Ohio Revised Code
Chapter 5101 | Department of Job and Family Services- General Provisions
Section 5101.141 | Administering Federal Payments for Foster Care and Adoption Assistance.

Effective: September 30, 2021
Latest Legislation: House Bill 110 - 134th General Assembly
(A) As used in sections 5101.141 to 5101.1417 of the Revised Code:
(1) "Adopted young adult" means a person:
(a) Who was in the temporary or permanent custody of a public children services agency;
(b) Who was adopted at the age of sixteen or seventeen and attained the age of sixteen before a Title IV-E adoption assistance agreement became effective;
(c) Who has attained the age of eighteen; and
(d) Who has not yet attained the age of twenty-one.
(2) "Child" means any of the following:
(a) A person who meets the requirements of division (B)(3) of section 5153.01 of the Revised Code;
(b) An adopted young adult;
(c) An emancipated young adult.
(3) "Emancipated young adult" means a person:
(a) Who was in the temporary or permanent custody of a public children services agency, a planned permanent living arrangement, or in the Title-IV-E-eligible care and placement responsibility of a juvenile court or other governmental agency that provides Title IV-E reimbursable placement services;
(b) Whose custody, arrangement, or care and placement was terminated on or after the person's eighteenth birthday; and
(c) Who has not yet attained the age of twenty-one.
(4) "Kinship guardianship young adult" means an individual that meets the following criteria:
(a) Was in the temporary or permanent custody of a public children services agency or a planned permanent living arrangement prior to the commitment described in division (A)(4)(b) of this section;
(b) Was committed to the legal custody or legal guardianship of a kinship caregiver at the age of sixteen or seventeen and attained the age of sixteen before a Title IV-E kinship guardianship assistance agreement became effective;
(c) Has attained the age of eighteen;
(d) Has not yet attained the age of twenty-one.
(5) "Relative" means, with respect to a child, any of the following who is eighteen years of age or older:
(a) The following individuals related by blood or adoption to the child:
(i) Grandparents, including grandparents with the prefix "great," "great-great," or "great-great-great";
(ii) Siblings;
(iii) Aunts, uncles, nephews, and nieces, including such relatives with the prefix "great," "great-great," "grand," or "great-grand";
(iv) First cousins and first cousins once removed.
(b) Stepparents and stepsiblings of the child;
(c) Spouses and former spouses of individuals named in divisions (A)(5)(a) and (b) of this section;
(d) A legal guardian of the child;
(e) A legal custodian of the child;
(f) Any nonrelative adult that has a familiar and long-standing relationship or bond with the child or the family, which relationship or bond will ensure the child's social ties.
(6) "Representative" means a person with whom the department of job and family services has entered into a contract, pursuant to division (B)(2)(b) of this section.
(7) "Title IV-E" means Title IV-E of the "Social Security Act," 94 Stat. 501, 42 U.S.C. 670 (1980), as amended.
(B)(1) Except as provided in divisions (B)(2), (3), and (4) of this section, the department of job and family services shall act as the single state agency to administer federal payments for foster care, kinship guardianship assistance, 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.
(2) If the state plan is amended under divisions (A) and (B) of section 5101.1411 of the Revised Code, both of the following shall apply:
(a) Implementation of the amendments to the plan shall begin fifteen months after September 13, 2016, the effective date of H.B. 50 of the 131st general assembly, if both of the following apply:
(i) The plan as amended is approved by the secretary of health and human services;
(ii) The general assembly has appropriated sufficient funds to operate the program required under the plan as amended.
(b) The department shall have, exercise, and perform all new duties required under the plan as amended. In doing so, the department may contract with another person to carry out those new duties, to the extent permitted under Title IV-E.
(3) If the state plan is amended under division (C) of section 5101.1411 of the Revised Code, both of the following apply:
(a) Implementation of the amendments to the plan shall begin fifteen months after the effective date of this section September 30, 2021, if both of the following apply:
(i) The plan as amended is approved by the secretary of health and human services.
(ii) The general assembly has appropriated sufficient funds to operate the program required under the plan as amended.
(b) The department shall perform all new duties required under the amended plan. In doing so, the department may contract with another person to carry out those new duties, to the extent permitted under Title IV-E.
(4) If the state plan is amended under section 5101.1416 of the Revised Code, and is approved by the secretary of health and human services, implementation of the amendments to the plan shall begin fifteen months after the effective date of this section September 30, 2021.
(C)(1) Except with regard to the new duties imposed on the department or its contractor under divisions (B)(2)(b) and (B)(3)(b) of this section that are not imposed on the county, 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, Title IV-E kinship guardianship assistance, 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 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, kinship guardianship assistance, 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 accreditation organization.
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 kinship guardianship assistance or adoption assistance on their behalf.
(3) They move into this state from another state or move out of this state to another state.
Last updated August 24, 2021 at 2:31 PM

