Current through all regulations passed and filed through September 16, 2024
(A)
Foster care maintenance (FCM) reimbursements and
independent living services as defined in Chapter 5101:2-42 of the
Administrative Code may be paid on behalf of a child who meets the definition
of a qualified non-citizen in rule
5101:2-1-01 of the
Administrative Code.
(B) A child
who is a qualified
non-citizen, and
placed in foster care shall be required
to live in the United States for five years before there is eligibility for FCM
or independent living services. Pursuant to section 403(a) of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), a
child, who is in one of the following categories, is exempted from the
residency requirement:
(1) A child placed with
a foster caregiver who is a United States citizen or a qualified
non-citizen.
(2)
A non-citizen admitted to the
United States as a refugee under section 207 of the Immigration and Nationality
Act (INA) (05/2005).
(3)
A
non-citizen who is granted asylum under section 208 of the INA.
(4)
A non-citizen whose deportation is
being withheld under the INA.
(5)
Cuban/Haitian entrants, as defined in section 501(e) of the Refugee Education
Assistance Act of 1980, Pub. L. No. 96-422.
(6) Amerasian immigrants admitted to the
United States pursuant to section 584 of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act of 1988, Pub. L. No.
100-202.
(7)
A parolee allowed into the United States under section
212(d)(5) of the INA (as in effect October 1, 2019) for a period of at least
one year.
(8)
A person granted conditional entry pursuant to section
203(a)(7) of the INA (as in effect prior to April 1, 1980).
(9)
A non-citizen or
the child or parent of a non-citizen who has been battered or subjected to
extreme cruelty in the U.S.
(10)
An Afghan or
Iraqi non-citizen granted special immigrant visa status under Section 8120 of
the December 19, 2009 Defense Appropriations Bill (Pub.
L. No. 111-118) and section 101(a)(27) of the INA
(as in effect October 1, 2019).
(C) In addition to meeting the requirements
of paragraph (B) of this rule, a child who is a qualified
non-citizen is eligible to receive Title IV-E FCM
payments if the following are met:
(1) The
child is disqualified under section 245A (H), 210 (F) or 210 (D)(7) of the INA
from meeting eligibility requirements for aid to dependent children (ADC)
program in effect on July 16, 1996, as defined in rule
5101:2-47-14.1 of the
Administrative Code:
(a) In the month in which
a JFS 01645 "Agreement for Temporary Custody of Child"
was entered into.
(b) In the month court proceedings leading to
the removal of the child from the home of a specified relative were
initiated.
(2) The child
meets all other eligibility requirements of Chapter 5101:2-47 of the
Administrative Code.
(D)
A
non-citizen who meets the definition of a qualified
non-citizen in rule
5101:2-1-01 of the
Administrative Code, is eligible to become a foster caregiver and receive Title
IV-E FCM or independent living services for an eligible child.
(E) A child who is a
qualified
non-citizen and is eligible for Title IV-E FCM shall
be eligible for Title XIX medicaid coverage.
(F) Citizenship or
immigration status must be verified in the following cases:
(1) For all children in receipt of Title IV-E
FCM payments or independent living services.
(2) For the foster caregiver with whom the
qualified
non-citizen child is placed.
