Chapter 5101:1-1 General Provisions

The definitions set forth in this rule are contained in federal regulations related to the TANF program. There are also definitions included in this rule that are set forth in the Revised Code.

(A) “Adult” is defined in 45 CFR 260.30 (04/99) as an individual who is not a minor child, as defined in this rule.

(B) “Assistance” is defined in 45 CFR 260.31 (04/99) as set forth below:

(1) Assistance includes cash, payments, vouchers, and other forms of benefits designed to meet a family’s ongoing basic needs for food, clothing, shelter, utilities, household goods, personal care items and general incidental items. Except as provided in paragraph (B)(2) of this rule, assistance includes supportive services such as transportation and child care provided to families who are not employed. It includes such benefits even when they are:

(a) Provided in the form of payments by a TANF agency or other agency on its behalf, to individual recipients; and

(b) Conditioned on participation in work experience or community service, or any other activity under 45 CFR 261.30 (04/99), which defines work activities as: unsubsidized employment, subsidized private-sector employment; subsidized public-sector employment; work experience if sufficient private-sector employment is not available; on-the-job training (OJT); job search and job readiness assistance; community service programs; vocational educational training; job skills training directly related to employment; education directly related to employment, in the case of a recipient who has not received a high school diploma or a certificate of high school equivalency; satisfactory attendance at secondary school or in a course of study leading to a certificate of general equivalence, in the case of a recipient who has not completed secondary school or received such a certificate; and providing child care services to an individual who is participating in a community service program.

(2) Assistance excludes:

(a) Nonrecurrent, short-term benefits that:

(i) Are designed to deal with a specific crisis situation or episode of need;

(ii) Are not intended to meet recurrent or ongoing needs; and

(iii) Will not extend beyond four months.

(b) Work subsidies – payments to employers or third parties to help cover the costs of employee wages, benefits, supervision and training;

(c) Supportive services such as child care and transportation provided to families who are employed;

(d) Refundable earned income tax credits;

(e) Contributions to, and distributions from individual development accounts (IDA);

(f) Services such as counseling, case management, peer support, child care information and referral, transitional services, job retention, job advancement, and other employment-related services that do not provide basic income support; and

(g) Transportation benefits provided under a job access or reverse commute project to an individual who is not otherwise receiving assistance.

(C) “Cash assistance”, when provided to Ohio works first (OWF) participants has the meaning set forth in paragraph (B) of this rule and in rule 5101:1-23-01 of the Administrative Code. When cash assistance is provided to participants in the welfare to work (WtW) program, it has the same meaning as WtW cash assistance defined in paragraph (BB) of this rule.

(D) “Commingled State TANF expenditures” means expenditures of state funds that are made within the TANF program and commingled with federal TANF funds.

(E) “Custodian” as defined in section 5107.02 of the Revised Code means, an individual who has legal custody, as defined in section 2151.01.1 of the Revised Code, of a minor child or comparable status over a minor child created by a court of competent jurisdiction in another state.

(F) “Erroneous payment” as defined in section 5107.76 of the Revised Code and rule 5101:1-23-70 of the Administrative Code, means payments of cash assistance under OWF to assistance groups not eligible to receive the assistance, including assistance paid as a result of misrepresentation or fraud and assistance paid due to an error by a member of an assistance group or a county department of job and family services (CDJFS).

(G) “Fraudulent assistance” as defined in section 5101.83 of the Revised Code and rule 5101:1-23-75 of the Administrative Code, means assistance and services, including cash assistance provided under OWF established under Chapter 5107. of the Revised Code, or benefits and services provided under prevention, retention and contingency (PRC) as provided in Chapter 5108. of the Revised Code, to or on behalf of an assistance group that is provided as a result of fraud by a member of the assistance group, including an intentional violation of the program’s requirement. Fraudulent assistance does not include assistance or services to or on behalf of an assistance group that is provided as a result of an error that is the fault of the CDJFS or the Ohio department of job and family services (ODJFS).

(H) “Guardian” as defined in section 5107.02 of the Revised Code means, an individual that is granted authority by a probate court pursuant to Chapter 2111. of the Revised Code, or a court of competent jurisdiction in another state, to exercise parental rights over a minor child to the extent provided in the court’s order and subject to residual parental rights of the minor child’s parents.

(I) “Indian”, as defined in Section 450b of Title 25 (12/00) of the United States Code, means a person who is a member of an Indian tribe.

(J) “Indian country”, as defined in Section 1151 of Title 18 (05/76) of the United States Code, means:

(1) All land within the limits of any Indian reservation under the jurisdiction of the United States government, notwithstanding the issuance of any patent, and, including rights-of-way running through the reservation;

(2) All dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory thereof, and whether within or without the limits of a state; and

(3) All Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through the same.

(K) “Indian tribe”, as defined in Section 450b of Title 25 of the United States Code, means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (12/71) which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians; except that the term “Indian tribe” means, with respect to the state of Alaska, only the Metlakatla Indian community of the Annette Islands Reserve and the following Alaska Native regional nonprofit corporations:

(1) Arctic Slope Native association;

(2) Kawerak, Inc.;

(3) Maniilaq association;

(4) Association of village council presidents;

(5) Tanana chiefs council;

(6) Cook Inlet tribal council;

(7) Bristol Bay Native association;

(8) Aleutian and Pribilof Island association;

(9) Chugachmuit;

(10) Tlingit Haida central council;

(11) Kodiak Area Native association; and

(12) Copper River Native association.

(L) “Indian Tribal Organization” or “tribal organization” as defined in Section 405b of Title 25 of the United States Code means, the recognized governing body of any Indian tribe; any legally established organization of Indians which is controlled, sanctioned, or chartered by such governing body or which is democratically elected by the adult members of the Indian community to be served by such organization and which includes the maximum participation of Indians in all phases of its activities: Provided, that in any case where a contract is let or grant made to an organization to perform services benefiting more than one Indian tribe, the approval of each such Indian tribe shall be the prerequisite to the letting or making of such contract or grant.

(M) “Individual Development Account (IDA)” as defined in 45 CFR 263.20 (04/99) means an account established by or for an individual who is eligible for assistance under the TANF program, to allow the individual to accumulate funds for specific purposes. The funds in an IDA account must be disregarded in determining eligibility for, or the amount of, assistance in any federal means-tested programs.

(N) “Minor child” as defined in 45 CFR 260.30 means an individual who:

(1) Has not attained eighteen years of age; or

(2) Has not attained nineteen years of age and is a full-time student in a secondary school (or the equivalent level of vocational or technical training).

(O) “Minor head of household” as defined in section 5107.02 of the Revised Code means a minor child who is either of the following:

(1) Is married, at least six months pregnant and a member of an assistance group that does not include an adult; or

(2) Is married and is a parent of a child included in the same assistance group that does not include an adult.

(P) “Ohio Works First (OWF)” as defined in section 5107.02 of the Revised Code means the program established by section 5107.03 of the Revised Code. OWF is Ohio’s temporary assistance for needy families (TANF) program. OWF is a program that provides time-limited cash assistance, as defined in paragraph (B)(1) of this rule, to eligible families.

(Q) “Payment standard” as defined in section 5107.02 of the Revised Code means the amount specified in rules adopted under section 5107.05 of the Revised Code that is the maximum amount of cash assistance an assistance group may receive under OWF from state and federal funds.

(R) “Prevention, Retention and Contingency (PRC)” as defined in Chapter 5108. of the Revised Code means the program established under Chapter 5108. of the Revised Code and funded in part with federal TANF funds to provide non-cash benefits and services, as defined in paragraph (B)(2) of this rule, that individuals need to overcome immediate barriers to achieving or maintaining self sufficiency and personal responsibility.

(S) “PRWORA” as defined in 45 CFR 260.30 means the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, or Public Law 104-193 (08/96).

(T) “Specified relative” as defined in section 5107.02 of the Revised Code means the following individuals who are age eighteen and older:

(1) The following individuals related by blood or adoption;

(a) Grandparents, including grandparents with the prefix “great”, “great-great”, or “great-great-great”;

(b) Siblings;

(c) Aunts, uncles, nephews, and nieces, including such relatives with the prefix “great”, “great-great”, “grand”, or “great-grand”;

(d) First cousins and first cousins once removed.

