SACWIS for all foster care maintenance per diems by the
end of the state fiscal year (June thirtieth). The data in Ohio SACWIS will be
considered in establishing statewide foster care maintenance reimbursement
ceilings and maximums effective the beginning of the following federal fiscal
year (FFY) which begins on October first each year. (N) Cost reporting and reimbursement procedures contained in
Chapters 5101:9-7 and 5101:2-47 of the Administrative Code apply with regard to
the Title IV-E program. Expenditures are subject to audit and audit findings.
Findings due to agency error will result in recovery of funds against the
agency. (O) The JFS 02911 "Title IV-E Single Cost Report" is
subject to audit and audit findings whether submitted by public or private
agencies. Any overpayment or underpayment of federal funds to the Title IV-E
agency due to adjustments of cost report amounts as a result of an audit, is to
be recovered or paid to the Title IV-E agency utilizing the public or private
agency's services. (P) The Title IV-E agency is to annually
review the amount made to a licensed or certified relative or kinship foster
family home to confirm it is the same amount that would have been made if the
child was placed in a licensed or certified non-relative foster family
home.
Last updated February 4, 2024 at 8:45 AM
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Rule 5101:2-47-03.1 | Qualified and disqualified alien eligibility for foster care maintenance and independent living services.
Effective:
February 7, 2022
(A) Foster care maintenance (FCM)
reimbursements and independent living services as defined in Chapter 5101:2-42
of the Administrative Code may be paid on behalf of a child who meets the
definition of a qualified non-citizen in rule 5101:2-1-01 of the Administrative
Code. (B) A child who is a qualified
non-citizen, and placed in foster care shall be required to live in the United
States for five years before there is eligibility for FCM or independent living
services. Pursuant to section 403(a) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (PRWORA), a child, who is in one of the
following categories, is exempted from the residency requirement: (1) A child placed with a
foster caregiver who is a United States citizen or a qualified
non-citizen. (2) A non-citizen admitted to the United
States as a refugee under section 207 of the Immigration and Nationality Act
(INA) (05/2005). (3) A non-citizen who is granted asylum
under section 208 of the INA. (4) A non-citizen whose deportation is
being withheld under the INA. (5) Cuban/Haitian entrants, as defined in
section 501(e) of the Refugee Education Assistance Act of 1980, Pub. L. No.
96-422. (6) Amerasian immigrants admitted to the
United States pursuant to section 584 of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act of 1988, Pub. L. No.
100-202. (7) A parolee allowed
into the United States under section 212(d)(5) of the INA (as in effect October
1, 2019) for a period of at least one year. (8) A person granted
conditional entry pursuant to section 203(a)(7) of the INA (as in effect prior
to April 1, 1980). (9) A non-citizen or the child or parent
of a non-citizen who has been battered or subjected to extreme cruelty in the
U.S. (10) An Afghan or Iraqi non-citizen
granted special immigrant visa status under Section 8120 of the December 19,
2009 Defense Appropriations Bill (Pub. L. No. 111-118) and section 101(a)(27)
of the INA (as in effect October 1, 2019). (C) In addition to meeting the
requirements of paragraph (B) of this rule, a child who is a qualified
non-citizen is eligible to receive Title IV-E FCM payments if the following are
met: (1) The child is
disqualified under section 245A (H), 210 (F) or 210 (D)(7) of the INA from
meeting eligibility requirements for aid to dependent children (ADC) program in
effect on July 16, 1996, as defined in rule 5101:2-47-14.1 of the
Administrative Code: (a) In the month in which a JFS 01645 "Agreement for
Temporary Custody of Child" was entered into. (b) In the month court proceedings leading to the removal of the
child from the home of a specified relative were initiated. (2) The child meets all
other eligibility requirements of Chapter 5101:2-47 of the Administrative
Code. (D) A non-citizen who meets the
definition of a qualified non-citizen in rule 5101:2-1-01 of the Administrative
Code, is eligible to become a foster caregiver and receive Title IV-E FCM or
independent living services for an eligible child. (E) A child who is a qualified non-citizen and is eligible
for Title IV-E FCM shall be eligible for Title XIX medicaid
coverage. (F) Citizenship or immigration status must be verified in
the following cases: (1) For all children in
receipt of Title IV-E FCM payments or independent living services. (2) For the foster
caregiver with whom the qualified non-citizen child is placed.
Last updated February 7, 2022 at 8:41 AM
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Rule 5101:2-47-04 | Intercounty and interstate case management responsibility for foster care maintenance.
(A) The Title IV-E agency that holds
legal responsibility as defined in rule 5101:2-47-13 of the Administrative Code
for the care and placement/custody of the child retains responsibility for the
management of the foster care maintenance (FCM) case regardless of where the
biological family is living or where the child is placed. (B) When legal responsibility for the
care and placement/custody is transferred to an agency in another county, the
FCM case shall be transferred to the new agency. (C) When a child who is eligible for FCM
reimbursement moves or is placed into a reimbursable setting in another state,
Title XIX medicaid services will be provided by the receiving state. The
child's placement must be made in accordance with the requirements of the
interstate compact on the placement of children (ICPC) contained in Chapter
5101:2-52 of the Administrative Code. (D) When a Title IV-E agency places a FCM
eligible child in another Ohio county, the child will be provided with Title XX
services by the county where the child is placed, in accordance with that
county's Title XX plan. (E) When legal responsibility for the
care and placement/custody of a child is transferred from the Title IV-E agency
to a private child placing agency (PCPA), the child is no longer eligible for
FCM.
Last updated March 22, 2024 at 10:31 AM
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Rule 5101:2-47-05 | Title XIX medicaid coverage for Title IV-E foster care maintenance (FCM) recipients in accordance with the Consolidated Omnibus Budget Reconciliation Act (COBRA).
(A) Children placed outside
Ohio (1) Within twenty
business days after a Title IV-E FCM eligible and reimbursable child's
placement out of state, the Ohio Title IV-E agency must take the following
actions to transfer Title XIX medicaid coverage to the Title XIX medicaid
authority in the state where the child has been placed: (a) Provide written notifications to the responsible Title XIX
medicaid authority in the state in which the child is placed of Ohio's
intent to terminate the medicaid coverage. Notification shall, at a minimum,
include the following: (i) The proposed
effective termination date of Ohio's Title XIX medicaid
coverage. (ii) A statement that the
Title IV-E agency will continue to receive FCM reimbursements on the
child's behalf and the Title XIX medicaid coverage will be provided by the
state where the child is placed. (b) Request written notification of the effective date of Title
XIX medicaid coverage from the Title IV-E agency in the state where the child
is placed. (c) Inform the custodial Title IV-E agency of its right to a
state hearing in accordance with Chapters 5101:6-1 to 5101:6-9 and rule
5101:6-3-01 of the Administrative Code. (d) Ensure the Title XIX medicaid coverage in the Ohio statewide
automated child welfare information system (SACWIS) is terminated and the out
of state Title XIX medicaid coverage begins. (2) Once every twelve
months, provide the responsible Title XIX medicaid authority in the state where
the child is placed with verification of the child continuing to be eligible
for FCM reimbursement. (3) When the child is no
longer eligible for FCM reimbursement, provide written notification, within
twenty business days of the determination, to the Title XIX medicaid authority
in the state where the child is placed. (B) Children placed in Ohio from another
state (1) Within twenty
business days after being notified by a custodial Title IV-E agency from the
other state that a FCM eligible and reimbursable child has been placed in Ohio,
the following actions must be taken in order to authorize Title XIX medicaid
coverage: (a) The Ohio Title IV-E agency must obtain the following
information, in writing, from the custodial Title IV-E agency in another
state: (i) The child's
name, social security number and date of birth. (ii) The substitute care
provider's name and address. (iii) The address where
the medicaid card should be sent. (iv) Verification of
eligibility for FCM, which may include an approved FCM
application. (v) The name, address and
phone number of a contact person at the custodial agency in another state with
Title IV-E FCM case management responsibility. (vi) The date Title XIX
medicaid coverage in the state where the child is placed from will be
terminated. (vii) Any additional
information regarding other health insurance coverage the child may have,
including third-party liability. (b) The Ohio Title IV-E agency must enter the appropriate COBRA
FCM information in Ohio SACWIS which will authorize medicaid
coverage. (c) The Ohio Title IV-E agency must provide written notification
of the effective date of Title XIX medicaid coverage to the custodial Title
IV-E agency. (d) The Ohio Title IV-E agency must complete the ODM 06612
"Health Insurance Information Sheet" if there is information that the
child is covered under a health insurance plan. (2) Once every twelve
months, the Ohio Title IV-E agency shall request verification of continuing FCM
eligibility from the custodial Title IV-E agency in the state receiving FCM
reimbursements on behalf of a child placed in Ohio. Upon notification from the
custodial Title IV-E agency that the child does not meet FCM program
eligibility and reimbursability criteria, the Ohio Title IV-E agency shall take
steps to: (a) Terminate Title XIX medicaid coverage in Ohio SACWIS and
follow the procedures outlined in Chapters 5101:6-1 to 5101:6-9 of the
Administrative Code, in particular, rule 5101:6-3-01 of the Administrative
Code. (b) Advise the custodial Title IV-E agency that Ohio Title XIX
medicaid coverage on behalf of the child may be explored. (C) The Title IV-E agency shall maintain
a separate case record for each FCM recipient who is placed in Ohio by a
custodial Title IV-E agency. At a minimum, the case record shall contain all of
the information required in paragraph (B) of this rule. (D) A child who is eligible for FCM
reimbursement in Ohio shall not be denied Title XIX medicaid coverage if the
other state does not make Title XIX medicaid coverage available.
Last updated July 27, 2023 at 8:35 AM
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Rule 5101:2-47-07 | Notice of right to a hearing for foster care maintenance.
(A) The Title IV-E agency shall be
afforded the same opportunity for a state hearing as any other
applicant/recipient of public assistance. (B) The affected Title IV-E agency shall
receive notice and copies of all materials related to state hearings as do
other applicants/recipients of public assistance. (C) All provisions of Chapters 5101:6-1
to 5101:6-9 of the Administrative Code apply to the administration of the
foster care maintenance program.
Last updated July 1, 2021 at 10:40 AM
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Rule 5101:2-47-08 | Required application/update for Title IV-D (child support) services and referrals to Title IV-A (public assistance); healthchek; third party insurance; and supplemental security income (SSI).
Effective:
November 5, 2020
(A) The Title IV-E agency as defined in
rule 5101:2-1-01 of the Administrative Code is to: (1) Send an application,
for all children, to the Title IV-D agency for child support utilizing the
statewide automated child welfare system (SACWIS) within sixty days of legal
responsibility for care and placement/custody, except where parental rights
have been terminated by court order or permanent surrender. (2) Send any court orders
and other verifications available to the Title IV-D agency as defined in rule
5101:12-1-01 of the Administrative Code in the county in which the child was
removed, when the Title IV-E agency obtains legal responsibility for care and
placement/custody of the child. (3) Send any court orders
upon verification of any changes in the circumstances of the child or
parent(s). (4) Determine good cause
circumstances where it is in the best interest of the child to suppress an
application to establish an order for support to the Title IV-D agency. Good
cause circumstances are to be documented in (SACWIS) and include but not
limited to the following: (a) The parent(s) would be unable to comply with the
permanency plan of reunification due to the financial hardship caused by paying
child support. (b) The child is expected to be in foster care for less
than sixty days. (c) The noncustodial parent is a potential placement
resource. (d) The parent(s) are deceased. (e) Other appropriate circumstances determined by the Title
IV-E agency. (B) The Title IV-E agency in receipt of
child support payments on behalf of a child in care and placement/custody is to
use the Title IV-D payment to support the child's cost of care. Any excess
Title IV-D payments at the end of the child's care and placement/custody
episode is to follow the child. (C) The Title IV-E agency is to: (1) Launch the
interface electronic notification through SACWIS to the county Title IV-A
agency within ten days of a child entering legal responsibility. (2) Capture and
exchange information pertinent to IV-E eligibility that may be in existing
Title IV-A records from the client registry information system enhanced
(CRIS-E)/Ohio integrated eligibility system (OIES)/Ohio benefits (OB),
whichever is applicable. (3) Transfer any
selected demographic information that SACWIS receives from the county Title
IV-A agency to determine Title IV-E eligibility. (D) The Title IV-E agency is responsible for completing the
ODM 03528 "Healthchek and Pregnancy related services information
sheet" for each FCM eligible child pursuant to rule 5101:2-42-66.1 of the
Administrative Code. (E) The Title IV-E agency is to: (1) Attempt to determine
if the parent(s), guardian, or custodian has health care insurance coverage
available to every FCM eligible child. If such insurance coverage is available,
the Title IV-E agency is to complete the ODM 06612 "Health Insurance
Information Sheet." (2) Complete the ODM
06613 "Accident/Injury Insurance Information" for every FCM eligible
child who is involved in an accident where there may be third party
liability. (3) Prior to termination
of the legal responsibility for care and placement/custody of the child,
complete in SACWIS the pre-termination review (PTR) of continuing Medicaid
coverage, ODM 1958 "Referral for Medicaid Continuing Eligibility
Review" pursuant to Chapters 5160:1-2 and 5101:6-7 of the Administrative
Code. (4) Consider making an application to the
regional office of the social security administration (SSA) for supplemental
security income (SSI) benefits for every child. The Title IV-E agency may
receive FCM reimbursement and SSI benefits concurrently pursuant to rule
5101:2-47-12 of the Administrative Code.
