Chapter 5101:1-2 Application Process; Verification

5101:1-2-01 The application process for Ohio works first, disability financial assistance, and refugee cash assistance.

(A) Application processing definitions.

(1) “Assistance group” is a group of recipients receiving benefits together under a specific category of assistance. In the Ohio works first (OWF) program, “assistance group”, is defined in section 5107.02 of the Revised Code, and means a group of individuals treated as a unit for purposes of determining eligibility for and the amount of assistance provided under Ohio works first.

(2) An “authorized representative” is an individual, eighteen years of age or older, who stands in place of the assistance group. The authorized representative may act on behalf of individuals inside or outside the household in which the authorized representative lives.

(3) A “case” consists of one or more assistance groups.

(4) “Household” is defined as a personal place of residence. A commercial establishment such as a hotel or boarding house is not a household. However, a household can exist within a commercial establishment.

(5) The “Primary Information Person (PIP)” is the individual who completes the application if that person meets the following two conditions:

(a) The individual resides in the household; and

(b) The individual is a member of one or more of the assistance groups in the household. The PIP may elect to provide information for the determination of eligibility for his or her assistance group alone or for all assistance groups in the household. The decision rests with the PIP. If, however, during the application process the other assistance groups elect to apply independently, completing separate applications, they shall be permitted to do so.

(B) Applications and requests for information.

(1) The distinction must be drawn between a “request for public assistance” (an application) and a “request for information” (an inquiry). An inquiry will not always result in an application. Any individual has the right to apply for benefits for himself or on behalf of another individual.

(2) The application process is a series of activities which begins with a request for public assistance and ends with the authorization of benefits or a notice of denial.

(3) The application process requires the complete cooperation of the assistance group and the prompt responsiveness of the county department of job and family services (CDJFS).

(4) The application process shall be administered with courtesy, consideration, and respect.

(5) Administrative duties shall be performed in such a manner as to secure for every assistance group the full amount of benefits to which it is legally entitled according to program regulations.

(C) Application packet. At the time the application request is made, the following documents are given or sent to the applicant or authorized representative:

(1) The JFS 07200 “Request for Cash, Food Stamp, and Medical Assistance” (rev. 10/2006).

(2) “Application Information Letter” on CDJFS stationery.

(3) Preaddressed, stamped envelope for return to the CDJFS.

(4) The JFS 04059 “Explanation of State Hearing Procedures” (rev. 04/2005).

(5) The JFS 07104 “Application/Reapplication Verification Request” (rev. 10/2008).

(D) Providing an application packet upon request.

(1) The CDJFS shall provide an application upon request. When the request is made in person at the CDJFS, the application packet shall be given the same day as the request.

(2) When the CDJFS receives the request by telephone or letter, the application packet is mailed the day that the request is received.

(3) The right to apply shall not be discouraged or denied. An individual/family who appears ineligible must still be allowed to exercise the right to apply for assistance.

(E) Who must sign the application.

(1) The application must be signed and dated by one of the following individuals in order to register the application. The PIP’s signature on the application will register the application only for the assistance groups for which the PIP also meets one of the following definitions:

(a) A payee for the assistance group;

(b) A caretaker for the assistance group;

(d) A spouse or natural or adoptive parent of a member of the assistance group who is not an assistance group member, who resides with the assistance group, and can reasonably be determined to be acting responsibly for the assistance group; or

(e) An authorized representative for the assistance group.

(2) For other assistance groups identified on the application, an individual meeting one of the definitions provided in paragraph (E)(1) of this rule must sign and date the application in order to register the request for assistance for that assistance group. The CDJFS must notify the potential assistance groups of this requirement in writing no later than one working day following the interview with the PIP or at the point the PIP informs the CDJFS of his or her decision, whichever comes earlier.

(3) Since the interview may be scheduled after the actual date an application is submitted, and initial benefits are affected by the date of application, the CDJFS should provide a potential assistance group identified on the PIP’s application an opportunity to sign and date the application as soon as possible.

(4) If the PIP decides that eligibility is to be explored for only his or her assistance group, the CDJFS will determine eligibility based only on the circumstances and needs of the PIP’s assistance group.

(F) Requirements for authorized representatives.

(1) The assistance group must provide a written statement naming the authorized representative and the duties which the named authorized representative may perform on the assistance group’s behalf.

(2) When written authorization cannot be obtained because of the individual’s incompetency or incapacity, the CDJFS may waive the written statement and assist in naming a responsible party to act as authorized representative for the assistance group.

(3) The assistance group is responsible for notifying the CDJFS of any change in the named authorized representative.

(4) When the assistance group has an authorized representative named to act on its behalf, all notices and correspondence issued by the CDJFS on behalf of the assistance group must be issued to both the authorized representative and the assistance group.

(5) In situations where an authorized representative provides incorrect or fraudulent eligibility information, the assistance group may still be held liable for any overpayments that occur. The authorized representative will be held responsible for overpayments when the authorized representative is the legal guardian or legal trustee for the assistance group.

(6) If it is determined that the authorized representative has given incorrect information intentionally through no fault of the assistance group, a referral shall be made to the county prosecutor to determine if fraud occurred on the part of the authorized representative. If the prosecutor’s determination is that the authorized representative committed fraud, the authorized representative may be found liable for the overpayment.

(G) Completion of the application.

(1) The application should be filled out as completely as possible by the PIP or the individual signing and dating the application for the assistance group.

(a) If the application is completed at in the CDJFS, the person completing it may not be able to answer all of the questions completely from memory or personal knowledge.

(b) Each question on the application must be completed to the fullest extent possible and any missing information must be supplied during the interview or through the required verifications.

(c) Even though an application may not be complete, it is still considered a formal application on the date that it is submitted with the date and a signature of an individual meeting one of the definitions set forth in paragraph (E)(1) of this rule.

(2) The assistance group and/or authorized representative shall make an accurate and complete disclosure of all information necessary for a determination of eligibility. Such disclosure shall be made at the time of initial application, at reapplication, and within ten days of the date that any change specifically identified in rule 5101:1-2-20 of the Administrative Code occurs.

(3) The assistance group’s report of an impending change in circumstances does not negate its responsibility to report any change identified in rule 5101:1-2-20 of the Administrative Code as a reporting requirement within ten days from the date the change actually occurs.

(H) Application date and registration of the application.

(1) The CDJFS must accept the application on the day it is turned in to the CDJFS. The “date of application” is the date on which a signed and dated JFS 07200 is received by the CDJFS.

(2) When a signed and dated application is received by the CDJFS, the CDJFS shall provide a document that states the application date.

(3) For cases containing multiple assistance group payees, the CDJFS shall give each assistance group signing the application a receipt showing that assistance group’s date of application. For applications returned by mail, the receipt shall be provided at the interview.

(4) Upon receipt of a signed and dated application, the CDJFS shall enter the information into CRIS-E.

(5) The date of application shall not be delayed by the CDJFS because of any local office procedure. The date of the face-to-face interview shall not be used to delay the application date.

(6) The assistance group shall be given the opportunity to complete and return the application on the same date the application is requested. When this occurs, the date of application is the same day as the request.

(7) The CDJFS shall advise that the date of the application and the beginning date of benefits are dependent upon the date the signed and dated application is returned to the CDJFS provided all other eligibility factors are met on or before the date received.

(8) When a signed and dated application is returned by mail, the date of application shall be the date the CDJFS receives the application. When the CDJFS receives a signed and dated application from the social security administration, the date of application for all public assistance programs, except food assistance, shall be the date the CDJFS receives the application. All applications received by mail shall be date stamped the day received.

(9) Applications signed through the use of electronic signature techniques or applications containing a handwritten signature and then transmitted by fax or other electronic transmission are acceptable. When an application is submitted by fax or electronically filed, the date of application shall be the date the CDJFS receives the application.

(I) Role of the CDJFS in completion of the application.

(1) The CDJFS shall help complete the application when assistance is required and no other family member, close friend, authorized representative, or other appropriate individual is available.

(2) When the CDJFS assists or completes an application, the employee of the CDJFS shall sign his or her name and title/relationship to the assistance group on the application.

(3) A CDJFS employee shall not alter any answers given by the assistance group on the application. The CDJFS employee may assist in completing the application by asking the assistance group for answers needed to complete the application. The CDJFS employee may then mark or fill in the answer on the application.

(4) The normal process of inputting data provided by the applicant during the interview shall not be construed to mean that the CDJFS has assisted with the completion of the application.

(J) The interview requirement.

(1) A face-to-face interview must be scheduled as promptly as possible after the receipt of a signed and dated application to insure that an eligible assistance group receives an opportunity to participate within the time frames for completion of the application process pursuant to paragraph (N) (M) of this rule.

(2) The CDJFS may schedule a telephone interview instead of a face-to-face interview if it determines that a hardship condition exists for the assistance group, as set forth in paragraph (K) of this rule.

(3) If the primary language of the individual completing the face-to-face interview is not English, the CDJFS shall offer an interpreter at no cost to the individual. The individual shall not be required to provide his or her own interpreter or use a family member, unless they desire to do so.

(4) If the individual who satisfies the face-to-face interview requirement for the assistance group is not an assistance group member (e.g., authorized representative), and the CDJFS questions the information provided by that individual, the CDJFS retains the right to contact the assistance group to clarify the information.

(5) The interview is not complete until the individual has had an opportunity to review a “Printed Copy of the Information (PCI)”. The individual must be given the opportunity to sign the last page of the PCI, indicating that the information is accurate. Failure to sign the PCI shall not be reason to deny or close the assistance group.

(6) The CDJFS shall give a dated receipt for all documents, originals, or copies submitted. When an original document is submitted, the CDJFS shall copy the document and return the original. Every effort must be made to copy the documents prior to concluding the face-to-face interview.

(K) Waiver of the face-to-face interview.

The CDJFS shall notify the applicant that it will waive the face-to-face interview in favor of a telephone interview on a case-by-case basis because of hardship situations which the CDJFS determines warrant a waiver of the face – to -face interview. These hardship conditions include, but are not limited to:

(1) Illness;

(2) Transportation difficulties;

(3) Care of a household member;

(4) Residency in a rural area;

(5) Prolonged severe weather; or

(6) Work or training hours which prevent the assistance group from participating in an in-office interview.

The CDJFS must document in the assistance group’s case file to show when a waiver was granted because of hardship. Regardless of any approved waivers, the CDJFS must grant a face-to-face interview to any assistance group which requests one.

(L) Items to provide for the interview.

(1) JFS 08000 “Your Rights” (rev. 07/2008).

(2) JFS 07200-VR “Voter Registration Form” (8/2007) and “Notice of Rights”.

(3) JFS 07092 “Notice To Individuals Applying for or Participating in Ohio Works First (OWF) Regarding Cooperation with the Child Support Enforcement Agency (CSEA)”, (rev. 01/2008) if applicable.

(4) JFS 07357 “Grant Payment Method Authorization – Mandatory” (rev. 6/2008) or JFS 07344 “Grant Payment Method Authorization – Voluntary” (rev. 06/2008) as appropriate.

(5) A copy of the CRIS-E generated rights and responsibilities page or the JFS 07501 “Your Rights and Responsibilities” (rev. 11/2008).

(6) JFS 08024, “Domestic Violence: You Have a Right to Be Safe” (01/2008).

(M) Responsibility of the CDJFS in the application process.

(1) Assist in obtaining verification or information if requested by the assistance group;

(2) Gather medical documentation and refer the case to the disability determination unit (DDU) county medical services if a member of an assistance group has, appears to have, or alleges to have a physical or mental condition which may limit member’s ability to work pursuant to rules 5101:1-39-03 and 5101:1-5-20 of the Administrative Code;

(3) Document the eligibility determination in the running record comments;

(4) Determine eligibility as soon as possible after the application requirements are complete.

(5) Send the JFS 07092 to the child support enforcement agency (CSEA) at each time that an individual signs the form to claim good cause for refusal to cooperate with child support.

(N) Time frame for completion of the application process.

