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H. B. No. 423 As IntroducedAs Introduced
|130th General Assembly|
Representatives Milkovich, Wachtmann
Representatives Foley, Antonio, Blair, Bishoff, Barnes, Smith, Grossman, Fedor, Reece, Stebelton
To amend section 5101.141 and to enact section
5101.1411 of the Revised Code to extend the age
for which a person is eligible for federal
payments for foster care under Title IV-E to age
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 5101.141 be amended and section
5101.1411 of the Revised Code be enacted to read as follows:
Sec. 5101.141. (A) As used in sections 5101.141 to
5101.1411 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
(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 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
(E) The department shall distribute to public children
services agencies that incur and report expenditures of the type
described in division (D) of this section 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 following:
(1) The Ohio child welfare training program established under
section 5103.30 of the Revised Code;
(2) 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;
(3) Efforts supporting organizational excellence, including
voluntary activities to be accredited by a nationally recognized
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 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 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
(3) They move into this state from another state or move out
of this state to another state.
Sec. 5101.1411. The director of job and family services shall
submit an amendment to the state plan required by 42 U.S.C. 671 to
the United States secretary of health and human services to
implement 42 U.S.C. 675(8) to make federal payments for foster
care under Title IV-E available to persons up to the age of
twenty-one who also meet the requirements of that section.
Section 2. That existing section 5101.141 of the Revised Code
is hereby repealed.