LibGuides: Government Benefits Law: Foster Care Payments

Ohio Revised Code

Oh. Rev. Code Sec. 2151.011(B)
Defines "legal custody".
Oh. Rev. Code Sec. 2151.353
Orders of disposition of abused, neglected or dependent child
Oh. Rev. Code Sec. 2151.415
Motion for order of disposition upon termination of temporary custody order.
Oh. Rev. Code Sec. 5101.1411
The "Bridges" program continues foster care payments for individuals 18-21 years old who sign voluntary participation agreements.
Oh. Rev. Code Sec. 5101.29
Agency records relating to foster care givers and children housed in foster care are exempt from public records laws.

Cases

Fulton v. City of Philadelphia
US Supreme Court says the City of Philadelphia cannot prohibit Catholic Social Services from participating in its foster care program, even though CSS discriminates against same sex foster parents. This is because Philidelphia has an individualized exemption process, but refused to give one to CSS.
DO v. Glisson
6th Cir Ct of Appeals saying kinship foster parents should be paid same as licensed foster parents.
Oh. Rev. Code Secs. 5101.881 - 5101.8811
2020 law meant to even up payments between kinship and licensed foster parents, but it doesn't.
Ohio is still short-changing kids and caregivers
Ohio Capitol Journal 1/25/21

Executive orders

FACT SHEET: President Biden to Sign Historic Executive Order Advancing LGBTQI+ Equality During Pride Month
6/16/22 President Biden is charging HHS with strengthening LGBTQI+ non-discrimination protections in the foster care system. His Executive Order also charges HHS with launching a new initiative to partner with state child welfare agencies to improve outcomes for LGBTQI+ youth in care; increase training for child welfare personnel on best practices for supporting LGBTQI+ youth; promote placements of children into environments that will support their sexual orientation and gender identity; and study and address the disproportionate rates of child removals that LGBTQI+ parents face, especially women of color.

Ohio Administrative Code

Laws Governing Foster Caregivers:

Oh. Admin. Code Ch. 5101:2-7

Oh. Rules of Juv. Procedure

Oh. Rule of Juv. Proc. 2
Definitions

Law Review Articles

CONFRONTING INDETERMINACY AND BIAS IN CHILD PROTECTION LAW
3 STAN. L. & POL’Y REV. (forthcoming 2022) article by Josh Gupta-Kagan

IF “PAST IS PROLOGUE”1: TOWARD THE DEVELOPMENT OF A NEW “FREEDOM SUIT” FOR THE REMEDIATION OF FOSTER CARE DISPROPORTIONALITIES AMONG AFRICAN-AMERICAN CHILDREN
2019 article by Gloria Ann Whittico in the Capital University Law Review

Federal Regulations

45 CFR Part 75
The Trump administration finalized a rule that allows adoption and foster care agencies to receive federal grants, even if they choose to reject LGBTQ couples as potential parents for religious reasons.

Social Security Regulations

Some foster children get Social Security benefits. In many cases, the foster care agency becomes the representative payee of the benefits. The regulations below govern this situation.

US Code

42 U.S. Code §§ 670-679c
Family First Preventions Services Act. Federal payments for foster care, prevention, and permanency.

Federal Agency Guidance

Fact Sheet #28F: Qualifying Reasons for Leave under the Family and Medical Leave Act
Eligible employees are entitled to take up to 12 workweeks of FMLA leave in a 12-month period for placement with the employee of a child for adoption or foster care and to bond with the newly placed child within one year of placement.

Forms

Grievance Form with Franklin County Children's Servies
This form is designed for use when attempts to resolve problems with the worker, supervisor, and the associate director have not been successful.
Motion - Alternative Disposition PDF
Motion - Alternative Disposition WORD

In the News

Ohio is lagging badly in some foster-care measures.
Ohio Capital Journal 4/1/22

"Ma’Khia Bryant’s Journey Through Foster Care Ended With an Officer’s Bullet."
NYTimes 5/8/21

RELATIVE FOSTER FAMILIES SUE OHIO OVER FINANCIAL ASSISTANCE Attorneys say Ohio is not following the law and it has not made payments to the relatives on behalf of the child.
10tv 11/27/20
The Hidden Trauma of “Short Stays” in Foster Care
The Marshall Project 1/12/20. Akron had one of the highest percentages of short stays in foster care.
Yost Says Any Opioid Lawsuit Award Should Go Back To Local Level
WOSU 9/18/19. The Ohio Attorney General says some of the money should go to foster care.

Government Benefits Law: Foster Care Payments

Foster Care