(1) The determination of eligibility shall be completed within thirty calendar days from the date of application or earlier if the CDJFS has all required documents to approve or deny the application.

(2) No more than forty-five days may elapse between the date of application and the issuance of the benefit, or the notification of the approval or denial of assistance.

(3) A disability financial assistance (DFA) application awaiting a disability determination may pend up to ninety days before the appropriate approval or denial notice is mailed.

(4) The determination of eligibility for DFA shall proceed concurrently with the determination of disability and shall be completed within forty-five days. The forty-five day standard of promptness may not be used as the basis for any denial.

(5) The time frames may be exceeded in situations where completion of the determination of eligibility is delayed because of circumstances which are considered beyond the control of the CDJFS or assistance group such as:

(a) Failure, with good cause, to secure necessary verifications;

(b) Failure or delay on the part of an examining physician to provide all needed information.

(6) When calculating the thirty, forty-five or ninety-day time periods, the following provisions are applicable:

(a) The initial day is excluded from the computation and the last day is included;

(b) When the last day of the time period falls on a Saturday, Sunday or legal holiday, the time period shall end on the next working day;

(7) If the application pends longer than thirty days, running record comments shall be documented at least every thirty days with the reason for the delay.

(O) Purpose, location, and content of the application interview.

(1) The interview is used to inform the assistance group of all required verifications, the time period in which the verifications must be submitted to the CDJFS, and the responsibility of the CDJFS to assist if help is needed in obtaining any items. The interview is also used to determine if the application has been thoroughly completed and if the information provided accurately represents the assistance group’s situation.

(2) The interview will be conducted in the CDJFS offices during normal office hours in most cases. If the interview cannot be conducted in the CDJFS offices during normal office hours, alternative locations and/or hours must be arranged.

(3) If the interview is conducted as a face-to-face interview at the CDJFS, the applicant shall be given the opportunity to review and sign the CRIS-E generated PCI. If CRIS-E is down for an extended period of time, the JFS 01846, “Case Worksheet – Cash, Food Stamp, and Medical Assistance Interview” (5/2005), and the JFS 07501 shall be used. The JFS 01846 is completed by the worker and the applicant shall be given the opportunity to review and sign the JFS 01846. A copy of the JFS 07501 shall be given to the applicant. The information on the JFS 01846 is then entered into CRIS-E.

(4) If the interview is conducted as a home visit, the CDJFS shall use either remote CRIS-E entry or the JFS 01846. The applicant shall be given the opportunity to review and sign a computer generated PCI or the JFS 01846. If the JFS 01846 is used, a JFS 07501 must be given to the applicant. The information on the JFS 01846 is then entered into CRIS-E.

(5) If the interview is conducted as a telephone interview, the CDJFS shall use either the CRIS-E interview or the JFS 01846 if CRIS-E is down or unavailable. The information on the JFS 01846 is then entered into CRIS-E. The PCI shall be mailed to the client to review, sign and return to the CDJFS. However, failure to sign or return the PCI shall not impact the assistance group’s eligibility for cash programs.

(6) Items to cover in the interview.

(a) The eligibility requirements for cash, medical and food assistance, including issuance and use.

(b) All information contained on the JFS 07501.

(c) The required verifications and information that must be provided. This will include a review of those verifications already provided and those verifications remaining to be secured. The CDJFS shall also inform the assistance group of assistance that they can provide in securing the required verifications and information.

(d) The importance of abiding by the time limits for providing the verifications and additional information. The CDJFS shall emphasize that the application cannot be processed until the verifications and additional information are submitted.

(e) The joint responsibility for exploring all the factors of eligibility and the circumstances under which the assistance group will be held responsible for presenting records or documents in its possession to support statements.

(f) The consequences for failing to accurately report the circumstances of the assistance group at the point of application and later if the circumstances should change. Possible recoupment of overpayments and/or referral to law enforcement officials for civil or criminal prosecution could result from a failure to fully and honestly report the circumstances at all times.

(g) The availability, purpose, and provision of appropriate social services programs within and outside the agency regardless of an individual’s receipt of financial assistance.

(h) The responsibility of the parent for minor children and spouses for each other.

(i) The ability of the assistance group to meet its needs pending the receipt of the first warrant.

(j) The availability of free legal services through legal aid.

(k) For individuals applying for DFA, interim assistance for individuals who have a an supplemental security income (SSI) application pending and an explanation of the SSI case management program.

(l) An explanation of eligibility of a pregnant minor or minor parent and child to receive assistance as set forth in section 5107.24 of the Revised Code.

(m) An explanation of the self-sufficiency contract (SSC) and the time limit requirements and extensions for the OWF program.

(n) An explanation of the waiver of OWF eligibility requirements due to domestic violence, including the good cause exception for refusal to cooperate with child support when applicable.

(P) Follow-up after the application interview.

(1) During the interview, the CDJFS shall request any additional verifications or information that is needed in order to process the case. The CDJFS shall use the CRIS-E generated verification checklist (or the JFS 07105 “Application/Reapplication Verification Request Checklist” (rev. 11/2000). The checklist must provide a date for the return of the verifications.

(2) If the verifications or information is not provided by the date indicated on the verification checklist, the CDJFS shall send the CRIS-E generated application follow-up letter (or the county-generated follow-up letter). The follow-up letter shall be in writing and shall be mailed or personally delivered no more than twenty days from the date of the application. The follow-up letter shall advise that the CDJFS has not received the required verification or information and that if it is not received within ten days, the CDJFS shall deny the application for OWF, DFA or refugee cash assistance (RCA).

(Q) Failure to cooperate in the application process. Failure to cooperate in the application process and the verification requirements shall result in a denial of the OWF, DFA or RCA application. Failure occurs:

(1) When the information/verification is not provided after the CDJFS properly advised what information/verification is needed to determine eligibility provided no request for assistance in obtaining information/verification is received by the CDJFS; or

(2) When the CDJFS is not given necessary information to assist in obtaining the verification needed to determine eligibility; or

(3) When the assistance group fails to participate in a scheduled application interview.

Effective: 05/01/2009

R.C. 119.032 review dates: 01/01/2013

Promulgated Under: 119.03

Statutory Authority: 329.051, 5101.49, 5107.02, 5107.03, 5107.04, 5107.05, 5115.05

Rule Amplifies: 329.051, 5101.49, 5107.02, 5107.04, 5107.05, 5107.12, 5107.121, 5107.71, 5107.711, 5107.712, 5107.713, 5107.714, 5107.715, 5107.716, 5107.717, 5115.05

Prior Effective Dates: 8/1/75, 6/1/76, 7/14/77, 12/31/77, 9/1/82, 11/1/84, 4/1/86, 10/1/87 (Emer.), 12/24/87, 4/1/88 (Emer.), 6/10/88, 7/1/88 (Emer.), 9/1/88, 10/1/88 (Emer.), 10/25/88 (Emer.), 12/20/88, 12/1/89, 4/1/90 (Emer.), 6/22/90, 8/1/90 (Emer.), 10/25/90, 1/1/91 (Emer.), 2/21/91, 4/1/91 (Emer.), 6/1/91, 7/1/91 (Emer.), 9/15/91, 10/1/91 (Emer.), 12/20/91, 7/1/92, 1/1/93 (Emer.), 2/11/93, 3/18/93, 5/1/93, 9/1/93, 1/1/94, 1/1/95 (Emer.), 4/1/95, 7/1/95, 10/1/95, 6/1/96, 10/1/96 (Emer.), 12/15/96, 10/1/97 (Emer.), 12/30/97, 7/1/98, 10/1/99, 7/1/00, 8/1/01, 5/2/05, 1/1/08

5101:1-2-10 Ohio works first/disability financial assistance/refugee cash assistance: the reapplication requirement.

(A) Reapplication process

(1) The reapplication process is a periodic review and confirmation that the assistance group continues to meet all of the eligibility requirements of the program under which benefits are being issued.

(2) A reapplication of eligibility is required as follows:

(a) Every six months for disability financial assistance (DFA), refugee cash assistance (RCA) and for Ohio works first (OWF) assistance groups not included in paragraph (A)(2)(b) of this rule.

(b) OWF assistance groups under a three-tier sanction are not required to complete a reapplication in order for the OWF benefits to be reinstated, unless required by another program, as set forth in section 5107.17 of the Revised Code.

(3) Inability to complete the reapplication within the prescribed length of time shall not interfere with the prompt payment of benefits or be the basis for termination unless the assistance group fails to cooperate with the reapplication.

(B) Responsibility of the CDJFS in the reapplication process

(1) The CDJFS is responsible for:

(a) Conducting an interview;

(b) Informing the assistance group of its required involvement and cooperation in the reapplication process;

(d) Providing an interpreter at no charge to assistance groups with limited English proficiency;

(e) Obtaining verification of information, which is new, has changed or is subject to change;

(f) Reviewing basic eligibility factors and explaining rights and reporting responsibilities;

(g) Gathering medical documentation and referring the case to the disability determination unit (DDU) if a member of an assistance group has, appears to have, or alleges to have a physical or mental condition which may limit their ability to work pursuant to rules 5101:1-39-03 and 5101:1-5-20 of the Administrative Code;

(h) Completing the reapplication in a timely manner;

(i) Updating all files upon completion of the reapplication process.

(1) The CDJFS shall conduct an interview with a member of the assistance group or its authorized representative at least every six months, except as set forth in paragraph (A)(2)(b) of this rule. The interview requirement is met through:

(a) Telephone interview; or

(b) Face-to-face interview.

(2) Telephone interview

(a) A telephone interview may be conducted instead of a face-to-face interview.

(b) The CDJFS does not need to determine whether a hardship exists.

(c) The telephone interview notice shall be mailed in advance with the date, time and telephone number that the CDJFS worker will use to contact the assistance group.

(d) The CDJFS worker will gather the same information and verifications and take the same actions during the telephone interview as during a face-to-face interview.

(e) Once completed, the CDJFS shall provide the assistance group the following documents:

(i) JFS 07105 “Application/Reapplication Verification Checklist” (rev. 11/2000), with a date for the return of the documents;

(ii) JFS 07501 “Your Rights and Responsibilities” (rev. 11/2008);

(iii) JFS 07204 “Request to Reapply for Cash and Food Assistance” (01/2009);

(iv) JFS 07200-VR “Voter Registration Form” (8/2007) and “Notice of Rights”; and

(v) Self addressed stamped envelope for return to the CDJFS.

(f) For client registry information system-enhanced (CRIS-E) purposes, the signature date is the date that the CDJFS receives the signed JFS 07204.

(g) To expedite the reapplication process, the CDJFS may send the documents identified in paragraph (C)(2)(e) of this rule with the interview appointment letter.

(h) The reapplication is not considered complete until all of the required documents are returned by the assistance group. This includes all of the documents listed on the JFS 07105.

(3) Face-to-face interview

(a) The CDJFS shall conduct a face-to-face interview if:

(i) The assistance group or authorized representative requests a face-to-face interview;

(ii) The assistance group or authorized representative does not have a telephone; or

(iii) The eligibility worker determines that it is appropriate in order to resolve eligibility determination issues for the assistance group.

(b) If the reapplication interview is conducted as a face-to-face interview the provisions set forth in paragraphs (C)(2)(e) and (C)(2)(h) of this rule are applicable, with the exception of the completion of the JFS 07204.

(c) If the reapplication interview is conducted as a face-to-face interview at the CDJFS, the recipient shall be given the opportunity to review and sign the CRIS-E generated printed copy of the information (PCI).

(4) Availability of CRIS-E

(a) If CRIS-E is down or unavailable for an extended period of time, the JFS 01846, “Case Worksheet – Cash, Food Stamps and Medical Assistance Interview” (rev. 5/2005) shall be used.

(b) The JFS 01846 is completed by the worker and the recipient shall be given the opportunity to review and sign the JFS 01846. The information on the JFS 01846 is then entered into CRIS-E at a later date.

