In accordance with Ohio Revised Code (ORC) Section 119.03, each state agency is required to review its rules a minimum of once every five years. The intent of the law is to ensure that rules are clearly written and that program requirements are accurate, up-to date and clearly expressed. To the extent possible, unnecessary paperwork will be eliminated, and local agencies will be given increased flexibility. The purpose of a rule review is to determine whether a rule should be continued without amendment, be amended or be rescinded, taking into consideration each rule's scope and purpose. The following rules were recently reviewed and amended, with a proposed effective date of June 1, 2012.

Ohio Administrative Code (OAC) rule 5101:2-47-03.1 "Qualified and Disqualified Alien Eligibility for Foster Care Maintenance and Independent Living Services," this rule outlines the foster care maintenance (FCM) eligibility requirements for qualified aliens. Minor changes were made to provide clarity.

OAC 5101:2-47-04 "Intercounty and interstate case management responsibility for foster care maintenance" describes the case management responsibilities for FCM when a case is transferred to another county. Minor changes were made to provide clarity.

OAC 5101:2-47-07 "Notice of Right to a Hearing for Foster Care Maintenance" describes the hearing rights for Title IV-E agencies. There are no amendments to this rule as part of the five year rule review.

OAC 5101:2-47-08 "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)", describes all the required referrals that a Title IV-E agency is responsible for. The rule has been rescinded and filed as new to clearly explain the requirements. The time frame for submitting the JFS 01435 has changed to within sixty business days from the date the Title IV-E agency obtains legal responsibility for the care and placement of the child. Language was also added to clarify that the assignment of child support to the Title IV-E agency begins the first day of the calendar month in which all Title IV-E eligibility are met and ends on the last day of the calendar month in which the agency's temporary custody of a child terminates.

OAC 5101:2-47-15 "Foster care maintenance program reimbursability: authorization for foster care maintenance and auxiliary payment reimbursements" outlines the process to receive reimbursement for FCM, difficulty of care auxiliary reimbursements. References to the FACSIS, the JFS 01659 and JFS 01925 have been removed because all reimbursement is authorized through the statewide automated child welfare information system (SACWIS).

INSTRUCTIONS:

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