Structure Ohio Revised Code

Ohio Revised Code

Title 51 | Public Welfare

Chapter 5101 | Department of Job and Family Services- General Provisions

Section 5101.01 | Referring to Department or Director of Public Welfare or Human Services; References to County Department of Job and Family Services; References to Board of County Commissioners.

Section 5101.02 | Authority of Director of Job and Family Services.

Section 5101.03 | Assistant Directors - Powers and Duties.

Section 5101.04 | Contract With Commercial Consumer Reporting Agency.

Section 5101.041 | Data Matching Agreements.

Section 5101.05 | Appointing Employees.

Section 5101.051 | Filling Positions With Peculiar and Exceptional Qualifications.

Section 5101.06 | Establishing Work Units.

Section 5101.061 | Office of Human Services Innovation.

Section 5101.07 | Support Services Federal Operating Fund.

Section 5101.071 | Support Services State Operating Fund.

Section 5101.072 | Human Services Projects Fund.

Section 5101.073 | Odjfs General Services Administration and Operating Fund.

Section 5101.074 | Disposition of Refunds.

Section 5101.08 | Fidelity Bonds.

Section 5101.09 | Adopting Rules.

Section 5101.10 | Expending Funds.

Section 5101.101 | Order of Priority for Distribution of Funds for Family Planning Services.

Section 5101.11 | Seeking Federal Financial Participation for Costs Incurred by Entity Implementing Program Administered by Department.

Section 5101.111 | Foundation Grant Fund.

Section 5101.12 | Maximizing Receipt of Federal Revenue.

Section 5101.13 | Uniform Statewide Automated Child Welfare Information System.

Section 5101.131 | Child Welfare System Information Confidential.

Section 5101.132 | Access to Child Welfare System Information.

Section 5101.133 | Use and Disclosure of System Information Restricted.

Section 5101.134 | Rules Governing Private Agency Use of System Information.

Section 5101.135 | Shaken Baby Syndrome Notation in Child Abuse Report.

Section 5101.14 | Payments to Counties for Part of Their Costs for Children Services.

Section 5101.141 | Administering Federal Payments for Foster Care and Adoption Assistance.

Section 5101.142 | Conducting Demonstration Project Expanding Eligibility for and Services Provided Under Title Iv-E.

Section 5101.143 | State Adoption Assistance Loan Fund.

Section 5101.144 | Children Services Fund.

Section 5101.145 | Rules Concerning Financial Requirements Applicable to Public Children Services, Private Child Placing, and Private Noncustodial Agencies.

Section 5101.146 | Establishing Penalties for Noncompliance With Fiscal Accountability Procedures.

Section 5101.147 | Notification of Agency's Noncompliance With Fiscal Accountability Procedures.

Section 5101.148 | No Unnecessarily Removal of Children From Certified Foster Homes.

Section 5101.149 | Prohibiting Personal Loans.

Section 5101.1410 | Certifying a Claim.

Section 5101.1411 | Federal Payments for Foster Care and Adoption Assistance.

Section 5101.1412 | Voluntary Participation Agreement for Child's Care and Placement.

Section 5101.1413 | Payment of Nonfederal Share.

Section 5101.1414 | Adoption of Rules.

Section 5101.1415 | Person Eligible for Temporary or Permanent Custody Until Age Twenty-One.

Section 5101.1416 | Kinship Guardianship Assistance.

Section 5101.1417 | Rules to Carry Out Federal Foster Care, Adoption, and Kinship Guardian Assistance.

Section 5101.1418 | Post-Adoption Special Services Subsidy Payments.

Section 5101.15 | Schedule of Reimbursement.

Section 5101.16 | Paying County Share of Public Assistance Expenditures.

Section 5101.161 | Public Assistance Fund.

Section 5101.162 | Reimbursing County Expenditures for County Administration of Food Stamps or Medicaid.