(D) Failure to cooperate in the reapplication process Failure to cooperate in the reapplication process and the verification requirements shall result in a termination of OWF, DFA or RCA. Failure occurs:

(2) When the CDJFS is not given necessary information to assist in obtaining the verification needed to determine eligibility; or

(3) When the assistance group fails to participate in a scheduled reapplication interview.

Effective: 05/01/2009

R.C. 119.032 review dates: 07/01/2013

Promulgated Under: 119.03

Statutory Authority: 5101.02, 5101.49, 5107.03, 5107.05, 5115.05

Rule Amplifies: 5101.02, 5101.49, 5107.05, 5107.16, 5115.05

Prior Effective Dates: 8/1/75, 10/1/75, 12/31/77, 9/1/82, 9/24/83, 8/1/84, 10/20/84, 11/1/84, 12/1/84 (Emer.), 2/10/85, 8/1/86 (Emer.), 10/3/86, 10/1/87 (Emer.), 12/24/87, 4/1/88 (Emer.), 6/30/88, 7/1/88 (Emer.), 9/1/88, 9/24/88, 10/1/88 (Emer.), 12/20/88, 12/1/89, 4/1/91 (Emer.), 6/1/91, 10/1/91 (Emer.), 12/20/91, 4/1/92, 7/1/92, 1/1/93, 5/1/93, 3/1/94 (Emer.), 4/18/94, 1/1/95, 7/1/95, 5/1/97, 10/1/97 (Emer.), 10/30/97, 7/1/98, 10/1/99, 5/4/00, 5/2/05, 7/1/08

5101:1-2-15 Voter registration requirement.

(A) The National Voter Registration Act of 1993 (NVRA), Public Law 103-31, requires that individuals be given the opportunity to register to vote (or to change their voter registration address) in elections for federal office when applying for or receiving services or assistance at any office in the state that provides public assistance. The purpose of the NVRA is to establish procedures that will increase the number of eligible citizens who register to vote in elections for federal office. Public Law 103-31 requires each state to provide voter registration services at designated government agencies.

(B) Amended Substitute Senate Bill 300 (1/95) was enacted by the 120th General Assembly to require certain state agencies to register each person who is an eligible elector and to revise the conditions under which an elector can change his residence and name. Registration activities entail voter registration assistance for federal, state, and local elections. In accordance with section 3503.10 of the Revised Code, the secretary of state shall prescribe the general program for registering voters or updating voter registration information. The following paragraphs of this rule delineate the requirements established by the secretary of state.

(1) In accordance with section 329.051 of the Revised Code, each CDJFS shall provide voter registration applications and assistance in the registration of persons qualified to register to vote.

(2) The following forms and services shall be made available to all applicants/participants of public assistance programs (Ohio works first (OWF), prevention, retention and contingency (PRC), disability financial assistance (DFA), food stamp benefits and medical assistance programs) with every application, reapplication, or change of address:

(a) The voter registration form, the notice of rights, or the national mail voter registration application in lieu of the voter registration form, if requested by the individual.

(b) The applicant/participant may decline to register by either checking the “no” box or by not checking any box on the voter registration form.

(c) Declination forms are not required by the secretary of state and should not be submitted to the local county board of election. However, if an applicant/participant checks no, but completes the voter registration form, the CDJFS must send the form to the local county board of election.

(3) Assist applicants in completing the voter registration form, if requested. Each applicant/participant who requests assistance and does not decline to register to vote shall be provided the same degree of assistance with completion of the voter registration form as is provided with the completion of any public assistance application form.

(4) Accept the completed voter registration form (regardless of whether the form was distributed by the CDJFS) for transmittal to the appropriate local county board of election.

(D) Assistance in completing voter registration activities shall be made available in alternative locations, which are not within the CDJFS, wherever applications, reapplications, and address changes are taken.

(1) The CDJFS shall not:

(a) Seek to influence an applicant’s/participant’s political preference or party registration;

(b) Display or demonstrate any such political preference or party allegiance;

(c) Make any statement to an applicant/participant or take any action, the purpose or effect of which is to discourage the applicant from registering to vote; or

(d) Make any statement to an applicant/participant or take any action, the purpose or effect of which is to lead a prospective registrant to believe that a decision to register or not to register has any bearing on the availability of public assistance services or benefits.

(2) Information relating to a declination to register to vote in connection with an application made at the CDJFS may not be used for any purpose other than voter registration.

(E) CDJFS voter registration coordinator

(1) This rule shall serve as the CDJFS agency plan for voter registration requirements for the secretary of state. Each CDJFS shall establish an internal procedure for collection of all voter registration forms. The internal procedure shall include the selection of a designated individual within the agency to serve as coordinator for all activities related to the voter registration program.

(2) The coordinator shall have the following responsibilities:

(a) Collect all voter registration forms;

(b) Transmit voter registration forms to the local county board of election;

(d) Maintain an adequate supply of voter registration forms, notice of rights, and national mail voter registration applications within the agency;

(e) Monitor voter registration activities; and,

(f) Resolve questions and problems that arise, in coordination with state or county election officials.

(F) Voter registration confidentiality

(1) Confidentiality is an essential component of CDJFS voter registration procedures. The identity of the CDJFS from which voter registration forms are received shall remain confidential except as required by the secretary of state for record-keeping purposes. CDJFS confidentiality is required to ensure that the confidentiality of a public assistance applicant/participant, who may also be a voter registrant, is not compromised.

(2) Completed voter registration forms may be returned to the CDJFS in person or through another person. When voter registration forms are accepted, they shall be date stamped using a date stamp that will not disclose the identity of the CDJFS or if no such date stamp is available, the date may be written on the voter registration form.

(G) Transmission of voter registration forms

(1) The CDJFS and the local county board of election shall establish procedures by which voter registration forms shall be transmitted.

(2) Transmission of completed voter registration forms shall occur no later than five days after the date of receipt by the CDJFS. The voter registration transmission form shall be utilized for this purpose.

Effective: 07/01/2007

R.C. 119.032 review dates: 04/16/2007 and 07/01/2012

Promulgated Under: 119.03

Statutory Authority: 329.051

Rule Amplifies: 3503.10, 5101.54, 5107.05, 5108.01, 5115.05

Prior Effective Dates: 7/1/98, 11/1/02, 7/1/05

5101:1-2-20 Ohio works first (OWF), disability financial assistance (DFA), and refugee cash assistance (RCA): verification and reporting requirements.

(A) Verification

(1) “Verification” is a document or statement from a third party or collateral contact which confirms statements made by the assistance group about the assistance group’s need and/or a specific eligibility factor.

(2) Verification of all eligibility factors is required to establish initial and continuing eligibility for a cash assistance program. During all initial applications, reapplications, and changes in circumstances, verification of all eligibility factors is required, including earned and unearned income received by the assistance group. Items subject to change must be verified at the time of application, reapplication, and when a change in circumstances occurs in the assistance group. A change in circumstances includes a situation when a discrepancy in income information is discovered, and whenever wage and other income amounts change. All income of a member of the assistance group, the parent, and the stepparent living in the home must be verified. Statements as to the amount and source of income must be verified and documentation contained in the case record. The assistance group and any person whose income affects the assistance group are required to submit evidence as requested. The county department of job and family services (CDJFS) shall assist in obtaining the verification if the assistance group requests such assistance or is unable to provide it without the agency’s help.

(3) The purpose of verification is to establish that the factors of eligibility applicable to a specific cash assistance program are met and the individual or assistance group is eligible to receive benefits under the program. Verification is not an eligibility requirement in its own right, but a method for assuring that an eligibility requirement is met.

(a) It is the assistance group’s responsibility to provide the information necessary to establish eligibility and to cooperate in the verification process, including providing all required verifications.

(i) An application for assistance must be denied if an assistance group refuses to cooperate in establishing eligibility. When the assistance group payee or other adult caretaker is aware of the requirements of verification but refuses to provide both consent and necessary verification, the agency must deny or terminate assistance because eligibility cannot be established.

(ii) Benefits must be terminated if the assistance group refuses to cooperate in determining current eligibility. Assistance may not be terminated when the assistance group refuses to cooperate in validating past eligibility because past eligibility has no bearing upon present need and eligibility. The assistance group may not be compelled to cooperate in giving testimony or records which may prove guilt of a crime because of protections of the Fifth Amendment to the Constitution of the United States.

(b) When the assistance group’s own statement on the application form establishes that the individual/assistance group is ineligible for cash assistance, verification is not required. The caseworker shall confirm the statement on the application to assure it was an accurate statement and not a mistake in completing the form. The assistance group shall be advised of the right to reapply at any time.

(i) Verification of earned income is not necessary when the applicant/recipient either alleges he has not worked in the current period and there is not reason to question the statement, or reports earnings sufficiently high to make him clearly ineligible for benefits.

(ii) Verification of unearned income is not necessary when the applicant/recipient alleges unearned income sufficiently high to make him ineligible for benefits.

(iii) Verification is not required if some other factor of eligibility, such as age or citizenship, is clearly not met. Whenever such a factor is only questionable and is not yet resolved, income, both earned and/or unearned, must be verified.

(4) The CDJFS must explain what verifications and information are necessary to establish eligibility for cash assistance programs.

(a) The CDJFS is responsible for assisting in securing all the required verifications necessary to establish eligibility when the assistance group requests such assistance because of an inability to provide them without the agency’s help.

(b) The CDJFS shall explain where and how to obtain the required verifications. When the assistance group is not financially able or is not competent to secure the verification, the CDJFS shall obtain them. The financial inability or the incompetency of an individual in securing required verification shall not be interpreted as noncooperation, nor shall it be used to deny assistance.

(c) The CDJFS must obtain written consent to secure verification/information from private sources such as employers, banks, and landlords. A written consent (JFS 07341 “Applicant/Recipient Authorization For Release of Information” (rev. 4/2004)) must be obtained each time verification of an eligibility factor is required.

(5) Verification of information from public records does not require written consent.

(6) Verification need be obtained only once if the eligibility factor is not subject to change.

(7) In between reapplications, the CDJFS may obtain information about changes in the assistance group’s circumstances from which the CDJFS cannot readily determine the effect of the change on the assistance group’s benefit amount. The CDJFS may receive such unclear information from a third party or from the assistance group. The CDJFS shall pursue clarification and verification of the assistance group’s circumstances using the following procedure:

(a) The CDJFS shall issue the JFS 04219 “Request for Contact” (RFC) (rev. 2/2004) or the CRIS-E generated equivalent, which clearly advises the assistance group of the verification it must provide or the actions it must take to clarify its circumstances. The JFS 04219 or the CRIS-E generated equivalent shall afford the assistance group at least ten days to respond and to clarify its circumstances, either by telephone or by correspondence, as the CDJFS directs. It shall further state the consequences if the assistance group fails to respond to the RFC.

(b) If the assistance group does not respond to the RFC, or does respond but refuses to provide sufficient information to clarify its circumstances, the CDJFS shall issue a notice of adverse action as described in rule 5101:6-2-04 of the Administrative Code.

(c) If the assistance group responds to the RFC and provides sufficient information, the CDJFS shall act on the new circumstances and adjust the budget accordingly.

(8) In some instances, verification may not be available to either the assistance group or the agency through no fault of the assistance group. When absolute proof is not available, the eligibility determination is based on the best possible evidence. When evidence conflicts, the decision is to be based on the strongest evidence. Where information from another source contradicts statements made by the assistance group, the assistance group shall be afforded a reasonable opportunity to resolve the discrepancy prior to an eligibility determination.

(a) In situations in which there is no available verification, the CDJFS shall not deny or terminate the case but shall accept a signed affidavit, a third-party statement, notarized statement, or the statement on the application form. There are occasions when it is appropriate to determine eligibility without a recommended source of verification. In such cases, an affidavit, third-party statement, notarized statement or the statement on the application form shall be accepted as verification if the information is consistent with other facts and statements.

(b) If the statement provided is incomplete and/or inconsistent and the assistance group is unable to clarify the statement, the CDJFS is unable to establish eligibility for that eligibility factor and must deny or terminate the assistance.

