Current through all regulations passed and filed through December 11, 2023
(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.
Effective:
10/1/2021
Five Year Review (FYR) Dates:
4/9/2021 and
10/01/2026
Promulgated
Under:
119.03
Statutory Authority:
5153.166,
5101.141
Rule Amplifies:
5153.16,
5101.141
Prior Effective Dates: 01/01/1983, 04/01/1986 (Emer.), 07/01/1986,
07/02/1987, 09/01/1988, 01/01/1989, 05/01/1998, 09/07/2000, 02/15/2002,
12/01/2003, 08/25/2008, 08/20/2011, 06/01/2013, 06/23/2018,
05/01/2019