Ohio's Families and Children Rule Review Site

5101:2-47-09 Case record requirements for foster care maintenance (FCM).

Posted: August 23rd, 2017

This rule is no longer open for comment. However, here you can view an archived, read-only version of the rule and any associated comments.

NOTE: This rule is being reviewed for 14 days for pre-clearance due to 5 year rule review.

(A) Each Title IV-E agency shall maintain a separate case record containing documentation which supports the Title IV-E agency's actions in the entire process of determining a child's eligibility for Title IV-E FCM.

(B) Each Title IV-E program eligibility documentation must include, but is not limited to:

(1) A completed JFS 01452 "Title IV-E Foster Care Maintenance Application for Initial Eligibility" (rev. 12/2005) or a copy of the eligibility determination in the statewide automated child welfare information system (SACWIS).

(2) For court-ordered removals, a copy of all court orders including, but not limited to:

(a) The complaint, petition, probation violation or motion or initial court order placing a child into detention that removes the child from a specified relative .

(b) The initial court order of custody or commitment giving the Title IV-E agency legal responsibility for the care and placement which led to the child's removal from a specified relative. The initial court order must contain a judicial determination to the effect that continuation in the home would be contrary to the welfare of the child.

(c) The adjudication order.

(d) The court order containing the reasonable efforts to prevent the removal as required in rule 5101:2-47-22 of the Administrative Code.

(e) The dispositional order.

(f) The court orders containing the court's determination of reasonable efforts to finalize the permanency plan as required in rule 5101:2-47-22 of the Administrative Code.

(3) If the child entered custody as a result of a JFS 01645 "Agreement for Temporary Custody of a Child" (rev. 4/2006) a copy of the JFS 01645 and a copy of any court approved JFS 01645 thirty day extensions evidencing the court's determination that placement is in the best interest of the child, as applicable.

(4) If the child entered custody as a result of a JFS 01666 "Permanent Surrender of Child" (rev. 6/2006) a copy of the JFS 01666 and a copy of the court order received within one hundred eighty days from the date of placement evidencing the court's determination that placement is in the best interest of the child and that reasonable efforts were made, as applicable.

(5) Documentation of citizenship and immigration status for all children in foster care regardless of whether Title IV-E FCM payments are made on their behalf pursuant to rule 5101:2-33-29 of the Administrative Code.

(6) Documentation of the verification used to meet all of the FCM eligibility requirements described in Chapter 5101:2-47 of the Administrative Code.

(7) A copy of the Title IV-E agency's notification to the county department of job and family services (CDJFS) Title IV-A unit of a child entering custody.

(8) A copy of the Title IV-E agency's JFS 01435 "Title IV-E AgencyApplication Update for Child Support Services" (rev. 4/2006) for a child entering custody.

(9) Copies of the JFS 06612 "Health Insurance Information Sheet" (rev. 5/2001) and the JFS 06613 "Accident/Injury Insurance Information" (rev. 6/2009), as applicable.

(10) A copy of the JFS 03528 "Healthchek and Pregnancy Related Services Information Sheet" (rev. 5/2011).

(11) Any JFS 01452A "Title IV-E Foster Care Maintenance Redetermination" (rev.12/2005) or any redeterminations of continued eligibility done in SACWIS prior to April 1, 2010.

(C) Title IV-E program reimbursability documentation must include, but is not limited to:

(1) The receipt of supplemental security income (SSI) during the FCM claim period.

(2) Documentation of the child's income.

(3) A copy of each approval, license, certification, as applicable, for the child's placement facility during the time FCM reimbursements were made for the child.

(4) Documentation for difficulty of care payments:

(a) The degree of difficulty of care and supervision required by the special, exceptional or intensive needs child.

(b) The qualification of and degree of care and supervision provided by the substitute caregiver.

(c) Agency-specific emergency foster home criteria.

(5) A copy of documentation evidencing repayment of any identified Title IV-E FCM overpayment.

(6) A copy of documentation used to receive reimbursements for clothing, personal incidentals and graduation expenses.

(D) Case records may be maintained as hard copy files, electronic files or as a combination of both. If an electronic copy is kept, upon request a hard copy of the file must be made available for audit purposes.

(E) Each case record prepared and maintained must be kept permanently and may be integrated into the child's case record pursuant to rule 5101:2-33-23 of the Administrative Code once the child is no longer in the care and placement of the Title IV-E agency.

Cite as Ohio Admin. Code 5101:2-47-09

Effective: 06/01/2013
R.C. 119.032 review dates: 01/25/2013 and 06/01/2018
Promulgated Under: 119.03
Statutory Authority: 5153.16, 5101.141, 5103.03
Rule Amplifies: 5103.03 , 5153.16, 5101.141
Prior Effective Dates: 1/1/83, 4/1/86 (Emer.), 7/1/86, 7/2/87, 9/1/88, 5/1/98, 9/1/03, 10/8/07, 8/20/11.