(2) Stepparents and stepsiblings;

(3) Spouses and former spouses of individuals named in paragraphs (T)(1) and (T)(2) of this rule.

(U) “State TANF expenditures” as defined in 45 CFR 260.30 means the expenditure of state funds within the TANF program.

(V) “TANF” as defined in 45 CFR 260.30 means the temporary assistance for needy families program.

(W) “TANF Program” as defined in 45 CFR 260.30 means a state program of family assistance operated by an eligible state under its state TANF plan.

(X) “Title IV-A” as defined in 45 CFR 260.30 means the title and part of the Social Security Act (08/96) that now includes TANF, but previously included the now obsolete aid to families with dependent children (AFDC) and emergency assistance (EA) programs.

(Y) “Title IV-A program” as defined in section 5101.80 of the Revised Code means all of the following that are funded in part with funds provided under the TANF block grant:

(1) The Ohio works first (OWF) program established under Chapter 5107. of the Revised Code;

(2) The prevention, retention and contingency (PRC) program established under Chapter 5108. of the Revised Code;

(3) A program established by the general assembly or an executive order issued by the governor that is administered or supervised by the ODJFS; and

(4) A component of a Title IV-A program identified in paragraphs (Y)(1) to (Y)(3) of this rule, that the Title IV-A state plan identifies as a component.

(5) The kinship permanency incentive program created under section 5101.802 of the Revised Code.

(6) The Title IV-A demonstration program created under section 5101.803 of the Revised Code.

(Z) “Work eligible individual” as defined in 45 CFR 261.2 (02/08) means the following:

(1) An adult (or minor child head-of-household) receiving assistance under TANF or a separate state program or a non-recipient parent living with a child receiving such assistance unless the parent is:

(a) A minor parent and not the head-of-household;

(b) A non-citizen who is ineligible to receive assistance due to his or her immigration status; or

(c) At state option on a case-by-case basis, a recipient of supplemental security income (SSI) benefits or aid to the aged, blind or disabled in the territories.

(2) The term also excludes:

(a) A parent providing care for a disabled family member living in the home provided that there is medical documentation to support the need for the parent to remain in the home to care for the disabled family member;

(b) At state option on a case-by-case basis, a parent who is a recipient of social security disability insurance (SSDI) benefits; and

(c) An individual in a family receiving maintenance-of-effort (MOE) funded assistance under an approved tribal TANF program, unless the state includes the tribal family in calculating work participation rates, as permitted under 45 CFR 261.25 (06/06).

(AA) “WtW” as defined in 45 CFR 260.30 means welfare-to-work.

(BB) “WtW cash assistance” as defined in 45 CFR 260.30 and 260.32, is countable toward the sixty-month TANF time limit, only includes benefits that are provided in the form of cash payments, checks, reimbursements, electronic funds transfers, or any other form that can legally be converted to currency, and that:

(1) Meet the definition of assistance set forth in 45 CFR 260.31 provided in paragraph (B)(1) of this rule; and

(2) Are directed as basic needs.

(3) Thus, it includes benefits described in paragraphs (a)(1) and (a)(2) of 45 CFR 260.31, as provided in paragraph (B)(1) of this rule, except that it excludes supportive services such as transportation and child care provided to families who are not employed.

(CC) “WtW non-cash assistance” means WtW benefits provided to a family that do not meet the definition of WtW cash assistance, as provided in paragraph (B)(2) of this rule. Receipt of WtW non-cash assistance benefits does not count toward the sixty-month TANF time limit. WtW non-cash assistance includes supportive services provided to nonworking families.

Effective: 10/01/2008

R.C. 119.032 review dates: 12/29/2011

Promulgated Under: 119.03

Statutory Authority: 5107.05, Section 5 of Amended Substitute Senate Bill 238 of the 126th General Assembly

Rule Amplifies: 5107.05

Prior Effective Dates: 7/1/2002, 8/29/2003 (Emer.), 11/1/2003, 9/29/2006 (Emer.), 12/29/2006

(A) Confidential records

All information and records concerning a recipient of disability financial assistance (DFA) pursuant to Chapter 5115. of the Revised Code (2003), Ohio works first (OWF) pursuant to Chapter 5107. of the Revised Code (2000), and prevention, retention and contingency (PRC) pursuant to Chapter 5108. of the Revised Code (2000) are confidential. No information regarding applicants, recipients, or former recipients of any of the programs listed in this paragraph is to be released to anyone except as provided in sections 5101.27 (2004) and 5101.28 of the Revised Code (2004), including an entity administering a program assisting needy individuals with the costs of public utility services or as otherwise delineated in this rule pursuant to section 5101.30 of the Revised Code (2000).

(B) Allowable disclosure of information

In accordance with section 5101.30 of the Revised Code (2000) and in addition to sections 5101.27 (2004) and 5101.28 of the Revised Code (2004), recipient information and records for any of the programs identified in paragraph (A) of this rule may be released to the following entities identified in paragraphs (B)(1) to (B)(10) of this rule. However, only the minimum information necessary to fulfill the need for the sharing of information as allowed by this rule may be released:

(1) A provider of services or assistance connected with the programs identified in paragraph (A) of this rule. Access to information under this paragraph is limited to information that is essential for the provider to render services or assistance or to bill for services or assistance rendered. Providers receiving this information may not use this information except for the purpose set out in this paragraph and are subject to penalties set out in section 5101.99 of the Revised Code (2001) for unauthorized use of the information.

(2) Any private contractor, grantee, or other state or county entity, performing administrative or other duties on behalf of the Ohio department of job and family services (ODJFS) or a county department of job and family services (CDJFS) when in compliance with paragraphs (B)(3)(a) to (B)(3)(d) of this rule. Access under this paragraph includes but is not limited to exchange of information pursuant to section 307.987 of the Revised Code (2003). Information that can be accessed under this paragraph is limited only to information needed for completion of the administrative or other duties on behalf of ODJFS or CDJFS:

(a) There must be a signed, written agreement with the contractor, grantee, or entity, that establishes the purpose and scope of duties to be performed for ODJFS or CDJFS.

(b) The agreement shall contain language that the contractor, grantee, or entity may not use the information received pursuant to the agreement for purposes other than those set out in the written agreement.

(c) The agreement shall include language which establishes that the contractor, grantee, or entity is bound by relevant Ohio confidentiality laws and ODJFS rules; and, that disclosure of the information by the contractor, grantee, or entity in a manner not authorized by the rules is a breach of the contract and a violation of sections 5101.27 (2004) and 5101.99 of the Revised Code (2001).

(3) An employer for purposes of claiming tax credit under Public Law 94-12, the Tax Reduction Act of 1975 or claiming some other type of payment from any governmental entity in connection with a program that provides payments to employers for hiring and employing public assistance recipients. An employer may access only the recipient information that is essential for claiming the tax credit or payment. Use of the recipient information by the employer shall be only for the purpose set out in this paragraph and unauthorized use of the information shall be subject to penalties set out in section 5101.99 of the Revised Code (2001).

(4) Any state licensing or certification authority while performing their statutory duties of conducting or assisting with investigations, prosecution or civil or criminal proceedings against medicaid providers, provided that any such licensing or certification authority agrees to be bound by the same rules and regulations regarding recipient confidentiality that binds ODJFS. To ensure agreement of confidentiality, these information requests and responses will be conducted solely between the requesting authority and the appropriate office within ODJFS.

(5) A county child support enforcement agency (CSEA) when requesting relevant information needed to secure child support pursuant to rule 5101:1-3-10 of the Administrative Code (2004).

(6) State and local offices of women, infants and children (WIC), child and family health services (CFHS), and the children with medical handicaps program (CMH). The information shared is limited to eligibility information for specific individuals or assistance groups receiving services from WIC, CFHS and/or CMH.