(c) The CDJFS must exhaust all possibilities for verification before accepting these statements. When the normal sources of verification have been exhausted and no documentation can be obtained, the CDJFS may accept the statement referenced in paragraph (A)(8)(a) of this rule if such statements are complete and consistent with other facts and statements. The use of a statement should be on a case-by-case basis when no other approach is possible. Under no circumstance shall this approach be used for the sole purpose of meeting the promptness requirement of rule 5101:1-2-01 of the Administrative Code.

(d) Homeless individuals and migrant assistance groups may not have easy access to required verifications. The verifications may exist, but because the individual is either homeless or a migrant, the verifications may not be readily available. In order to ensure that homeless individuals and/or migrant assistance groups do not experience a lengthy delay in receiving OWF, DFA, or RCA, the following procedures shall be followed:

(i) Once the homeless individual or migrant assistance group has submitted verification of identity, the CDJFS shall approve the application for assistance if the individual appears to meet eligibility criteria based on the individual’s own statements on the application or signed affidavit, and the best evidence available.

(ii) The CDJFS must attempt to obtain verification of all other eligibility factors for the case record by the next reapplication. If the verification cannot be obtained by the next reapplication, the CDJFS shall continue the attempt and document any attempts in the case record.

(9) The methods used for verification shall be thoroughly documented in the case record. All documents submitted to the CDJFS shall be photocopied and the copy retained in the case record.

(a) A CDJFS attachment form or case recording method may be used to record the verifications obtained in conjunction with the photocopies. Documentation shall be in sufficient detail to permit a reviewer to determine the reasonableness and accuracy of the eligibility determination.

(b) When it is necessary, a telephone contact may be made by the CDJFS to secure verification. Unless the exception criteria set forth in rule 5101:1-1-03 of the Administrative Code is met, written consent from the assistance group is necessary.

(c) When verification is secured by a telephone contact, the source of the information and information obtained must be carefully recorded by the CDJFS in the case record. The recording must include all of the following information:

(i) The name of the person who gave the information and his telephone number.

(ii) The name of the agency or business contacted, if appropriate.

(iii) The date of the contact.

(iv) An accurate summary of the information secured as a result of the telephone contact.

(B) Reporting requirements

(1) All DFA, OWF, and RCA assistance groups must report any of the following changes to the CDJFS within ten calendar days of the date that the change occurs.

(a) Change in assistance group composition;

(b) An assistance group member becomes pregnant, or an assistance group member’s pregnancy ends;

(d) Withdrawal from school for individuals subject to leap or learnfare program requirements;

(e) Change in address, job or other information related to an absent parent;

(f) Change in living arrangement for a minor parent;

(g) An assistance group member violates a condition of his probation or parole;

(h) An assistance group member becomes a fugitive felon.

(2) All DFA assistance groups must report any of the following changes to the CDJFS within ten calendar days of the date that the change occurs:

(a) Change in the amount of available cash, stocks, bonds or money in a bank or savings account if the total of the family group’s resources equal or exceed the resource limit as set forth in rule 5101:1-5-30 of the Administrative Code.

(b) Receipt of a non-recurring lump-sum payment.

(3) In addition, the following income-related changes must be reported by DFA, OWF, and RCA assistance groups to the CDJFS within ten calendar days of the date that the change occurs:

(a) Change in the source of earned or unearned income. This includes new employment, loss of employment, changing of jobs and initial receipt of unearned income;

(b) Change in the amount of gross monthly income of more than twenty-five dollars;

(4) If changes other than those which are required to be reported as specified in paragraphs (B)(1)(a) to (B)(3)(c) of this rule are reported to the CDJFS, the CDJFS must continue to act on all reported changes in accordance with the provisions set forth in rules 5101:1-2-01, 5101:1-5-50, and 5101:1-23-60 of the Administrative Code.

(5) The CDJFS shall use the time frame provisions set forth in paragraphs (M)(6)(a) to (M)(6)(c) of rule 5101:1-2-01 of the Administrative Code when calculating the ten day reporting time period.

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, 5115.05

Rule Amplifies: 5101.02, 5107.05, 5115.05

Prior Effective Dates: 10/1/75, 9/1/82, 8/1/86 (Emer.), 10/3/86, 10/1/87 (Emer.), 12/24/87, 4/1/88 (Emer.), 6/30/88, 10/1/88 (Emer.), 12/20/88, 3/1/89 (Emer.), 5/28/89, 10/1/91(Emer.), 12/20/91, 5/1/97, 7/1/98, 7/1/00, 7/1/01, 11/1/02

5101:1-2-30 Citizenship: Ohio works first and disability financial assistance.

(A) An individual must be a citizen of the United States (U.S.), a qualified alien, or meet the requirements as set forth in paragraph (C) of this rule to be eligible for Ohio works first (OWF) or disability financial assistance (DFA).

(B) Definitions.

(1) “Alien” is anyone in the U.S. who is not a U.S. citizen or national.

(2) “Asylee” means a person who seeks asylum and is already present in the U.S. when he or she requests permission to stay. Asylees must be granted asylum status to remain in the U.S.

(3) “Federal means-tested public benefit” is a benefit in which eligibility for the benefit or the amount of the benefit, or both, is determined on the basis of income or resources of the assistance group seeking the benefit. Federal means-tested public benefits include food stamps (including the food assistance block grant programs in Puerto Rico, the Commonwealth of Northern Marianna Islands and American Samoa), OWF and supplemental security income (SSI).

(4) “Illegal alien” (or “undocumented immigrant”) is defined as someone who enters or lives in the U.S. without official authorization, either by entering without inspection by the department of homeland security (DHS), overstaying his or her visa, or violating the terms of his or her visa.

(5) “Immigrant” is a general term for new arrivals. This term includes legal immigrants, refugees, asylees, and parolees.

(6) “Lawful permanent resident (LPR)” is an alien who lives in the U.S. permanently and qualifies as a refugee, asylee, or immigrant, or who has been granted amnesty.

(7) “Nonimmigrant” is an alien who is allowed to enter the U.S. for a specific purpose and for a limited period of time (e.g., tourist, student, business visitor).

(8) “Non-qualified alien” is an alien who is not a qualified alien as defined in this rule.

(9) “Parolee.” The justice department has discretionary authority to permit certain persons or groups to enter the U.S. in an emergency or because it serves an overriding public interest. These entrants are granted temporary residence, are ineligible for special federal benefits and are not on a predetermined path to lawful permanent resident status.

(10) “Permanently residing under color of law (PRUCOL)” status means that an alien is considered to be legally residing in the U.S. for an indefinite period of time. PRUCOL is not a method for entering the country, but indicates that an individual is legally present under statutory authority and may remain under administrative discretion.

(11) “Qualified alien” is an alien who at the time the alien applies for, receives, or attempts to receive OWF or DFA is:

(a) Lawfully admitted for permanent residence under the Immigration and Nationality Act (INA) (1952), which includes a:

(i) Permanent resident alien who is a member of an Indian tribe, as defined in section 4(c) of the Indian Self-Determination and Education Assistance Act 25 U.S.C. 450b(e) (2004); or

(ii) Permanent resident entrant under “Title 8 Code of Federal Regulations (CFR)” section 289 (1964) with evidence that she or he was born in Canada, has at least fifty per cent native American blood, and has established and maintained residence in the U.S.

(b) Granted asylum under section 208 of the INA. Eligibility is limited to five years from the date asylum is granted;

(c) A refugee who is admitted to the U.S. under section 207 of the INA. Eligibility is limited to five years from the date of entry into the U.S. Refugees who become legal permanent residents are eligible from the date of entry into the U.S.;

(d) Paroled into the U.S. under section 212(d)(5) of the INA for a period of at least one year;

(e) An alien whose deportation is being withheld under section 243(h) or 241(b)(3) of the INA;

(f) Granted conditional entry pursuant to section 203(a)(7) of the INA as in effect prior to April 1, 1980;

(g) A Cuban or Haitian entrant, pursuant to 45 CFR, 401 (1982), who is defined as:

(i) Any individual granted parole status as a Cuban/Haitian entrant (status pending) or granted any other special status subsequently established under the immigration laws for nationals of Cuba or Haiti, regardless of the status of the individual at the time assistance or services are provided; and

(ii) Any other national of Cuba or Haiti who:

(a) Was paroled into the U.S. and has not acquired any other status under the INA; or

(b) Is the subject of exclusion or deportation proceedings under the INA; or

(c) Has an application for asylum pending with the U.S. citizenship and immigration services (USCIS); and

(d) With respect to whom a final, nonappealable, and legally enforceable order of deportation or exclusion has not been entered.

(iii) Eligibility is limited to five years from the date the status as a Cuban or Haitian entrant was granted.

(h) Certain Amerasians pursuant to 45 CFR 400.43(a)(5) (1986), who are admitted to the U.S. as immigrants pursuant to section 584 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988. Eligibility is limited to five years from the date admitted as an Amerasian.;

(i) An alien or alien’s child who has been battered or subjected to extreme cruelty, or an alien child of a battered parent. This shall not apply to an alien during any period in which the individual responsible for such battery or cruelty resides in the same household or assistance group as the individual subjected to such battery or cruelty. The county department of job and family services (CDJFS) shall use the following criteria to evaluate whether an individual meets the definition of a “qualified alien” as the result of an assertion of battery or cruelty:

(i) An alien who has been battered or subjected to extreme cruelty in the U.S. by a spouse or a parent, or by a member of the spouse or parent’s family residing in the same household as the alien and the spouse or parent consented to, or acquiesced in, such battery or cruelty, but only if (in the opinion of the CDJFS) there is a substantial connection between such battery or cruelty and the need for the benefits to be provided, and has been approved or has a petition pending which sets forth a prima facie case for one of the following:

(a) Status as a spouse or a child of a U.S. citizen pursuant to clause (ii), (iii), or (iv) of section 204(a)(1)(a) of the INA; or,

(b) Classification pursuant to clause (ii) or (iii) of section 204(a)(1)(b) of the INA; or

(c) Suspension of deportation and adjustment of status pursuant to section 244(a)(3) of the INA; or

(d) Status as a spouse or child of a U.S. citizen pursuant to clause (i) of section 204(a)(1)(a) of the INA, or classification pursuant to clause (i) of section 204(a)(1)(b) of the INA.

(ii) An alien whose child has been battered or subjected to extreme cruelty in the U.S. by a spouse or a parent of the alien (without the active participation of the alien in the battery or cruelty), or by a member of the spouse or parent’s family residing in the same household as the alien and the spouse or parent consented or acquiesced to such battery or cruelty, and the alien did not actively participate in such battery or cruelty, but only if (in the opinion of the CDJFS) there is a substantial connection between such battery or cruelty and the need for the benefits to be provided and who meets the requirement of paragraph (B)(12)(i)(i) of this rule.

(iii) An alien child who:

(a) Resides in the same household as a parent who has been battered or subjected to extreme cruelty in the U.S. by that parent’s spouse or by a member of the spouse’s family residing in the same household as the parent and the spouse consented or acquiesced to such battery or cruelty, but only if (in the opinion of the CDJFS) there is a substantial connection between such battery or cruelty and the need for the benefits to be provided; and

(b) Meets the requirements of paragraph (B)(12)(i)(i) of this rule.

(12) “Qualifying quarters.” In determining the number of qualifying quarters of coverage under Title II of the Social Security Act (2005) an alien shall be credited as follows:

(a) All of the qualifying quarters of coverage worked by a natural or adoptive parent can be credited if the quarters were worked before the date the alien attains age eighteen; and

(b) All of the qualifying quarters worked by a spouse of such alien during their marriage if the alien remains married to such spouse or such spouse is deceased.

(c) A qualifying quarter does not include any quarter, after December 31, 1996, in which the individual worked and also received a federal means-tested public benefit.

(13) “Refugee” is a person who flees his or her country due to persecution or a well-founded fear of persecution because of race, religion, nationality, political opinion, or membership in a social group.