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Rule 5101:2-47-09 | Case record requirements for Title IV-E foster care maintenance (FCM).
Effective:
October 1, 2021
(A) Each Title IV-E agency shall make
available upon request documentation which supports the Title IV-E
agency's actions in the entire process of determining a child's
eligibility for FCM. (B) Each child's FCM eligibility
documentation must include, but is not limited to: (1) A completed JFS 01452
"Title IV-E Foster Care Maintenance Application for Initial
Eligibility" prior to 2010 or a copy of the eligibility determination in
the statewide automated child welfare information system (SACWIS). (2) For court-ordered
removals, a copy of all court orders including, but not limited
to: (a) The complaint, petition, probation violation or motion filed
for the purpose of removing a child. (b) The removal order, "Ex Parte," warrant or pick-up
order which led to the child's removal from a specified relative and
placed into detention or substitute care. The order must contain a judicial
determination to the effect that continuation in the home of a specified
relative would be contrary to the welfare of the child. (c) The initial court order of custody or commitment giving the
Title IV-E agency legal responsibility for the care and placement. (d) The adjudication order. (e) The court order containing the reasonable efforts to prevent
the removal as required in rule 5101:2-47-22 of the Administrative
Code. (f) The dispositional order. (g) The court orders containing the court's determination of
reasonable efforts to finalize the permanency plan as required in rule
5101:2-47-22 of the Administrative Code. (3) If the child entered
custody as a result of a JFS 01645 "Agreement for Temporary Custody of a
Child" a copy of the JFS 01645 and a copy of any court approved JFS 01645
thirty day extensions evidencing the court's determination that placement
is in the best interest of the child, as applicable. (4) If the child entered
custody as a result of a JFS 01666 "Permanent Surrender of Child" a
copy of the JFS 01666 and a copy of the court order received within one hundred
eighty days from the date of placement evidencing the court's
determination that placement is in the best interest of the child and that
reasonable efforts were made, as applicable. (5) Documentation of
citizenship and immigration status for all children in foster care regardless
of whether FCM payments are made on their behalf pursuant to rule 5101:2-33-29
of the Administrative Code. (6) Documentation of the
verification used to meet all of the FCM eligibility requirements described in
Chapter 5101:2-47 of the Administrative Code. (7) A copy of the Title
IV-E agency's notification to the county department of job and family
services (CDJFS) Title IV-A unit of a child entering custody if not processed
through SACWIS. (8) Copies of the ODM 06612 "Health
Insurance Information Sheet", as applicable. (9) Copies of the ODM
06613"Accident/Injury Insurance Information", as
applicable. (10) A copy of the ODM 03528
"Healthchek and Pregnancy Related Services Information
Sheet". (C) FCM program reimbursability
documentation must include, but is not limited to: (1) The receipt of
supplemental security income (SSI) during the FCM claim period. (2) Documentation of the
child's income. (3) A copy of each
approval, license, certification, as applicable, for the child's placement
during the time FCM reimbursements were made for the child. (4) Documentation for
difficulty of care payments: (a) The degree of difficulty of care and supervision required by
the special, exceptional or intensive needs child. (b) The qualification of and degree of care and supervision
provided by the substitute caregiver. (c) Agency-specific emergency foster home criteria. (5) A copy of
documentation evidencing repayment of any identified FCM
overpayment. (6) A copy of
documentation used to receive reimbursements for clothing, personal incidentals
and graduation expenses. (D) Case records may be maintained as
hard copy files, electronic files or as a combination of both. If an electronic
copy is kept, upon request a hard copy of the file must be made available for
audit purposes. (E) Each case record prepared and
maintained must be kept permanently and may be integrated into the child's
case record pursuant to rule 5101:2-33-23 of the Administrative Code once the
child is no longer in the legal responsibility for the care and
placement/custody of the Title IV-E agency.
Last updated October 1, 2021 at 8:41 AM
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Rule 5101:2-47-10 | Reimbursement for Title IV-E foster care maintenance (FCM) costs for a foster home.
Effective:
October 29, 2020
(A) A Title IV-E agency, private child
placing agency (PCPA), private non-custodial agency (PNA), and other state of
Ohio licensed non-custodial agencies are to submit a JFS 02911 "Title IV-E
Single Cost Report" as described in rule 5101:2-47-26.1 of the
Administrative Code in order to be reimbursed for foster care costs when a
child is placed in a foster home as defined in rule 5101:2-1-01 of the
Administrative Code. (B) If a JFS 02911 cost report has been
approved for children placed in a foster home, a Title IV-E administration
reimbursement ceiling amount will be calculated based on reported and allowable
Title IV-E administration costs and rounded to the nearest dollar. (C) Administration reimbursement to the
Title IV-E agency for children placed in a foster home is based on the lesser
of: (1) The Title IV-E
administration reimbursement ceiling amount established by the JFS 02911
multiplied by the number of care days; or (2) The amount paid by
the Title IV-E agency for administration. (D) FCM reimbursement to the Title IV-E
agency for children placed in a foster home is based on a contemporaneous
payment system. Reimbursement in a contemporaneous payment system is the lesser
of the following: (1) The uniform statewide
maximum amounts published annually in a "Family, Children and Adult
Services Procedure Letter" located at http://emanuals.jfs.ohio.gov/ and
published once a year. (2) The agreed upon
foster care placement amount paid by the Title IV-E agency. The agreed upon
foster care placement amount is to be equal to the amount the private agency
reimburses their foster parents for the maintenance of the
children. (3) The agreed upon
amount paid by the Title IV-E agency for other direct services which include:
special diets, clothing, graduation expenses, personal incidentals, liability
insurance with respect to the child and reasonable travel expense for home
visits provided these expenses are not included in the agreed upon foster care
placement amount. (E) Title IV-E costs are reimbursable to
the Title IV-E agency at the appropriate federal financial participation (FFP)
amount. (1) The FCM costs are
reimbursable at the federal medical assistance percentage (FMAP) which is
calculated annually by the federal government; and (2) Title IV-E
administration costs are reimbursable at the fixed rate of fifty per
cent. (F) FCM reimbursement to the Title IV-E
agency for a child placed in a foster home provider or an out-of-state foster
home not participating in the Ohio department of job and family services
(ODJFS) FCM reimbursement ceiling amount approval system is limited to the
actual maintenance costs for that child, but cannot exceed the uniform
statewide maximum rates published annually in a "Family, Children and
Adult Services Procedure Letter." (G) Each Title IV-E agency is to enter
all cases in the Ohio statewide automated child welfare information system
(SACWIS). (H) To receive reimbursement a Title IV-E
agency processing their payments and seeking reimbursement from SACWIS
will: (1) Record placement,
service authorization and placement cost information for each
child. (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 ODJFS on the
first business day of the following month. (4) Access reports to
review all itemized reimbursements and assure the reimbursements are
accurate. (I) Reimbursement will be payable to the
Title IV-E agency which registers the Title IV-E cases. The payment amount will
be calculated from the completed reimbursement processing at the applicable
FFP.
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Rule 5101:2-47-11 | Reimbursement for Title IV-E foster care maintenance (FCM) costs for children's residential centers (CRC), group homes, maternity homes, residential parenting facilities, and substance use disorder (SUD) residential facilities certified prior to October 1, 2020.
Effective:
October 29, 2020
(A) In order to be reimbursed for Title
IV-E FCM costs when a child is placed in a CRC, group home, maternity home,
residential parenting facility, or with a parent in a SUD residential facility
as defined in rule 5101:2-1-01 of the Administrative Code a JFS 02911
"Title IV-E Single Cost Report" as described in rule 5101:2-47-26.1
of the Administrative Code is to be submitted to the Ohio department of job and
family services annually. Agencies certified prior to October 1, 2020 have
until October 1, 2024 to become compliant with the requirements related to
meeting qualified residential treatment program (QRTP) standards. (B) If a JFS 02911 cost report has been
approved for children placed in a CRC, group home, maternity home, residential
parenting facility or SUD residential facility, two Title IV-E reimbursement
ceiling amounts are calculated and rounded to the nearest dollar. (1) The FCM reimbursement
ceiling amount is based on reported and allowable FCM costs. (2) The Title IV-E
administration reimbursement ceiling amount is based on reported allowable
Title IV-E administration costs. (C) Reimbursement to the Title IV-E
agency for children placed in a CRC, group home, maternity home, residential
parenting facility, or SUD residential facility is based on the lesser
of: (1) The FCM reimbursement
ceiling amount established by the JFS 02911 multiplied by the number of care
days or the amount paid by the Title IV-E agency for foster care
maintenance. (2) The administration
reimbursement ceiling amount established by the JFS 02911 multiplied by the
number of care days or the amount paid by the Title IV-E agency for
administration. (D) Title IV-E costs are reimbursable to
the Title IV-E agency at the appropriate federal financial participation (FFP)
amount. (1) The FCM costs are
reimbursable at the federal medical assistance percentage (FMAP) which is
calculated annually by the federal government; and (2) Title IV-E
administration costs are reimbursable at the fixed rate of fifty per
cent. (E) FCM reimbursement can be claimed
whenever a child is placed with a parent in a SUD residential facility without
meeting the ADC-relatedness requirement and the placement does not exceed
twelve months. The following criteria is to be met: (1) The recommendation
for the placement is specified in the child's case plan before the
placement. (2) The SUD residential
facility provides, as part of the treatment for substance abuse, the following
services: (a) Parenting skills training. (b) Parent education. (c) Individual counseling. (d) Family counseling. (3) The services
identified in this rule are provided under an organizational structure and
treatment framework with recognized principles of a trauma-informed approach
and trauma-specific interventions to address the consequences of trauma and
facilitate healing. (F) Each Title IV-E agency is to enter
all cases in the Ohio statewide automated child welfare information system
(SACWIS). (G) To receive reimbursement a Title IV-E
agency processing their payments and seeking reimbursement from SACWIS is
to: (1) Record placement,
service authorization and placement cost information for each
child. (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 ODJFS on the
first business day of the following month. (4) Access reports to
review all itemized reimbursements and assure the reimbursements are accurate.
(H) Reimbursement will be payable to the
Title IV-E agency which registers the Title IV-E cases. The payment amount will
be calculated from the completed reimbursement processing at the applicable
FFP.
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Rule 5101:2-47-11.1 | Reimbursement for Title IV-E foster care maintenance (FCM) costs for a qualified residential treatment program (QRTP) certified after October 1, 2020.
