2006 Ohio Revised Code - [5101.14.1] 5101.141.County payments to children eligible for foster care maintenance; federal financial participation.

[§ 5101.14.1] § 5101.141. County payments to children eligible for foster care maintenance; federal financial participation.
 

(A)  As used in sections 5101.141 to 5101.1410 [5101.14.1 to 5101.14.10] of the Revised Code, "Title IV-E" means Title IV-E of the "Social Security Act," 94 Stat. 501, 42 U.S.C. 670 (1980), as amended. 

(B)  The department of job and family services shall act as the single state agency to administer federal payments for foster care and adoption assistance made pursuant to Title IV-E. The director of job and family services shall adopt rules to implement this authority. Rules governing financial and administrative requirements applicable to public children services agencies and government entities that provide Title IV-E reimbursable placement services to children shall be adopted in accordance with section 111.15 of the Revised Code, as if they were internal management rules. Rules governing requirements applicable to private child placing agencies and private noncustodial agencies and rules establishing eligibility, program participation, and other requirements concerning Title IV-E shall be adopted in accordance with Chapter 119. of the Revised Code. A public children services agency to which the department distributes Title IV-E funds shall administer the funds in accordance with those rules. 

(C) (1)  The county, on behalf of each child eligible for foster care maintenance payments under Title IV-E, shall make payments to cover the cost of providing all of the following: 

(a) The child's food, clothing, shelter, daily supervision, and school supplies; 

(b) The child's personal incidentals; 

(c) Reasonable travel to the child's home for visitation. 

(2) In addition to payments made under division (C)(1) of this section, the county may, on behalf of each child eligible for foster care maintenance payments under Title IV-E, make payments to cover the cost of providing the following: 

(a) Liability insurance with respect to the child; 

(b) If the county is participating in the demonstration project established under division (A) of section 5101.142 [5101.14.2] of the Revised Code, services provided under the project. 

(3) With respect to a child who is in a child-care institution, including any type of group home designed for the care of children or any privately operated program consisting of two or more certified foster homes operated by a common administrative unit, the foster care maintenance payments made by the county on behalf of the child shall include the reasonable cost of the administration and operation of the institution, group home, or program, as necessary to provide the items described in divisions (C)(1) and (2) of this section. 

(D)  To the extent that either foster care maintenance payments under division (C) of this section or Title IV-E adoption assistance payments for maintenance costs require the expenditure of county funds, the board of county commissioners shall report the nature and amount of each expenditure of county funds to the department. 

(E)  The department shall distribute to public children services agencies that incur and report such expenditures federal financial participation received for administrative and training costs incurred in the operation of foster care maintenance and adoption assistance programs. The department may withhold not more than three per cent of the federal financial participation received. The funds withheld may be used only to fund the Ohio child welfare training program established under section 5103.30 of the Revised Code and the university partnership program for college and university students majoring in social work who have committed to work for a public children services agency upon graduation. The funds withheld shall be in addition to any administration and training cost for which the department is reimbursed through its own cost allocation plan. 

(F)  All federal financial participation funds received by a county pursuant to this section shall be deposited into the county's children services fund created pursuant to section 5101.144 [5101.14.4] of the Revised Code. 

(G)  The department shall periodically publish and distribute the maximum amounts that the department will reimburse public children services agencies for making payments on behalf of children eligible for foster care maintenance payments. 

(H)  The department, by and through its director, is hereby authorized to develop, participate in the development of, negotiate, and enter into one or more interstate compacts on behalf of this state with agencies of any other states, for the provision of medical assistance and other social services to children in relation to whom all of the following apply: 

(1) They have special needs. 

(2) This state or another state that is a party to the interstate compact is providing adoption assistance on their behalf. 

(3) They move into this state from another state or move out of this state to another state. 
 

HISTORY: 139 v H 694 (Eff 11-15-81); 142 v H 708 (Eff 4-19-88); 142 v S 89 (Eff 1-1-89); 144 v H 298 (Eff 7-26-91); 144 v S 359 (Eff 12-22-92); 145 v H 152 (Eff 7-1-93); 147 v H 215 (Eff 6-30-97, 9-29-97Å); 147 v H 408 (Eff 10-1-97); 147 v H 484 (Eff 3-18-99); 148 v H 471 (Eff 7-1-2000); 148 v H 448 (Eff 10-5-2000); 148 v H 332 (Eff 1-1-2001); 149 v H 94. Eff 9-5-2001; 150 v H 95, § 1, eff. 6-26-03; 151 v S 238, § 1, eff. 9-21-06.
 

The effective date is set by section 182 of H.B. 95 (150 v  - ). 

The provisions of § 232 of HB 215 (147 v  - ) read as follows: 

SECTION 232. (A) The amendments by this act to section 5101.141 of the Revised Code, except for the amendments to division (E) of the section, constitute items of law that are not subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1d and section 1.471 of the Revised Code, these items of law go into immediate effect when this act becomes law. 

(B) The amendments by this act to division (E) of section 5101.141 of the Revised Code constitute an item of law that is subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1c and section 1.471 of the Revised Code, this item of law takes effect on the ninety-first day after this act is filed with the Secretary of State. If, however, a referendum petition is filed against the item of law, the item of law, unless rejected at the referendum, takes effect at the earliest time permitted by law. 

The provisions of § 243 of HB 94 (149 v  - ) read as follows: 

SECTION 243. Section 5101.141 of the Revised Code is presented in this act as a composite of the section as amended by both Sub. H.B. 332 and Sub. H.B. 448 of the 123rd General Assembly. The General Assembly, applying the principle stated in division (B) of section 1.52 of the Revised Code that amendments are to be harmonized if reasonably capable of simultaneous operation, finds that the composite is the resulting version of the section in effect prior to the effective date of the section as presented in this act. 

 

Effect of Amendments

151 v S 238, effective September 21, 2006, corrected internal references. 

H.B. 95, Acts 2003, effective June 26, 2003, redesignated former (A) as (B), and redesignated the remaining subsections accordingly; added present (A); in present (B), deleted "of the 'Social Security Act,' 94 Stat. 501, 42 U.S.C.A. 670 (1980), as amended" following "IV-E," and "private child placing agencies" following "service agencies," substituted "Rules" for "rules," and "government entities that provide Title IV-E reimbursable placement services to children" for "private noncustodial agencies," inserted "as if they were internal management rules," "governing requirements applicable to private child placing agencies and private noncustodial agencies and rules," and "concerning Title IV-E"; deleted "of the 'Social Security Act'" following "IV-E" in the introductory paragraph of present (C)(1); in present (C)(2), substituted "(C)(1)" for "(B)(1)," and deleted "of the "Social Security Act'" following "IV-E"; substituted "(C)(1)" for "(B)(1)" in (C)(3); and substituted "(C)" for "(B)" in (D).