Please note: rule is posted for pre-clearance and is being reviewed to include policy clarification.
(A) Pursuant to section 475(8)(B) of the Social Security Act, 94 Stat. 501, 42 U.S.C. 675 (1980) (the "Act"), a Title IV-E agency can extend foster care assistance for a young adult age eighteen but less than age twenty-one. This funding is provided in accordance with the federal "Fostering Connections to Success and Increasing Adoptions Act of 2008" to cover foster care maintenance (FCM) payments, administration and training payments.
(B) The Title IV-E FCM program eligibility shall be determined in the statewide automated child welfare information system (SACWIS) by the Title IV-E agency representative within sixty calendar days of all parties signing the voluntary participation agreement (VPA).
(C) A young adult shall be considered Title IV-E FCM program eligible if, at the time eligibility is being determined:
(1) The young adult is program eligible for bridges and has signed a VPA pursuant to rule 5101:2-50-02 of the Administrative Code.
(2) The young adult met the aid to families with dependent children (AFDC) eligibility requirements per section 472(a)(3) of the "Act". AFDC eligibility is based on the young adult without regard to the parents/legal guardians or others in the assistance unit in the home from which the young adult was removed as a child.
(D) Once Title IV-E FCM eligibility is established, the young adult remains program eligible for the entire care and placement episode through the end of the month of the young adult's twenty-first birthday.
(E) The young adult is no longer program eligible for Title IV-E FCM when any of the following occur:
(1) The young adult has been terminated from bridges pursuant to rule 5101:2-50-03 of the Administrative Code; or
(2) The Title IV-E agency failed to acquire a best interest statement from the juvenile court in accordance with section 5101.1412 of the Revised Code. Eligibility ends at the end of the one hundred eightieth day of the signed VPA; or
(3) At the end of the month of the young adult's twenty-first birthday; or
(4) The young adult dies. Eligibility ends on the date of death.
(F) A new FCM eligibility determination in SACWIS must be completed if a young adult is terminated from bridges or voluntarily leaves the program and reenters the program by signing a new VPA.
(G) Title IV-E program reimbursability shall be determined for a young adult who is Title IV-E FCM program eligible at the time all parties signed the VPA. A Title IV-E FCM program eligible young adult shall be reimbursable when both of the following apply:
(1) The young adult's countable income is less than the cost of care paid by the Title IV-E agency.
(2) The young adult is residing in an approved supervised setting, in accordance with section 5101.1411 of the Revised Code.
(H) The young adult is no longer program reimbursable for Title IV-E when any of the following occur:
(1) Reasonable efforts to finalize the permanency plan are not met in accordance with section 472(a)(2)(A)(ii) of the "Act" and 45 C.F.R. 1356.21(b)(2) (2012).
(2) The young adult is not residing in an approved supervised setting, as outlined in paragraph (G)(2) of this rule.
Five Year Review (FYR) Dates: 12/11/2022
Promulgated Under: 119.03
Statutory Authority: 5101.1414
Rule Amplifies: 5101.1412, 5101.1413, 5101.1411