(14) “Special Immigrants” are Afghan and Iraqi aliens granted “Special Immigrant Visa” status under section 101(a)(27) of the INA in accordance with PL 110-161 of the Consolidated Appropriations Act of 2008 and PL 110-181, National Defense Authorization Act of 2008.

(15) “United States citizen” is an individual who was born in the U.S. or was naturalized as a citizen. The U.S. is defined as including the fifty states, District of Columbia, Puerto Rico, Guam, Virgin Islands. “United States citizen” also includes nationals from American Samoa or Swain’s Island.

(16) “Victims of severe forms of trafficking.” Severe forms of trafficking in persons means:

(a) Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained eighteen years of age; or

(b) The recruitment, harboring, transportation, provision, or obtaining of a person for labor or service, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

(17) “Indefinite detainee or lifer” is a non-citizen who has served time for a criminal conviction and has received a final order of removal by USCIS but remains indefinitely in the U.S. because neither his or her home country nor any other country will accept him or her.

(C) An alien who is lawfully residing in the U.S. as of August 22, 1996, shall continue to meet the citizenship requirements for OWF and DFA. The alien:

(1) Does not have to meet the definition of a qualified alien; or

(2) Did not have to be receiving assistance prior to August 22, 1996; or

(3) May have entered the U.S. more than five years ago.

(D) Five-year period of ineligibility for benefits for qualified aliens.

(1) An alien who is a qualified alien and enters the U.S. on or after August 22, 1996 does not meet the citizenship requirement for OWF or DFA for a period of five years beginning on the date of the alien’s entry into the U.S. with a status within the meaning of the term “qualified alien.”

(2) The following additional criteria apply in the determination of the beginning of the five-year period:

(a) For Cuban and Haitian entrants as defined in paragraph (B)(12)(g) of this rule, the five year period is computed from the date the status as a Cuban-Haitian entrant is granted;

(b) For Amerasians as defined in paragraph (B)(12)(h) of this rule, the five year period is computed from the date the individual was admitted into the U.S. as an Amerasian immigrant.

(3) Exceptions to the period of ineligibility for benefits set forth in paragraph (D) of this rule are:

(a) Qualified aliens as defined in paragraphs (B)(12)(b), (B)(12)(c), (B)(12)(e), (B)(12)(g), and (B)(12)(h) of this rule have potential eligibility for OWF and DFA for five years from date of entry into the U.S. as defined in paragraphs (D)(1) and (D)(2) of this rule.

(b) Victims of severe forms of trafficking are potentially eligible for benefits and services to the same extent as an alien admitted to the U.S. as a refugee under Section 207 of the INA in accordance with rules 5101:1-2-30.1 and 5101:1-2-30.3 of the Administrative Code.

(c) Indefinite detainees or lifers after being convicted to a crime that triggers a final order of removal, may have a status that makes them potentially eligible for refugee cash assistance (RCA), OWF or DFA in accordance with rule 5101:1-2-30.2 of the Administrative Code.

(d) Aliens who are lawfully admitted to the U.S. for permanent residence under the INA and have worked forty qualifying quarters of coverage under Title II of the Social Security Act or can be credited with such qualifying quarters, and, in the case of any such qualifying quarters creditable for any period beginning after December 31, 1996, did not receive any federal means-tested public benefit during any such quarter.

(e) Veterans and active duty service personnel who are lawfully residing in Ohio and are:

(i) A veteran with a discharge characterized as an honorable discharge and not on account of alienage; or

(ii) On active duty (other than active duty for training) in the armed forces of the U.S., as defined in section 5303 A (d) of Title 38, United States Code (U.S.C) 2007.

(f) A spouse or unmarried dependent child of an individual identified in paragraphs (D)(3)(e)(i) or (D)(3)(e)(ii) of this rule.

(g) The surviving spouse of a deceased veteran or individual on active duty, provided the spouse has not remarried and the marriage fulfills the requirements of 38 United States Code (U.S.C) 1304 (2004):

(i) Married for at least one year; or

(ii) Married before the end of a fifteen-year time span following the end of the period of military service in which the injury or disease was incurred or aggravated; or

(iii) Married for any period if a child was born before or during the marriage.

(h) Military personnel who die during active duty service, as defined in sections 38 U.S.C. 1101 and 38 U.S.C. 1301 (2004); and Filipinos described in section 38 U.S.C. 107 (2004). These are individuals who served in the Philippine Commonwealth army during World War II or as Philippine Scouts following the war.

(i) Special immigrants identified in paragraph (B)(15) of this rule are exempt from the five year period of ineligibility for receipt of federal means-tested TANF assistance for a time-limited period. The time-limited exemption period for Afghan special immigrants is six months from the date of entry into the U.S. The time-limited exemption for Iraqi special immigrants is eight months from the date of entry into the U.S. Iraqi and Afghan special immigrants are eligible for resettlement assistance, entitlement programs, and other benefits the same as refugees admitted under section 207 of the INA. Once the six or eight month exemption period ends, the special immigrant would no longer be exempt from the five-year bar on receipt of a federal means-tested public benefit. The special immigrant is a legal permanent resident (LPR) and is subject to the same treatment as other LPRs.

(4) An individual who is subject to the five-year period of ineligibility delineated in paragraph (D)(1) of this rule and has been in the U.S. longer than the period of ineligibility, must either have become a citizen or meet one or more of the criteria set forth in paragraphs (D)(3)(c) to (D)(3)(f) of this rule in order to meet the citizenship requirements for the public assistance programs set forth in this rule.

(5) An individual who has potential eligibility for benefits in accordance with paragraph (D)(3)(a) of this rule and has been in the U.S. longer than the designated period of potential eligibility as set forth in paragraph (D)(3)(a) of this rule, must either have become a citizen or meet one or more of the criteria set forth in paragraphs (D)(3)(c) to (D)(3)(f) of this rule in order to meet the citizenship requirements for the public assistance programs set forth in this rule.

(E) Each category of eligible alien status stands alone for purposes of determining eligibility. Subsequent adjustment to a more limited status does not override eligibility based on an earlier less rigorous status. Likewise, if eligibility expires under one eligible status, the CDJFS must determine if eligibility exist under another status.

Effective: 10/01/2008

R.C. 119.032 review dates: 10/01/2008

Promulgated Under: 119.03

Statutory Authority: 5107.05, 5115.05

Rule Amplifies: 5107.05, 5115.05

Prior Effective Dates: 8/1/75, 12/28/79, 1/1/81, 6/1/82, 7/1/88 (Emer.), 9/25/88, 7/1/95, 10/31/95, 10/1/96 (Emer.), 12/15/96, 5/1/98 (Emer.), 7/1/98, 1/1/999, 8/1/01, 3/2/02, 11/1/02, 11/1/06

5101:1-2-30.1 Benefit eligibility: victims of trafficking.

(A) The Trafficking Victims Protection Act of 2000, Public Law No. 106-386, Division A, 114 Statute 1464 (2000) makes victims of severe forms of trafficking eligible for benefits and services to the same extent as an alien who is admitted to the United States (U.S.) as a refugee under Section 207 of the Immigration and Nationality Act (INA) (1997).

(1) Adult victims of severe forms of trafficking shall be certified by the U.S. department of health and human services (HHS).

(2) Individuals under age eighteen who are victims of severe forms of trafficking do not need to be certified.

(B) Definition Under Section 103(8) of the Trafficking Victims Protection Act of 2000, the term “severe forms of trafficking in persons” means:

(1) Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained eighteen years of age; or,

(2) The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

The office of refugee resettlement (ORR) within HHS will make certification determinations and issue notarized letters of certification for adult victims of severe forms of trafficking. Children under eighteen years of age who are determined to have been subjected to a severe form of trafficking do not need to be certified in order to receive benefits. ORR will issue notarized letters, similar to adult certification letters, stating that a child is a victim of a severe form of trafficking. Only the ORR certification letter or eligibility letter for children shall be accepted as proof of certification under this rule.

(1) Certification letters for adults and eligibility letters for children shall not contain expiration dates.

(2) Expired letters are reissued by the ORR with a lowercase “r” beside the HHS tracking number confirming that the individual continues to meet certification requirements.

(D) County department of job and family services (CDJFS) procedure

The CDJFS shall:

(1) Accept the original certification letter or eligibility letter for children in place of the citizenship and immigration service (CIS) documentation and retain a copy in the case file. Victims of severe forms of trafficking are not required to provide any other immigration documents to receive benefits.

(2) Call the trafficking verification telephone line to confirm the validity of the certification letter before providing benefits. During the verification telephone call, the CDJFS shall notify the ORR of the benefits for which the victim of trafficking has applied.

The systematic alien verification for entitlements (SAVE) system does not contain information about victims of severe forms of trafficking. The CDJFS shall not contact the SAVE system to confirm eligibility for benefits.

(3) Confirm identity. Benefits shall not be automatically denied if the individual is unable to provide verification of identity. The CDJFS shall call the trafficking verification telephone number for assistance.

(4) Assist in obtaining a social security number. The CDJFS shall not delay, deny, or discontinue assistance to any eligible applicant because he or she does not have a social security number. If an individual is required to provide or apply for a social security number for another benefit program, such as medicaid, Ohio works first (OWF), or food stamps; or the victim of severe forms of trafficking does not yet have or is unable to obtain a social security number for work purposes, the individual shall:

(a) Complete the SS-5, “Social Security Administration Application for a Social Security Card” form;

(b) Provide all department of homeland security (DHS) documents;

(d) Provide a state identification card or driver’s license.

(5) Once the certification letter or eligibility letter for children is received and the validity of the document is verified by calling the trafficking verification line, the CDJFS shall note the individual’s “entry date” for refugee benefit purposes. The entry date is the date of certification. The certification date appears in the body of the certification eligibility letter or letter for children.

(6) Determine eligibility or redetermine eligibility in accordance with the appropriate program rules. If an individual presents an expired certification letter when applying for benefits or when a redetermination is being completed and the CDJFS finds that a certification letter has expired, the agency shall call the ORR toll-free trafficking verification line at (866) 401-5510 for assistance.

(7) Issue benefits. If the applicant meets other program eligibility criteria (e.g., income levels), the individual shall receive benefits and services to the same extent as a refugee.

(E) Individuals without certification from ORR

If a CDJFS encounters an individual or a child that is believed to meet the definition of a victim of a severe form of trafficking, but the individual has no certification, the CDJFS shall contact the appropriate contact person at ORR.

If the CDJFS encounters a child believed to have been subjected to a severe form of trafficking who lacks an eligibility letter for children, the CDJFS shall contact the appropriate contact person at ORR.

Effective: 09/01/2008

R.C. 119.032 review dates: 06/11/2008 and 09/01/2013

Promulgated Under: 119.03

Statutory Authority: 5101.02, 5101.49, 5107.05, 5115.05

Rule Amplifies: 5101.02, 5101.49, 5107.05, 5115.05

Prior Effective Dates: 3/1/02, 11/1/02, 7/1/05

5101:1-2-30.2 Benefit eligibility: indefinite detainees/lifers.

Indefinite detainees or lifers are non-citizens who, after having served time for a criminal conviction and being given a final order of removal by the department of homeland security (DHS) United States citizenship and immigration services (USCIS), remain indefinitely in the United States (U.S.) because their home country and no other country will accept them. The U.S. supreme court issued a decision on June 28, 2001, that the law limits an alien’s detention to a period reasonably necessary to bring about that alien’s removal from the U.S., and does not permit indefinite detention.

(A) Some aliens with final orders of removal may have come to the U.S. as refugees or may have a status that makes them eligible for refugee cash assistance (RCA) benefits. These individuals most likely will not have documentation of their original status.

(B) Some individuals released from indefinite detention by federal immigration authorities may meet the definition of a Cuban/Haitian entrant.

(C) The DHS systematic alien verification for entitlements (SAVE) program will not be able to provide the needed eligibility information through primary verification. Secondary verification may provide some verification but may not have needed information and will not arrive in a timely manner.

