Current through all regulations passed and filed through September 16, 2024
(A) The FCM initial program eligibility shall
be determined in the statewide automated child welfare information system
(SACWIS) by the Title IV-E agency representative within sixty days of the time
the agency receives legal responsibility for the care and placement/custody of the child. If the eligibility
determination was made in error the FCM eligibility determination can be
corrected.
(B) FCM program
eligibility
remains for a child for whom the responsibility
for care and placement/custody has been
transferred from another public or private agency to the Title IV-E agency. FCM
program eligibility shall be determined once per
removal episode based on the original court order which removed the child
from a specified relative.
(C) A
child shall be considered FCM program eligible if, at the time the child enters
care:
(1) The Title IV-E agency has legal
responsibility for the care and placement/custody
of the child as described in rule
5101:2-47-13 of the
Administrative Code; and
(2) The
child met the aid to dependent children (ADC)-relatedness requirements as
described in rule
5101:2-47-14 of the
Administrative Code
except
when:
(a)
A
child's placement is with a parent in a substance use disorder (SUD)
residential facility, as defined in rule
5101:2-1-01 of the
Administrative Code, in which case ADC-relatedness is not
required.
(b)
A child who is a candidate for Title IV-E prevention
services as described in rule
5101:2-45-02 of the
Administrative Code is in the home of a kinship caregiver, as defined in
section 5101.85 of the Revised Code, for
more than six-months, the ADC requirement of living with a specified relative
within the last six months is not required.
(D) A Title IV-E agency may
complete a FCM eligibility determination in SACWIS later than sixty days of the
child's entry into the legal responsibility
for the care and
placement/custody of the agency if the Title IV-E
agency documents that there were extenuating circumstances preventing
completion within the sixty day period.
(E) Once FCM initial eligibility is
established, the child remains program eligible for the entire custody episode
through the end of the month of the child's eighteenth birthday. The following
exceptions may occur:
(1) FCM eligibility may
continue beyond his or her eighteenth birthday if there is documentation from
the educational provider that the child is a full-time student reasonably
expected to complete high school or equivalent level of vocational or technical
training prior to his or her nineteenth birthday.
(2) If the child, who was placed with a
parent in a SUD residential facility, is no longer placed with the parent and
is in any other placement type, eligibility that excluded ADC-relatedness shall
be reviewed for continuing eligibility.
(F) The child is no longer program eligible
for FCM when any of the following occur:
(1)
At the end of the month of the child's eighteenth birthday except as stated in
paragraph (E) of this rule.
(2) The
child entered care as a result of a JFS 01645 "Agreement for Temporary Custody
of Child" pursuant to rules
5101:2-42-06 and
5101:2-42-08 of the
Administrative Code and the agency failed to acquire a best interest statement
in accordance with rules
5101:2-42-08 and
5101:2-47-13 of the
Administrative Code from the juvenile court. Eligibility ends at the end of the
thirtieth day of the executed JFS 01645.
(3) The child entered care as a result of a
JFS 01666 "Permanent Surrender of Child" pursuant to rules
5101:2-42-09 and
5101:2-47-13 of the
Administrative Code and the agency failed to acquire a judicial determination
of best interest and reasonable efforts in accordance with rules 5101:2-39-01,
5101:2-47-13 and
5101:2-47-22 of the
Administrative Code. Eligibility ends at the end of the one hundred eightieth
day of the executed JFS 01666.
(4)
The Title IV-E agency's legal responsibility for the child ends. Eligibility
ends at the end of the day legal responsibility ends. Any subsequent removal of
the child from his home constitutes a new removal
episode and will require a new program eligibility determination in
accordance with this rule.
(5) The
child is no longer placed with a parent in a SUD residential facility, unless
the child meets the ADC-relatedness eligibility criteria.
(6) The child dies. Eligibility ends on the
date of death.
(G) A new
FCM eligibility determination in SACWIS shall be completed when any of the
following occur:
(1) The Title IV-E agency's
responsibility for the child terminates and the child reenters care through
court action or via a JFS 01645 or a JFS 01666 at a later date.
(2) A trial home visit exceeds six months and
has not been authorized by the court, or exceeds the time period the court has
deemed appropriate and the child is subsequently returned to foster care. The
month the child is returned to foster care is the month in which eligibility
shall be determined.
(3) A child
who was initially determined ineligible based on not meeting ADC-relatedness
and is now placed with a parent in SUD residential facility becomes program
eligible by excluding the ADC-
relatedness factors.
(H) FCM initial program reimbursability shall
be determined for a child who is FCM program eligible at the time the child
entered care. A FCM program eligible child shall be reimbursable when both of
the following apply:
(1) The child's countable
income is less than the cost of care paid by the agency.
(2) The child is placed in a setting which is
licensed, certified or approved, by ODJFS or another state agency with such
authority as outlined in rule
5101:2-47-16 of the
Administrative Code.
(I)
The child is no longer program reimbursable for FCM when any of the following
occur:
(1) Reasonable efforts to finalize the
permanency plan are not met in accordance with rule
5101:2-47-22 of the
Administrative Code.
(2) The child
is not placed in a setting that is licensed, certified or approved, as outlined
in rule
5101:2-47-16 of the
Administrative Code.
(J)
If a child is eligible for both supplemental security income (SSI) and FCM
benefits, the Title IV-E agency may choose to do one of the following based on
the child's cost of care:
(1) Receive both
benefits concurrently. If the Title IV-E agency chooses to receive both
benefits, the FCM payment (including both non-federal and federal dollars) is
considered income for the determination of SSI eligibility and reduces the
amount of the SSI payment dollar for dollar. If the FCM payment is in excess of
the SSI payment, the child will not receive a SSI payment.
(2) The Title IV-E agency may pay for the
placement cost with local (non-federal) dollars, which are not considered
income for SSI eligibility, and receive the SSI benefit for reimbursement of
the placement cost.
(K)
If the child receives any type of income or resources while in the legal
responsibility of care and placement /custody of
a Title IV-E agency, that income or resource shall be entered into
SACWIS.
