FCASMTL 397 (Amendment of Title IV-E Foster Care Maintenance Rules)
Family, Children and Adult Services Manual Transmittal Letter No. 397
June 18, 2018
TO: Family, Children and Adult Services Manual Holders
FROM: Cynthia C. Dungey, Director
SUBJECT: Amendment of Title IV-E Foster Care Maintenance Rule Chapters 5101:2-47-05, 5101:2-47-09, 5101:2-47-12, 5101:2-47-13, 5101:2-47-14, 5101:2-47-14.1, 5101:2-47-20, 5101:2-47-22 and 5101:2-47-23.

The following rules were reviewed as part of a five-year rule review. The purpose of the five-year rule review is to determine whether a rule should be continued without amendment, be amended or be rescinded, taking into consideration each rule's scope and purpose.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 rules will be effective June 23, 2018

OAC rule 5101:2-47-05 "Title XIX Medicaid coverage for Title IV-E foster care maintenance (FCM) recipients in accordance with the Consolidated Omnibus Budget Reconciliation Act (COBRA) " outlines the foster care maintenance (FCM) eligibility requirements for COBRA. The reference to the form JFS 06612 "Health Insurance Information Sheet" has been changed to an Ohio Department of Medicaid (ODM) form with the same number and title. Paragraph (C) now references paragraph (B) in the same rule.

OAC 5101:2-47-09 "Case record requirements for foster care maintenance (FCM)" sets forth the case record responsibilities for FCM. References to the JFS 06612 "Health Insurance Information Sheet" and the JFS 06613 "Accident/Injury Insurance Information" have been changed to ODM forms with the same title and numbering.

OAC 5101:2-47-12 "Title IV-E Foster care maintenance (FCM): Initial determination of program eligibility and reimbursability" outlines the requirements for determining FCM eligibility and reimbursement. Revisions included minor changes to language to add clarity.

OAC 5101:2-47-13 "Title IV-E Foster care maintenance (FCM) program eligibility: Legal responsibility requirements" sets forth the legal responsibility requirements for FCM. The reference to the form JFS 01666 “Permanent Surrender” revision date was changed to October 2013.

OAC 5101:2-47-14 "Title IV-E Foster care maintenance (FCM) program eligibility: ADC-relatedness" outlines the aid to dependent children (ADC) program requirements for foster care maintenance. The reference to the form JFS 01666 “Permanent Surrender” revision date was changed to October 2013.

OAC 5101:2-47-14.1 "Title IV-E eligibility under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996" outlines that the ADC relatedness requirements for FCM eligibility are based on the ADC relatedness eligibility requirements that were in effect on July 16, 1996. These rules are contained in appendix A of this rule. Minor changes were made for clarity.

OAC 5101:2-47-20 "Title IV-E Foster care maintenance (FCM) program reimbursability: Supplemental reimbursement for the cost of care for the child of a Title IV-E recipient parent" outlines the process to receive reimbursement for a child of a minor parent that is not in the custody of a Title IV-E agency. Paragraph (D) was revised and a new paragraph (E) was added for clarity.

OAC 5101:2-47-22 "Reasonable efforts requirements for Title IV-E foster care maintenance (FCM)" outlines the federal requirements regarding reasonable efforts for foster care maintenance eligibility. Minor changes to language were made to add clarity.

OAC 5101:2-47-23 "Beginning date of reimbursability for Title IV-E foster care maintenance (FCM)" outlines the requirements to begin reimbursement for FCM. Language was revised and added to provide clarity.

INSTRUCTIONS:

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

LOCATION

REMOVE AND FILE

AS OBSOLETE

INSERT/

REPLACEMENT

MANAGEMENT AND ADMINISTRATION 5101:2‑47‑05 5101:2‑47‑05
  5101:2‑47‑09 5101:2‑47‑09
  5101:2‑47‑12 5101:2‑47‑12
  5101:2‑47‑13 5101:2‑47‑13
  5101:2‑47‑14 5101:2‑47‑14
  5101:2‑47‑14.1 5101:2‑47‑14.1
  5101:2‑47‑20 5101:2‑47‑20
  5101:2‑47‑22 5101:2‑47‑22
  5101:2‑47‑23 5101:2‑47‑23