This letter transmits new, rescinded and amended Ohio Administrative Code (OAC) rules governing Title IV-E foster care maintenance in rules 5101:2-47-08 and 5101:2-47-13. The rules will be effective on November 05, 2020.

The following is a brief explanation of the changes.

OAC rule 5101:2-47-08 entitled "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) " outlines the required applications a Title IV-E agency is responsible for completing when a child comes into care. This rule is being rescinded and a new rule is being created. The new rule outlines the automation process between child support and the Statewide Automated Child Welfare Information System (SACWIS). Other minor clarifications were made. JFS 01435 "Title IV-E agency application/update for child support services" was removed from the rule as the form is now obsolete and the information will be completed in SACWIS.

OAC rule 5101:2-47-13 entitled "Title IV-E foster care maintenance (FCM) program eligibility: Legal responsibility requirements" sets forth the legal responsibility requirements, including judicial determination of best interest and reasonable efforts, for FCM program eligibility. Removal of form revision dates from JFS 01645 "Agreement for Temporary Custody of Child" and JFS 01666 "Permanent Surrender of Child" from paragraph (A). Additionally, changes were made to paragraph (E) to provide clarity around the IV-E agency’s responsibility for obtaining a best interest judicial determination, prior to thirty days elapsing, when a child has initially entered care as a result of a JFS 01645.

INSTRUCTIONS:

The following chart identifies the material that needs to be removed from the Family, Children and Adult Services Manual (FCASM) and the material that should be added.