(7) Public children services agencies (PCSAs) when the CDJFS is to report known or suspected instances of child abuse and neglect of a child receiving OWF, or DFA or when the PCSA needs information in order to conduct an assessment/investigation of a report of alleged child abuse or neglect, as delineated in rule 5101:2-39-51 of the Administrative Code (2003). Instances of abuse and neglect situations exist when a child experiences physical or mental injury, sexual abuse, or exploitation, or negligent treatment or maltreatment under circumstances which indicate that the child’s health or welfare is threatened.

(C) Requirements regarding protection of the recipient’s right to control personal data

The following requirements must be explained at the time of application for assistance or services and are included to protect the recipient’s right to control personal data.

(1) Whenever a recipient of any of the programs identified in paragraph (A) of this rule is asked to supply personal data to the CDJFS or ODJFS, the legal requirements for providing or not providing such data must be explained to him.

(2) Upon the request of any recipient of any of the programs identified in paragraph (A) of this rule, the CDJFS must make all data collected about that individual available to the individual. Medical, psychiatric or psychological information may not be released to the individual or his legal guardian if the CDJFS has reason to believe that its release may have an averse effect on the individual.

If the CDJFS has reason to believe that the release of medical, psychiatric or psychological information may have an adverse effect, the CDJFS shall release this information to a physician, psychiatrist or psychologist designated by the individual. Once the individual provides expressed and informed consent, the CDJFS will send this information to the designated medical provider. The medical provider will then determine whether the information should be disclosed to the recipient.

In addition, the agency must supply an interpretation of the data if it is not readily understandable. If the individual feels that the data is incomplete or inaccurate, the individual has the right to include additional information in the individual’s files.

(3) Upon any request for individual data through compulsory legal process, the recipient of any program identified in paragraph (A) of this rule, must be immediately informed of such request. In addition, the department must inform the court of the statutory and regulatory provisions against disclosure of information, if state or federal law precludes the release of the information. If the court still seeks the information, and if the information is not protected by any other privilege recognized by law, the agency will furnish the specified information to the court itself along with ODJFS policies for safeguarding that information. At the same time, the agency must notify the individual that the information has been furnished to the court and must supply duplicate copies to that individual of the information so furnished.

(4) Pursuant to division (D) of section 5101.27 of the Revised Code (2004), ODJFS and the CDJFS may release information about a recipient of any of the programs listed in paragraph (A) of this rule, if the recipient gives voluntary, written consent in compliance with section 5101.27 of the Revised Code (2004).

(D) Nondiscrimination

CDJFS are responsible for rendering assistance without discrimination on account of race, color, religion, national origin, gender, sexual orientation, disability, age or political beliefs, in a manner consistent with the United States constitution, Social Security Act (1952), Civil Rights Act (1964), and the Constitution of the state of Ohio, and policies of ODJFS.

(E) Release of Information

A signed JFS 07341 “Applicant/Recipient Authorization for Release of Information” shall be obtained whenever the CDJFS requests information from a third party. The CDJFS shall use the JFS 03397 “Authorization for the Release or Use of Protected Health Information” (rev. 4/04) when the information is medical in nature or the JFS 06907 “LEAP-Learning, Earning, and Parenting Program School Information Release Form” (rev. 8/03) when requesting attendance and educational information for LEAP program participants. A copy of any signed release must be included in the individual’s file.

(F) Confidentiality requirements for information from the social security administration (SSA)

(1) The SSA sends information to the ODJFS about RSDI (SSA retirement, survivors, disability, and health insurance) and SSI beneficiaries who are applicant for or recipients of any of the programs listed in paragraph (A) of this rule. ODJFS displays this information to the CDJFS using the CRIS-E data exchange screens, DEBB (RSDI) and DESX (SSI). The ODJFS state verification and exchange system (SVES) provides electronic interface with the SSA. The interface allows the transfer of Title II (SSA retirement, survivors, disability, and health insurance benefits), Title XVI (supplemental security income), and benefit earnings exchange record (BEER) information about employment (whether or not the individual is a participant of RSDI and/or SSI). SVES replaces the paper transaction request, third party query (TPQY) between the state of Ohio and the SSA. The SSA limits use and disclosure of this SSA information.

(2) The Privacy Act of 1974 allows SSA to release information to ODJFS and CDJFS without a release of information from the beneficiary only as long as the information is for a “routine use” and for specified programs. Every use or disclosure of SSA information which is not routine or is not for an approved, specified program requires the prior written permission of the beneficiary or the SSA, respectively.

(a) The routine uses and approved programs for RSDI obtained from the bendex system (“Beneficiary and Earnings Data Exchange”) are: to determine eligibility for and administer OWF, DFA, food stamps, Title XX social services, Title IV-E, child support, and energy assistance.

(b) The routine uses and approved programs for SSI benefits obtained from the state data exchange (SDX) and SVES are: to determine eligibility for and administer OWF, food stamps, DFA, energy assistance, Title XX social services, Title IV-E, child support, and interim assistance.

(G) Disclosure, confidentiality, and physical safeguarding of SSA and Internal Revenue Service (IRS) information

(1) Whenever ODJFS or the CDJFS discloses SSA information received from the SSA to someone who is not an employee of ODJFS or a CDJFS, it must do so only for a routine use of an approved program. Additionally, it must disclose only the information needed to accomplish the purpose of the routine use.

(2) ODJFS may disclose SSA information to another state agency, provided it is for routine use for an approved program and only the needed information is disclosed.

(3) Although ODJFS and the CDJFS may obtain SSA information without a release of information from the beneficiary, they must keep a record any time they disclose this information to anyone who is not an employee of ODJFS or a CDJFS. This is true even though the disclosure is for a routine use.

(a) The required record of disclosure of SSA information must be kept in the individual case record and also in a central CDJFS file.

(b) The case record notation and the central file must contain the date of disclosure, the information disclosed, the purpose of the disclosure, and the person to whom the information was disclosed. For the case record, the CDJFS must enter the notation about the disclosure. For the central file, the CDJFS must maintain separate records, for each source of data disclosed.

(c) The record of disclosure must be retained for five years or the life of the application, whichever is longer. The disclosure records are subject to inspection by the SSA.

(4) The IRS sends unearned income information received from 1099 forms filed with that agency to ODJFS regarding applicants and recipients of any of the programs listed in paragraph (A) of this rule. This federal tax information is displayed on the CRIS-E screen data exchange inquiry resource/unearned income (DERS).

(5) Internal revenue code (IRC) section 6103 (amend.1/04) allows the disclosure of tax return information to federal, state and local agencies by the IRS for use in their OWF and food stamp programs. The return information is disclosed solely for the purpose of, and to the extent necessary in, determining eligibility for, or the correct amount of benefits under the specified programs.

(6) IRS return information may not be disclosed to, exchanged with, or utilized by any other state agency. ODJFS and CDJFS employees who are entitled to access tax return information generally must not disclose this information to any party outside the agency other than the taxpayer to whom the information relates or the taxpayer’s duly appointed representative who has the explicit authority to obtain tax return information.

(7) To the extent that disclosure of IRS information is necessary to verify eligibility for and the correct amount of benefits, including past benefits, such disclosure may be made only when there is no other means of verifying the unearned income information, and only to the extent necessary to verify the unearned income information.

(a) All ODJFS and CDJFS employees with access to IRS return information must have disclosure awareness training for safeguarding requirements and must be advised on an annual basis of IRS penalty provisions.

(b) A permanent system of standardized record keeping must be maintained by the CDJFS which documents requests for, and disclosure of return information. If redisclosure is authorized, the information disclosed outside the agency must be recorded on a separate list which reflects to whom the disclosure was made, what was disclosed, why and when it was disclosed.

(8) ODJFS and the CDJFS must physically protect SSA and IRS information from unauthorized access. The physical record number of SSA and IRS information required to be safeguarded include, but are not limited to, the following:

(a) Benefit earnings exchange record (BEER) information which contains federal wage information obtained from the SSA master earnings file;

(b) IRS information return master file which contains returns filed by payers of income such as dividends, interest and retirement income.

