FCASMTL 377 (Five-Year Rule Review: Amendment to Title IV-E Foster Care Maintenance Rules 5101:2-47-03.1, 5101:2-47-04, 5101:2-47-15 and No Change to Rule 5101:2-47-07 of the OAC)
Family, Children and Adult Services Manual Transmittal Letter No. 377
March 22, 2017
TO: Family, Children and Adult Services Manual Holders
FROM: Cynthia C. Dungey, Director
SUBJECT: Five-Year Rule Review: Amendment to Title IV-E Foster Care Maintenance rules 5101:2-47-03.1, 5101:2-47-04, 5101:2-47-15 and no change to rule 5101:2-47-07 of the Administrative Code.

In accordance with Ohio Revised Code (ORC) section 106.03, each state is required to review its rules a minimum of once every five years. The intent of the law is to ensure that rules are clearly written and that program requirements are accurate, up-to-date and clearly expressed. To the extent possible, unnecessary paperwork will be eliminated, and local agencies will be given increased flexibility. The purpose of a rule review is to determine whether a rule should be continued without amendment, be amended or be rescinded, taking into consideration each rule's scope and purpose. The following rules were recently reviewed and amended to provide clarity, with an effective date of April 15, 2017.

Ohio Administrative Code (OAC) rule 5101:2-47-03.1 "Qualified and Disqualified Alien Eligibility for Foster Care Maintenance and Independent Living Services," this rule outlines the foster care maintenance (FCM) eligibility requirements for qualified aliens. This rule has been edited to provide clarification.

OAC 5101:2-47-04 entitled "Intercounty and interstate case management responsibility for foster care maintenance" describes the case management responsibilities for FCM when a case is transferred to another county. A minor grammatical error was fixed.

OAC 5101:2-47-15 entitled "Foster care maintenance program reimbursability: authorization for foster care maintenance and auxiliary payment reimbursements" outlines the process to receive reimbursement for FCM, difficulty of care auxiliary reimbursements. Paragraph (E) was amended to include residential parenting facilities as a type of FCM reimbursable setting and minor edits to paragraph (J) for clarity.

No changes were made to the following rule:

OAC 5101:2-47-07 entitled "Notice of Rights to a Hearing for Foster Care Maintenance" describes the hearing rights for Title IV-E agencies.

INSTRUCTION:

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

LOCATIONREMOVE AND FILE AS OBSOLETEINSERT/ REPLACEMENT
MANAGEMENT AND
ADMINISTRATION
5101:2‑47‑03.15101:2‑47‑03.1
 5101:2‑47‑045101:2‑47‑04
 5101:2‑47‑075101:2‑47‑07
 5101:2‑47‑15 5101:2‑47‑15
TRANSMITTAL LETTERS FCASMTL No. 377