FCASMTL 441 (Amendment of Title IV-E Foster Care Maintenance Rules in Chapter 5101:2-47; 5101:2-47-10, 5101:2-47-11, 5101:2-47-11.1, 5101:2-47-16, 5101:2-47-26, 5101:2-47-26.1, 5101:2-47-26.2 of the Administrative Code)
Family, Children and Adult Services Manual Transmittal Letter No. 441
October 20, 2020
TO: Family, Children and Adult Services Manual Holders
FROM: Kimberly Hall, Director
SUBJECT: Amendment of Title IV-E Foster Care Maintenance Rules in Chapter 5101:2-47; 5101:2-47-10, 5101:2-47-11, 5101:2-47-11.1, 5101:2-47-16, 5101:2-47-26, 5101:2-47-26.1, 5101:2-47-26.2 of the Administrative Code.

In accordance with Public Law 115-123, Family First Prevention Services Act (FFPSA) made changes to Title IV-B and IV-E of the Social Security Act, for a specific category of a non-foster family home setting, the Qualified residential treatment program (QRTP) placements.  Rules have been amended, rescinded and filed as new to outline requirements for submitting a cost report for the QRTP programs certified after October 1, 2020. These rules will become effective October 29, 2020.

OAC rule 5101:2-47-10 entitled "Reimbursement for Title IV-E foster care maintenance (FCM) costs for a foster home." This new rule was created to outline the cost report filing requirement for a foster home. This new rule was created to include the language regarding the requirements for a foster home that was in rule 5101:2-47-11 that has been rescinded. The requirements for a foster home agency to file a cost report remains unchanged.

OAC rule 5101:2-47-11 entitled "Reimbursement for Title IV-E foster care maintenance (FCM) costs for children’s residential centers (CRC), group homes, maternity homes, residential parenting facilities, private foster homes, and substance use disorder (SUD) residential facilities." The rule has been rescinded and replaced with a new rule under the same number. Language pertaining to foster homes has been removed from this rule and added to a new rule 5101:2-47-10. This rule outlined the cost report requirements for a children's residential center certified prior to October 1, 2020. The replacement rule no longer includes language regarding foster home cost report requirements since foster homes. Foster homes are not certified as Qualified Residential Treatment Programs as part of the Family First Prevention Services Act of 2018.

OAC rule 5101:2-47-11 entitled "Reimbursement for Title IV-E Foster Care Maintenance (FCM) costs for children's residential centers (CRC), group homes, maternity homes, residential parenting facilities, private foster homes, and a substance use disorder (SUD) residential facility certified prior to October 1, 2020." This rule outlines the cost report requirements for a children's residential center certified prior to October 1, 2020. This rule replaces a rule of the same number that no longer includes language regarding foster home cost report requirements and does not include language for QRTP certified after October 1, 2020. Foster homes are not considered Qualified Residential Treatment Program as part of the Family First Prevention Services Act of 2018.

OAC rule 5101:2-47-11.1 entitled "Reimbursement for Title IV-E foster care maintenance (FCM) costs for Qualified Residential Treatment Program (QRTP) certified after October 1, 2020."  This rule outlines the cost report requirements for a Qualified Residential Treatment Programs (QRTP) certified after October 1, 2020 as part of the Family First Prevention Services Act of 2018.

OAC rule 5101:2-47-16 entitled "Title IV-E foster care maintenance (FCM) program: Reimbursable placement settings." This rule outlines the requirements for placement settings that are eligible for foster care maintenance reimbursement. The rule has been amended to include a Qualified Residential Treatment Program (QRTP) as defined in rule 5101:2-9-42 of the Administrative Code.

OAC rule 5101:2-47-26 entitled "Title IV-E agencies, private child placing agencies (PCPA), private noncustodial agencies (PNA), Qualified Residential Treatment Program (QRTP), residential care facilities, substance use disorder (SUD) residential facilities: penalties for failure to comply with fiscal accountability procedures." This rule outlines the penalties that can be enacted if an identified agency fails to comply with ODJFS fiscal accountability procedures. The rule has been amended to include a Qualified Residential Treatment Program (QRTP) as defined in rule 5101:2-9-42 of the Administrative Code.

OAC rule 5101:2-47-26.1 entitled "Title IV-E Agencies, private child placing agencies (PCPA), private noncustodial agencies (PNA), qualified residential treatment programs (QRTP), residential care facilities, substance use disorder (SUD) Residential Facilities: Title IV-E Cost Report Filing Requirements, Record Retention Requirements and Related Party Disclosure Requirements." This rule clarifies the cost report filing requirements, the deadlines for filing the cost report, and record retention requirements. The rule has been amended to include a Qualified Residential Treatment Program (QRTP) as defined in rule 5101:2-9-42 of the Administrative Code.

OAC rule 5101:2-47-26.2 entitled "Cost report "Agreed Upon Procedures" Engagement." This rule outlines the requirements for a private child placing agency (PCPA), a private noncustodial agency (PNA), residential care facility, or SUD residential facility that completes a JFS 02911 JFS "Title IV-E Single Cost Report" to have an annual JFS 02913 "Title IV-E Agreed Upon Procedures Engagement" conducted for its cost report." The rule has been amended to include a Qualified Residential Treatment Program (QRTP) as defined in rule 5101:2-9-42 of the Administrative Code.

INSTRUCTION:

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   5101:2‑47‑10
  5101:2‑47‑11 5101:2‑47‑11
    5101:2‑47‑11.1
  5101:2‑47‑16 5101:2‑47‑16
  5101:2‑47‑26 5101:2‑47‑26
  5101:2‑47‑26.1 5101:2‑47‑26.1
  5101:2‑47‑26.2 5101:2‑47‑26.2
TRANSMITTAL LETTERS   FCASMTL No. 441