(9) ODJFS and the CDJFS must:

(a) Limit access to the data to only those employees and officials who need it to perform their official duties in connection with the approved programs.

(b) Store data in an area that is physically safe from access by unauthorized persons.

(c) Store and process magnetic tapes, screen prints and any electronic data in CRIS-E or any other computer system used in such a way that information cannot be retrieved by unauthorized persons.

(d) Advise all personnel who will have access to the data of the confidential nature of the information, the safeguards required, and the criminal and civil sanctions for noncompliance contained in federal and state statutes.

(e) Permit the SSA and internal revenue service to make onsite inspections to ensure that adequate safeguards are being maintained.

(f) Ensure that when interactive interviews using the CRIS-E system occur in the presence of an assistance group member who is not the subject of the confidential information, the computer screen is adjusted in such a manner that the visual screen is not exposed to that individual.

Effective: 07/01/2005

R.C. 119.032 review dates: 04/15/2005 and 07/01/2010

Promulgated Under: 119.03

Statutory Authority: 5101.27, 5101.28, 5101.30, 5101.99, 5107.05, 5108.02, 5115.04

Rule Amplifies: 5101.27, 5101.28, 5101.30, 5101.572

Prior Effective Dates: 1-1-74, 1-1-76, 1-1-83, 10-1-84 (emer.), 12-27-84, 7-1-85 (emer.), 9-29-85; 1-18-86, 8-1-86 (emer.), 10-3-86, 10-1-88 (emer.), 12-20-88, 7-14-89 (emer.), 10-1-89, 1-1-90 (emer.), 3-22-90, 4-7-90, 10-1-90, 10-10-91 (emer.), 12-20-91, 1-1-93, 1-1-94 (emer.), 1-30-94, 1-1-96 (emer.), 10-11-96 (emer.), 11-1-96, 1-1-97, 7-1-97, 10-1-97 (emer.), 12-30-97, 7-1-97, 7-1-98, 11-1-98, 7-1-99, 11-1-2002, 4-1-03

(A) The “assistance group record” is a compilation of audit trails showing that the county department of job and family services (CDJFS) has substantiated whether an assistance group (Ohio works first (OWF), disability financial assistance (DFA), refugee cash assistance (RCA), and prevention, retention, and contingency (PRC)) meets eligibility and participation requirements, that the grant has been computed correctly, that potential income and resources are being explored, and that the CDJFS and the assistance group are fulfilling their mutual responsibilities. These audit trails include, but are not limited to:

(1) Application forms, reapplication forms, self-sufficiency contracts, appraisal and assessment forms.

(2) Summary of recipient/agency contacts.

(3) Referrals to social services.

(4) Copies of county/state hearing notices and records. State hearing notices and records are maintained by the Ohio department of job and family services (ODJFS) in accordance with paragraph (F) of rule 5101:6-7-01 of the Administrative Code.

(5) OWF participation in work activities.

(6) Correspondence to and from assistance groups regarding eligibility or payment.

(7) Any verifications obtained such as wage reports, ODJFS state verification and exchange system (SVES) verification and birth records.

(B) The “case record” is a compilation of the assistance group records, as defined in paragraph (A) of this rule, for all assistance groups who are included on the same JFS 07200, “Request for Cash, Food Stamp, and Medical Assistance” (rev. 10/2006), printed copy of information (PCI), and “Prevention, Retention, and Contingency (PRC) Application.”

(C) CDJFS assistance group eligibility and budgetary records for programs set forth in paragraph (A) of this rule may be destroyed subject to the procedure set forth in rule 5101-9-21 of the Administrative Code on record retention.

Effective: 12/01/2006

R.C. 119.032 review dates: 09/14/2006 and 11/01/2011

Promulgated Under: 119.03

Statutory Authority: 5101.02, 5101.49, 5107.05, 5115.03

Rule Amplifies: 5107.05, 5115.03

Prior Effective Dates: 1/1/74, 3/1/82, 9/2/82, 3/6/85 (Emer.), 6/10/85, 1/1/88 (Emer.), 3/21/88, 7/1/88 (Emer.), 9/25/88, 10/1/91 (Emer.), 12/20/91, 1/1/93, 5/1/93, 7/1/96, 10/11/97 (Emer.), 12/30/97, 7/1/98, 11/1/02

(A) Intercounty transfer (ICT) situations occur when a public assistance case and/or an assistance group within a case, or a participant moves from one county to another within the state. Once the transfer has occurred, the delivery of benefits to this case or assistance group becomes the responsibility of the CDJFS in the county of relocation. All public assistance programs are subject to the ICT procedure.

(B) A distinction shall be made between a case transfer and an assistance group transfer.

(1) A case transfer occurs when the members of an entire household move to a new residence located in another county within the state.

(2) An assistance group transfer occurs when a participant(s) comprising a specific assistance group within a case/household, moves to a new residence located in another county within the state, leaving behind other active assistance group household members in the original county of residence.

(a) Intercounty on-line case transfers in the client registry information system enhanced (CRIS-E) system should be completed by the CDJFS as soon as possible, but no later than five working days from the date the move becomes known.

(b) The hard-copy case or assistance group record should be transferred as soon as possible but no later than fifteen calendar days from the date the move becomes known.

(C) County department of job and family services (CDJFS) responsibility

(1) When a participant reports he has moved to a new county of residence, the CDJFS shall complete JFS 03900, “Notice of Intercounty Transfer.” (rev. 12/01) A copy of this form shall be maintained in the sending CDJFS, county (A) and the original JFS 03900 shall be attached to the case or assistance group record when it is transferred to the receiving CDJFS in county (B).

(2) Verification of a participant’s new address is not required to transfer a case or assistance group record from the CDJFS in the county of current residence, county (A), to the CDJFS in the county of relocation, county (B). The CDJFS in county (B) shall verify the address when the case or assistance group record arrives. The CDJFS in county (A) shall always direct the participant to the CDJFS in county (B) to participate in an interactive interview, complete a self-sufficiency contract in accordance with section 5107.14 of the Revised Code, and/or participate in other appropriate application(s).

(a) If a participant contacts county (A) first, then the CDJFS in county (A) shall collect the relevant information needed to properly transfer the assistance group record. County (A) is responsible for obtaining new address information from the participant within ten days. Written verification of the new address is not required at this point. Once this address information is obtained, county (A) may transfer the case or assistance group record to county (B).

(b) If the participant does not inform the CDJFS of his new address within the ten-day time frame, then county (A) shall be unable to determine the participant’s continued eligibility for assistance and must propose to terminate the case or assistance group in accordance with provisions outlined in division-level designation 5101:6 of the Administrative Code (2003).

(c) If a participant contacts the CDJFS in county (B) first, then county (B) shall notify the CDJFS in county (A) of the participant’s new address. The CDJFS in county (A) shall take all appropriate actions to transfer the case or assistance group record to county (B). The CDJFS in county (B) shall complete the reapplication process once the address change has been completed by the CDJFS in county (A).

(D) Case file transfer

(1) A case file is composed of all required documentation which is necessary to determine initial and ongoing eligibility for public assistance programs. To facilitate the intercounty transfer (ICT) process the following procedure shall be utilized by county (A).

(a) The case file to be transferred shall contain the original copy of the following mandatory hard copy verifications as outlined in rules 5101:1-1-13 (2002) and 5101:1-2-20 of the Administrative Code (2002) or electronic data processing copies in accordance with rule 5101-9-22 of the Administrative Code (2003) as listed below:

(i) The most current JFS 07200, “Application for Cash, Medical, Food Stamp Assistance” (rev.5/05).

(ii) Other pertinent documentation such as work activity participation records, self-sufficiency contract, leap, SSI case management, child support, income and eligibility verification system (IEVS), prevention, retention, and contingency (PRC) documentation, and copies of applicable claim, records.

(b) County (A) has the responsibility for organization of case file verifications. Copies of case and/or assistance group information may be kept when the county department of job and family services (CDJFS) feels this information may be needed for future reference.

