Current through all regulations passed and filed through September 16, 2024
(A) The primary objectives of the FCM program
are:
(1) To reduce the number of children
removed and placed 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 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
is to be determined from data collected by ODJFS in
accordance with 45 C.F.R.
1355.40.
(2) This goal will be achieved by periodic
monitoring and evaluation by ODJFS of Title IV-E agency case records and
reports, with full realization no child eligible to receive assistance under
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 FCM is a direct
responsibility of the Title IV-E agency. The Title IV-E agency having
responsibility for the placement and care/custody of the child
is to:
(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
are to
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
necessary, which include, but
are not limited to social security benefit
programs, 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
are to be
concurrently achieved before 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
the child entered placement, as
referenced 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
prerequisites set forth in rules 5101:2-47-13,
5101:2-47-16,
5101:2-47-21 and
5101:2-47-22 of the
Administrative Code.
(E)
Reimbursements for FCM
are to 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 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
its care and Title IV-E administrative and training costs.
(1) Title IV-E administrative costs are
subject to rule
5101:9-6-28 of the
Administrative Code. Administrative costs charged to Title IV-E
are not
to be charged concurrently to another federal
program. Reimbursement
is to 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) For
six-months of aftercare services when a child is discharged from a qualified
residential treatment program (QRTP) as described in rule
5101:2-47-21 of the
Administrative Code.
(4)
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.
(5) To claim reimbursement for Title IV-E
administrative costs, each Title IV-E agency
is to
participate in the social service random moment sample (SSRMS) and child
welfare random moment sample (CWRMS) time studies as described in rule
5101:9-7-20 of the
Administrative Code.
(H)
Training costs are chargeable to Title IV-E. Training
is to
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 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
is to 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
is to submit the following information to ODJFS:
(1) The "Children Services Statistical
Report" in the Ohio statewide automated child
welfare information system (Ohio
SACWIS).
(2) The JFS 02820
"Children Services Quarterly Financial Statement" and if applicable, a JFS
02827 "CFIS Local Agency Quarterly Financial Statement".
(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) The Title IV-E agency
is to
review
and
update data in
Ohio
SACWIS for all foster care
maintenance per diems by the end of the state fiscal year (June thirtieth). The
data in Ohio SACWIS will be considered in
establishing statewide foster care maintenance reimbursement ceilings and
maximums effective the beginning of the following federal fiscal year (FFY)
which begins on October first each year.
(N) Cost reporting and reimbursement
procedures contained in Chapters 5101:9-7 and 5101:2-47 of the Administrative
Code 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.
(O) The JFS 02911 "Title
IV-E Single Cost Report" 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,
is to be recovered or paid to the Title IV-E
agency utilizing the public or private agency's services.
(P)
The Title IV-E
agency is to annually review the amount made to a licensed or certified
relative or kinship foster family home to confirm it is the same amount that
would have been made if the child was placed in a licensed or certified
non-relative foster family home.