(D) When determining status of an applicant who receives a final order of removal, but who has been released from detention because he/she cannot be removed to his/her home country or any other country, an applicant should present:

(1) An order of supervision (CIS I-220 B). The order of supervision should include the individual’s alien registration number and notation concerning exclusion, deportation or removal.

(2) The individual may also have an employment authorization document (CIS form I-688B) showing section 274a.12 (c) (18) as the provision of law.

(E) The county department of job and family services (CDJFS) shall:

(1) Collect the following available information from the applicant;

(a) Name;

(b) Alien registration number (“A number”);

(d) Social security number;

(e) Home country;

(f) Number on the I-94;

(g) Parents’ name;

(h) Copies of any immigration documents.

(2) Call the office of refugee resettlement (ORR) contact person at (202) 401-4604 or e-mail pgleason@acf.hhs.gov to inform him/her about the need for an eligibility determination for an indefinite detainee.

(3) Send a fax with the collected information from the applicant and contact information for eligibility determiner handling the case at the CDJFS, to the office of refugee resettlement at (202) 401-0981 or (202) 401-5487. The ORR will work with the CIS to determine applicant’s original status; entry date and eligibility.

(4) After information has been received by the CDJFS, the ORR contact person may contact the CDJFS for additional information. The ORR will notify the CDJFS of applicant’s status, entry date and eligibility by fax.

(5) Based upon the information received from ORR, the CDJFS shall determine eligibility of the indefinite detainee or lifer for RCA benefits in accordance with rule 5101:1-2-40 of the Administrative Code.

Effective: 11/01/2006

R.C. 119.032 review dates: 07/31/2006 and 11/01/2011

Promulgated Under: 119.03

Statutory Authority: 5101.02, 5101.49, 5107.05, 5115.05

Rule Amplifies: 5101.02, 5101.49, 5107.05, 5115.05

Prior Effective Dates: 11/1/02

5101:1-2-30.3 Benefit eligibility: family members of victims of trafficking.

(A) The Trafficking Victims Protection Reauthorization Act (TVPA) of 2005 Public Law 109-164 strengthens and expands human trafficking laws and combats domestic trafficking by targeting the sex trade industry. Similar to the Reauthorization Act of 2003, the Reauthorization Act of 2005 authorizes appropriations and amendments to the Trafficking Victims Protection Act (TVPA) of 2000 and authorizes new funds for investigation and prosecution of domestic trafficking within the United States.

(1) The TVPA of 2003, Public Law 108-193 made certain family members of victims of a severe form of trafficking eligible for benefits and services to the same extent as refugees. Holders of T-2, T-3, T-4, or T-5 visas (collectively referred to as “Derivative T Visas”) are eligible provided they meet refugee program eligibility requirements.

(2) When a “T” visa is awarded to an alien who is under twenty-one years of age as of the date the “T” visa application was filed, “Derivative T” visas are available to the spouse, children, unmarried siblings under eighteen years of age, and parents of the alien.

(3) When a “T” visa is awarded to an alien twenty-one years of age or older as of the date the T visa application was filed, the “Derivative T” visas are available to the spouse and children of the alien.

(B) Date of entry for purpose of eligibility

(1) For an individual who is already present in the United States (U.S.) on the date the “Derivative T” visa is issued, the date of entry for benefits and services is the notice date on the I-797 form, “Notice of action of approval” of that individual’s “Derivative T” visa.

(2) For an individual who enters the U.S. on the basis of a “Derivative T” visa, the date of entry for benefits and services is the date of entry stamped on that individual’s passport or I-94 arrival record.

The CDJFS shall:

(1) Accept the non-immigrant (an alien who is allowed to enter the United States for a specific purpose and for a limited period of time) T-2, T-3, T-4, or T-5 visa.

(2) Call the trafficking verification telephone line to notify the office of refugee resettlement (ORR) of the benefits for which the individual has applied.

The systematic alien verification for entitlements (SAVE) system does not contain information about nonimmigrant alien family members. The CDJFS shall not contact the SAVE system to confirm eligibility for benefits.

(3) Determine and issue benefits to the same extent as a refugee, provided the “Derivative T” visa holder meets all program eligibility requirements.

Effective: 09/01/2008

R.C. 119.032 review dates: 06/11/2008 and 09/01/2013

Promulgated Under: 119.03

Statutory Authority: 5101.02, 5101.49, 5107.05, 5115.05

Rule Amplifies: 5101.02, 5101.49, 5107.05, 5115.05

Prior Effective Dates: 7/1/05

5101:1-2-35 Sponsor-to-alien deeming requirements: OWF and DA.

(A) In order to determine the eligibility for and amount of benefits to certain non-citizens (aliens), the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996 as amended by the Illegal Immigration Reform Act of 1996 (IIRIRA) and the Balanced Budget Act (BBA) of 1997 requires the attribution of a sponsor’s income and resources to the alien. A sponsor is anyone who executes an affidavit(s) of support on behalf of an alien as a condition of the alien’s entry into the United States (U.S.). The I-864, “Affidavit of Support” under section 213A of the Immigration and Nationality Act (INA) (1954) has been developed for the determination of the sponsor-deeming directive. Only lawful permanent residents (LPRs) as defined in paragraph (B)(6) of rule 5101:1-2-30 of the Administrative Code, whose sponsor signs an I-864 affidavit may be subject to the deeming requirement. The county department of job and family services (CDJFS) shall consider the sponsor deeming requirements set forth in this rule when determining eligibility.

(1) When an alien who is sponsored pursuant to an I-864 affidavit applies for assistance, the CDJFS must deem the sponsor’s income and resources as well as the income and resources of the sponsor’s spouse to the alien. This deeming applies until the alien becomes a U.S. citizen, has earned or can be credited with, forty qualifying quarters of work as defined in paragraph (B)(11) of rule 5101:1-2-30 of the Administrative Code, departs the U.S. permanently or dies.

(2) When the income or resource of a spouse or any other household member is being used to qualify an alien for sponsorship, an I-864A, “Contract Between Sponsor and Household Member” must be completed.

(3) When an alien whose sponsor signed an I-864 affidavit on or after December 12, 1997, applies for Ohio works first (OWF) or disability financial assistance (DFA) benefits, he or she is subject to the deeming requirement upon the expiration of the five-year ban for receipt of OWF or DFA benefits in accordance with paragraph (D)(1) of rule 5101:1-2-30 of the Administrative Code.

(B) The sponsor deeming requirement does not apply to the following non-citizen assistance groups:

(1) An alien who is a minor child if the sponsor of the alien or any spouse of the sponsor is a parent of the alien;

(2) An alien admitted to the U.S. as a refugee under section 207 of the INA;

(3) An alien paroled into the U.S. under section 212 (D)(5) of the INA for a period of at least one year;

(4) An alien granted political asylum by the attorney general of the U.S. under section 208 of the INA;

(5) A LPR who applied for an immigrant visa at a consular office or adjustment of status to LPR before December 19, 1997;

(6) A qualified alien who is sponsored by an organization or who is not a LPR and who is not required to have a sponsor;

(7) A victim of a severe form of trafficking, as defined in paragraph (B)(14) of rule 5101:1-2-30 of the Administrative Code;

(8) Certain family members of a victim of a severe form of trafficking in accordance with rule 5101:1-2-30.3 of the Administrative Code;

(9) A LPR entering in employment or other nonfamily categories, such as the diversity category (i.e., lottery immigrants) where a person did not have to sign the I-864 affidavit;

(10) An alien or alien’s child who have been determined to be a victim of domestic violence or extreme cruelty is exempt for a period of twelve months:

(a) The CDJFS may use any credible evidence of abuse that is available to make a determination. This would include, but is not limited to reports or affidavits from police, judges, other court officials, medical personnel, school officials, clergy, social workers, other social service agency personnel, protection orders, affidavits from family members or others who have a personal knowledge of the battery or extreme cruelty, photographs of injuries, and the applicant’s own creditable affidavit.

(b) The deeming exemption may not apply to the alien’s benefits during any period in which the individual responsible for such battery or cruelty resides in the same household or family eligibility unit as the individual who was subjected to such battery or cruelty.

(c) The exemption can be extended beyond twelve months if the abuse or cruelty is recognized by a court order, an administrative law judge or the bureau of citizenship and immigration services (BCIS), and the victim does not live with the batterer. However, the CDJFS must notify the cash assistance policy section of each such determination so that information may be forwarded to the BCIS. The name of the sponsor(s) and the sponsored LPR involved should be provided;

(11) An alien or alien’s child who has been battered or subjected to extreme cruelty or an alien child of a battered parent, as defined in paragraph (B)(10)(i) of rule 5101:1-2-30 of the Administrative Code is exempt from sponsored alien deeming provisions;

(12) An indigent alien who has been determined by the CDJFS to be unable to obtain food and shelter taking into account the alien’s own income plus any cash, food, housing, or other assistance provided by other individuals, including the sponsor. In this instance, only the amount of income and resources actually provided by the sponsor or sponsor’s spouse should be considered. The exemption is granted for a twelve-month period beginning on the date the determination is made. The CDJFS shall notify the cash assistance policy section of the name of the sponsor(s) and the sponsored LPR involved for referral to the BCIS;

(13) An alien who earned or can be credited with forty qualifying quarters of work as defined in paragraph (B)(11) of rule 5101:1-2-30 of the Administrative Code; and

(14) An alien whose sponsor signed an affidavit(s) of support other than the I-864 affidavit of support.

(C) In some cases, an alien may have two sponsors, both of whom executed an I-864 and an I-864A affidavit. In this situation, the income and resources of both the primary and joint sponsor(s), as well as their respective spouses must be deemed to the sponsored LPR.

(D) An alien sponsored pursuant to an I-864 and an I-864A affidavit shall be required to provide such information and documentation with respect to the alien’s sponsor as may be necessary in order to make a determination of eligibility required by this rule, and to obtain any cooperation from the sponsor necessary for any such determination. This includes such information and documentation which the alien or the alien’s sponsor provided in support of the alien’s immigration application.

(E) When an I-864 and an I-864A affidavit have been executed, the CDJFS shall deem all the income and resources of the sponsor and the sponsor’s spouse to the sponsored alien and any member of the alien’s assistance group who is named on the I-864 affidavit. The sponsor and sponsor’s spouse do not have to reside in the household of the sponsored alien or any member of the alien’s assistance group for the deeming provision to apply.

(1) The income of the sponsor and the sponsor’s spouse shall be deemed in accordance with the income allocation methodology in paragraph (G) of rule 5101:1-23-20 of the Administrative Code.

(2) Resources of the sponsor and the sponsor’s spouse shall be deemed in accordance with rule 5101:1-5-30 of the Administrative Code. Deemed income shall be considered unearned income and resources equally divided and budgeted among the sponsored aliens. This deeming applies until the alien meets one of the requirements outlined in paragraph (A)(1) of this rule.

(F) When an accepted I-864 and an I-864A affidavit provides that an alien is not excludable as a public charge, the sponsor agrees to financially support the alien so that the alien will not become a public charge. Upon notification that a sponsored alien has received a benefit, the CDJFS shall request reimbursement by the sponsor for the alien’s assistance. A public charge means an alien who has become (for deportation purposes) or who is likely to become (for admission/adjustment purposes) primarily dependent on the government for subsistence.

Replaces: 5101:1-2-35

Effective: 11/01/2006

R.C. 119.032 review dates: 11/01/2011

Promulgated Under: 119.03

Statutory Authority: 5107.03, 5107.05, 5107.76, 5115.03, 5115.05

Rule Amplifies: 5107.03, 5107.05, 5107.76, 5115.03, 5115.05

Prior Effective Dates: 10/1/81, 12/1/82, 7/1/83, 10/1/84 (Emer.), 12/27/84, 10/1/87 (Emer.), 12/24/84, 4/1/86, 10/1/87, 7/1/88 (Emer.), 9/25/88, 1/1/94, 6/11/95, 10/1/96 (Emer.), 12/15/96, 1/26/98, 7/1/98, 3/1/02

5101:1-2-40 Refugee resettlement program: refugee cash assistance (RCA).

