The above mentioned rules are being processed as part of the five year rule review. These rules are effective October 8, 2007.

OAC 5101:2-47-05 entitled Title XIX Medicaid coverage for Title IV-E foster care maintenance recipients in accordance with the "Consolidated Omnibus Budget Reconciliation Act" (COBRA). This rule requires the county agency that has the legal responsibility for the care and placement of a child to transfer Title XIX Medicaid coverage for a IV-E eligible child who is placed in another state. The rule details the information necessary for an Ohio agency to authorize Title XIX Medicaid coverage for a child from another state placed in Ohio. The rule explains the requirement to explore other Title XIX Medicaid coverage for a child placed out of state who may have lost their IV-E eligibility. The rule is being rescinded and a new rule will replace it with changes that include combining information within paragraphs (A) and (B) for clarity. The information within the paragraphs has not changed. The acronym PCSA has been changed to Title IV-E agency. The statewide automated child welfare information system (SACWIS) has been used in place of FACSIS/SIS.

OAC 5101:2-47-09 entitled Administrative procedure: Case record requirements for foster care maintenance. This rule sets forth case record requirements for Title IV-E Foster Care Maintenance program. Each Title IV-E agency is required to maintain a separate record for eligibility documentation. The specific requirements for determining eligibility which is detailed in division 2 in chapter 47 of the Administrative Code, is to be contained in a file outside of the child's case record. Included in the file is the eligibility determination documentation, court orders, placement log, foster care license(s), ADC related documentation and citizenship verification. The citizenship verification requirement and immigration status for all children in foster care has been added. Revision dates of forms has been included. The wording "giving the Title IV-E agency legal responsibility" has been added to paragraph (B).

OAC 5101:2-47-14.1 entitled Title IV-E eligibility under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. The rule defines "public agency" and the time frame for determining Title IV-E Foster Care Maintenance IV-E eligibility. The rule is authorized by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 which defines the Aid to Dependent Child relatedness in order to the federal requirement under the Social Security Act to be eligible for Title IV-E Foster Care Maintenance. The timeframe for completing the eligibility determination was changed from thirty to sixty days in paragraph (C).

OAC 5101:2-47-22 entitled Foster care maintenance: reasonable efforts requirements. This rule sets forth the requirement under the Social Security Act. Section 471(a)(15) of the Act requires the State agency to make reasonable efforts to prevent the child's removal from his/her home, to reunify the child and family, and to make and finalize an alternate permanent placement when the child and family cannot be reunited. The requirements for judicial determinations regarding reasonable efforts are title IV-E eligibility criteria. If the eligibility criteria are not satisfied, the child is not eligible for title IV-E funding. The rule dictates the timeframes for when the reasonable efforts requirement is to be met in order to meet eligibility and to continue eligibility for Title IV-E Foster Care Maintenance. The word "placement" was changed to "removal" in paragraphs (A), (B) and (C). Paragraph (F) was reorganized with wording changes and the addition of the wording "which has legal responsibility for a child."

INSTRUCTIONS:

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