Ohio Administrative Code|Rule 5101:2-47-13 | Title IV-E foster care maintenance (FCM) program eligibility: Legal responsibility requirements.

                                                
(A) "Legal responsibility"
		  means that for the care of the child under the FCM program, the Title IV-E
		  agency has legal responsibility for the care and placement/custody of the
		  child. This can be established through a court order, a JFS 01645
		  "Agreement for Temporary Custody of Child" or a JFS 01666
		  "Permanent Surrender of Child." 
(B) If legal responsibility is
		  established through court action, the Title IV-E agency must obtain from the
		  appropriate juvenile court an order:
(1) Removing the child
			 from the home of a specified relative as defined in rule 5101:2-47-14 of the
			 Administrative Code; or
(2) Removing the child,
			 who is a candidate for Title IV-E prevention services, from a parent(s) showing
			 the child has been living with a kinship caregiver, as defined in section
			 5101.85 of the Revised Code, for more than six months prior to the
			 removal.
(C) The court order giving the agency
		  legal responsibility for the child's care and placement/custody may be one
		  of the following: 
(1) An ex parte emergency
			 court order as defined in rule 5101:2-1-01 of the Administrative Code.
			 
(2) Temporary custody as
			 defined in rule 5101:2-1-01 of the Administrative Code. 
(3) Permanent custody as
			 defined in rule 5101:2-1-01 of the Administrative Code. 
(4) A planned permanent
			 living arrangement order as defined in rule 5101:2-1-01 of the Administrative
			 Code. 
(D) If the Title IV-E agency's legal responsibility
		  for care and placement/custody is obtained by a court order, the order leading
		  to the removal of the child from the home of a specified relative must contain
		  a judicial determination to the effect that continuation in the home would be
		  contrary to the welfare, or that the placement is in the best interest of the
		  child. 
(E) In situations where a child is in a
		  detention facility at the time the legal responsibility is directly ordered to
		  the Title IV-E agency that begins the removal episode, the court order placing
		  the child into detention or the warrant will serve as the initial court order
		  that removed the child from the specified relative. 
(F) If the judicial determination that
		  continuation in the home would be contrary to the welfare, or that the
		  placement is in the best interest of the child is not obtained, the child will
		  not be FCM program eligible or reimbursable for this custody episode.
		  
(G) If the Title IV-E agency's responsibility for care
		  and placement/custody is obtained by a court order, a judicial determination of
		  reasonable efforts, as described in rule 5101:2-47-22 of the Administrative
		  Code, by a juvenile court of competent jurisdiction shall be obtained no later
		  than sixty days from the date the child is removed from the home of a specified
		  relative. If this determination is not obtained by the sixtieth day, the child
		  will not be FCM program eligible or reimbursable for this custody
		  episode.
(H) For all children who entered care as the result of a
		  JFS 01645, the JFS 01645 must be executed in accordance with rules 5101:2-42-06
		  and 5101:2-42-08 of the Administrative Code. A judicial determination
		  specifying that the placement is in the best interest of the child must be
		  obtained when the Title IV-E agency requests an original thirty-day extension
		  of the JFS 01645 pursuant to rule 5101:2-42-08 of the Administrative Code. If
		  the best interest judicial determination is not obtained when an original
		  thirty-day extension is requested, the child will not be FCM program eligible
		  or reimbursable after thirty days, unless prior to the thirty days elapsing the
		  Title IV-E agency obtains the following:
(1)  A court order for
			 care and placement/custody. Under this circumstance the agency must obtain the
			 best interest determination in the court order giving continued custody to the
			 agency. 
(2)  A JFS 01666. Under
			 this circumstance, the signed, court approved JFS 01666 must contain the best
			 interest determination. 
(I) A JFS 01666 signed by the parent(s) is acceptable as a
		  voluntary placement agreement for FCM program eligibility purposes if it is the
		  event which initially leads to the Title IV-E agency having legal
		  responsibility for the child's care and placement/custody. In such cases,
		  by the one hundred eightieth day from the date of placement, the Title IV-E
		  agency must:
(1) Petition the court
			 for a judicial determination to the effect that continuation in the home of the
			 specified relative is contrary to the welfare or that the placement is in the
			 best interest of the child; and 
(2) Obtain the judicial
			 determination of reasonable efforts, as described in rule 5101:2-47-22 of the
			 Administrative Code.
(J) The judicial determinations required in this rule must
		  be explicitly documented and made on a case by case basis and so stated in the
		  court order. If the reasonable efforts or contrary to the welfare judicial
		  determinations are not included as required in the court order, a transcript of
		  the court proceedings is the only other documentation that will be accepted to
		  verify that these required determinations have been made. An affidavit,
		  amendment or a nunc pro tunc order will not be accepted as verification
		  documentation of these judicial determinations.


Last updated October 1, 2021 at 8:42 AM