(2) Each CDJFS shall have an ICT coordinator. One of the responsibilities of the coordinator is to ensure that the hard copy case record is transferred to the appropriate relocation county. This ICT coordinator is the CDJFS contact person for receipt of documentation from all interagency program areas which provide some form of assistance to the transferring case or assistance group.

(a) A list of ICT coordinators is found on the TCRD table in the CRIS-E system. CDJFS shall be responsible for maintaining an updated listing of their ICT coordinator personnel on this screen.

(b) Documentation from each area should be received by the ICT coordinator prior to the case transfer and within the fifteen calendar-day transfer time frame.

(c) Once the case file has been transferred to the new county of residence, the receiving ICT coordinator shall follow the procedure outlined in the client registry information system-enhanced (CRIS-E) flash sixty-six.

(E) Intercounty transfer of open cases/assistance groups

(1) When a case is open and all members of the household relocate to another county within the state, then assistance for that case shall be transferred.

(2) When an open assistance group/participant within a household relocates to another county within the state, then assistance for that group/participant must be terminated in the original case if active assistance group members remain in the original household. In this situation, a new case number shall be required in order to transfer the newly created assistance group to the new county.

(3) When an open assistance group/participant within a household relocates to another county within the state and the only remaining members in the original household are nonparticipants, then the nonparticipants shall be deleted from the case and the case shall be transferred to the new county. The CDJFS shall clearly identify the new case number and case name on the JFS 03900.

(4) All original hard-copy verifications and copies of applicable claim material which relate to the case or assistance group/participant being transferred shall be made available for the ICT.

(F) Intercounty transfer of pending applications

(1) When a CDJFS has been informed that a pending case has moved to another county, the CDJFS shall make the appropriate case changes and transfer the pending case to the new county.

(2) When a CDJFS has been informed that a pending assistance group/participant within a pending case has moved to another county, the CDJFS shall make the appropriate case changes and transfer the identified member(s) of the pending assistance group to the new county.

(a) If a pending assistance group/participant has completed an JFS 07200, “Request for Cash, Food Stamp and Medical Assistance” (rev.5/05) APPL and subsequently moves to another county, the APPL shall be denied in county (A) and all appropriate case material transferred to county (B) along with the JFS 03900. This situation shall also apply to an assistance group/participant who makes application for assistance in county (A) with an address which is identified by county (A) as existing in another county, county (B). The JFS 07200, shall be denied in county (A). All appropriate case material shall be transferred to county (B) along with the JFS 03900.

(b) In all pending ICT situations, the CDJFS shall transfer the pending case within the specified CRIS-E five working-day time frame to ensure that the original date of application is preserved.

(G) Intercounty transfer of closed cases/assistance group records

(1) When a former public assistance participant relocates to a new county and requests assistance, the CDJFS in the new county shall request the inactive (closed) hard-copy case and follow-up with a written request in order that the application process can be completed. The CDJFS which has the original record must ensure that the case is located in the closed file area of the CRIS-E computer system. Once the case is located in closed files, the requesting CDJFS may retrieve the CRIS-E case.

(2) The ICT coordinator shall ensure that the hard-copy case file is made available for transfer to the new county as soon as possible, but no later than fifteen calendar days.

(H) CDJFS case responsibility exceptions

The ICT policy for CDJFS will involve case situations which require exceptions to the stated transfer procedure. Listed below are CDJFS case responsibility exceptions. This is not an all-inclusive list:

(1) A child is on OWF in county (A) and is temporarily absent and hospitalized in county (B). The parents of the child want to apply for a waiver. County (A) shall be responsible for handling the OWF,

(2) The parents of a child reside in county (A) and the child is placed in a nursing home in county (B). County (A) shall be responsible for the OWF case, if appropriate.

(3) A family receives OWF in county (A). The caretaker/relative enters a halfway house in county (B), and is temporarily absent from the OWF case. OWF shall continue to be issued in county (A).

(4) A participant receiving foster care maintenance in county (A) has a baby who is placed in county (B) but is not taken into custody. There shall be two cases created: county (A) for the parent and county (B) for the infant.

(I) Claim transfers

(1) When a case or an assistance group/participant with an existing claim transfers to another county, the existing claim shall not be transferred. The transferred assistance case record should contain copies of documentation that a claim exists. The county which established the claim remains responsible for any applicable court action, state hearing, or collection action concerning an outstanding claim balance. The receiving county (B), shall implement a grant reduction for claim collection upon a request from the sending county (A).

(2) Claims that are incomplete at the time a case record is requested for transfer shall be handled in the same manner as an established claim. The county that is in the process of establishing the claim shall complete the establishment of the claim and shall initiate collection action. The sending county (A) has the option to retrieve control of a claim which it had previously transferred or may choose not to establish the initial claim if, as a result of a mutual agreement with the receiving county (B), the claim will be established by county (B). The assistance group’s/participant’s current county of residence does not affect the claim which occurred in the sending county.

(3) The transfer process which involves the IEVS program consists of income and benefit information involving employers, other agencies and IEVS worker correspondence.

(a) The sending county (A) shall follow CRIS-E flash sixty-one for transferring the IEVS match on-line to the receiving county (B).

(b) The ICT coordinator in the pending county must ensure that the data exchange compliance tracking selection, (DESL), and the data exchange compliance tracking results, (DEEV) screens in the CRIS-E system have been completed before the case transfer occurs.

(c) To transfer the hard-copy case verifications, county (A) shall enclose all relevant material in an envelope labeled confidential, IEVS material, to be safeguarded, for authorized personnel only, or some similar labeling. The envelope should be sent along with other case file material being transferred to county (B).

(d) When information regarding the IEVS match is received subsequent to the transfer of a case/assistance group record, that information shall be forwarded to the new county as soon as possible.

Effective: 07/01/2005

R.C. 119.032 review dates: 04/15/2005 and 07/01/2010

Promulgated Under: 119.03

Statutory Authority: 5101.80, 5107.02, 5107.05, 5115.05

Rule Amplifies: 5101.80, 5107.05, 5108.10, 5115.05

Prior Effective Dates: 11-1-74, 7-1-85, 8-1-88 (emer.), 10-15-88, 7-1-91 (emer.), 9-15-91, 1-1-93, 5-1-93, 7-1-98, 7-1-99, 7-1-01, 11-1-02

(A) Section 1137 of the Social Security Act (5/2006) mandates that state agencies administering federally funded public assistance programs develop and implement an income and eligibility verification system (IEVS). In Ohio, IEVS contains income and benefit information from the following sources:

(1) The Ohio department of job and family services (ODJFS), office of unemployment compensation, bureau of program services; and

(2) The social security administration (SSA).

(B) Under the IEVS program, the match data will be furnished to the county department of job and family services (CDJFS). The CDJFS will have a forty-five-day to one-hundred-twenty-day processing time frame to receive the match data, to compare the match information to the information in the assistance group (AG) record, to obtain verification when applicable, to determine eligibility, and to initiate appropriate corrective action. The CDJFS shall take action to review and process the information immediately upon receipt.

(C) Integration of IEVS into the client registry information system-enhanced (CRIS-E) system

(1) All IEVS functions of ODJFS are provided through CRIS-E. The IEVS CRIS-E alert processing instruction guide located at http://innerweb.odjfs.state.oh.us/oraa/bpi/IEVS_GUIDE_3-22-06.pdf provides the procedure for the processing of match data reviews.

(2) The regular matching of social security numbers of assistance group members is reflected through the IEVS system, which consists of the following three CRIS-E components:

(a) Data exchange;

(b) Compliance tracking; and

(c) Reporting.

(D) Specific sources of IEVS matches

Under the IEVS system, ODJFS will regularly match social security numbers of applicants and AG members with data from the following source agencies:

(1) ODJFS-wage records.

(a) The ODJFS, unemployment compensation bureau of program services acts as the state’s wage information collection agency (SWICA). Section 4141.20 of the Revised Code requires employers to report quarterly earnings of all employees by the last day of the month following the end of each calendar quarter. ODJFS will match all Ohio works first (OWF) and food stamp applicants and AG members against the SWICA files on a quarterly basis. Matches shall be displayed to the CDJFS as soon as they are received.