Section 5101.163 | Increase in County Share of Public Assistance Expenditures.

Section 5101.17 | Payments Made Under Economic Opportunity Act Not Regarded as Income or Resources.

Section 5101.18 | Determining What Payments Shall Be Regarded or Disregarded as Income in Determining Aid.

Section 5101.181 | Matching Agency Records to Determine Overpayment of Public Assistance.

Section 5101.182 | Matching Income Tax Returns to Determine Overpayment of Public Assistance.

Section 5101.183 | Rules Regarding Recovering Cost of Social Services Provided or Diverted to Ineligible Persons.

Section 5101.184 | Collecting Overpayments of Assistance From State and Federal Income Tax Refunds.

Section 5101.20 | Grant Agreements for Workforce Development Activities.

Section 5101.201 | Agreements With One-Stop Operators and Partners Implementing Workforce Innovation and Opportunity Act.

Section 5101.21 | Written Grant Agreements Between Director and County.

Section 5101.211 | Written Agreements With State Agency, University or College or Private or Government Entity.

Section 5101.212 | Duty of Religious Organization Contracting With Department.

Section 5101.214 | Agreements to Enhance County Family Services Duties and Workforce Development Activities.

Section 5101.215 | Agreements With Religious Organization.

Section 5101.216 | Written Operational Agreements With County for Family Service Duties.

Section 5101.22 | Establishing Performance and Administrative Standards for County Agencies.

Section 5101.221 | County Family Services Agency Corrective Action Plan.

Section 5101.222 | Administrative Rules.

Section 5101.23 | Providing Incentive Awards to County Agencies.

Section 5101.24 | Actions for Failure to Meet Performance Standards.

Section 5101.241 | Actions for Noncompliance With Workforce Development Activity Standards or Requirements.

Section 5101.242 | Certification of Claim to Recover Funds.

Section 5101.243 | Administrative Rules.

Section 5101.244 | Adjustment to Recover Expenditures Exceeding Allowable Amount.

Section 5101.25 | Developing Annual Training Goals and Model Training Curriculum.

Section 5101.26 | Disclosure of Information Definitions.

Section 5101.27 | Restricting Disclosure of Information Regarding Public Assistance Recipients.

Section 5101.272 | Authorization Form.

Section 5101.273 | Membership in the Public Assistance Reporting Information System.

Section 5101.28 | Written Agreements With Law Enforcement Agencies to Exchange, Obtain, or Share Information Regarding Public Assistance Recipients.

Section 5101.29 | Certain Day-Care Records Not Subject to Public Records Law.

Section 5101.30 | Rules for Conditions and Procedures for the Release of Information.

Section 5101.32 | Procedures and Formats for Rc 109.5721 Notices.

Section 5101.33 | Electronic Benefit Transfers.

Section 5101.34 | Ohio Commission on Fatherhood.

Section 5101.341 | Chairperson; Executive Director; Staff; Funding.

Section 5101.342 | State Summits on Fatherhood.

Section 5101.343 | Exemption From Sunset Review.

Section 5101.35 | Appeals.

Section 5101.351 | Hearing Officers.

Section 5101.36 | Right of Subrogation to Department of Job and Family Services for Workers' Compensation Benefits.

Section 5101.37 | Investigations and Hearings by Department, County or Child Support Enforcement Agency.

Section 5101.38 | Appointment of Agents.

Section 5101.44 | Ohio Welfare Conference.

Section 5101.45 | Conference Expenses.

Section 5101.46 | Administering Provision of Social Services Funded Through Grants Made Under Title Xx.

Section 5101.461 | Use of Title Iv-a Funds for Title XX Social Services.

Section 5101.47 | Administrative Activities for Certain Programs.

Section 5101.48 | Distributing Food Commodities.

Section 5101.49 | Establishing Refugee Assistance Program and State Legalization Impact Assistance Program.

Section 5101.53 | Supplementing Payments of Recipients of Aid Under Title XVI of Social Security Act.

Section 5101.54 | Administering Food Stamp Program.

Section 5101.541 | Food Stamp Program Fund.

Section 5101.542 | Electronic Benefit Transfer Card.

Section 5101.544 | Failure of Household Member to Perform Required Action.

Section 5101.545 | Application to Participate in Elderly Simplified Application Project.

Section 5101.55 | Abortion.

Section 5101.56 | Use of State or Local Funds for Abortion Services.