Effective:
October 29, 2020
(A) All residential facilities certified
after October 1, 2020 are to submit the JFS 02911 "Title IV-E Single Cost
Report" as described in rule 5101:2-47-26.1 of the Administrative Code in
order to be reimbursed for foster care costs when a child is placed. A QRTP is
defined in rule 5101:2-9-42 of the Administrative Code. (B) If a JFS 02911 cost report has been
approved for children placed in a QRTP, two Title IV-E reimbursement ceiling
amounts are calculated and rounded to the nearest dollar. (1) The FCM reimbursement
ceiling amount is based on reported and allowable FCM costs. (2) The Title IV-E
administration reimbursement ceiling amount is based on reported allowable
Title IV-E administration costs. (C) Reimbursement to the Title IV-E
agency for children placed in a QRTP is based on the lesser of: (1) The FCM reimbursement
ceiling amount established by the JFS 02911 multiplied by the number of care
days or the amount paid by the Title IV-E agency for foster care
maintenance. (2) The administration
reimbursement ceiling amount established by the JFS 02911 multiplied by the
number of care days or the amount paid by the Title IV-E agency for
administration. (D) Title IV-E costs are reimbursable to
the Title IV-E agency at the appropriate federal financial participation (FFP)
amount. (1) The FCM costs are
reimbursable at the federal medical assistance percentage (FMAP) which is
calculated annually by the federal government; and (2) Title IV-E
administration costs are reimbursable at the fixed rate of fifty per
cent. (E) To receive reimbursement a Title IV-E
agency processing their payments and seeking reimbursement from the statewide
automated child welfare information system (SACWIS) is to: (1) Record placement,
service authorization and placement cost information for each
child. (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 ODJFS on the
first business day of the following month. (4) Access reports to
review all itemized reimbursements and assure the reimbursements are
accurate. (F) Reimbursement will be payable to the
Title IV-E agency which registers the Title IV-E cases. The payment amount will
be calculated from the completed reimbursement processing at the applicable
FFP.
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Rule 5101:2-47-12 | Title IV-E foster care maintenance (FCM): Initial determination of program eligibility and reimbursability.
Effective:
October 1, 2021
(A) The FCM initial program eligibility
shall be determined in the statewide automated child welfare information system
(SACWIS) by the Title IV-E agency representative within sixty days of the time
the agency receives legal responsibility for the care and placement/custody of
the child. If the eligibility determination was made in error the FCM
eligibility determination can be corrected. (B) FCM program eligibility remains for
a child for whom the responsibility for care and placement/custody has been
transferred from another public or private agency to the Title IV-E agency. FCM
program eligibility shall be determined once per removal episode based on the
original court order which removed the child from a specified
relative. (C) A child shall be considered FCM program eligible if, at the
time the child enters care: (1) The Title IV-E agency
has legal responsibility for the care and placement/custody of the child as
described in rule 5101:2-47-13 of the Administrative Code; and (2) The child met the aid
to dependent children (ADC)-relatedness requirements as described in rule
5101:2-47-14 of the Administrative Code except when: (a) A child's placement is with a parent in a
substance use disorder (SUD) residential facility, as defined in rule
5101:2-1-01 of the Administrative Code, in which case ADC-relatedness is not
required. (b) A child who is a candidate for Title IV-E prevention
services as described in rule 5101:2-45-02 of the Administrative Code is in the
home of a kinship caregiver, as defined in section 5101.85 of the Revised Code,
for more than six-months, the ADC requirement of living with a specified
relative within the last six months is not required. (D) A Title IV-E agency may complete a
FCM eligibility determination in SACWIS later than sixty days of the
child's entry into the legal responsibility for the care and
placement/custody of the agency if the Title IV-E agency documents that there
were extenuating circumstances preventing completion within the sixty day
period. (E) Once FCM initial eligibility is
established, the child remains program eligible for the entire custody episode
through the end of the month of the child's eighteenth birthday. The
following exceptions may occur: (1) FCM eligibility may
continue beyond his or her eighteenth birthday if there is documentation from
the educational provider that the child is a full-time student reasonably
expected to complete high school or equivalent level of vocational or technical
training prior to his or her nineteenth birthday. (2) If the child, who was
placed with a parent in a SUD residential facility, is no longer placed with
the parent and is in any other placement type, eligibility that excluded
ADC-relatedness shall be reviewed for continuing eligibility. (F) The child is no longer program eligible for FCM when any of
the following occur: (1) At the end of the
month of the child's eighteenth birthday except as stated in paragraph (E)
of this rule. (2) The child entered
care as a result of a JFS 01645 "Agreement for Temporary Custody of
Child" pursuant to rules 5101:2-42-06 and 5101:2-42-08 of the
Administrative Code and the agency failed to acquire a best interest statement
in accordance with rules 5101:2-42-08 and 5101:2-47-13 of the Administrative
Code from the juvenile court. Eligibility ends at the end of the thirtieth day
of the executed JFS 01645. (3) The child entered care as a result of
a JFS 01666 "Permanent Surrender of Child" pursuant to rules
5101:2-42-09 and 5101:2-47-13 of the Administrative Code and the agency failed
to acquire a judicial determination of best interest and reasonable efforts in
accordance with rules 5101:2-39-01, 5101:2-47-13 and 5101:2-47-22 of the
Administrative Code. Eligibility ends at the end of the one hundred eightieth
day of the executed JFS 01666. (4) The Title IV-E agency's legal
responsibility for the child ends. Eligibility ends at the end of the day legal
responsibility ends. Any subsequent removal of the child from his home
constitutes a new removal episode and will require a new program eligibility
determination in accordance with this rule. (5) The child is no
longer placed with a parent in a SUD residential facility, unless the child
meets the ADC-relatedness eligibility criteria. (6) The child dies. Eligibility ends on
the date of death. (G) A new FCM eligibility determination in SACWIS shall be
completed when any of the following occur: (1) The Title IV-E
agency's responsibility for the child terminates and the child reenters
care through court action or via a JFS 01645 or a JFS 01666 at a later
date. (2) A trial home visit
exceeds six months and has not been authorized by the court, or exceeds the
time period the court has deemed appropriate and the child is subsequently
returned to foster care. The month the child is returned to foster care is the
month in which eligibility shall be determined. (3) A child who was
initially determined ineligible based on not meeting ADC-relatedness and is now
placed with a parent in SUD residential facility becomes program eligible by
excluding the ADC- relatedness factors. (H) FCM initial program reimbursability shall be determined for
a child who is FCM program eligible at the time the child entered care. A FCM
program eligible child shall be reimbursable when both of the following
apply: (1) The child's
countable income is less than the cost of care paid by the agency. (2) The child is placed
in a setting which is licensed, certified or approved, by ODJFS or another
state agency with such authority as outlined in rule 5101:2-47-16 of the
Administrative Code. (I) The child is no longer program reimbursable for FCM when any
of the following occur: (1) Reasonable efforts to
finalize the permanency plan are not met in accordance with rule 5101:2-47-22
of the Administrative Code. (2) The child is not
placed in a setting that is licensed, certified or approved, as outlined in
rule 5101:2-47-16 of the Administrative Code. (J) If a child is eligible for both supplemental security income
(SSI) and FCM benefits, the Title IV-E agency may choose to do one of the
following based on the child's cost of care: (1) Receive both benefits
concurrently. If the Title IV-E agency chooses to receive both benefits, the
FCM payment (including both non-federal and federal dollars) is considered
income for the determination of SSI eligibility and reduces the amount of the
SSI payment dollar for dollar. If the FCM payment is in excess of the SSI
payment, the child will not receive a SSI payment. (2) The Title IV-E agency
may pay for the placement cost with local (non-federal) dollars, which are not
considered income for SSI eligibility, and receive the SSI benefit for
reimbursement of the placement cost. (K) If the child receives any type of income or resources while
in the legal responsibility of care and placement /custody of a Title IV-E
agency, that income or resource shall be entered into SACWIS.
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Rule 5101:2-47-13 | Title IV-E foster care maintenance (FCM) program eligibility: Legal responsibility requirements.
Effective:
October 1, 2021
(A) "Legal responsibility"
means that for the care of the child under the FCM program, the Title IV-E
agency has legal responsibility for the care and placement/custody of the
child. This can be established through a court order, a JFS 01645
"Agreement for Temporary Custody of Child" or a JFS 01666
"Permanent Surrender of Child." (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; or (2) Removing the child,
who is a candidate for Title IV-E prevention services, from a parent(s) showing
the child has been living with a kinship caregiver, as defined in section
5101.85 of the Revised Code, for more than six months prior to the
removal. (C) The court order giving the agency
legal responsibility for the child's care and placement/custody may be one
of the following: (1) An ex parte emergency
court order as defined in rule 5101:2-1-01 of the Administrative Code.
(2) Temporary custody as
defined in rule 5101:2-1-01 of the Administrative Code. (3) Permanent custody as
defined in rule 5101:2-1-01 of the Administrative Code. (4) A planned permanent
living arrangement order as defined in rule 5101:2-1-01 of the Administrative
Code. (D) If the Title IV-E agency's legal responsibility
for care and placement/custody 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, or that the placement is in the best interest of the
child. (E) In situations where a child is in a
detention facility at the time the legal responsibility is directly ordered to
the Title IV-E agency that begins the removal episode, the court order placing
the child into detention or the warrant will serve as the initial court order
that removed the child from the specified relative. (F) If the judicial determination that
continuation in the home would be contrary to the welfare, or that the
placement is in the best interest of the child is not obtained, the child will
not be FCM program eligible or reimbursable for this custody episode.
(G) If the Title IV-E agency's responsibility for care
and placement/custody 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. (H) 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, unless prior to the thirty days elapsing the
Title IV-E agency obtains the following: (1) A court order for
care and placement/custody. Under this circumstance the agency must obtain the
best interest determination in the court order giving continued custody to the
agency. (2) A JFS 01666. Under
this circumstance, the signed, court approved JFS 01666 must contain the best
interest determination. (I) 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/custody. In such cases,
by the one hundred eightieth day from the date of placement, the Title IV-E
agency must: (1) Petition the court
for a judicial determination to the effect that continuation in the home of the
specified relative is contrary to the welfare or that the placement is in the
best interest of the child; and (2) Obtain the judicial
determination of reasonable efforts, as described in rule 5101:2-47-22 of the
Administrative Code. (J) 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.
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Rule 5101:2-47-14 | Title IV-E foster care maintenance (FCM) program eligibility: ADC-relatedness.
