Current through all regulations passed and filed through December 11, 2023
(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 shall 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 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 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 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 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,
5101:2-47-21 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 its 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)
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 shall
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 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 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" 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 should
review/update in the statewide automated child welfare information system
(SACWIS) for all foster care maintenance per diems by the end of the state
fiscal year (June thirtieth). The data in 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 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.
(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, shall be recovered
or paid to the Title IV-E agency utilizing the public or private agency's
services.
Effective:
10/1/2021
Five Year Review (FYR) Dates:
4/9/2021 and
10/01/2026
Promulgated
Under:
119.03
Statutory Authority:
5101.11,
5101.141,
5153.166,
5103.03
Rule Amplifies:
5101.11,
5101.141,
5153.16,
5103.03
Prior Effective Dates: 01/01/1983, 01/04/1983, 09/30/1985 (Emer.),
12/22/1985, 04/01/1986 (Emer.), 07/01/1986, 09/10/1986 (Emer.), 11/16/1986,
07/02/1987, 04/15/1988 (Emer.), 07/11/1988, 09/01/1988, 09/01/1992, 03/20/1993,
05/01/1998, 09/01/2003, 07/01/2004, 09/01/2009, 05/01/2014,
05/01/2019
