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To amend section 5101.141 and to enact section | 1 |
5101.1411 of the Revised Code to extend the age | 2 |
for which a person is eligible for federal | 3 |
payments for foster care under Title IV-E to age | 4 |
twenty-one. | 5 |
Section 1. That section 5101.141 be amended and section | 6 |
5101.1411 of the Revised Code be enacted to read as follows: | 7 |
Sec. 5101.141. (A) As used in sections 5101.141 to | 8 |
5101.1411 of the Revised Code, "Title IV-E" means Title IV-E of | 9 |
the "Social Security Act," 94 Stat. 501, 42 U.S.C. 670 (1980), as | 10 |
amended. | 11 |
(B) The department of job and family services shall act as | 12 |
the single state agency to administer federal payments for foster | 13 |
care and adoption assistance made pursuant to Title IV-E. The | 14 |
director of job and family services shall adopt rules to implement | 15 |
this authority. Rules governing financial and administrative | 16 |
requirements applicable to public children services agencies and | 17 |
government entities that provide Title IV-E reimbursable placement | 18 |
services to children shall be adopted in accordance with section | 19 |
111.15 of the Revised Code, as if they were internal management | 20 |
rules. Rules governing requirements applicable to private child | 21 |
placing agencies and private noncustodial agencies and rules | 22 |
establishing eligibility, program participation, and other | 23 |
requirements concerning Title IV-E shall be adopted in accordance | 24 |
with Chapter 119. of the Revised Code. A public children services | 25 |
agency to which the department distributes Title IV-E funds shall | 26 |
administer the funds in accordance with those rules. | 27 |
(C)(1) The county, on behalf of each child eligible for | 28 |
foster care maintenance payments under Title IV-E, shall make | 29 |
payments to cover the cost of providing all of the following: | 30 |
(a) The child's food, clothing, shelter, daily supervision, | 31 |
and school supplies; | 32 |
(b) The child's personal incidentals; | 33 |
(c) Reasonable travel to the child's home for visitation. | 34 |
(2) In addition to payments made under division (C)(1) of | 35 |
this section, the county may, on behalf of each child eligible for | 36 |
foster care maintenance payments under Title IV-E, make payments | 37 |
to cover the cost of providing the following: | 38 |
(a) Liability insurance with respect to the child; | 39 |
(b) If the county is participating in the demonstration | 40 |
project established under division (A) of section 5101.142 of the | 41 |
Revised Code, services provided under the project. | 42 |
(3) With respect to a child who is in a child-care | 43 |
institution, including any type of group home designed for the | 44 |
care of children or any privately operated program consisting of | 45 |
two or more certified foster homes operated by a common | 46 |
administrative unit, the foster care maintenance payments made by | 47 |
the county on behalf of the child shall include the reasonable | 48 |
cost of the administration and operation of the institution, group | 49 |
home, or program, as necessary to provide the items described in | 50 |
divisions (C)(1) and (2) of this section. | 51 |
(D) To the extent that either foster care maintenance | 52 |
payments under division (C) of this section or Title IV-E adoption | 53 |
assistance payments for maintenance costs require the expenditure | 54 |
of county funds, the board of county commissioners shall report | 55 |
the nature and amount of each expenditure of county funds to the | 56 |
department. | 57 |
(E) The department shall distribute to public children | 58 |
services agencies that incur and report expenditures of the type | 59 |
described in division (D) of this section federal financial | 60 |
participation received for administrative and training costs | 61 |
incurred in the operation of foster care maintenance and adoption | 62 |
assistance programs. The department may withhold not more than | 63 |
three per cent of the federal financial participation received. | 64 |
The funds withheld may be used only to fund the following: | 65 |
(1) The Ohio child welfare training program established under | 66 |
section 5103.30 of the Revised Code; | 67 |
(2) The university partnership program for college and | 68 |
university students majoring in social work who have committed to | 69 |
work for a public children services agency upon graduation; | 70 |
(3) Efforts supporting organizational excellence, including | 71 |
voluntary activities to be accredited by a nationally recognized | 72 |
accreditation organization. | 73 |
The funds withheld shall be in addition to any administration | 74 |
and training cost for which the department is reimbursed through | 75 |
its own cost allocation plan. | 76 |
(F) All federal financial participation funds received by a | 77 |
county pursuant to this section shall be deposited into the | 78 |
county's children services fund created pursuant to section | 79 |
5101.144 of the Revised Code. | 80 |
(G) The department shall periodically publish and distribute | 81 |
the maximum amounts that the department will reimburse public | 82 |
children services agencies for making payments on behalf of | 83 |
children eligible for foster care maintenance payments. | 84 |
(H) The department, by and through its director, is hereby | 85 |
authorized to develop, participate in the development of, | 86 |
negotiate, and enter into one or more interstate compacts on | 87 |
behalf of this state with agencies of any other states, for the | 88 |
provision of social services to children in relation to whom all | 89 |
of the following apply: | 90 |
(1) They have special needs. | 91 |
(2) This state or another state that is a party to the | 92 |
interstate compact is providing adoption assistance on their | 93 |
behalf. | 94 |
(3) They move into this state from another state or move out | 95 |
of this state to another state. | 96 |
Sec. 5101.1411. The director of job and family services shall | 97 |
submit an amendment to the state plan required by 42 U.S.C. 671 to | 98 |
the United States secretary of health and human services to | 99 |
implement 42 U.S.C. 675(8) to make federal payments for foster | 100 |
care under Title IV-E available to persons up to the age of | 101 |
twenty-one who also meet the requirements of that section. | 102 |
Section 2. That existing section 5101.141 of the Revised Code | 103 |
is hereby repealed. | 104 |