Effective:
October 1, 2021
(A) In order to meet FCM initial program
eligibility, the child must have a relatedness to the aid to dependent children
(ADC) program authorized under Title IV-A of the Social Security Act as of July
16, 1996. Each ADC eligibility criteria must be met in the month of, but prior
to the child's removal from the home including the date of removal. All
applicable ADC eligibility requirements found in the appendix to rule
5101:2-47-14.1 of the Administrative Code shall be applied when determining
eligibility for ADC. Attempts must be made to verify all Title IV-E program
eligibility requirements. Such attempts must be documented in the child's
Title IV-E case record. In situations in which no information is available,
eligibility cannot be established. (B) The "eligibility month"
means: (1) The month during
which a JFS 01645 "Agreement for Temporary Custody of Child" is
executed in accordance with rule 5101:2-42-06 of the Administrative
Code. (2) The month during
which a JFS 01666 "Permanent Surrender" is executed in accordance
with rule 5101:2-42-09 of the Administrative Code. (3) The month during
which the public children services agency (PCSA) or a public entity with whom
the Ohio department of job and family services (ODJFS) has a Title IV-E
interagency agreement in effect: (a) Files a petition for the legal responsiblity for care and
placement/custody of the child which eventually leads to a court ordered
removal of the child, or (b) The month in which the court orders the commitment of the
child to the Title IV-E agency, or (c) The month in which the child is placed in detention,
whichever occurs first. (4) The month the child
enters custody is not necessarily the same as the eligibility
month. (C) The specified relative from which the
child was removed is the household which must be examined when determining
ADC-relatedness. For purposes of FCM, "removal of the child from the
specified relative," as used in paragraph (E) of this rule,
means: (1) A judicial order for
a physical or constructive removal (non-physical, paper removal) of the child
from the specified relative has been issued. (2) An executed JFS
01645 or JFS 01666 has been entered into which leads to a physical or
constructive removal of the child from the specified relative. (D) A removal has not occurred in
situations where legal custody has been removed from the specified relative and
the child remains with the same relative. (E) The circumstances which determine ADC
eligibility include all of the following: (1) Living with a
specified relative. (a) For purposes of meeting the requirements for living with a
specified relative prior to the removal as described in paragraph (C) of this
rule, one of the following must apply. (i) The child was living
with the specified relative and was ADC-related in that household in the
eligibility month as defined in paragraph (B) of this rule. (ii) The child had been
living with the specified relative within six months of the eligibility month,
as defined in paragraph (B) of this rule, and would have met the requirements
of paragraphs (E)(2) to (E)(5) of this rule in the eligibility month if the
child had continued to reside with the specified relative. (iii) The ADC requirement
of living with a specified relative within the last six months does not apply
to a child who is a candidate for Title IV-E prevention services as described
in rule 5101:2-45-02 of the Administrative Code and is in the home of a kinship
caregiver, as defined in section 5101.85 of the Revised Code. (b) The "specified relative," as defined in appendix A
of rule 5101:2-47-14.1 of the Administrative Code is a blood relative,
including those of half blood, who may be one of the following: (i) Parent, grandparent,
brother, sister, stepparent, stepbrother, stepsister, uncle, aunt, nephew,
niece, half brother, half sister, first cousin, first cousin once removed, or
any person of preceding generation denoted by prefix of "grand,"
"great-grand," "great," "great-great," and
"great-great-great." (ii) Any person who
legally adopted the child or adopted the child's parent, or the natural
children or other adopted children of such person. (iii) Married spouse of
any person named above, even though the marriage had been terminated by death
or divorce. (iv) Paternal relatives
of an out-of-wedlock child are relatives for ADC purposes, provided that the
father meets one of the definitions of a parent. (2) Age A child is ADC eligible through the month of
his or her eighteenth birthday. The following requirements apply for other
circumstances: (a) A child may remain eligible for ADC beyond his or her
eighteenth birthday only if the child is a full-time student reasonably
expected to complete a secondary school program or the equivalent of vocational
or technical training prior to his or her nineteenth birthday. A child who will be nineteen the same month
in which the child completes the secondary school program or equivalent, is
eligible for ADC through that month. (b) A child who completes high school prior to his or her
eighteenth birthday and is attending college or college-level vocational or
technical training is eligible for ADC through the month of his or her
eighteenth birthday. (c) A child who is not reasonably expected to complete high
school or the equivalent training prior to his or her nineteenth birthday is
ineligible for ADC the month following the month of his or her eighteenth
birthday. (d) A child who is eighteen and has completed high school and is
now enrolled in a technical program that can be completed before age nineteen
is not eligible for ADC. (e) In cases where the year and the month in which the child was
born can be established, but not the exact day, the first of the month is to be
used as the child's birthday. (3) Deprivation In the eligibility month, but prior to the
child's removal from the home, the child must be deprived of the support
of one or both parents as a result of one of the following: (a) Death. (b) Incapacity. (c) Continued absence from the removal home. (d) Unemployment of the principal wage-earning
parent. (4) Need (a) In the eligibility month, but prior to the child's
removal from the specified relative, the income available to the child must be
less than the state of Ohio's one hundred eighty-five per cent and the one
hundred per cent standard of need for ADC eligibility, in effect on July 16,
1996. (b) In the eligibility month, but prior to the child's
removal from the specified relative, the income and resources of the standard
filing unit (SFU) as defined in rule 5101:2-47-14.1 of the Administrative Code
must be considered in the needs determination. (c) In the eligibility month, but prior to the child's
removal from the specified relative, under constructive removal situations, the
income and resources of the SFU as defined in rule 5101:2-47-14.1 of the
Administrative Code must be considered in the needs determination. The
household of the parent or other specified relative that the child is
constructively removed from shall be the household in which the SFU will be
established. (d) In the eligibility month, but prior to the child's
removal from the specified relative, the resources available to the SFU shall
not exceed ten thousand dollars. (i) The ten thousand
dollar resource limit does not include: (a) Homestead property
which is the usual residence of the assistance group. (b) One motor vehicle,
the value of which does not exceed one thousand five hundred dollars with
consideration of liens or encumbrances. Any excess value over the limit is
applied to the overall resource limit. (c) Items or personal
property owned by the members of the SFU that are considered as household goods
and personal effects. (d) The resources of an
SSI recipient and the resources of an individual for whom federal, state or
local foster care maintenance (FCM) payments are made. (e) Funeral arrangements
valued at one thousand five hundred dollars or less for each member of the SFU.
Equity value for funeral arrangements that exceed the limit shall be counted
toward the overall resource limit. (f) One burial space for
each member of the SFU. (g) Bona fide loans from
any source. (h) Educational grants
and scholarships from any source for undergraduate and graduate college
expenses. (i) Payments received by
individuals of Japanese ancestry under section 105 of Public Law 100-383, and
payments received by Aleuts under section 206 of Public Law
100-383(1988). (j) Payments received
under the provisions of the Agent Orange Compensation Exclusion Act of 1989
(Public Law 101-201). (k) Earned income tax
credit (EITC) payments in the form of a refund of "federal" income
taxes or in the form of an advance payment by an employer must be disregarded
in the month and the month following the receipt of such payment. (l) The resources of an
individual on whose behalf federal, state or local FCM payments are
made. (m) Payments received under the provisions of the Radiation
Exposure Compensation Act of 1990 (Public Law 101-246). (n) Payments received under the provisions of the Maine Indian
Claims Settlement Act of 1980 (Public Law 96-240). (o) Payments received under the provisions of Aroostook Band of
Micmacs Act of 1991 (Public Law 102-171). (p) Payments received under the provisions of the Child Care and
development Block Grant (Section 5082 of Public Law
101-508)(1990). (q) Escrow accounts established and credited as the direct result
of the SFU's involvement in the family self-sufficiency program. These
escrow accounts are only considered available when the SFU is no longer
receiving any federal, state, or other public assistance for
housing. (r) Payments received under the provisions of the Seneca Nation
Settlement Act of 1990 (Public Law 101-503). (5) The ten-thousand dollar resource
limit includes but is not limited to: (a) The equity value of real property not used as the residence
of the SFU, assessed according to its equity value. Any income received from
income-producing property is counted as income to the case. (b) The equity value of any burial spaces in excess of one per
person. (c) The cash value of life insurance policies. (d) Household goods and personal effects not considered as exempt
resources. (e) The amount of cash on hand. (f) The current savings and checking account
balances. (g) The value of any stocks, bonds and trust
accounts. (h) The value of revocable funeral agreements. (i) The value of all vehicles available to the SFU.
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Rule 5101:2-47-14.1 | Title IV-E eligibility under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996.
(A) The Personal Responsibility and Work
Opportunity Reconciliation Act of 1996, P.L. 104-193 and the Balanced Budget
Act of 1997, P.L. 105-33 amended Title IV-E eligibility requirements for the
foster care maintenance (FCM) program. (B) The term "public agency"
shall mean either a public children services agency (PCSA) which is either a
county children services board or children services unit within the county
department of job and family services or a public entity with whom the Ohio
department of job and family services (ODJFS) has a Title IV-E sub-grant
agreement in effect. (C) The public agency must determine FCM
eligibility in the statewide automated child welfare information system
(SACWIS) for each child within sixty days of the child's entry into the
care of and placement by the agency. (D) All aid to dependent children
(ADC)-relatedness eligibility determinations for the Title IV-E program shall
be based upon whether the household from which the child was removed would have
met the ADC-relatedness eligibility requirements that were in effect on July
16, 1996. ADC eligibility must be met in the month of, but prior to, the
child's removal from the specified relative, including the date of
removal. (E) The ADC-relatedness Administrative
Code rules defining these requirements are contained in appendix A to this
rule.
View Appendix
Last updated October 12, 2023 at 10:27 AM
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Rule 5101:2-47-15 | Foster care maintenance program reimbursability: authorization for foster care maintenance and auxiliary payment reimbursements.
Effective:
October 1, 2021
(A) Foster care maintenance (FCM)
reimbursements for children placed in licensed or certified placement settings
as defined in rule 5101:2-47-16 of the Administrative Code must be authorized
in the statewide automated child welfare information system (SACWIS). The
reimbursement shall be in the form of a warrant made to the Title IV-E agency
having legal responsibility for the care and placement/custody of the
child. (B) Any change or discontinuation of reimbursement made for a
child placed in substitute care, as a result of a change in the child's
circumstances, must be made in SACWIS as soon as the Title IV-E agency becomes
aware of the change. (C) FCM difficulty of care reimbursement for special needs,
exceptional needs, intensive needs, and children placed in emergency foster
homes as described in rule 5101:2-47-18 of the Administrative Code must be
authorized through SACWIS. (D) Expenses for foster home, emergency foster home, clothing,
difficulty of care, graduation, personal incidentals, medical card issuance,
and reimbursable employment-related child care as outlined in rules
5101:2-47-17, 5101:2-47-18, and 5101:2-47-19 of the Administrative Code, for
children placed in foster homes, including relative homes or prefinalized
adoptive homes that are licensed foster homes, shall be authorized as auxiliary
payments through SACWIS. (E) Expenses for clothing, graduation and personal incidentals,
as described in rule 5101:2-47-19 of the Administrative Code will be reimbursed
as auxiliary payments through SACWIS for children placed in children's
residential centers, group homes, purchased foster homes, residential parenting
facilities, a substance use disorder (SUD) residential facility or a qualified
residential treatment program (QRTP) as described in rule 5101:2-47-11 of the
Administrative Code. (F) An underpayment for FCM occurs when the eligible Title IV-E
agency does not receive a reimbursement to which it is entitled or receives
less than the amount to which it is entitled. (G) The Title IV-E agency shall take immediate action to adjust
the underpayment through SACWIS as soon as information is received that affects
reimbursement for FCM effective on the actual day of the month the underpayment
occurred. (H) An overpayment occurs when a Title IV-E agency receives a
reimbursement or an amount of reimbursement to which it is not
entitled. (I) An overpayment for FCM can occur as a result of either of the
following reasons: (1) The reimbursement
made was in excess of the allowable amount; or (2) The child for whom an
FCM reimbursement was made was not eligible for such reimbursement during the
month for which reimbursement was made. (J) The Title IV-E agency is responsible for reviewing, at the
request of Ohio department of job and family services (ODJFS), reimbursement
records for Title IV-E cases to determine if an overpayment has
occurred. (K) The Title IV-E agency shall take immediate action to
terminate or adjust the overpayment as soon as information is received that
affects reimbursement for FCM effective on the actual day of the month the
overpayment occurred. (L) A copy of the documentation evidencing repayment of any
identified Title IV-E FCM overpayment must be retained in the Title IV-E case
record. (M) Any adverse action taken regarding the financial status of a
FCM case must be made according to the provisions set forth in Chapters
5101:6-1 to 5101:6-9 and rule 5101:6-3-01 of the Administrative
Code.
Last updated October 1, 2021 at 8:42 AM
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Rule 5101:2-47-16 | Title IV-E foster care maintenance (FCM) program: Reimbursable placement settings.
Effective:
October 1, 2021
(A) FCM reimbursements may be claimed if
the FCM 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 FCM reimbursements. FCM
reimbursements 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. As long as the child was placed into
the group home was prior to October 1, 2021. Reimbursement ends upon discharge
after October 1, 2021. Reimbursement is available for children placed into a
group home after October 1, 2021 for up to fourteen days while the placement
setting is working towards becoming a qualified residential treatment program
(QRTP). (3) Private nonprofit or private
for-profit children's residential center (CRC). As long as the child was
placed into the CRC prior to October 1, 2021. Reimbursement ends upon discharge
after October 1, 2021. Reimbursement is available for children placed into a
CRC after October 1, 2021 for up to fourteen days while the setting is working
towards becoming a QRTP. (4) Public CRC which accommodates no more
than twenty-five children. As long as the child was placed into the CRC prior
to October 1,2021. Reimbursement ends upon discharge after October 1, 2021.
Reimbursement is available for children placed into a CRC after October 1, 2021
for up to fourteen days while the setting is working towards becoming a
QRTP. (5) Private foster care from a private
child placing agency (PCPA), private noncustodial agency (PNA) or another
public children services agency (PCSA). (6) With a parent in a substance use
disorder (SUD) residential facility, as defined in rule 5101:2-1-01 of the
Administrative Code. (7) Qualified residential treatment
program (QRTP), as defined in rule 5101:2-9-42 of the Administrative Code. A
public QRTP cannot accommodate more than twenty-five children. (B) A child may be on a temporary leave
from a foster home to another foster home without constituting a move, when all
of the following are met: (1) The foster home is
licensed at the same level of care as the current foster home. (2) The temporary leave
is more than twenty-four hours but for no more than fourteen days. (3) The child returns to
the original foster home by the end of the fourteenth day. (4) The child may be in
only one temporary leave type during a fourteen day period to be reimbursable
without returning to the original foster home before beginning another
temporary leave. (5) A child on leave
longer than fourteen days will constitute as a placement move. (C) FCM reimbursement may be claimed for payments made to
the provider to hold a bed if the following are met: (1) The child shall be
physically placed into the setting prior to the leave. (2) The bed shall be available while
being held for the child's return. (3) The leave does not exceed fourteen
calendar days. (4) The child returns to the same
placement as he or she was placed into prior to the leave. (5) The child shall be in one of the
following types of leave: (a) Absence without leave (AWOL). (b) Hospital. (c) Trial home visit (for the purpose of
reunification). (d) Parental, relative or non-relative visit. (e) Camp (eg. boy/girl scout camp, 4H camp, band camp, church
camp, sports camp). (f) Vacation (child only). (D) Reimbursable placement facilities located outside of
Ohio are limited to the types of homes and a QRTP 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. (E) 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 Title IV-E court has legal responsibility for
the care and placement 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.
