The Ohio Department of Job and Family Services has revised rules 5101:2-47-12, 5101:2-47-13, 5101:2-47-14, 5101:2-47-16, 5101:2-47-17, 5101:2-47-18, 5101:2-47-20, and 5101:2-47-21 of the Administrative Code (OAC) as a result of the five year rule review process.

One rule was rescinded and replaced, but most of the rules were amended for the purpose of clarity. Several rules were updated to reflect the separation of the JFS 1452 form that was previously used for initial determinations and redeterminations. There are now separate forms for the initial eligibility determination, the JFS 01452 and for the redetermination of eligibility, the JFS 01452A. All OAC 5101:7-1-02 rule references were deleted and replaced with 5101:2-47-14.1 references as a result of the previous transfer of the 1996 Aid to Dependent Children (ADC) requirements from rule to rule. The initial determination of eligibility and reimbursability time frame has been changed from thirty to sixty days. The redetermination time frame requirement has also been changed from every six months to every twelve months. These changes are effective December 1, 2003.

A brief explanation of other rule revisions appears below:

5101:2-47-12 Foster care maintenance program eligibility: determination of program eligibility.

The title and paragraphs (F) and (G) were amended to reflect initial eligibility and reimbursability criteria. The redetermination of program eligibility and reimbursability criteria has been moved to rule 5101:2-47-21 of the Administrative Code. Paragraph (H) wording was moved from OAC rule 5101:2-47-21 to this rule as it pertains to the initial determination of eligibility. In paragraph (C), the words "determination / redetermination form" have been deleted and replaced with the new name of the initial application.

5101:2-47-13 Foster care maintenance program eligibility: legal responsibility requirements.

In paragraph (C) added "to the effect" wording to mirror the federal regulations. Deleted wording in paragraph (D) that does not relate to legal responsibility. The wording was duplicative of that contained in rule 5101:2-47-23. In paragraph (E), added two exceptions to a child entering care via a JFS 01645. Deleted paragraph (F) because it was moved to rule 5101:2-47-12 paragraph (F) as it pertains to an initial eligibility determination requirement. Added paragraph (G) for additional clarification of judicial determination documentation.

5101:2-47-14 Foster care maintenance program eligibility: ADC-relatedness.

In paragraph (A), deleted "income" and added "all Title IV-E program eligibility requirements" must be verified. Added wording to reflect that eligibility can not be established when no information is available. In paragraph (E)(4)(a), added the 185 percent requirement to be in line with federal requirements, both the 100 and 185 percent need standard must be met. Added paragraphs (E)(5)(e) and (f) to comprehensively reflect the resource requirements of rule 5101:2-47-14.1 of the Administrative Code.

5101:2-47-16 Foster care maintenance program reimbursability: reimbursable placement facilities. Deleted all "family" references in "family foster home" as a result of HB 448. Deleted paragraph (A)(9) and incorporated into paragraph (A)(1) a pre-adoptive licensed foster home. Added paragraphs (C)(3), (4) and (5) as non-reimbursable placement settings. In paragraph (C)(1) added clarification to court ordered placements. Added "AWOL, hospital or leave" as non reimbursable settings to be in line with federal requirements.

5101:2-47-17 FCM program reimbursability: FCM payments and child care payments for public family foster homes, relative homes, and prefinalized adoptive homes.

Deleted all "per diem" and "rate" references and replaced them with "amount" and "reimbursement amount" for clarity. Updated all form and ODHS references. Updated "payment" reference to "minimum and maximum reimbursement amounts" in paragraph (A) for clarity.

5101:2-47-18 Foster care maintenance program reimbursability: payments related to the difficulty of care needs of a child placed in a foster home, relative home, or prefinalized adoptive home.

Various changes have been made to clarify that difficulty of care payments continue to be allowed for children placed in a foster home prior to April 1, 2005 and can continue as long as the child is placed in the same foster home.

5101:2-47-20 Foster care maintenance program reimbursability: supplemental payments for the cost of care for the child of a Title IV-E recipient parent.

All "family" references in "family foster home" have been deleted as a result of HB 448. Updated the form reference in paragraph (E).

5101:2-47-21 Foster care maintenance program reimbursability: determination and redetermination of program reimbursability. This rule has been rescinded and replaced with a new rule to reflect the redetermination of program eligibility and reimbursability requirements. The rule identifies age as a program eligibility requirement for redeterminations. The rule also identifies the ongoing program reimbursability requirements to include: deprivation, financial need, resources, reasonable efforts to finalize the permanency plan determination, and placement settings.

For questions about this letter, please contact the OCF Helpdesk by phone at 1-866-886-3537 Option 4 or by email at: HELP-DESK-OCF@odjfs.state.oh.us.

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.