Section 5101:2-47-16 - Title IV-E foster care maintenance (FCM) program: Reimbursable placement settings(A) FCM reimbursements may be claimed if the FCM eligible child is placed in one of the following placement settings which is licensed, certified or approved, as appropriate, by the Ohio department of job and family services (ODJFS) or another state agency with such licensure, certification or approval authority: (1) Foster home, including a relative home licensed as a foster home or a pre-adoptive licensed foster home in which the child continues to receive FCM reimbursements. FCM reimbursements may be claimed from the date the foster home or relative home licensed as a foster home or pre-adoptive licensed foster home satisfies all of the requirements for certification to the date on which the certificate is actually issued, not to exceed sixty days.(2) Private nonprofit, private for-profit or public group home. As long as the child was placed into the group home was prior to October 1, 2021. Reimbursement ends upon discharge after October 1, 2021. Reimbursement is available for children placed into a group home after October 1, 2021 for up to fourteen days while the placement setting is working towards becoming a qualified residential treatment program (QRTP). (3) Private nonprofit or private for-profit children's residential center (CRC). As long as the child was placed into the CRC prior to October 1, 2021. Reimbursement ends upon discharge after October 1, 2021. Reimbursement is available for children placed into a CRC after October 1, 2021 for up to fourteen days while the setting is working towards becoming a QRTP.(4) Public CRC which accommodates no more than twenty-five children. As long as the child was placed into the CRC prior to October 1,2021. Reimbursement ends upon discharge after October 1, 2021. Reimbursement is available for children placed into a CRC after October 1, 2021 for up to fourteen days while the setting is working towards becoming a QRTP. (5) Private foster care from a private child placing agency (PCPA), private noncustodial agency (PNA) or another public children services agency (PCSA).(6) With a parent in a substance use disorder (SUD) residential facility, as defined in rule 5101:2-1-01 of the Administrative Code.(7) Qualified residential treatment program (QRTP), as defined in rule 5101:2-9-42 of the Administrative Code. A public QRTP cannot accommodate more than twenty-five children. (B) A child may be on a temporary leave from a foster home to another foster home without constituting a move, when all of the following are met: (1) The foster home is licensed at the same level of care as the current foster home.(2) The temporary leave is more than twenty-four hours but for no more than fourteen days.(3) The child returns to the original foster home by the end of the fourteenth day.(4) The child may be in only one temporary leave type during a fourteen day period to be reimbursable without returning to the original foster home before beginning another temporary leave.(5) A child on leave longer than fourteen days will constitute as a placement move.(C) FCM reimbursement may be claimed for payments made to the provider to hold a bed if the following are met:(1) The child shall be physically placed into the setting prior to the leave.(2) The bed shall be available while being held for the child's return.(3) The leave does not exceed fourteen calendar days.(4) The child returns to the same placement as he or she was placed into prior to the leave.(5) The child shall be in one of the following types of leave:(a) Absence without leave (AWOL).(c) Trial home visit (for the purpose of reunification).(d) Parental, relative or non-relative visit .(e) Camp (eg. boy/girl scout camp, 4H camp, band camp, church camp, sports camp).(f) Vacation (child only).(D) Reimbursable placement facilities located outside of Ohio are limited to the types of homes and a QRTP described in paragraph (A) of this rule which are licensed, certified or approved by the agency responsible for the licensing, certification or approval of such facilities in the state where the placement facility is located. Placements outside of Ohio must be made in accordance with rules contained in Chapter 5101:2-52 of the Administrative Code.(E) Children who are otherwise FCM program eligible are not program reimbursable during their period of residence in the following placement settings or placement categories: (1) Court-ordered placements with a specific foster care provider. This does not include a court-ordered placement where the Title IV-E court has legal responsibility for the care and placement of the child or a court-ordered placement where the court followed or considered the recommendation of the Title IV-E agency for placement and was so noted in the court order.(2) Detention facilities, forestry camps, training schools, or other locked facilities operated primarily for the detention of children who are determined to be delinquent.(3) AWOL, hospital or leave except as described in paragraph (B) of this rule.(4) A home or facility including a pre-adoptive home not licensed, approved or certified or a pre- adoptive home licensed as a foster home in which the child does not continue to receive Title IV-E FCM payments.(5) A relative home neither licensed, certified or approved nor in the process of licensure, certification or approval as a foster home.Ohio Admin. Code 5101:2-47-16
Effective: 10/1/2021
Five Year Review (FYR) Dates: 4/9/2021 and 10/01/2026
Promulgated Under: 119.03
Statutory Authority: 5103.03, 5101.141
Rule Amplifies: 5103.03, 5101.141
Prior Effective Dates: 01/01/1983, 04/01/1986 (Emer.), 07/01/1986, 07/02/1987, 09/01/1988, 05/01/1998, 06/13/2000 (Emer.), 09/07/2000, 12/01/2003, 08/25/2008, 08/20/2011, 05/01/2014, 05/01/2019, 10/29/2020