(A) Components of the refugee resettlement program:

There are three components of the refugee resettlement program:

(1) Refugee cash assistance provides cash payment to eligible refugees. Ohio operates a publicly-administered RCA program modeled after Ohio’s temporary assistance for needy families (TANF) cash assistance program called Ohio works first (OWF). This rule contains the requirements for an eligibility determination of the refugee cash assistance (RCA) program.

(2) Refugee medical assistance (RMA) provides medical assistance to eligible refugees. RMA requirements are delineated in rule 5101:1-2-40.1 of the Administrative Code.

(3) Refugee social services program (RSSP) provides employability, job, citizenship and naturalization services. RSSP requirements are delineated in rules 5101:1-2-40.2 to 5101:1-2-40.5 of the Administrative Code.

(B) Documentation of refugee status

As a condition of eligibility for RCA, an individual must provide proof, in the form of documentation issued by the United States citizenship and immigration services (U.S.CIS), of one of the following statuses under the immigration and nationality act (INA)of (1952):

(1) Paroled as a refugee or asylee under section 212 (d)(5) of the INA (8 U.S.C. 1182 of 2004);

(2) Admitted as a refugee under section 207 of the INA (8 U.S.C 1157 of 2004);

(3) Granted asylum under section 208 of the INA (8 U.S.C. 1158 of 2004);

(4) Cuban and Haitian entrants in accordance with section 501 (a), Public Law 96-42294 Stat.1810 (U.S.C. 1522 note) executive Order 12341 (January 21, 1982):

(a) An individual granted parole status as a Cuban/Haitian entrant (status pending) or granted any other special status subsequently established under the immigration laws for nationals of Cuba or Haiti, regardless of the status of the individual at the time assistance or services are provided;

(b) A national of Cuba or Haiti who was paroled into the United States and has not acquired any other status under the INA and with respect to whom a final, nonappealable, and legally enforceable order of removal, deportation or exclusion has not been entered;

(c) A national of Cuba or Haiti who is the subject of removal, deportation or exclusion proceedings under the INA and with respect to whom a final, nonappealable, and legally enforceable order of removal, deportation or exclusion has not been entered;

(d) A national of Cuba or Haiti who has an application for asylum pending with the CIS and with respect to whom a final, nonappealable, and legally enforceable order of removal, deportation or exclusion has not been entered.

(5) Certain Amerasians from Vietnam who are admitted to the U.S. as immigrants pursuant to 584 of the Foreign Operations, Export Financing, and Related programs Appropriations Act, 1988 (as contained in 101 (E) of Public Law 100-202 and amended by the 9th provisio under Migration and Refugee assistance in title II of the Foreign Operations, Export Financing, and related programs Appropriations Acts, 1989 (Public Law 100-461 as amended);

(6) Lawful permanent resident, provided the individual previously held one of the statuses identified above (note: this does not refer to Amerasians who are admitted as lawful permanent residents) as described in paragraph (B)(5) of this rule.

Eligibility for RCA is limited to those refugees who are ineligible for OWF and supplemental security income (SSI).

(1) In establishing eligibility for assistance to a refugee, the county department of job and family services (CDJFS) shall determine whether the refugee is eligible for Ohio works first (OWF). If the refugee meets all of the requirements for OWF, the individual becomes a regular OWF participant. When the CDJFS determines that a refugee does not meet the requirements of OWF, the individual has potential eligibility for RCA.

(2) If a refugee does not meet the requirements of OWF or RCA, he or she has potential eligibility for disability financial assistance (DFA).

(3) The CDJFS shall promptly notify the local resettlement agency which provided for the initial settlement of a refugee whenever a refugee applies for cash assistance.

(4) All refugees who are blind, disabled, or at least sixty-five years of age must be referred immediately to the social security administration (SSA) to apply for SSI. Such refugees may receive RCA until SSI benefits are initiated provided the conditions of eligibility for RCA continue to be met. When an SSI payment is made in the same month an RCA benefit is issued, the CDJFS shall initiate overpayment activity.

(D) General administration

The following requirements are applicable in administering the RCA program:

(1) Rule 5101:1-2-40.2 of the Administrative Code (2005) provides for the confidentiality, safeguarding and sharing of information relating to applicants, recipients, or former recipients of RCA.

(2) Recovery of overpayments and corrections of underpayments are set forth in rules 5101:1-23-70 (1996) and 5101:23-60 (2003) of the Administrative Code.

(3) An RCA applicant/recipient has all the hearing and notice requirement rights set forth in division level designation 5101:6 (2003) of the Administrative Code. In a case in which there is a state hearing request, aid may continue past the time-limited eligibility period until the issuance of the state hearing decision. during the hearing activity. Except for when a state hearing decision is pending, RCA must be terminated effective the end of the last month of the time-limited eligibility period.

(4) The application process and procedures are set forth in rule 5101:1-2-01 of the Administrative Code. (2005)

(5) The verification and reporting procedures are set forth in rule 5101:1-2-20 (2002) of the Administrative Code.

(6) The reapplication requirements are set forth in rule 5101:1-2-10 of the Administrative Code (2005). When the CDJFS is alerted that RCA program eligibility is to end, the CDJFS shall require a reapplication to determine potential eligibility for OWF or DFA due to changed circumstances.

(7) The criteria for destruction of RCA assistance group records is subject to the procedures outlined in rule 5101-9-21 of the Administrative Code (1996).

(E) General eligibility requirements

(1) To receive assistance under RCA, each applicant must provide a written declaration, under penalty of perjury, that he or she has an immigration status that makes him or her eligible for RCA.

(a) The written declaration requirement is met when a required adult assistance group member or authorized representative has signed and dated the JFS 07200, “request for cash, food stamp and medical assistance” (rev. 5/05). The declaration of citizenship/alien status shall be considered met for all members of the assistance group with this signature.

(b) Declarations on behalf of newborn children must be approved no later than at the next scheduled reapplication. The declaration requirement is met by the assistance group member’s signature on the printed copy of information (PCI) signed at the reapplication.

(2) Eligibility for RCA is limited to individuals who:

(a) Are new arrivals who have resided in the United States less than eight months. RCA is available during the first eight months after the refugee enters the country. At the end of the first eight months, the individual loses eligibility for RCA forever.

(i) If the refugee is from Cuba or Haiti, the time-limited eligibility for assistance begins with the first month in which the refugee was first issued documentation by the citizenship and immigration service.

(a) The date on which a Cuban or Haitian was first issued CIS documentation appears on the CIS form I-94.

(b) The CIS documentation date of a child born in the United States of Cuban or Haitian refugees is the date CIS documentation was first issued to the parents or the date of the child’s birthday, whichever occurs first. If the parents CIS documentation was issued on different dates, the later CIS documentation date of the parents is compared to the child’s birthday.

(ii) If the refugee is from any country other than Cuba or Haiti, or meets the criteria set forth in paragraph (E)(2)(iii) of this rule, the time-limited eligibility for assistance begins with the first month that the individual enters the United States.

(a) A non-Cuban or non-Haitian refugee’s date of entry appears on the CIS form I-94, I-151,or I-551.

(b) The date of entry of a child born in the United States of non-Cuban or non-Haitian refugees is the date of entry of the parents or the child’s birthday, whichever occurs first. If the parents arrived in the United States on different dates, the later date of entry is compared to the child’s birthday.

(iii) The date of entry for an asylee will be the date that the individual is granted asylum in the United States. Potential eligibility for RCA begins the date asylum is granted and continues for a period of eight months.

(b) Are ineligible for OWF and SSI in accordance with paragraph (C) of this rule.

(c) Meet immigration status and identification requirements in paragraph (B) of this rule or are the dependent children of, and part of the same assistance group as, individuals who meet the requirements in paragraph (B) of this rule, subject to the limitation in paragraph (E)(2)(c)(ii) of this rule with respect to nonrefugee children.

(i) For purposes of this rule, “assistance group” means the following individuals who are not eligible for OWF who live in the same household:

(a) An individual adult; or,

(b) Married individuals without children; or,

(ii) Federal funding is available for expenditures for assistance and services to an assistance group which includes a refugee parent or two refugee parents and one or more of their children who are non-refugees, including children who are United States citizens. Federal funding is not available for expenditures for assistance and services provided to a non-refugee adult member of an assistance group or to a non-refugee child or children in an assistance group if one parent in the family unit is a non-refugee.

(d) Are not full-time students in an institution of higher education, except where such enrollment is approved as part of the individual’s employability plan.

(3) Disclosure of a social security number is not required for RCA. An applicant may voluntarily disclose his/her social security number, but must be informed of its use.

(4) Work requirements are not applicable to RCA applicants or recipients. As a condition of receipt of assistance, RCA applicants/recipients must participate in employability services and refugee social services designed to meet the needs of newly arrived refugees within thirty days of receipt of aid as delineated in paragraph (G)(2) and (L) of this rule.

(F) RCA eligibility and payment levels

(1) There is no resource limit in the RCA program. Resources remaining in the individual’s country of origin are excluded in determining eligibility for RCA.

(2) Resources and income of a sponsor may not be considered to be accessible to a refugee solely because the person is serving as a sponsor.

(a) Resettlement allowances are payments to a sponsor on behalf of the refugee. The resettlement allowance is not considered in determining eligibility if it is for a specific purpose. However, if the allowance is solely under the control of the refugee, the allowance is considered available.

(b) Voluntary resettlement agencies may provide assistance to refugees from a matching grant program. Under such grants, the voluntary agency provides an equal match for each federal dollar awarded. The matching grants generally cover the same range of cash, medical assistance, training, and services which are available under refugee resettlement. These grants are separate and distinct from the one-time resettlement allowance given by the department of state or department of justice. The CDJFS shall count as income the entire amount of the matching grant received in determining eligibility and grant amount.

(3) The CDJFS may not consider any cash grant received by an applicant under the department of state or department of justice reception and placement programs in determining eligibility for RCA.

(4) Income eligibility, budgeting requirements and payment levels set forth in rule 5101:1-23-20 (2002) of the Administrative Code shall be applied in the determination of initial eligibility, continued eligibility, and the amount of cash assistance for RCA.

(a) When the parent of a child in the refugee cash assistance group does not meet the status requirement as specified in paragraph (B) of this rule, the alien parent is excluded from the refugee cash assistance group. The income of the ineligible alien parent is counted as unearned income, following application of the income allocation methodology as set forth in paragraphs (G)(6)(a) to (G)(6)(d) of rule 5101:1-23-20 (2002) of the Administrative Code.

(b) Because a couple’s eligibility is determined as an economic unit, the income of a spouse who is no longer RCA eligible due to the time limitation must be used in determining RCA eligibility for the spouse who is still within the time limit. The budgeting method set forth in paragraph (D)(1)(a)(ii) of rule 5101:1-23-20 (2002) of the Administrative Code is applicable in determining eligibility for the spouse who is still within the time limit.

(c) When a required member of the RCA assistance group is ineligible for RCA because the member fails to meet the immigration status requirements as specified in paragraph (B) of this rule or because any of the conditions set forth in paragraph (J) of this rule are met, the income of the ineligible member is included in the determination of eligibility and payment level for the remaining member(s) of the RCA assistance group, as set forth in paragraphs (B), (D)(1)(a)(i) and (D)(2) of rule 5101:1-23-20 of the Administrative Code (2002).

(5) For individuals eligible for RCA, the CDJFS must process a partial payment for the month of initial eligibility whenever the date of initial eligibility begins too late in the month to authorize assistance with that effective date.

(6) For a refugee who applies for RCA so that the only assistance payment would be for the refugee’s last month of eligibility, the assistance payment could be made for that month, even if the payment is not issued until after the end of the last month of time-limited eligibility.

(7) RCA warrants are identical to OWF warrants and are mailed from ODJFS with OWF warrants.