(b) The CDJFS shall treat information received from this source as a lead to possible employment. Verification of earnings must be obtained from the employer or AG member before benefits may be affected.

(2) ODJFS-unemployment compensation records.

(a) ODJFS will compare all OWF and food stamp applicants and AG members against the ODJFS files on a weekly basis. Matches shall be displayed in CRIS-E to the CDJFS as soon as they are received.

(b) Information received from this source should be considered verified unless the client statement and/or case record fails to support the accuracy of the information.

(3) SSA benefit earnings exchange record (BEER).

(a) SSA obtains wage records from employers on an annual basis. Twice a month ODJFS transmits a request through the SSA’s BEER for all new OWF and food stamp applicants and AG members. This data is included in the master file at that agency. Whenever information is added to the master file, it is matched against all other data in the file. The SSA processes the BEER request twice a month and returns the matched file information to ODJFS for review.

(b) The BEER match includes out of state and federal employers. The federal wage records match includes employers who do not report to SWICA. Matches from this source will be displayed in CRIS-E to the CDJFS as soon as they are received and are to be considered as a lead that the CDJFS shall verify before benefits may be affected.

(c) Employment information received from this source is considered as a lead towards possible current employment. Data verification shall be obtained before the CDJFS may initiate any adjustment to the AG case.

(4) Retirement survivors disability insurance (RSDI) and supplemental security income (SSI) benefits

(a) SSA provides information on social security (SS) and SSI benefits of individual public assistance participants. The ODJFS state verification and exchange system (SVES) provides electronic interface with the SSA. The interface allows the transfer of SS and SSI benefit information from the SSA.

(b) Beneficiary and SSI entitlement information is considered verified. Dual entitlement information should be verified, when, or if, the AG record does not support the accuracy of the information.

(E) Processing time frames

(1) Federal regulations require the CDJFS to process IEVS matches in forty-five days.

(2) A CDJFS may only exceed the forty-five day time period on up to twenty per cent of its reviews, provided that the reason for the delay is due to nonreceipt of verifications, and provided that the review is completed by the next case action. During the forty-five and one hundred-twenty day periods, the CDJFS shall review the AG record, contact the AG, obtain verification when necessary, determine eligibility and make appropriate case adjustments.

(3) Once the CDJFS completes the IEVS match process, the results will be recorded in CRIS-E history.

(4) When the CDJFS determines that an IEVS match displayed is for an AG whose case record is now active in another county and/or is delinquent, the CDJFS shall refer to the CRIS-E transfer procedure.

(F) IEVS priority levels

(1) CDJFS are assigned IEVS match information in the CRIS-E system with one of two priority levels: high or low. These priority levels are based upon ODJFS determined error prone factors.

High priority matches shall be reviewed and completed by CDJFS within forty-five days.

(2) Low priority matches are issued to CDJFS for informational purposes only. These matches are available for a minimum of one hundred-eighty days. CDJFS will not be required to follow-up or report the results of these reviews. Low priority alerts will be systematically inactivated every one-hundred eighty to two hundred days.

(G) IEVS safeguarding requirements and disclosure of match information

(1) Match information which contains federal tax data must be protected from disclosure to unauthorized persons. Federal tax information (FTI) remains tax information even after it has been verified. The determining factor is the source of the information.

(a) If the source is the social security administration or some other federal agency authorized to release FTI, this information is tax information.

(b) If the source is the individual involved, an authorized representative of the individual or entity, or a third party (from their records), the information is not considered tax information.

(2) If the individual, or payer institution, verifies by writing the information on a separate document, the information is not tax information. Therefore, it is possible to have two documents with the same information and, depending on the source of the information, one document shall require safeguarding while the other shall not.

(3) Computer screen printouts or copies of letters mailed or received regarding FTI shall be safeguarded and are subject to the prescribed record retention schedule and safeguarding procedures as outlined in rules 5101-9-21 and 5101:9-9-25 of the Administrative Code.

(4) SSA federal tax information can be commingled within the AG case record, but the AG case record must then be safeguarded in its entirety, clearly labeled to indicate that SSA FTI is included.

(5) FTI must be logged and tracked so that the location of the FTI is known at all times.

(6) The IEVS match information may be disclosed only under the following circumstances:

(a) Any IEVS match information may be given to the AG member who is the subject of the information;

(b) An assistance group member may be given social security administration (SSA) information about other members in the same assistance group if the information is needed in connection with determining eligibility for benefits. A JFS 07341 “Applicant/Recipient Authorization for Release of Information” (rev. 4/2004) form shall be signed by the individual for whom the information is requested. When there is a request to review the AG case file, a member of the AG or its currently authorized representative may have access to the information provided by the release. However, the CDJFS may withhold confidential information, such as the names of individuals who have disclosed information about the AG without the AG’s knowledge, or the nature or status of pending criminal prosecutions;

(c) An AG member may be given tax return information if the individual is the taxpayer to whom the information relates;

(d) Tax return information may be given to the taxpayer’s duly-appointed representative who has the explicit authority to obtain the tax return information if the disclosure is necessary to verify eligibility for benefits, including past benefits, and such disclosure may be made only when there is no other means of verifying the unearned income information. A signed JFS 07341 shall also be required from the taxpayer; and

(e) IEVS match information may be given to another state or local agency or official who needs the information for the purpose of determining eligibility or investigating alleged or suspected fraud or abuse for the programs as delineated in rule 5101:1-1-03 of the Administrative Code. This includes court officials, prosecutors, and investigators.

(H) Records of disclosure of IEVS match information

(1) ODJFS and the CDJFS shall keep a record of any disclosure of IEVS information, including IEVS match information, to any person or agency who is not an employee of ODJFS or the CDJFS. The record of the disclosure must be retained for five years or the active life of the application, whichever is longer.

(2) The eligibility determiner must note in the AG record any disclosure to any person (other than the AG member), agency, or official who is not an employee of a CDJFS or ODJFS. The CDJFS must record all such disclosures in its central file of IEVS information disclosures. The record of disclosure must contain a description of the information disclosed, the date of the disclosure, the identity of the persons or agencies to whom the information was disclosed, and the purpose of the disclosure.

(3) The CDJFS should refer to rule 5101-9-21 of the Administrative Code for closed IEVS documentation procedure.

(I) Required CDJFS action.

(1) Upon receipt of an IEVS match, the CDJFS shall:

(a) Refer to the IEVS CRIS-E alert processing instruction guide.

(b) Regard the match information (unless SSA beneficiary and SSI entitlement or unemployment compensation) as a lead indicating the possible receipt of income to an AG member, not as verification.

(c) Determine if the IEVS information is consistent with the information already provided by the AG. When the AG case record does not have information which resolves the IEVS match, the CDJFS may contact the AG.

(2) When a CDJFS contacts an AG for verification of income, the CDJFS shall give the AG ten calendar days to submit verification. The request for verification shall also state that if the AG fails to provide the information and/or contact the CDJFS, assistance may be terminated. At the end of the time period, if there has been no contact by the AG or if there has been a refusal to provide verification, prior notice shall be sent proposing termination because the CDJFS is unable to determine continued eligibility. Since the information from the IEVS match does not coincide with the information from the AG case record, the CDJFS shall verify the match information. It is the responsibility of the AG to provide the information necessary to determine eligibility and to clarify any incomplete, inconsistent, or contradictory information received.

(3) If the AG agrees to cooperate in providing the requested information but is unable to provide the information, the CDJFS shall obtain a JFS 07341 to forward to the third party who may have the information , such as an employer.

(4) Any adverse action resulting from information produced by a matching program shall be processed in accordance with Chapter 5101:6 of the Administrative Code.

(5) When the review of the IEVS match results in a determination that the benefit amounts issued were incorrect and should be increased or decreased accordingly, the CDJFS shall initiate at least one of the following:

(a) Ineligibility — terminate benefits or deny application;

(b) Overpayment — recover the overpayment; or

(c) Underpayment — issue the underpayment.

(6) When the review of the IEVS match results in the discovery of previously unknown employment, the CDJFS shall secure appropriate third-party resource forms.

