Ohio's Families and Children Rule Review Site

5101:2-47-01 Administration of the Title IV-E foster care maintenance program (FCM).

Posted: April 23rd, 2018

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.

Please note: These rules are being reviewed due to 5-year rule review requirements and they are due May 1, 2019.

(A) The primary objectives of the Title IV-E program are:

(1) To reduce the number of children removed from their own homes for placement in substitute care.

(2) To improve the quality of care provided to children placed in substitute care.

(3) To return children from substitute care to their own homes as soon as possible.

(4) To facilitate the adoption of or other permanent placement for those children who cannot return to their own homes.

(B) The Ohio department of job and family services (ODJFS) is committed to ensuring the maximum number of children receiving assistance under the Title IV-E foster care maintenance (FCM) program at any time, who will remain in foster care after having been in such care for more than twenty-four months, is no more than twenty per cent of the total number of children who are reported in foster care during the preceding calendar year.

(1) The total number of children who are in foster care shall be determined from data collected by ODJFS in accordance with 45 C.F.R. 1355.40 (01/2012).

(2) This goal will be achieved by periodic monitoring and evaluation by ODJFS of agency case records and reports to ODJFS, with full realization no child eligible to receive assistance under the requirements of the Title IV-E program may be denied assistance on the basis of this goal.

(C) The Title IV-E agency is responsible for the administration of the (FCM) program. The Title IV-E agency may claim administrative expenditures for reimbursement only if Title IV-E FCM is a direct responsibility of the Title IV-E agency. The Title IV-E agency having responsibility for the placement and care of the child shall:

(1) Ensure the proper administration of funds, allocated or reimbursed.

(2) Determine eligibility for FCM program services.

(3) Maintain a separate FCM case record for each program eligible child in the legal responsibility of the Title IV-E agency.

(4) Assure that each child who has attained the minimum age for compulsory school attendance receiving FCM reimbursement is a full-time elementary or secondary school student. Full-time elementary or secondary school attendance includes the following:

(a) A child is enrolled, or in the process of enrolling in an institution providing elementary or secondary education.

(b) A child is instructed in elementary or secondary education at home in accordance with the home school law of the state where the home is located.

(c) A child in an independent study elementary or secondary education program in accordance with the law of the state where the program is located, which is administered by the local school or school district.

(d) A child is incapable of attending school on a full-time basis due to the medical condition of the child, and the incapability is supported by regularly updated information in the case plan of the child.

(5) Facilitate service planning and provision of services under the FCM program. Service planning and provision of services shall include but are not limited to:

(a) Placement prevention efforts.

(b) Determining the appropriateness of placement.

(c) Ensuring all procedural safeguards are provided.

(d) Case management.

(e) Family reunification efforts.

(f) Providing support to the child's caregivers.

(g) Discharge planning.

(h) Independent living.

(i) Referral to other programs as required or necessary, which include, but are not limited to supplemental security income (SSI), Title IV-D, Ohio works first, Title XIX (medicaid) and Title XX(social services block grant) .

(D) Program eligibility and program reimbursability shall be concurrently achieved before Title IV-E FCM reimbursement for a child may be issued.

(1) "Program eligible" means both:

(a) The child met the ADC-relatedness standards, in effect on July 16, 1996 when he or she entered placement, as required in rules 5101:2-47-12, 5101:2-47-14 and 5101:2-47-14.1 of the Administrative Code.

(b) The Title IV-E agency is legally responsible for the child's care in accordance with rule 5101:2-47-13 of the Administrative Code.

(2) "Program reimbursable" means federal financial participation (FFP) is available for a child meeting the requirements set forth in rules 5101:2-47-13, 5101:2-47-16, and 5101:2-47-22 of the Administrative Code.

(E) Reimbursements for FCM shall be at the current rate of federal financial participation (FFP). The Title IV-E agency is responsible for the nonfederal share of all basic FCM payments made by the agency. Local or state funds may be used as the agency's match for the nonfederal share. FFP is available for a portion of the maintenance costs of program eligible and reimbursable children placed in substitute care.

(F) Maintenance costs include the following:

(1) Food.

(2) Clothing.

(3) Shelter.

(4) Daily supervision.

(5) School supplies.

