This Procedure Letter transmits a correction to the FCASPL No.66 dated August 10, 2000. The correction is only in the Procedure number.
Ohio Administrative Code rule 5101:2-47-29 was transmitted in FCASMTL No.105. As a result of comments that have been received, a change is being made to the judicial determination requirement in paragraph (B)(4)(ii) for children who are taken into agency custody through the ODHS 1645 "Agreement for Temporary Custody of Child." This change allows for a "written" court determination that "continuation in the home would be contrary to the welfare of the child or that the placement is in the best interest of the child." This change will allow Title IV-E eligibility to be determined for children who are placed in the temporary custody of an agency through the ODHS 1645 and, subsequently, the agency is given permanent custody of the same child through the ODHS 1666 "Permanent Surrender."
In order to comply with Federal Title IV-E requirements, agencies should immediately use this type of court determination to determine eligibility for this group of children. This rule is being refiled with the noted change and will be transmitted as a permanent rule at a later date. A draft copy of the revised rule is included with this letter.
Please contact the Bureau of Adoption and Kinship at 614-466-9274 with questions.