(A)       For purposes of this rule, a parent in substitute care who is program reimbursable for Title IV-E foster care maintenance (FCM) 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 Title IV-E FCM recipient parent solely for the purpose of receipt of Title IV-E FCM funds to provide for the child's cost of care.

(C)       The cost of care for the child residing with his/her parent in a foster home or residential parenting facility must be included as a supplemental payment to the Title IV-E FCM reimbursement made on behalf of his/her 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 or residential parenting facility, the following shall apply: 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.

(1)       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.

(2)       The child's FCM eligibility must be determined based on the child's current and individual circumstances.

(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.

(E)(F)  A child whose cost of care is included as a supplemental payment to the Title IV-E FCM reimbursement made on behalf of his/her 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.

Effective:

Five Year Review (FYR) Dates: 3/19/2018

Certification

Date

Promulgated Under: 119.03

Statutory Authority: 5103.03, 5101.141

Rule Amplifies: 5101.141, 5153.16, 5103.03

Prior Effective Dates: 11/01/1993, 05/01/1998, 06/13/2000 (Emer.), 09/07/2000, 12/01/2003, 08/25/2008, 06/01/2013