This letter transmits the changes to Ohio Administrative Code 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 as part of the five year rule review process. These rules will be effective August 25, 2008.

OAC 5101:2-47-12 entitled Foster care maintenance: Initial determination of program eligibility and reimbursability. The rule has been amended to identify foster care maintenance (FCM) eligibility determinations will be completed in the statewide automated child welfare information system (SACWIS) instead of the JFS 01452 once SACWIS is implemented in each agency.

OAC 5101:2-47-13 entitled Foster care maintenance program eligibility: Legal responsibility requirements. The timeframe for obtaining a judicial determination to the effect that continuation in the home is contrary to the best interest of the child or that the placement is in the best interest of the child was changed from one hundred and eight one days to one hundred and eighty. New language has been added to this rule to clarify that affidavits, amendments and nunc pro tunc orders will not be accepted as verification documentation to meet the judicial determinations of contrary to the welfare and reasonable efforts.

OAC 5101:2-47-14 entitled Foster care maintenance program eligibility: ADC-relatedness. This rule has been amended to clarify that each ADC eligibility criteria, including deprivation, need and resources criteria must be met in the month of, but prior to, the child's removal from the home.

OAC 5101:2-47-16 entitled Foster care maintenance program reimbursability: Reimbursable placement facilities. Minor changes were made to this rule including the word "payment" was changed to "reimbursement", acronyms were defined and the correct reference to Chapter 52 was added.

OAC 5101:2-47-17 entitled Foster care maintenance (FCM) program reimbursability: Reimbursements for FCM and child care for public foster homes, relative homes, and pre-finalized adoptive homes. The word "payment" has been changed to "reimbursement" throughout this rule to clarify that foster care maintenance is not a payment but rather a reimbursement to Title IV-E agencies for services they have provided on behalf of a FCM eligible child.

OAC 5101:2-47-18 entitled Foster care maintenance program reimbursability: Reimbursements related to difficulty of care needs of a child placed in a foster home, relative home, or pre-finalized adoptive home. The word "payment" has been changed to "reimbursement" throughout this rule to clarify that foster care maintenance is not a payment but rather a reimbursement to Title IV-E agencies for services they have provided on behalf of a FCM eligible child.

OAC 5101:2-47-20 entitled Foster care maintenance program reimbursability: Supplemental reimbursements for the cost of care for the child of a title IV-E recipient parent. The word "payment" has been changed to "reimbursement" throughout this rule.

OAC 5101:2-47-21 entitled Foster care maintenance (FCM): Redetermination of program eligibility and reimbursability. Minor changes were made to this rule to identify that foster care maintenance (FCM) eligibility redeterminations will be completed in the statewide automated child welfare information system (SACWIS) instead of the JFS 01452A once SACWIS is implemented in each agency.