This letter transmits amendments to Title IV-E Foster Care Maintenance Rules in Chapter 5101:2-47 of the Administrative Code as a result of the five year rule review. The effective date for these rules will be September 1, 2009.

The following is a brief explanation of the proposed rule changes.

OAC 5101:2-47-01 entitled Administration of the Title IV-E Foster Care Maintenance Program. This rule sets forth the objectives, goals and responsibilities for the administration of the Title IV-E Foster Care Maintenance (FCM) program. The old rule is being rescinded and filed as new. Language from rule 5101:2-47-02 has been incorporated in the rule. Public Law 110-351 Fostering Connections to Success and Increasing Adoptions Act establishes a new Title IV-E requirement to assure that each child receiving Title IV-E FCM reimbursement is a full-time student or is incapable of attending school due to a documented medical condition. The definition of Foster Care Maintenance was amended to include reasonable travel costs for the child to remain in the school where the child is enrolled at the time of placement in accordance with PL 110-351. All references to adoption assistance have been removed from this rule and are now contained in rule 5101:2-33-18 of the OAC.

OAC 5101:2-47-02 entitled Foster Care Maintenance Program. This rule is being rescinded as the requirements have been incorporated into rule 5101:2-47-01 of the OAC.

OAC 5101:2-47-11 entitled Reimbursement for Foster Care Maintenance Costs for Children's Residential Centers, Group Homes, Maternity Homes, Residential Parenting Facilities, and Purchased Foster Care Homes. This rule outlines the reimbursement criteria for FCM children. The word "payment" has been changed to "reimbursement" throughout this rule to clarify that foster care maintenance is not a payment but rather a reimbursement to Title IV-E agencies for services they have provided on behalf of a FCM eligible child.

OAC 5101:2-47-19 entitled Foster Care Maintenance Program Reimbursability: Reimbursements, Graduation Expenses and Personal Incidentals. This rule outlines the requirements for reimbursements for graduation expenses and personal incidentals. Reimbursement ceilings for personal incidentals will be added to the Family, Children and Adult Services Procedure Letter that publishes the results of the JFS 01975 Annual foster care maintenance and adoption assistance survey. Funeral expenses have been removed from the list of allowable personal incidentals.

OAC 5101:2-47-23 entitled Beginning Date of Reimbursability for Foster Care Maintenance. This rule sets forth the criteria that must be met before reimbursement back to the first day in the month of placement can be sought. The rule, as amended, allows reimbursement retroactive to the first day in the month of the actual placement provided that all other FCM eligibility and reimbursability criteria are met.

OAC 5101:2-47-24 entitled ODJFS Title IV-E Reimbursement Ceiling Amount- Approval System. This rule is being rescinded as the requirements have been incorporated into a procedure letter.

OAC 5101:2-47-26 entitled Title IV-E Agencies, Private Child Placing Agencies (PCPA), Private Noncustodial Agencies (PNA): Penalties for Failure to Comply with Fiscal Accountability Procedures. This rule outlines the penalties for failure to comply with fiscal accountability procedures set forth in Chapter 5101:2-47 of the Administrative Code. Only formatting changes were made to this rule.

OAC 5101:2-47-26.1 entitled Public Children Services Agencies (PCSA), Private Child Placing Agencies (PCPA), Private Noncustodial Agencies (PNA): Title IV-E Cost Report Filing Requirements, Record Retention Requirements and Related Party Disclosure Requirements. This rule clarifies the cost report filing requirements, the deadlines for filing the cost report, and record retention requirements. Formatting changes were also made.

INSTRUCTIONS:

The following chart depicts what materials are to be removed from the Family, Children and Adult Services Manual (FCASM) and what materials are to be inserted into the FCASM.