(J) The IEVS match investigation

The CDJFS shall investigate the IEVS match using the following guidelines:

(1) The CDJFS shall not deny, delay, or discontinue benefits while waiting for information when other evidence establishes the AG’s eligibility;

(2) The primary task of the IEVS match review is to check previous and current eligibility. The review also attempts to find and recover all overpayments whether they are AG error or agency error;

(3) The eligibility determiner’s purpose in the IEVS match is to discover the facts of the AG’s situation during the match period and to decide whether the AG received the correct amount of benefits; and

(4) Fraud investigation is an activity for the CDJFS benefit recovery unit and the county prosecuting attorney.

(K) IEVS reviews

ODJFS monitors the CDJFS IEVS activities by reviewing selected cases for timeliness, accuracy of the processing of alerts, and the safeguarding of IEVS information. Reviews are scheduled in each CDJFS agency a minimum of every three years.

Effective: 12/06/2007

R.C. 119.032 review dates: 09/12/2007 and 12/01/2012

Promulgated Under: 119.03

Statutory Authority: 5101.02 and 5107.05

Rule Amplifies: 5107.05

Prior Effective Dates: 1/1/83, 12/1/86, 3/13/87 (Emer.), 5/4/87, 9/1/89 (Emer.), 11/30/89, 1/1/90 (Emer.), 4/1/90, 1/1/93, 9/1/94, 11/1/96, 7/1/98, 7/1/99, 7/1/00, 11/1/02

Rescinded eff 9-1-08

Each individual who is not a citizen or national of the United States (U.S.) is required to provide a written declaration of alien status and provide documentation to support their alien status. The county department of job and family services (CDJFS) is required to confirm the authenticity of the documentation provided by the individual through the automated systematic alien verification for entitlements (SAVE) system.

(A) What is the written declaration of citizenship/alien status?

(1) Each individual applying for Ohio works first (OWF), prevention, retention and contingency (PRC) or refugee cash assistance (RCA) must provide a declaration in writing under penalty of perjury of the following:

(a) Whether or not the individual is a citizen or national of the U.S. or an alien in a satisfactory immigration status; and

(b) The status of all dependent children for whom assistance is requested.

(2) The written declaration of citizenship/alien status shall be considered met for all members of the assistance group when the adult, minor heads of household or authorized representative signs and dates the JFS 07200 “Request for Cash, Food Stamp and Medical Assistance” (rev. 10/2006) or the client registry information system-enhanced (CRIS-E) generated printed copy of information (PCI).

(3) Declarations on behalf of newborn children must be provided no later than the next scheduled reapplication. The declaration requirement is met by the assistance group member’s signature on the PCI signed at the face-to-face reapplication interview or the JFS 07204 “Request To Reapply for Cash and Food Assistance” (1/2009) signed for a telephone interview.

(4) Any assistance group member who is not a U.S. citizen or national must provide documentation from the U.S. citizenship and immigration services (USCIS) of their current alien status.

(B) What documents must be provided by an individual who is not a citizen or national of the U.S?

(1) The following original documents are considered acceptable verification of alien status:

(a) Alien registration card;

(i) Alien registration cards normally have an alien registration number (A-number) referencing the individual’s file at USCIS.

(ii) The A-number contains seven, eight or nine numerical digits preceded by the letter “A.”

(iii) The A-number is unique to individuals.

(b) Marriage records or court orders indicating identity, immigration status or U.S. residence of the individual. These documents are not considered adequate proof of current immigration status, but may be used to verify alien status through the secondary verification process as set forth in paragraph (C)(1)(b) of this rule.

(2) If an individual claims to have lost the original documents or the documents expire, the CDJFS shall refer the individual to the local USCIS office to request new documents.

(3) Required documentation must be provided at application or when the alien status changes.

(C) How does the CDJFS verify the authenticity of the documents provided?

(1) There are two methods of verifying the documents provided as set forth in paragraph (B) of this rule:

(a) Initial or primary verification is used to provide alien status verification within seconds of inquiry. This verification is used for most applicants.

(b) Additional or secondary verification provides a more extensive validation if problems appear in the verification of alien status. Secondary verification is required in any of the following situations:

(i) The document appears counterfeit or altered.

(ii) The individual presents unfamiliar USCIS documentation, or a document indicating immigration status, but does not contain an A-number.

(iii) A document containing an A-number in the “A60 000 000” series.

(iv) A document containing an A-number in the “A80 000 000” series.

(v) When an individual has no immigration documentation and is hospitalized, medically disabled or can otherwise show good cause for the inability to present documentation, and securing such documentation constitutes an undue hardship.

(vi) When an individual presents a foreign passport and/or form I-94 “Arrival-Departure Record” (4/00) and the “Admission for Permanent Residence” endorsement is more than one year old.

(vii) When an automated check through the SAVE system returns with a response “institute additional verification” or when there is a material discrepancy between an individual’s documentation and the record contained in the SAVE system.

(viii) When an individual claims lawful permanent (or conditional) resident status because they are a battered alien, a parent of a battered child(ren) or a victim of domestic violence.

(D) What is the SAVE system?

(1) The SAVE system is an information-sharing initiative allowing authorized staff to validate a noncitizen’s immigration status by accessing USCIS data. The USCIS protects the individual’s privacy in accordance with the Immigration and Nationality Act (INA) of 1952 and other applicable statutes. No consent for release of information is required to use SAVE.

(2) The CDJFS shall compare the information provided through the SAVE system with the documents provided by the individual. If the documentation matches in SAVE, the process is complete.

(3) SAVE does not determine eligibility for health care programs or provide information unrelated to an individual’s immigration status. It does not replace the requirement for noncitizens to provide verification of their immigration status as set forth in paragraph (B) of this rule.

(E) How does the SAVE verification affect eligibility?

(1) No eligibility determination is delayed, denied, reduced or terminated solely because of pending SAVE verification.

(2) If an individual appears eligible with available USCIS documentation and all other program eligibility criteria are met, the CDJFS shall issue benefits to the assistance group while awaiting a response from USCIS.

(3) If a discrepancy exists after receipt of information from the SAVE system, the CDJFS shall send prior notice of adverse action to the assistance group in accordance with the provisions set forth in rule 5101:6-2-04 of the Administrative Code.

(4) The provisions set forth in rules 5101:1-23-70 and 5101:1-5-50 of the Administrative Code are applicable when payments have been erroneously issued.

(F) What is the process to request verification manually?

(1) In some instances, verification through a manual process may be required if the SAVE system is unable to provide determinations of alien status in a timely manner.

(2) The manual verification process is required when the automated check or initial inspection of an individual’s documentation, or information provided from such documentation, reveals material discrepancies.

(3) Material discrepancies are defined as obvious irregularities in name, date of birth or country of birth. A slight difference in the spelling of a name is not normally a material difference.

(4) To conduct a manual verification the CDJFS shall mail the following documents to USCIS:

(a) The “Document Verification Request” (G-845) and/or the “Document Verification Request Supplement” (G-845S).

(i) The G-845 is used to verify the status of an alien for official purposes of a government agency not participating in the SAVE program.

(ii) The G-845S is submitted in conjunction with the G-845 to request verification and cannot be used alone.

(b) A copy of the individual’s original immigration documentation.

Replaces: 5101:1-1-50

Effective: 06/01/2009

R.C. 119.032 review dates: 06/01/2014

Promulgated Under: 119.03

Statutory Authority: 5107.05

Rule Amplifies: 5107.05

Prior Effective Dates: 6/1/93, 10/1/95, 7/1/98, 3/1/02, 4/1/04

(A) The state tax refund offset program (STOP) allows the offset of Ohio income tax refunds to collect delinquent aid to dependent children, temporary assistance to needy families, and Ohio works first program overpayment claims. In January of each year, the Ohio department of job and family services (ODJFS) certifies to the Ohio department of taxation (ODT) a list of applicable debtors. ODT then offsets the certified debts against income tax refunds payable to the debtors, and notifies the debtors and ODJFS of offsets which have been made.