Last updated October 1, 2021 at 8:43 AM
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Rule 5101:2-47-17 | Title IV- E foster care maintenance (FCM) program reimbursability: Reimbursements for FCM and child care for public foster homes, relative homes, and pre-finalized adoptive homes.
Effective:
February 7, 2022
(A) Uniform statewide standards for FCM
minimum and maximum reimbursement amounts for public foster homes, relative
homes licensed as foster homes and pre-finalized adoptive homes that continue
to receive FCM reimbursements have been established by the Ohio department of
job and family services (ODJFS). These amounts shall be updated annually by the
issuance of a "Family, Children and Adult Services Procedure Letter"
and are the minimum and maximum amounts that can be authorized for FCM
reimbursements for a child placed in the substitute care settings. (1) If there is a
difference between the statewide maximum reimbursement amount and a higher
Title IV-E agency payment amount, the Title IV-E agency shall supplement
payments without benefit of federal financial participation (FFP) under Title
IV-E. (2) If there is a
difference between the statewide minimum reimbursement amount and a lesser
Title IV-E agency payment amount, the Title IV-E agency shall not claim FCM
funds to support the placement of the child. (B) FCM reimbursements for
employment-related child care and child care when the foster parent is required
to participate, without the child, in activities associated with parenting a
child in foster care that are beyond the scope of ordinary parental duties may
be authorized for a FCM reimbursable child placed in a foster home, relative
home licensed as a foster home or pre-finalized adoptive home provided that the
child care provider is licensed or certified. (1) The maximum child
care reimbursement to the Title IV-E agency shall not exceed the amounts
referenced in rule 5101:2-16-10 of the Administrative Code. (2) The definitions for
the age categories are contained in rule 5101:2-16-01 of the Administrative
Code. Reimbursements for child care, as described in this rule, may be
authorized for a foster child between the ages of thirteen and eighteen who
qualifies for a difficulty of care payment referenced in rule 5101:2-47-18 of
the Administrative Code. (3) Child care, as
described in this rule, shall be claimed for reimbursement through the Ohio
statewide automated child welfare information system (SACWIS). (C) "Relative homes" and
"pre-finalized adoptive homes" as used in this rule mean a
licensed/certified/approved foster home.
Last updated February 7, 2022 at 8:41 AM
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Rule 5101:2-47-18 | Title IV-E foster care maintenance (FCM) program reimbursability: Reimbursements related to the difficulty of care needs of a child placed in a foster home, relative home, or pre-finalized adoptive home.
Effective:
August 1, 2024
(A) A child with special, exceptional, or
intensive needs, as defined in this rule, receiving FCM reimbursements may be
eligible for a supplemental difficulty of care reimbursement. This
reimbursement is available for a child who has been determined by the Title
IV-E agency to have special, exceptional, or intensive needs that necessitate
special parenting attention and care. (B) Child characteristics describing the
child's special, exceptional, or intensive placement services are to be
entered into the Ohio's comprehensive child welfare information system
(Ohio's CCWIS) within thirty days of the Title IV-E agency receiving
custody. (C) Difficulty of care reimbursements are updated annually by the
issuance of a "Family, Children and Adult Services Procedure Letter"
and may be offered at one of the following three levels of intensity depending
upon the needs of the child and qualifications of the substitute
caregiver: (1) Special
needs. (2) Exceptional
needs. (3) Intensive
needs. (D) A child is eligible for special needs difficulty of care
reimbursements when a child is placed in a foster home or, on or after April 1,
2005, in a treatment foster home, as defined in rule 5101:2-1-01 of the
Administrative Code, and who presents: (1) Moderate emotional or
behavioral management problems. These children may display a moderate degree of
acting out marked by aggressiveness and/or delinquent behavior such as truancy
or running away, substance abuse or any other emotional problems with the
primary location of treatment being in the treatment foster home;
or (2) A physical condition
determined by a physician which warrants specialized care. (E) The Title IV-E agency is to provide special needs difficulty
of care reimbursements only to a foster caregiver or, for eligible children
placed on or after April 1, 2005, to a treatment foster caregiver certified
pursuant to Chapters 5101:2-5 and 5101:2-7 of the Administrative Code. The care
and supervision that is to be given by the substitute caregiver of a special
needs child is to include, at a minimum: (1) Twenty-four- hour
availability for supervision. (2) Ability to meet the
child's basic needs. (3) Ability to meet the
child's treatment needs, including supervision or provision of prescribed
care, such as preparation of special diets or assisting in a program of
physical therapy. (F) A child is eligible for exceptional needs difficulty of care
reimbursements when a child is placed in a treatment foster home, as defined in
rule 5101:2-1-01 of the Administrative Code, if one of the following
applies: (1) Who presents more
severe emotional or behavioral management problems than those children with
special needs. These children may display a high degree of impulsive and acting
out behavior toward themselves or others which is often characterized by verbal
and physical aggression; or have multiple and severe psychiatric, emotional and
behavioral management problems ranging from personality disorders, severe
developmental disability, or autism to aggression toward animals, others, and
self; sexual acting out, suicidal behaviors or ideation. (2) Who has a physical
developmental disability as determined by a physician which warrants a high
degree of care and supervision; or who needs medical or remedial services
recommended by a physician or other licensed or certified professional for the
maximum reduction of physical or developmental disability and restoration of
the child to their best possible functioning level. (3) For whom a licensed
or certified professional, including a psychologist or psychiatrist, licensed
social worker or licensed professional counselor is involved in the
child's care on an as-needed basis, but at least on a semi-annual basis or
who has a physical disability as determined by a physician which warrants
constant twenty-four- hour a day supervision provided by a licensed/registered
nurse or persons closely supervised or trained by a licensed/registered nurse
or physician. (4) For whom a licensed
or certified professional, including a physician, psychiatrist, psychologist,
licensed social worker or licensed professional counselor is to be involved in
the child's care on at least a monthly basis. (G) The Title IV-E agency is to provide exceptional needs
difficulty of care reimbursements only to a foster caregiver or, for eligible
children placed with a treatment foster caregiver certified pursuant to
Chapters 5101:2-5 and 5101:2-7 of the Administrative Code and who has
successfully completed, or is currently participating in, a behavior management
training course provided or recognized by the Title IV-E agency. The care and
supervision that is to be provided by the caregiver of an exceptional needs
child is to include, at a minimum: (1) Twenty-four- hour
availability for supervision. (2) A higher degree of
personal involvement, patience, and time . (3) Participation in the
development and implementation of the family case plan and/or individual
service plan. (4) Ability to accept
assistance and follow instruction and guidance in caring for the
child. (H) A child eligible for an intensive needs difficulty of care
reimbursement is a child with intensive health care needs who is placed in a
medically fragile foster home, as defined in rule 5101:2-1-01 of the
Administrative Code, and who meets all of the following criteria: (1) Under rules adopted
by the medicaid director governing medicaid payments for long-term care
services, the child warrants a skilled level of care. (2) The child warrants
the services of a doctor of medicine or osteopathic medicine at least once a
week due to the instability of the child's medical
conditions. (3) The child warrants
the services of a registered nurse on a daily basis. (4) The child is at risk
of institutionalization in a hospital, skilled nursing facility, or
intermediate care facility for the significantly impaired intellectual and
adaptive functioning. (I) The Title IV-E agency is to only provide intensive needs
difficulty of care reimbursements to a foster caregiver or, for eligible
children placed in a medically fragile foster caregiver certified pursuant to
Chapters 5101:2-5 and 5101:2-7 of the Administrative Code. A caregiver
providing intensive needs services is not to have more than two intensive needs
children who are not the caregiver's own children and a maximum of five
children placed in his/her home at one time, including other foster children
and his/her own children. The care and supervision that is not to be provided
by the caregiver of an intensive needs child is to include, at a
minimum: (1) Supervision provided
by a substitute caregiver on a twenty-four- hour a day basis as approved by the
Title IV-E agency. (2) Provision of
structured daily activities as approved by the Title IV-E agency. (3) Provision of
constructive guidance to assist in the management of negative behaviors for the
child. (4) Participation in the
development and implementation of the family case plan and/or individual
service plan and semiannual administrative review(s) as identified in the
family case plan. (5) Recording of the
child's progress toward the family case plan or individual service plan
goals and objectives as identified on the family case plan. (J) When a substitute caregiver is receiving a special,
exceptional, or intensive needs difficulty of care payment on behalf of a
child, the Title IV-E agency is to ensure the foster caregiver is certified to
operate a treatment or medically fragile foster home, as
applicable. (K) Difficulty of care reimbursement may also be available for a
special, exceptional, or intensive needs child who is placed in an emergency
foster home. "Emergency foster home" as used in this rule means a
licensed, certified, or approved foster home which has been designated by a
Title IV-E agency as an emergency foster home to provide temporary care, not to
exceed thirty days, for children requiring immediate out-of-home placement or
immediate placement because of a placement disruption. The emergency foster
home is to be available to provide care to children at any time of the day or
night, with little or no notice, and be able to meet immediate physical and
emotional needs of children. The Title IV-E agency may also impose restrictions
regarding the number of children served or additional training requirements
before designating a foster home as an emergency foster home. An emergency
foster home for special, or exceptional needs children is to be certified as a
treatment foster home. An emergency foster home for intensive needs children is
to be certified as a medically fragile foster home. (L) The difficulty of care reimbursement for an emergency foster
home is not affected by the age of the child. Difficulty of care reimbursements
related to the special, exceptional, or intensive needs of the child may be
made in addition to the payment for an emergency foster home when the emergency
foster home meets the provisions of paragraphs (D), (F), (H), and (J) of this
rule. (M) Reimbursement for emergency foster home placement is limited
to thirty days for each placement. Reimbursement is not available as a retainer
to a caregiver for maintaining a space for emergency placements. (N) Difficulty of care reimbursements are to be reimbursed at the
FCM program rate of federal financial participation. Authorization for
difficulty of care payments are made pursuant to rule 5101:2-47-15 of the
Administrative Code. (O) For difficulty of care payments, the following documentation
is to be maintained in the FCM case record to support such
payments: (1) The degree of
difficulty of care and supervision necessary to care for a special,
exceptional, or intensive needs child. (2) The qualification of
and degree of care and supervision provided by the substitute
caregiver. (3) Agency-specific
emergency foster home criteria. (4) The agency's
compliance with the requirements of paragraph (I) of this rule. (P) The uniform statewide standards for
FCM payments, established by DCY, sets the maximum difficulty of care
reimbursement amounts for special needs, exceptional needs, and intensive
needs. (Q) DCY reimbursement amounts for a child placed in a foster home
on the effective date of rules 5101:2-5-25, 5101:2-5-36, 5101:2-5-37,
5101:2-7-16 and 5101:2-7-17 of the Administrative Code are not to be changed
solely as the result of the enactment of those rules or placement of the child
into one of the new categories of foster homes created by those
rules. (R) A child with special, exceptional, or intensive needs as
described in this rule who is placed in a foster home prior to April 1, 2005,
and on whose behalf a difficulty of care payment is made is to continue to be
eligible to receive the difficulty of care payment as long as the child remains
placed in the same family foster home.
Last updated August 1, 2024 at 7:57 AM
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Rule 5101:2-47-19 | Title IV-E foster care maintenance (FCM) program reimbursability: payments, reimbursements, graduation expenses and personal incidentals.