Section 5101.57 | Use of Public Facilities for Nontheurapeutic Abortions Prohibited.

Section 5101.60 | Adult Protective Services Definitions.

Section 5101.61 | Implementing Adult Protective Services.

Section 5101.611 | Reimbursing Costs of Providing Services.

Section 5101.62 | Training Program.

Section 5101.621 | Memorandum of Understanding Related to Responsibilities in Cases of Adult Abuse, Neglect, and Exploitation.

Section 5101.63 | Reporting Abuse, Neglect or Exploitation of Adult.

Section 5101.631 | Uniform Statewide Automated Adult Protective Services Information System.

Section 5101.632 | Access to Educational Materials.

Section 5101.64 | Referring Cases of Abuse.

Section 5101.65 | Investigations.

Section 5101.651 | Temporary Restraining Order.

Section 5101.652 | Authority to Contract With Other Entities to Perform Certain Duties.

Section 5101.66 | Request or Consent to Receiving Protective Services.

Section 5101.68 | Petitioning for Court Order to Provide Protective Services.

Section 5101.681 | Notice of Petition.

Section 5101.682 | Hearing.

Section 5101.69 | Temporary Restraining Order to Restrain Person From Interfering With Provision of Protective Services.

Section 5101.70 | Emergency Order.

Section 5101.701 | Ex Parte Emergency Order Authorizing Provision of Protective Services.

Section 5101.702 | Hearing.

Section 5101.71 | Evaluating Ability to Pay for Services.

Section 5101.73 | Denial or Obstruction of Access to Adult Victim's Residence.

Section 5101.74 | Elder Abuse Commission.

Section 5101.741 | Duties of Commission.

Section 5101.76 | Procurement of Epinephrine Autoinjectors for Camps.

Section 5101.77 | Procurement of Inhalers for Camps.

Section 5101.78 | Procurement of Glucagon, Qualified Immunity - Camps.

Section 5101.80 | Administering Title Iv-a of the Social Security Act.

Section 5101.801 | Benefits and Services That Are Not Defined as Assistance.

Section 5101.802 | Kinship Permanency Incentive Program.

Section 5101.803 | Title Iv-a Demonstration Program.

Section 5101.804 | Ohio Parenting and Pregnancy Program.

Section 5101.806 | Tanf Spending Plan.

Section 5101.81 | Examination of Title Iv-a State Plan by Legislature.

Section 5101.82 | Title Iv-a Reserve Fund.

Section 5101.821 | Tanf Federal Fund.

Section 5101.83 | Repaying Fraudulent Assistance.

Section 5101.84 | Eligibility for Aid.

Section 5101.85 | Kinship Caregiver Defined.

Section 5101.851 | Statewide Kinship Care Navigator Program.

Section 5101.853 | Establishment of Regions.

Section 5101.854 | Content of Program for Kinship Caregivers.

Section 5101.855 | Adoption of Rules.

Section 5101.856 | Funding for Kinship Care Navigator Program.

Section 5101.86 | Adult Emergency Assistance Program.

Section 5101.87 | Victims of Human Trafficking Fund.

Section 5101.88 | Kinship Support Program Definitions.

Section 5101.881 | Kinship Support Program Established and Administered.

Section 5101.884 | Kinship Caregivers Eligible for Payments.

Section 5101.885 | Payment Amount.

Section 5101.886 | Payments Time-Limited.

Section 5101.887 | Conditions Requiring Payments to Cease.

Section 5101.889 | Foster Care Maintenance Payments for Kinship Caregiver Certified as Foster Home.

Section 5101.8811 | Kinship Support Program Rules.

Section 5101.8812 | Inalienability of Benefits.

Section 5101.89 | Youth and Family Ombudsman Office Definitions.

Section 5101.891 | Youth and Family Ombudsman Office.

Section 5101.892 | Office Duties; Annual Report.

Section 5101.893 | Evaluation of Annual Report.

Section 5101.894 | Reporting Suspected Violations of State Law.

Section 5101.895 | Office Administration.

Section 5101.897 | Employee Prohibitions.

Section 5101.899 | Record Access and Confidentiality.

Section 5101.90 | Evaluation of County Department on Helping Public Assistance Recipients Obtain Employment.

Section 5101.93 | Warning, Explanation for Failure to Report Violation Involving a Companion Animal.

Section 5101.971 | Annual Report.

Section 5101.99 | Penalty.