FCASMTL 314 (Amendment of rules 5101:2-33-29, 5101:2-47-01, 5101:2-47-16, 5101:2-47-17, 5101:2-47-18, 5101:2-47-19)
Family, Children and Adult Services Manual Transmittal Letter No. 314
April 2, 2014
TO: Family, Children and Adult Services Manual Holders
FROM: Cynthia C. Dungey, Director
SUBJECT: Amendment of rules 5101:2-33-29, 5101:2-47-01, 5101:2-47-16, 5101:2-47-17, 5101:2-47-18, 5101:2-47-19

This letter transmits amended rules for Title IV-E foster care maintenance. These rules have been amended through a collaborative partnership between ODJFS, public children services agencies (PCSAs), private child placing agencies (PCPAs) and private noncustodial agencies (PNAs). All of the rules have been approved by the Partnership for Ohio's Families (PFOF) Rule Review initiative. Rules 5101:2-33-29, 5101:2-47-17, 5101:2-47-18 and 5101:2-47-19 was part of a five year review. The rules will be effective May 1, 2014.

OAC 5101:2-33-29 entitled Verification of United States citizenship and immigration status for all children in foster care. This rule explains what can be used to verify citizenship for all children in foster care. There were minor changes to the rule to add clarity.

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. In paragraph (B) language was changed to better clarify the intent. The words, "initial and continued", were deleted from paragraph (C)(2) and language was added to paragraph (C)(3) to clarify a child that is in the legal responsibility of the Title IV-E agency. The words, "to ensure eligibility and assist the family in obtaining other needed assistance", was deleted from paragraph (C)(5). In paragraph (D) language was changed to add clarity. The reference to rule 5101:2-47-21 was removed as the rule no longer exists. A typo was deleted in paragraph (E).

OAC 5101:2-47-16 entitled Foster care maintenance program reimbursability: Reimbursable placement settings. This rule outlines the requirements for placement settings that are eligible for foster care maintenance reimbursement. In paragraph (A)(9), alternative care setting is explained as a family foster home at the same level of care as the current foster home for a child temporarily placed into for at least twenty-four hours, but for no more than fourteen days as long as the child returns to the original family foster home by the end of the fourteen days. Language was added to paragraph (B) to add clarity regarding reimbursement for payments made to hold a bed for a child on leave.

OAC 5101:2-47-17 entitled Foster care maintenance program reimbursability: Reimbursements for FCM and child care for public foster homes, relative homes, and pre-finalized adoptive homes.

OAC 5101:2-47-18 entitled Foster care maintenance 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. This rule outlines the requirements for services authorized for children who have special, exceptional or intensive needs that required special parenting. In paragraph (A) language was added to require the Title IV-E agency enter the child's characteristics into the statewide child welfare information system (SACWIS).

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. Paragraph (A) was revised for clarity and is now broken out into two paragraphs, (A) and (B). The substantive change is the reference to a procedure letter outlining the ceiling rates for substitute care per diems which can be found on the website of the electronic Family, Adult and Children Manual.

INSTRUCTIONS:

The following chart shows what materials should be inserted into the Family, Children and Adult Services Manual (FCASM).

LOCATION REMOVE AND FILE AS OBSOLETE INSERT/REPLACEMENT
MANAGEMENT AND ADMINISTRATION5101:2‑33‑295101:2‑33‑29
 5101:2‑47‑015101:2‑47‑01
 5101:2‑47‑165101:2‑47‑16
 5101:2‑47‑175101:2‑47‑17
 5101:2‑47‑185101:2‑47‑18
 5101:2‑47‑19 5101:2‑47‑19
TRANSMITTAL LETTERS  FCASMTL No.