Effective:
October 1, 2021
(A) Minimum and maximum FCM reimbursement
ceiling rates for foster homes, including emergency placements and for
supplemental special, exceptional and intensive needs per diems are located in
a "Family, Children and Adult Services Procedure Letter" found at
http://emanuals.jfs.ohio.gov published once a year. (B) Minimum and maximum reimbursement
ceiling rates for clothing, personal incidentals and graduation expenses
located in a "Family, Children and Adult Services Procedure Letter"
found at http://emanuals.jfs.ohio.gov published once a year. Auxiliary payments
for clothing, personal incidentals and graduation expenses cannot exceed the
maximum reimbursement ceiling rates. (C) Per diem reimbursement for children's residential
centers, group homes, , residential parenting facilities, and purchased foster
care homes, substance use disorder (SUD) residential facility or qualified
residential treatment program (QRTP) is outlined in rule 5101:2-47-11 of the
Administrative Code. (D) Per diem reimbursement for purchased
foster care homes is outlined in rule 5101:2-47-10 of the Admininstrative
Code. (E) Supplemental per diems related to difficulty of care
are outlined in rule 5101:2-47-18 of the Administrative Code. (F) Clothing expenses include clothing purchased during the
first sixty days of initial substitute care placement as well as ongoing
clothing needs as a result of growth, seasonal changes, or
attrition. (G) Graduation expenses are limited to those expenses
directly related to the high school graduation events including, but not
limited to, class rings, pictures, cap and gown cost, tuxedos, or prom
gowns. (H) Personal incidentals include, but are not limited
to: (1) Items related to
personal hygiene. (2) Cosmetics. (3) Over-the-counter
medications. (4) Special dietary
foods. (5) Infant and toddler
supplies (e.g., high chairs, diapers). (6) Fees related to
activities (e.g., boy/girl scouts, camp, sports, school trips). (7) Special lessons
(e.g., horseback riding, sports, music). (8) Graduation fees (high
school only). (I) Payments for clothing, graduation expenses or personal
incidentals made by the Title IV-E agency to the substitute care provider
providing children's residential center, group home, residential parenting
facility or a QRTP services may be included in the per diem payment as agreed
upon in accordance with rule 5101:2-47-23.1 of the Administrative Code. The
Title IV-E FCM reimbursement for a child, including the maintenance payment,
clothing, graduation expenses and personal incidentals shall not exceed the
current per diem reimbursement ceiling established for the substitute care
provider from the single cost report filed in accordance with rule
5101:2-47-26.2 of the Administrative Code. (J) Reimbursements made under this rule shall be claimed
pursuant to rule 5101:2-47-15 of the Administrative Code and reimbursed at the
same rate as Title IV-E FCM reimbursements provided such payments are equally
available to a non-Title IV-E child as well as to a Title IV-E child.
Reimbursements may be authorized for each child for whom Title IV-E FCM
reimbursements are being made. (K) Documentation of such payments shall be entered into
SACWIS and receipts or invoices for the payment shall be made available upon
request.
Last updated October 1, 2021 at 8:43 AM
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Rule 5101:2-47-20 | Title IV-E foster care maintenance (FCM) program reimbursability: Supplemental reimbursements for the cost of care for the child of a Title IV-E recipient parent.
Effective:
October 1, 2021
(A) For purposes of this rule, a minor
parent in substitute care who is program reimbursable for FCM will be referred
to as the "parent," and the child(ren) 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 parent solely for the purpose of receipt of FCM funds
to provide for the child's cost of care. (C) The cost of care for a child residing
with a parent in a foster home, residential parenting facility or qualified
residential treatment program (QRTP) as described in rule 5101:2-47-11 of the
Administrative Code must be included as a supplemental payment to the FCM
reimbursement made on behalf of the 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, residential parenting facility or QRTP
as described in rule 5101:2-47-11 of the Administrative Code, 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. (E) For the child to remain in a foster
home, the Title IV-E agency must take action to remove the child from the
parent. The child's FCM eligibility must be determined based on removal
from the parent and his/her parent's current circumstances. (F) A child whose cost of care is included as a supplemental
payment to the FCM reimbursement made on behalf of the parent based on
paragraph (C) of this rule, shall not be included in the count of children in
substitute care reported on the 04281 "Children Services Quarterly
Statistical Report" in the statewide automated child welfare information
system (SACWIS). 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.
Last updated October 1, 2021 at 8:43 AM
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Rule 5101:2-47-21 | Title IV-E foster care maintenance (FCM) reimbursement for a child placed into a qualified residential treatment program (QRTP).
Effective:
August 5, 2022
(A) FCM reimbursement begins the actual
date of the child's placement in a QRTP, if the child meets all program
eligibility and reimbursement criteria in the same month. If the eligibility
requirements are not met in the same month, FCM reimbursement may go back to
the first day of the month when all eligibility requirements are
met. (B) FCM reimbursement is contingent upon satisfaction of all of
the following: (1) The Title IV-E agency
has legal responsibility for the care and placement/custody of the child as
described in rule 5101:2-47-13 of the Administrative Code. (2) Meet the reasonable efforts
requirement that a judicial determination for a court- ordered removal as
described in rule 5101:2-47-22 of the Administrative Code, has been obtained.
(3) The child meets the ADC-relatedness
requirements as described in rule 5101:2-47-14 of the Administrative Code.
(4) The facility meets the QRTP
requirements as described in rule 5101:2-9-42 of the Administrative Code.
(5) A qualified individual, who is a
trained professional or licensed clinician and meets the requirements in rule
5101:2-42-12 of the Administrative Code is to assess a child for each placement
in a QRTP no earlier than thirty-days prior to the start of each placement or
no later than thirty-days from the first day of placement. (6) The requirements in rules
5101:2-47-11 and 5101:2-47-11.1 of the Administrative Code, as applicable. Any
child placed prior to October 1, 2021 in a residential facility that is not
certified as a QRTP is reimbursable until the child is discharged through
October 1, 2024. (C) If the assessment is not completed thirty days prior to,
including the date of placement or by the thirtieth day from the day of
placement, the Title IV-E agency cannot claim FCM reimbursement for the
entirety of the QRTP placement, including the first fourteen-days.
(D) No later than sixty-days after, including the date of
placement the start of each Title IV-E eligible child's placement into the
QRTP, the Title IV-E agency is to confirm that the juvenile court: (1) Considers the
assessment, determination, and documentation made by the qualified individual
conducting the assessment outlined in paragraph (B) of this rule. (2) Determined whether
the needs of the child can be met through placement in a foster home, or, if
not, whether the placement of the child in a QRTP provides the most effective
and appropriate level of care for the child in the least restrictive
environment and whether that placement is consistent with the short and
long-term goals for the child, as specified in the permanency
plan. (3) Approves or
disapproves of the placement of the child into a QRTP. (E) If the court does not approve the placement within the
sixty-day timeframe, the Title IV-E agency may only claim FCM for the first
sixty-days of the placement in the QRTP. (F) The Title IV-E agency may claim FCM to transition a child
from the QRTP to the next placement or permanent home up to thirty-days after
one of following: (1) The assessment
described in paragraph (C) of this rule determines that the QRTP is not
appropriate. (2) A court disapproves
such a placement under paragraph (E) of this rule. (3) A determination is
made that a child in an approved QRTP placement is going to return home or be
placed with fit and willing relative(s), a legal guardian(s), or an adoptive
parent(s), or in a foster family home. (G) For every QRTP the child is placed in for more than twelve
consecutive months or eighteen nonconsecutive months or, in the case of a child
who has not attained age thirteen, for more than six consecutive or
nonconsecutive months, the Title IV-E agency is to maintain the following:
(1) Documentation
submitted at every case review or permanency hearing regarding the
child's case plan that supports a continued QRTP placement. (2) The signed approval
of the Title IV-E agency director for the continued placement of the child in
the QRTP pursuant to rule 5101:2-42-12 of the Administrative Code.
(H) The Title IV-E agency may claim for
the first fourteen days when a child is placed into a non-QRTP. (I) Beginning with the date the non-QRTP
meets the QRTP certification requirements, a child may be reimbursable back to
the first day of that month if the following requirements are met: (1) A qualified
individual, who is a trained professional or licensed clinician and meets the
requirements in rule 5101:2-42-12 of the Administrative Code is to assess a
child within thirty-days of the setting becoming a QRTP as described in rule
5101:2-42-12.1 of the Administrative Code. (2) Within sixty-days of
the setting becoming a QRTP, the Title IV-E agency is to confirm that the
juvenile court: (a) Considers the assessment, determination, and documentation
made by the qualified individual conducting the assessment outlined in
paragraph (B) of this rule. (b) Determined whether the needs of the child can be met through
placement in a foster home, or, if not, whether the placement of the child in a
QRTP provides the most effective and appropriate level of care for the child in
the least restrictive environment and whether that placement is consistent with
the short and long-term goals for the child, as specified in the permanency
plan. (c) Approves or disapproves of the placement of the child into a
QRTP. (3) The signature
approval of the Title IV-E agency director for a child placed for more than
twelve consecutive months or eighteen nonconsecutive months or, in the case of
a child who has not attained age thirteen, for more than six consecutive or
nonconsecutive months. (4) Documentation
submitted at every case review or permanency hearing regarding the
child's case plan that supports a continued QRTP placement,
thereafter. (J) Title IV-E agencies may also claim administrative costs
during the twelve month period for the administration of the Title IV-E
program, which includes such things as case management as long as they meet the
requirements pursuant to rule 5101:2-42-12 of the Administrative Code.
(K) Title IV-E agencies may claim administrative costs for the
duration of the placement in the QRTP regardless of whether the requirements
pursuant to rule 5101:2-42-12 of the Administrative Code are met. These include
only administrative costs for the administration of the Title IV-E program, and
not the costs of the administration and operation of the QRTP. (L) If the requirements in rule 5101:2-42-12 of the
Administrative Code are not met, the Title IV-E agency may only claim placement
administrative costs as defined in 45 C.F.R. 1356.60 (6/2016) for the
administration of the Title IV-E program, and not the costs for the
administration and operation of the QRTP. Administration and operation costs
are only allowable when a Title IV-E FCM is provided for the child in the QRTP.
(M) A QRTP is to provide family-based aftercare support to any
child placed into a QRTP for more than fourteen days if the child, even if the
youth reaches the age of majority, is discharged to any family-based setting
including those listed in rule 5101:2-9-42 of the Administrative Code.
(N) A QRTP may provide aftercare services when the permanency
planning team, which includes the youth and family agrees to the aftercare
services as part of the discharge planning pursuant to rules 5101:2-9-42 and
5101:2-42-12 of the Administrative Code. (O) QRTP aftercare support/services as listed on the
"schedule B" in the appendix to the "agreement for Title IV-E
agencies for the provision of non-placement services" in the Ohio
statewide automated child welfare information system (SACWIS) may be reimbursed
through medicaid, private insurance or paid by the IV-E agency as part of the
"schedule B." A child may become eligible for medicaid or other
insurance after services begin. (P) A child who is discharged from a QRTP may be determined by
the IV-E agency to be a candidate for family first prevention services (FFPS)
as outlined in Chapter 5101:2-45 of the Administrative Code. (Q) Each Title IV-E agency is to enter all cases in Ohio SACWIS
including documentation pertaining to the aftercare support/services being
provided to the child. (R) Each QRTP is to enter all cases in Ohio residential treatment
information system (RTIS) including documentation pertaining to the aftercare
support/services being provided to the child. (S) The reimbursement may be retroactive
to October 1, 2021, if the requirements outlined in this rule are
met.
Last updated January 19, 2023 at 9:37 AM
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Rule 5101:2-47-22 | Reasonable efforts requirements for Title IV-E foster care maintenance.