(B) Claims referred for STOP must be past-due and legally enforceable. A claim is past-due when the county department of job and family services (CDJFS) is receiving neither regular voluntary payments nor regular involuntary payments. A claim on which payment has not been received for ninety days is subject to referral to the STOP. A claim is not considered past-due if a state hearing decision on the issue of the claim is pending; if the thirty days allowed for the assistance group’s response to a notice of overpayment has not yet expired; or if the assistance group is making payments pursuant to an agreed-upon schedule of payments. In order for a claim to be legally enforceable, the case record must contain verification that the assistance group has been notified of hearing rights concerning the claim, pursuant to rule 5101:6-2-20 of the Administrative Code. There are six additional criteria for claims to be referred to the STOP.

(1) Only properly established claims may be submitted. The CDJFS shall have electronic records and paper documents showing that the claim was properly established, pursuant to section 5107.76 of the Revised Code and rule 5101:1-23-70 of the Administrative Code.

(2) The claim balance amount is twenty-five dollars or more.

(3) The date of the initial demand letter is within ten years of the date on which the debt is certified to the STOP. An exception is that claims reduced to final court judgements are not subject to the ten year limitation.

(4) The claim has not been discharged in bankruptcy, nor is there a bankruptcy stay in effect.

(5) Each claim is submitted in the name of one individual. The entire claim balance amount is submitted for the assistance group name.

(6) Debtors are provided notice of the impending offset and of the right to a review, using an address provided by the ODT.

(C) No later than the tenth day of October of each year, ODJFS mails to the debtor an automated thirty-day notice of intent to offset. The notice informs the debtor that agency records document that: The individual is liable for a specified unpaid claim balance amount; previous notification about the claim was sent; and prior collection efforts have been made. The notice also states that the claim is past-due and legally enforceable, and that the CDJFS will refer the claim to the STOP unless the debtor pays the balance within thirty days of the date of the notice or makes other acceptable repayment arrangement. The notice includes instructions about how to pay the claim; contact someone at the CDJFS to discuss the claim and the intended offset; and request a review concerning the intent to refer the debt for offset. The following information about requesting a review is included in the notice.

(1) The request must be made in writing not later than thirty days after the date of the notice.

(2) A request must include evidence or documentation to support the debtor’s belief that the claim is not past-due or is not legally enforceable.

(3) The request must contain the debtor’s social security number.

(4) If someone other than the debtor makes a request for review on behalf of the debtor, it must include a statement, signed by the debtor, authorizing that person to represent the debtor.

(D) Each CDJFS must have nationwide toll-free telephone service available to STOP debtors during the agency’s regular business hours. The toll-free telephone number and a mailing address for the appropriate CDJFS are printed on all STOP notices to debtors. When a debtor who has received a thirty-day notice of intent to offset contacts the CDJFS, the CDJFS verifies the debtor’s identifying information, accesses the claim case information, and discusses the case with the debtor. If the debtor wishes to make arrangement for repayment, the CDJFS must inform the debtor of repayment arrangement acceptable to prevent offset.

When the debtor contacts the CDJFS in writing, the CDJFS shall determine whether the debtor is requesting a review. The CDJFS shall respond to all requests for review in writing, pursuant to paragraphs (E) to (H) of this rule.

(E) The CDJFS shall issue a review decision within fifteen days of receipt of a debtor’s request for review. The decision notifies the debtor concerning whether the claim is determined to be past due and legally enforceable.

(F) The CDJFS shall determine that the claim is past-due and is legally enforceable unless the individual documents that:

(1) The claim is not past-due or is not legally enforceable because it was already paid;

(2) The individual is not liable for the claim;

(3) A bankruptcy action prohibits collection of the claim because the debtor has filed for bankruptcy under Title 11 of the United States Code and the automatic stay under section 362 of the bankruptcy code is in effect with respect to the individual (or his or her spouse) as in effect on the effective date of this rule, or the claim was discharged by the bankruptcy proceeding; or

(4) There is another documented reason that the claim is not past-due or is not legally enforceable.

(G) Within fifteen days of the debtor’s request for review, if the CDJFS determines that the claim is past-due and legally enforceable, the CDJFS notifies the debtor in writing of the continued intent to refer the claim for offset; the entitlement to have an ODJFS review of the CDJFS decision; and instructions and time limits for requesting the ODJFS review.

(H) If the CDJFS determines that the claim is not past-due or is not legally enforceable, the CDJFS notifies the debtor in writing that the claim will not be referred for offset, and takes any action necessary to establish and/or recover the claim or other action as may be required.

(I) ODJFS shall not refer for offset any claim for which a review has been requested if:

(1) The CDJFS determines that the claim is not past-due or is not legally enforceable; or

(2) The CDJFS does not complete a requested review and does not notify the debtor of the results of that review; or

(3) ODJFS determines that a claim which it reviews is not past due or is not legally enforceable.

(J) ODJFS notifies the CDJFS and the debtor of its decision concerning any debtor’s request for review of a CDJFS review decision. If the ODJFS review decision is that the CDJFS correctly determined that the claim is past-due and legally enforceable, ODJFS notifies the debtor that any further appeal must be made through the courts. If the ODJFS review decision is that the CDJFS incorrectly determined that the claim is past-due and legally enforceable, ODJFS also notifies the CDJFS about any corrective action which must be taken with respect to the claim.

(K) If the notified debtor makes acceptable repayment arrangement, the claim is not referred for offset. For purpose of the STOP, acceptable repayment arrangement is as follows:

(1) If the claim(s) balance is five hundred dollars or less, the balance must be paid in full within thirty days of the mailing date of the thirty-day offset notice.

(2) If the claim(s) balance amount is more than five hundred dollars, payment totaling five hundred dollars and written agreement to repay the balance must be received by the CDJFS within thirty days of the mailing date of the thirty-day offset notice.

(L) Any repayment which the CDJFS receives in response to a debtor’s receipt of a thirty-day STOP notice of intent to refer a claim for offset shall be credited to the claims which are to be referred for offset. The CDJFS shall enter the repayment information into client registry information system – enhanced (CRIS-E) on the day that the repayment is received.

(M) Following the selection of a claim for potential referral, and continuing throughout the notification and offset processes, CRIS-E generates reports to each CDJFS and to ODT concerning cancellations and changes. After the certification of a debt, ODJFS sends weekly update information to ODT. Changes entered into CRIS-E, such as payment received, repayment arrangement made, decrease in claim balance, reopening of the program case, and bankruptcy filing, automatically update referral data already sent to ODT.

(N) When CDJFS or ODJFS staff become aware that a claim referred, or to be referred, for offset, does not meet all criteria for referral, ODJFS must cancel the referral. If the reason for cancellation of the referral is not one of the changes listed in paragraph (M) of this rule, the CDJFS must inform ODJFS of the inappropriate referral. For this purpose, the CDJFS shall use the “JFS 07430, “Offset Programs Referral Cancellation/Refund Request” (rev.1/2004). The CDJFS shall submit the JFS 07430 by fascimile to ODJFS within one workday after the date of the determination that the referral must be canceled. ODJFS shall update the referral file within one workday after the date of receipt of the JFS 07430.

(O) When an offset occurs, ODJFS credits the applicable claim(s) and updates CRIS-E accordingly. ODJFS also notifies the affected individual of the offset and the status of the claim(s), via an automated notice.

(P) Upon receiving notice of offset, ODJFS refunds to an individual any overcollection which results from the offset, and informs the individual of the amount of the refund by mailing an automated notice.

(Q) ODJFS and the CDJFS shall safeguard ODT information from unauthorized access and use. For the purpose of the STOP, ODT information includes printed reports and on-line CRIS-E information provided to authorized personnel. This information may be used only as needed for the administration of the STOP, and must be protected from overt and inadvertent disclosure.

Effective: 11/01/2005

R.C. 119.032 review dates: 08/16/2005 and 11/01/2010

Promulgated Under: 119.03

Statutory Authority: 5107.05, 5101.184

Rule Amplifies: 5107.05, 5101.184

Prior Effective Dates: 10/1/00