(6) Personal incidentals.

(7) Liability insurance with respect to the child.

(8) Reasonable cost of travel for the child's visitation with family or other caregivers.

(9) Reasonable cost of travel for the child to remain in the school the child was enrolled prior to placement in foster care.

(10) In the case of residential facility care, the reasonable costs of administration and operation of such facility as are necessary and required to provide the maintenance costs.

(G) The Title IV-E agency is responsible for the nonfederal share of certain medicaid administrative costs for children in it's care and Title IV-E administrative and training costs.

(1) Title IV-E administrative costs are subject to the requirements of rule 5101:9-6-28 of the Administrative Code. Administrative costs charged to Title IV-E shall not be charged concurrently to another federal program. Reimbursement shall be at the prevailing FFP.

(2) FFP is available for a portion of the administrative costs associated with program eligible and reimbursable children placed in substitute care.

(3) Administration costs include the following:

(a) Overhead costs associated with administering the Title IV-E program.

(b) The costs of providing case management.

(c) The costs of travel for the child's judicial or case review.

(4) To claim reimbursement for Title IV-E administrative costs, each Title IV-E agency shall participate in the social service random moment study (SSRMS) as described in rule 5101:9-7-20 of the Administrative Code.

(H) Training costs are chargeable to Title IV-E. Training shall be related to child welfare services and charged in proportion to the percentage of Title IV-E eligible children. Reimbursement for training costs will be at the prevailing FFP. Training costs include:

(1) Salary.

(2) Travel to training.

(3) Per diem.

(4) Costs associated with a worker engaged in or preparing for training, either as a trainer for other agency staff or a trainee.

(I) A child receiving Title IV-E FCM reimbursements is eligible for Title XIX and Title XX services in the state he or she resides, regardless of whether it is the same state making the FCM reimbursement.

(J) A child for whom an FCM reimbursement is received shall be placed in the least restrictive, most family-like setting available and in close proximity to the parental home, consistent with the best interests and special needs of the child.

(K) The Title IV-E agency shall submit the following information to ODJFS:

(1) The "Children Services Statistical Report" in the statewide automated child welfare information system (SACWIS).

(2) The JFS 02820 "Children Services Quarterly Financial Statement" (rev. 10/2011) and if applicable, a JFS 02827 "CFIS Local Agency Quarterly Financial Statement" (rev. 10/2011).

(3) The JFS 01975 "Annual Foster Care Maintenance and Adoption Assistance Survey" (rev. 2/2007) by March first of each year.

(a) The JFS 01975 shall be certified as true and correct by the director or executive secretary, as appropriate, of the agency.

(b) The Title IV-E agency shall keep ODJFS advised of any changes in these rates through the submission of a revised JFS 01975.

(L) If the Title IV-E agency fails to comply with paragraphs (G), (H) and (K) of this rule, then compensation for Title IV-E administrative and training reimbursement will be decreased or delayed.

(M) Cost reporting and reimbursement procedures contained in Chapters 5101:9-7 and 5101:2-47 of the Administrative Code shall apply with regard to the Title IV-E program. Expenditures are subject to audit and audit findings. Findings due to agency error will result in recovery of funds against the agency.

(N) The JFS 02911 "Title IV-E Single Cost Report" (rev. 7/2013) is subject to audit and audit findings whether submitted by public or private agencies. Any overpayment or underpayment of federal funds to the Title IV-E agency due to adjustments of cost report amounts as a result of an audit, shall be recovered or paid to the Title IV-E agency utilizing the public or private agency's services.

Effective: 05/01/2014
R.C. 119.032 review dates: 01/23/2014 and 05/01/2019
Promulgated Under: 119.03
Statutory Authority: 5101.11, 5101.141, 5153.166, 5103.03
Rule Amplifies: 5101.11, 5101.141, 5153.166, 5103.03
Prior Effective Dates: 1/1/83, 1/4/83, 9/30/85 (Emer.)12/22/85, 4/1/86 (Emer.), 7/1/86, 9/10/86 (Emer.), 11/16/86, 7/2/87, 4/15/88 (Emer.), 7/11/88, 9/1/88, 9/1/92, 3/20/93, 5/1/98, 9/1/03, 7/1/04, 9/1/09