(A) The Title IV-E agency must obtain a
judicial determination by a juvenile court of competent jurisdiction
documenting one of the following: (1) Reasonable efforts
were made prior to the removal of the child to prevent the
placement. (a) The child was known to be at risk prior to any petition for
removal of the child. (b) There was some opportunity to work with the family to prevent
the removal of the child. (c) Attempts were made to provide services to reduce the risk to
the child, or to improve the family situation so as to prevent the need to
remove the child. (2) Reasonable efforts to
prevent the removal were not possible due to the urgent nature of the
circumstances prevented the provision of services to the family prior to
removal. (a) An emergency situation caused the child to be in imminent
risk of harm and no opportunity to provide preventative services
exists. (b) The court found that an emergency situation required removal
of the child for his or her safety and services cannot prevent removal of the
child. (3) Reasonable efforts
were not required as outlined in rule 5101:2-39-01 of the Administrative
Code. (B) A judicial determination as specified
in paragraph (A) of this rule must be explicitly documented in a court order or
court transcript no later than sixty days from the date the child is removed,
as defined in rule 5101:2-47-14 of the Administrative Code. If such a
determination is not made in accordance with this paragraph, the child will not
be program eligible or reimbursable under Title IV-E for the entire substitute
care episode. In situations where a child is in a detention
facility at the time the legal responsibility is directly ordered to the Title
IV-E agency, the court order placing the child into detention will serve as the
initial court order that removed the child from the specified relative. (C) The Title IV-E agency which has legal
responsibility for a child must obtain a judicial determination by a juvenile
court of competent jurisdiction signifying that reasonable efforts were made by
the Title IV-E agency to finalize the permanency plan for a child placed in
substitute care: (1) Within twelve months
of whichever of the following occurs first: (a) The date the child is adjudicated abused, neglected,
dependent, unruly or delinquent, or (b) Sixty days after the child was initially removed from a
specified relative and placed into substitute care or into detention;
and (2) At least once every
twelve months thereafter. (3) If such a
determination is not made in accordance with this paragraph: (a) The child becomes non-reimbursable under Title IV-E from the
end of the twelfth month following the date the child is considered to have
entered foster care; and (b) The child will remain non-reimbursable under Title IV-E
through the first day of the month in which the reasonable efforts to finalize
the permanency plan requirement is met. (c) If a hearing is held regarding reasonable efforts, but the
court does not issue a journal entry documenting the determination until a
later date, the case remains reimbursable and the written judicial
determination, once issued, will apply retroactively to the date of the
hearing. (D) If a judicial determination of
reasonable efforts is not included as required in the court order, a transcript
of the court proceedings is the only other documentation that will be
acceptable to verify that these requirements have been made. An affidavit,
amendment or a nunc pro tunc order will not be accepted as verification
documentation of these judicial determinations. (E) The documentation of all judicial
determinations of reasonable efforts must meet the requirements described in
rule 5101:2-39-01 of the Administrative Code.
Last updated October 12, 2023 at 10:27 AM
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Rule 5101:2-47-23 | Beginning date of reimbursability for the Title IV-E foster care maintenance (FCM).
Effective:
October 1, 2021
(A) The beginning date of reimbursability
for FCM shall be no earlier than the date of the foster care placement.
Reimbursement may begin the actual date of the child's placement, if the
child meets all program eligibility and reimbursement criteria. Reimbursability
may go back to the first day of the month that all eligibility requirements are
met, if they were not met in the month that the child is initially placed.
Reimbursement is contingent upon satisfaction of all of the
following: (1) The Title IV-E agency
has legal responsibility for the care and placement/custody of the child as
described in rule 5101:2-47-13 of the Administrative Code. (2) The child meets the
ADC-relatedness requirements as described in rule 5101:2-47-14 of the
Administrative Code unless the child is placed with a parent in a substance use
disorder (SUD) residential facility, as defined in rule 5101:2-1-01 of the
Administrative Code or the child is a candidate for Title IV-E family first
prevention services (FFPS) and was residing with a kinship caregiver as
described in rule 5101:2-47-12 of the Administrative Code. (3) Reasonable efforts
judicial determination for a court-ordered removal as described in rule
5101:2-47-22 of the Administrative Code, has been obtained. Program
reimbursability may go back to the first day of the month in which the
reasonable efforts judicial determination was obtained as long as all other
requirements of Chapter 5101:2-47 of the Administrative Code are
met. (4) The child continues
to meet the age requirement as described in rule 5101:2-47-14 of the
Administrative Code. (5) The child is placed
in a reimbursable placement facility as described in rule 5101:2-47-16 of the
Administrative Code. (B) Reimbursability for FCM payments for
children placed in children's residential centers, group homes,
residential parenting facilities, a qualified residential treatment program
(QRTP) or SUD residential facility may begin the actual date of the
child's placement in an eligible placement facility, with an approved
Title IV-E rate ceiling, if the child meets all program eligibility and
reimbursement criteria. A child placed in a children's residential
facility that is not a QRTP prior to October 1, 2021 will remain reimbursable
until the child is discharged.
Last updated October 1, 2021 at 8:43 AM
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Rule 5101:2-47-23.1 | Title IV-E agency contracting and contract monitoring.
(A) Each Title IV-E agency, as defined in
rule 5101:2-1-01 of the Administrative Code, is to use the statewide
"agreement for Title IV-E agencies and providers for the provision of
child placement," hereinafter referred to as the "agreement,"
and establish a system of contract monitoring for children being placed into
substitute care with a private agency. (B) Each Title IV-E agency is to complete
the "agreement," including the "Title IV-E schedule A rate
information (schedule A)" in the Ohio statewide automated child welfare
information system (Ohio SACWIS) to be able to enter a foster care placement
with a: (1) Private child placing
agency (PCPA). (2) Private non-custodial
agency (PNA). (3) Qualified residential
treatment program (QRTP). (4) Licensed family-based
residential treatment facility for substance use disorder (SUD) on behalf of a
child placed with a parent. (C) Each Title IV-E agency is to print the completed
"agreement" and the "schedule A" from Ohio SACWIS in order
to obtain signatures for the contract between the Title IV-E agency and the
QRTP, PCPA, PNA or SUD residential facility. (D) The negotiated and agreed upon per diem rates for
placement maintenance and placement administration are to be specified for all
levels of care in Ohio SACWIS on the "schedule A" and are to be
attached to the "agreement." The Title IV-E agency and the QRTP,
PCPA, PNA or the SUD residential facility may agree to contract for and specify
the agreed upon per diems in some or all of the remaining categories listed on
the "agreement." The per diem rates listed on the "schedule
A" are to be for all children or may be child specific. (E) Any additions to the language when creating the initial
"agreement," including the "schedule A" are to be included
as an attachment or an exhibit and entered into Ohio SACWIS. An addendum can
only be added after the agreement is in effect. The addendum is to be signed by
all parties and attached to the "agreement." (F) The negotiated and agreed upon per diem rate for
maintenance is to be the amount paid directly to the foster caregiver. The
agreed upon maintenance payment is to cover all foster care maintenance
allowable costs as defined in rule 5101:2-47-01 of the Administrative
Code. (G) Invoicing procedures are to correspond to the agreed
upon per diem rates as specified on the "schedule A" in Ohio SACWIS
and on the "agreement," including all attachments, exhibits and
addenda. All invoices are to include but are not limited to the
following: (1) Provider's name,
address, telephone number, fax number, federal tax identification number, Title
IV-E provider number, and the medicaid provider number, if
applicable. (2) Billing date and the
billing period. (3) Name of child,
child's date of birth, and the child's Ohio SACWIS person
identification number. (4) Admission date and
discharge date, if applicable. (5) Agreed upon per diem
rate amount for maintenance and the agreed upon per diem rate amount for
administration. (6) Invoicing procedures
may also include the per diem rate associated with the following, if applicable
and agreeable to the custodial agency and the provider: (a) Case management, allowable administration cost. (b) Transportation to judicial or case reviews, allowable
administration cost. (c) Transportation to a home visit, allowable maintenance
cost. (d) Transportation to maintain the child in the school in which
they were attending prior to placement, allowable maintenance
cost. (e) ) Other direct services, allowable maintenance
cost. (f) Behavioral health care, non-reimbursable cost. (g) Other costs the Title IV-E agency agreed to pay, which are
non-allowable for reimbursement as maintenance or administration
cost. (7) Agreed upon per diem
amount for children placed in a SUD residential facility for the IV-E
reimbursable maintenance costs for the child: (a) Food, clothing, shelter, and personal
incidentals. (b) Transportation to maintain the child in the school in
which they were attending prior to placement. (c) Child care. (8) Agreed upon per diem
amount for other non-IV-E reimbursable costs associated with the placement of
the child performed by the provider: (a) Other transportation not specified in paragraph
(G)(7)(b) of this rule. (b) Other costs the Title IV-E agency agreed to
pay. (9) For a child placed in a SUD
residential facility, the Title IV-E agency is not to include the costs of
administration and operation of the facility. (H) Each Title IV-E agency is to prepare a monitoring
procedure established in writing, with reasonable assurance that the terms and
conditions of the contract are being adhered to. Monitoring procedures may
include, but are not limited to the following: (1) A comparison of
invoices to the agreed upon per diem rate amount in Ohio SACWIS to ensure
billing accuracy. (2) A review of the
progress reports submitted by the provider to the agency to ensure the services
being delivered are in accordance with the child's treatment
plan.
Last updated June 3, 2024 at 8:33 AM
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Rule 5101:2-47-26 | Title IV-E agencies, private child placing agencies (PCPA), private noncustodial agencies (PNA), residential care facilities, substance use disorder (SUD) residential facilities: penalties for failure to comply with fiscal accountability procedures.
Effective:
October 29, 2020
(A) A Title IV-E agency, PCPA, PNA,
QRTP, residential care facility, or SUD residential facility, as defined in
rule 5101:2-1-01 of the Administrative Code, shall comply with the Ohio
department of job and family services (ODJFS) fiscal accountability procedures
set forth in Chapter 5101:2-47 of the Administrative Code. (1) For an initial
failure to comply, a corrective action plan shall be developed to correct the
areas determined to be in noncompliance. The corrective action plan
shall: (a) Identify the areas of noncompliance. (b) Identify the action steps required to correct the
noncompliance. (c) Identify a completion date for each of the action
steps. (d) Be completed within a time period negotiated with
ODJFS. (e) Be submitted to ODJFS within thirty days of the receipt of a
written finding of noncompliance. (2) If a Title IV-E
agency fails to implement the corrective action plan submitted in accordance
with paragraph (A)(1) of this rule, ODJFS may take any action permitted in
accordance with sections 5101.11, 5101.146 and 5101.24 of the Revised
Code. (3) If ODJFS determines
the Title IV-E agency is solely or partially responsible for an adverse audit
or quality control finding, final disallowance of federal financial
participation or other sanction or penalty in accordance with sections 5101.24,
5101.146 and 5101.11 of the Revised Code, ODJFS may take one or more of the
following actions against the Title IV-E agency: (a) Require the Title IV-E agency to submit to and comply with a
corrective action plan pursuant to a time schedule specified by
ODJFS. (b) Require the Title IV-E agency to share with ODJFS a final
disallowance of federal financial participation or other sanction or
penalty. (c) Require the Title IV-E agency to reimburse ODJFS for the
amount ODJFS pays to the federal government for an adverse audit or quality
control finding, final disallowance of federal financial participation, or
other sanction or penalty issued by the federal government. (d) Require the Title IV-E agency to pay the federal government
the amount representing the amount the Title IV-E agency is responsible for in
an adverse audit or quality control finding, final disallowance of federal
financial participation, or other sanction or penalty issued by the federal
government. (e) Any other sanction or action permissible under sections
5101.24, 5101.11 and 5101.146 of the Revised Code. (f) With respect to paragraph (A)(3)(d) of this rule, the
determination of whether the Title IV-E agency is solely or partially
responsible will be determined in accordance with Chapters 5101:6-1 to 5101:6-9
of the Administrative Code. (4) If a Title IV-E
agency fails to comply with the fiscal accountability procedures set forth in
Chapter 5101:2-47 of the Administrative Code, ODJFS shall provide a written
summary of noncompliance to the board of county commissioners of the county
served by the Title IV-E agency. (5) If a PCPA, PNA, QRTP,
residential care facility, or SUD residential facility fails to implement a
corrective action plan submitted in accordance with paragraph (A)(1) of this
rule, ODJFS may do one of the following: (a) Cancel the Title IV-E reimbursement ceilings. (b) Pursuant to Chapter 119. of the Revised Code, take action to
revoke the agency's certificate issued under section 5103.03 of the
Revised Code. (6) In accordance with
sections 5101.11, 5101.146 and 5101.24 of the Revised Code, ODJFS may take one
or more of the following actions against the PCPA, PNA, QRTP, residential care
facility, or SUD residential facility if ODJFS determines the PCPA, PNA, QRTP,
residential care facility, or SUD residential facility is solely or partially
responsible for an adverse audit or quality control finding, final disallowance
of federal financial participation or other sanction or penalty: (a) Require the PCPA, PNA, QRTP, residential care facility, or
SUD residential facility to reimburse ODJFS for the amount ODJFS pays to the
federal government for an adverse audit or quality control finding, final
disallowance of federal financial participation, or other sanction or penalty
issued by the federal government. (b) Any other sanction or action permissible under sections
5101.24, 5101.11 and 5101.146 of the Revised Code. (7) If a PCPA, PNA, QRTP,
residential care facility, or SUD residential facility fails to comply with the
fiscal accountability procedures set forth in Chapter 5101:2-47 of the
Administrative Code, ODJFS shall provide a written summary of the findings of
noncompliance to the PCPA, PNA, QRTP, residential care facility, or SUD
residential facility board of directors. In addition, ODJFS shall notify the
executive director of each Title IV-E agency that has entered into a contract
for placement services with the PCPA, PNA, QRTP, residential care facility, or
SUD residential facility. (8) For Title IV-E
agencies, PCPAs, PNAs, QRTP, residential care facilities, and SUD residential
facilities completing the single cost report for the establishment of Title
IV-E reimbursement ceilings the following shall apply: (a) Failure to submit the single cost report and agreed upon
procedures with all required documentation by the deadline prescribed in rule
5101:2-47-26.2 of the Administrative Code may result in reimbursement ceilings
being established as of the first day of the month following the date all
required documentation is received by ODJFS. (b) Any errors identified on a single cost report or agreed upon
procedures submitted prior to the deadline and in accordance with rule
5101:2-47-26.2 of the Administrative Code may result in the suspension of
reimbursement ceilings until such time as the errors have been corrected to the
satisfaction of ODJFS. Once the corrections have been approved the
reimbursement ceilings shall be retroactive and effective as of the applicable
rate period begin date. (c) If ODJFS cancels the Title IV-E reimbursement ceilings, ODJFS
will resume the ceilings effective on the first day of the month following the
date the agency comes into compliance. There will be no retroactive rate
adjustment for the time period the agency was out of compliance. (d) Reimbursement ceilings established from a single cost report
submitted after a rate cancellation may be suspended until such time as the
corrective action for the prior period has been completed to the satisfaction
of ODJFS. (B) Subsequent failures to comply
relating to noncompliance issues previously identified pursuant to paragraph
(A)(1) of this rule are subject to the same penalty provisions specified in
paragraph (A)(2) of this rule for Title IV-E agencies and paragraph (A)(5) of
this rule for PCPAs, PNAs, QRTP, residential care facilities, and SUD
residential facilities. (C) All corrective actions shall adhere
to the requirements set forth in paragraph (A)(1) of this rule. All failures to
implement the corrective action plan are subject to the penalties set forth in
paragraph (A)(2) of this rule for Title IV-E agencies and paragraph (A)(5) of
this rule for PCPAs, PNAs, QRTP, residential care facilities, and SUD
residential facilities. (D) The Title IV-E agency, PCPA, PNA,
QRTP, residential care facility, or SUD residential facility, at its
discretion, may request technical assistance from ODJFS in the development and
implementation of the corrective action plan. (E) If ODJFS sanctions a Title IV-E
agency, PCPA, PNA, QRTP, residential care facility or SUD residential facility,
ODJFS shall take every possible precaution to ensure any foster children that
have been placed or served by an agency under sanction are not removed from the
certified foster homes they reside in if their safety and well-being are not at
risk.
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Rule 5101:2-47-26.1 | Public children services agencies (PCSA), private child placing agencies (PCPA), private noncustodial agencies (PNA), residential care facilities, substance use disorder (SUD) residential facilities: Title IV-E cost report filing requirements, record retention requirements and related party disclosure requirements.
Effective:
October 29, 2020
(A) As a condition for receiving a Title
IV-E foster care reimbursement ceiling amount, each Title IV-E agency, PCPA,
PNA, residential care facility, SUD residential facility, as defined in rule
5101:2-1-01 of the Administrative Code and a QRTP as defined in rule
5101:2-9-42 of the Administrative Code, shall file a Title IV-E JFS 02911
"Title IV-E Single Cost Report" including supplements and attachments
as outlined in rule 5101:2-47.26.2 of the Administrative Code. (B) To complete a JFS 02911 single cost
report: (1) A PCPA, PNA, QRTP,
residential care facility, and SUD residential facility shall adhere
to: (a) The allowable and unallowable cost principles contained in
the office of management and budget 2 C.F.R. Part 200 (2014)
(www.gpo.gov/fdsys/granule/CFR-2014-title2-vol1/CFR-2014-title2-vol1-part200/content-detail.html). (b) Section 501(c)(3) of the Internal Revenue Code for non-profit
organizations (www.irs.gov/publications/index). (2) A Title IV-E agency
shall adhere to allowable and unallowable cost principles contained in the 2
C.F.R. Part 200 (2014)
(www.gpo.gov/fdsys/granule/CFR-2014-title2-vol1/CFR-2014-title2-vol1-part200/content-detail.html). (3) A Title IV-E agency,
PCPA, PNA, QRTP, residential care facility, or SUD residential facility shall
not use any costs specifically subsidized by other federal monies with the
exception of federal funds authorized by federal law to be used to match other
federal funds. (4) A Title IV-E agency,
PCPA, PNA, QRTP, residential care facility, or SUD residential facility shall
use the straight line depreciation methodology to report
depreciation. (C) The JFS 02911 shall be completed for
each cost reporting period, which is July first through June thirtieth, and
submitted by December thirty-first, following the cost reporting
period. (D) For good cause and upon written request a Title IV-E agency,
PCPA, PNA, QRTP, residential care facility, or SUD residential facility may
request an extension of the cost report filing deadline. The written request
shall be filed prior to the deadline and must include information explaining
the facts and circumstances giving rise to the need for a cost report
extension, projected timeline for filing the cost report and any other
information the Title IV-E agency, PCPA, PNA, QRTP, residential care facility,
or SUD residential facility would like to have considered. (E) A Title IV-E agency, PCPA, PNA, QRTP, residential care
facility, or SUD residential facility new to the Title IV-E program or an
existing Title IV-E agency, PCPA, PNA, QRTP, residential care facility, or SUD
residential facility having established a new Title IV-E service shall submit a
JFS 02911 for a minimum of three full calendar months of operations in order to
receive a Title IV-E reimbursement ceiling amount. (F) Notwithstanding the three-year records retention period, a
cost shall be supported by all relevant documentation related to the reported
cost. Financial records, census records, client records and documentation of
legal compliance with the administrative code requirements (all of which shall
be made available upon request by the Ohio department of job and family
services (ODJFS), the Ohio office of the auditor of the state or the U.S.
department of health and human services) supporting the cost reports or claims
for services rendered to recipients shall be retained for the greater of three
years after the cost report is filed, or if an audit has begun within the three
year period records shall be retained three years after all appeal rights
relating to the audit report are exhausted. (G) When completing the JFS 02911 the Title IV-E agency, PCPA,
PNA, QRTP, residential care facility, or SUD residential facility shall comply
with the following requirements pertaining to related party
transactions: (1) Each Title IV-E
agency, PCPA, PNA, QRTP, residential care facility, or SUD residential facility
shall have a conflict of interest policy, to include at a minimum that the
Title IV-E agency, PCPA, PNA, QRTP, residential care facility, or SUD
residential facility shall not permit funds to be paid or committed to any
corporation, firm, association, or business in which any of the members of the
governing body of the agency, executive personnel or their immediate families
have any direct or indirect financial interest, or which any of these persons
serve as an officer or employee, unless the services or goods involved are
provided at a competitive cost or under terms favorable to the Title IV-E
agency,, PCPA, PNA, QRTP, residential care facility, or SUD residential
facility. (2) Adherence to the
internal control procedures established by the agency's governing body,
for the procurement of goods and services, so long as those procedures are
consistent with this rule. (3) Approval by the
governing body of all transactions with any member of the governing body or
relatives of the governing body. (4) Documentation in the
board minutes of all transactions between the agency and any member of the
governing body or their relatives. (5) All compensation paid
to the board members or relatives of the board members shall be disclosed on
the cost reports and is subject to a test of reasonableness. (6) On the cost report,
the Title IV-E agency, PCPA, PNA, QRTP, residential care facility, or SUD
residential facility is required to disclose all party transactions as defined
in paragraph (G)(1) of this rule and all loans to employees.
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Rule 5101:2-47-26.2 | Cost report "Agreed Upon Procedures" engagement.
Effective:
October 29, 2020
(A) Each Title IV-E agency as defined by
rule 5101:2-1-01 of the Administrative Code, private child placing agency
(PCPA), private noncustodial agency (PNA), residential care facility, substance
use disorder (SUD) residential facility, as defined in rule 5101:2-1-01 of the
Administrative Code or a qualified residential treatment program (QRTP) as
defined in rule 5101:2-9-42 of the Administrative Code that completes a cost
report pursuant to rule 5101:2-47-26.1 of the Administrative Code shall follow
the JFS 02911-I " Instructions for Completing JFS 02911, Title IV-E Single
Cost Report" and shall have an annual "Title IV-E Agreed Upon
Procedures" engagement conducted for its cost report. (B) Each Title IV-E agency that files a
cost report will have an annual "Agreed Upon Procedures" engagement
conducted by the Ohio department of job and family services (ODJFS). For timely
performance of the "Title IV-E Agreed Upon Procedures" engagement,
the Title IV-E agency shall complete its cost report by September thirtieth of
each year. (C) Each PCPA, PNA, QRTP, residential
care facility, or SUD residential facility shall engage a certified public
accountant (CPA) to conduct the annual "Agreed Upon Procedures"
engagement in accordance with the JFS 02913 "Title IV-E Agreed Upon
Procedures" (9/2014) engagement. (D) The CPA who conducts the annual
"Agreed Upon Procedures" engagement for a PCPA, PNA, QRTP,
residential care facility, or SUD residential facility shall adhere to
confidentiality requirements set forth in rule 5101:1-1-03 of the
Administrative Code. Whenever names, addresses, or other identifying
information relating to children in care is used by any individual CPA or CPA
firm, they shall prevent the publication or disclosure of names, lists, or
other information concerning children. (E) The CPA who conducts the annual
"Title-E Agreed Upon Procedures" engagement for a PCPA, PNA, QRTP,
residential care facility, or SUD residential facility shall make the working
papers and suitable facilities available onsite or submit copies of the
"Title IV-E Agreed Upon Procedures" working papers to ODJFS for
review upon request. (F) Each PCPA, PNA, QRTP, residential
care facility, or SUD residential facility shall participate in any quality
assurance review conducted by ODJFS. (1) The annual
"Title IV-E Agreed Upon Procedures": (a) Shall be conducted by auditors who, during the period of the
auditor's professional engagement and during the period covered by the
cost report, do not have nor are committed to acquire any direct or indirect
financial interest in the ownership, financing or operation of the PCPA, PNA,
residential care facility, or SUD residential facility and were not involved in
the preparation of the cost report. (b) Work papers shall be in accordance with generally accepted
government auditing standards (GAGAS) as in effect on the date of this rule.
These standards can be obtained at www.gao.gov/govaud/ybk01.htm. (c) Reporting shall be performed in accordance with the
attestation standards as prescribed by the "American Institute of
Certified Public Accountants" (AICPA) as in effect on the effective date
of this rule. These standards can be obtained at
https://www.aicpa.org/research/standards/auditattest/ssae.html. (2) The CPA may request a
waiver of any requirements imposed by the "Title IV-E Agreed Upon
Procedures" specified on the JFS 02913 due to extenuating
circumstances. (a) The waiver request shall be filed with the office of fiscal
and monitoring services of ODJFS. (b) The waiver request shall include information explaining the
facts and circumstances giving rise to the need for a waiver and any other
information which the CPA would like to have considered. (c) Based upon the evidence presented by the CPA, it is the sole
discretion of ODJFS to grant or deny the waiver. (d) ODJFS' decision to grant or deny a waiver, in whole or
in part, is on an individual basis and shall not be construed as a generic
decision covering all agency "Title IV-E Agreed Upon Procedures"
engagements. (e) ODJFS' decision to grant or deny a waiver will be final
and shall not be construed as creating any rights to a hearing under Chapter
119. of the Revised Code.
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