(G) Requirements for employability services and employment

(1) The following definitions are applicable to the RCA program:

(a) “Appropriate agency providing employment services” means an agency providing services specified in rule 5101:1-2-40.3 (2005) of the Administrative Code which are specifically designed to assist refugees in becoming employed, which must include an established program of job referral to, and job placement with, private employers, and which must be determined acceptable by the Ohio department of job and family services (ODJFS) or by the local CDJFS.

(b) “Employability plan” is an individualized written plan for a refugee registered for employment services that sets forth a program of services intended to result in the earliest possible employment of the refugee.

(c) “Family self-sufficiency plan” is a plan that addresses the employment-related service needs of the employable members in a refugee assistance group (AG) for the purpose of enabling the refugee AG to become self-supporting through the employment of one or more AG members.

(2) As a condition for receipt of RCA, all employable assistance group members except for good cause shown, are required to:

(a) Register with an appropriate agency providing employment services at time of initial application and within thirty days of receipt of aid, participate in the employment services provided by such agency in accordance with rule 5101:1-2-40.3 (2005) of the Administrative Code. For the purpose of RCA, work registration is considered met when the JFS 07349 “refugee employment and case management employment referral” (rev.3/02) “sections I and II” are completed for each employable assistance group member. The JFS 07349 is then forwarded to CDJFS social services for appropriate refugee employability services.

(b) Go to a job interview which is arranged by the appropriate agency providing employment services or the refugee resettlement agency responsible for the initial resettlement of the refugee.

(c) Accept at any time, from any source, an offer of employment, as determined to be appropriate by the appropriate agency providing employment services;

(d) Participate in any employability service program which provides job or language training in the area in which the refugee resides and which is determined to be available and appropriate for that refugee; or if such program is not available or appropriate in the area in which the refugee resides, any other available and appropriate program in such area;

(i) An individual employability plan must be developed as part of a family self-sufficiency plan where applicable for each RCA recipient who is not exempt. The plan may be developed by the resettlement agency or the appropriate agency providing employment services. The plan may be modified to reflect changed services or employment conditions.

(ii) The employability plan must be designed to have a definite employment goal leading to the earliest possible employment, attainable in the shortest time period consistent with employability of the refugee in relation to job openings in the area, and in no way discouraging employment or job-seeking.

(e) Participate in any social service targeted assistance program in the area in which the refugee resides as determined to be available and appropriate for that refugee.

(f) Inability to communicate in English does not exempt a refugee from registration or participation in employment services, or acceptance of appropriate offers of employment.

(g) The CDJFS must permit, but may not require, the voluntary registration for employment services of an applicant or recipient who is exempt from registration as set forth in paragraph (I) of this rule.

(H) For continued receipt of refugee cash assistance, an employable recipient may not, without good cause, voluntarily quit employment or fail or refuse to meet the requirements of paragraph (G)(2) of this rule.

(I) Exemptions

A refugee is considered employable unless the refugee meets one of the exemption criteria outlined below:

(1) An individual under the age of eighteen;

(2) An individual under the age of nineteen and is a full-time student in a secondary school or in the equivalent level of vocational or technical training.

(3) Sixty-five years of age or older.

(4) Is pregnant and the pregnancy has been medically verified that the child is expected to be born in the month that registration would be required or within the next six months.

(J) Sanctions

Sanctions are applied when an employable refugee quits a job, or fails or refuses to comply with paragraphs (G)(2) and (H) of this rule. The dependent family of such an ineligible refugee may, however, apply for and receive cash assistance.

(1) An employable RCA applicant shall not have during the thirty consecutive calendar days immediately prior to the receipt of aid, without good cause, either voluntarily quit employment for the purpose of receiving assistance, or refused to apply for or accept an appropriate offer of employment as determined by the appropriate agency providing employment services.

(2) The CDJFS shall inform mandatory registrants in writing that failure without good cause to participate or to report as requested by the appropriate agency providing employment services may affect the assistance payment.

(3) The CDJFS must contact the applicant’s sponsor or local resettlement agency concerning offers of employment and inquire whether the applicant has voluntarily quit employment or has refused to accept an offer of employment within thirty consecutive days immediately prior to the date of application.

(a) If a mandatory registrant, without good cause, has failed or refused to meet the requirements of paragraph (J) of this rule or has voluntarily quit a job, the CDJFS shall take the appropriate following action in accordance with hearing rights as provided in division level designation 5101:6 of the Administrative Code (2003).

(i) If the sanctioned individual is the only member of the RCA assistance group, the assistance will be terminated. If there are other assistance group members, the CDJFS shall not take into account the sanctioned individual’s needs in determining the remaining assistance group’s need for assistance.

(ii) The sanction applied shall remain in effect for three payment months for the first such failure and six payment months for the second and any subsequent failure.

(iii) The refugee’s sponsor, or the voluntary resettlement agency when there is no sponsor, must be notified of any action which involves the termination, the removal of one person from the assistance group or the change in delivery of benefits.

(b) A voluntary registrant who has failed or refused to participate in appropriate employability services, to carry out job search, or to accept appropriate employment or training, is to be deregistered for ninety days from the date of determination that such failure occurred. Cash assistance is not affected.

(K) In order for an appropriate agency providing employment services to receive referrals from the CDJFS, the agency must agree to advise the CDJFS whenever such refugee fails or refuses to participate in the required services or to accept an offer of employment.

(L) As a condition of receiving RCA all employed and employable refugee cash assistance group members must participate in any available and appropriate refugee social services providing employment services, job, or language training in the county in which the refugee resides. The exemptions listed in paragraph (I) of this rule apply to this requirement.

(1) The CDJFS determines the availability and appropriateness of the RSSP, except in counties where RSSP is not available. “Available” means that there are special refugee social services provided in the county in which the refugee resides. “Appropriate” means that the refugee’s job and language skills, do not exceed the English as a second language (ESL) and job training services provided through RSSP and that the refugee will benefit from participation in RSSP.

(2) If refugee social services are not available in the refugee assistance group’s county of residence, the CDJFS does not complete the procedure for determination of mandatory RSSP participation. The CDJFS documents in the assistance group record that there are no available and appropriate refugee social services in the refugee’s county of residence.

(3) For counties with an available RSSP, use the following procedures in determining mandatory refugee social service participation status.

(a) The CDJFS reviews the assistance group record to determine those persons exempt from refugee social service participation. This determination must be consistent with employment registration exemption status recorded in the assistance group record.

(b) The CDJFS completes the JFS 07349 for all voluntary and mandatory RCA group members.

(c) The CDJFS complete “sections I and II” on the JFS 07349 for all voluntary and mandatory refugee cash assistance group members.

(d) The CDJFS completes “section III” on the JFS 07349 if the requirement for mandatory participation in the RSSP is met.

(e) The CDJFS completes “section IV” on the JFS 07349 if the RSSP assistance group does not meet the requirements of this rule and is subject to the sanction procedure in paragraph (J) of this rule.

(f) The CDJFS informs mandatory RSSP participants in writing that failure without good cause to participate or to report as requested by the RSSP provider may affect the assistance payment. The JFS 07349 may be used to meet this requirement.

(g) The CDJFS completes “section V” on the JFS 07349 within three working days of approval of an application if a determination of eligibility has been made and an applicant, previously registered, is now a recipient of RCA.

(h) The CDJFS completes “section VII” on the JFS 07349 within three days of denial of an application.

(i) The CDJFS appoints an individual to ensure that any required referral is completed during the month a child reaches eighteen years of age. The individual appointed to perform this function shall use any information available to identify those individuals who should be referred for the RSSP program.

(4) Information regarding change in RSSP program status may come from the recipient, social services, or the RSSP provider. The assistance group shall be advised to report any change in exemption status within five working days. A review of RSSP participation status is required when a change in the case occurs. Use the following procedure in determining the RSSP participation status:

(a) The CDJFS completes “section VII” on the JFS 07349 when there is a change affecting mandatory RSSP participation.

(i) The refugee becomes employed and such employment renders the RCA case ineligible. Mandatory RSSP participation will not be required at the point the financial assistance stops. If there is a question about whether or not the refugee has employment and has not reported it to the CDJFS, the CDJFS shall complete a reapplication.

(ii) The refugee meets one of the exemption criteria.

(iii) The refugee is sanctioned.

(b) The CDJFS completes “sections I and II” on the JFS 07349 to deregister a refugee when:

(i) The refugee no longer meets one of the exemption requirements.

(ii) The exempt refugee volunteers for registration

(iii) Any applicable sanctions are completed.

(c) The CDJFS documents on the JFS 07349 if necessary, any change in circumstances. The CDJFS completes “section IV” on the JFS 07349 when a mandatory RSSP participant fails without good cause to meet his refugee social service participation responsibilities, or refuses without good cause to accept an opportunity for employment or training. The CDJFS completes “section VI” on the JFS 07349 when the sanction is applied.

Effective: 07/01/2005

R.C. 119.032 review dates: 04/11/2005 and 07/01/2010

Promulgated Under: 111.15

Statutory Authority: 5101.02, 5101.49

Rule Amplifies: 5101.02, 5101.49

Prior Effective Dates: 7-1-76, 12-31-77, 11-22-81, 10-21-82, 11-1-82, 2-9-84 (temp.), 5-1-84, 7-1-84, 7-2-84, 10-1-84 (emer.), 12-27-84, 1-1-85 (emer.), 4-1-85, 8-1-86 (emer.), 10-3-86, 7-1-88, 1-1-89 (emer.), 4-1-89, 11-1-89, 1-1-90 (emer.), 4-1-90, 10-1-91 (emer.), 12-20-91, 4-1-92, 10-1-92 (emer.), 12-21-92, 9-1-94, 10-1-95, 1-1-96, 5-1-97, 7-1-98, 7-1-00, 10-1-00, 3-1-02, 11-1-02

5101:1-2-40.1 Refugee resettlement program: refugee medical assistance (RMA). [Rescinded]

Rescinded eff 5-7-09

5101:1-2-40.2 Refugee resettlement program; refugee social services.

(A) Refugee resettlement program. The refugee resettlement program was established to standardize the services that are available for refugees admitted to the United States (U.S.). There are three components to the refugee resettlement program (RRP):

(1) Refugee cash assistance (RCA) provides cash payments to eligible refugees. RCA requirements are delineated in rule 5101:1-2-40 of the Administrative Code.

(2) Refugee medical assistance (RMA) provides medical assistance to eligible refugees. RMA requirements are delineated in rule 5101:1-2-40.1 of the Administrative Code.

(3) The refugee social services program (RSSP) provides employability, acculturation, citizenship and naturalization services. RSSP requirements for mandatory and voluntary participants as well as the responsibilities of the county department of job and family services (CDJFS) are delineated in rules 5101:1-2-40.2 to 5101:1-2-40.5 of the Administrative Code.

(B) Definitions.

(1) A “refugee” is someone outside his or her country of nationality who is unable or unwilling to return to or have the protection of that country because of persecution or a well-founded fear of persecution, on account of race, religion, nationality, membership in a particular social group or political opinion.

(2) A “resettlement agency” is a local affiliate or subcontractor of a national voluntary agency that has entered into a grant, contract, or cooperative agreement with the United States department of state or other appropriate federal agency to provide for the reception and initial placement of refugees in the U.S.

(3) A “secondary migrant” is a refugee who was originally resettled in another state before moving to Ohio.

(1) Refugees eligible for RSSP are provided services in the following priority order:

(a) All newly arriving refugees during their first year in the United States.

(b) Refugees who are receiving cash assistance under Ohio works first (OWF), disability financial assistance (DFA), supplemental security income (SSI) or RCA.

(d) Employed refugees in need of services to retain employment or to attain economic independence.

(2) In addition, employability services and vocational training may also be provided to refugees who are sixteen years of age or older and who are not full-time students in elementary or secondary schools. The following employment services may be provided:

(a) Employment services, including development of a facility self-sufficiency plan, and an individual employability plan, world-of-work and job orientation, job clubs, job workshops, job development, referral to job opportunities, job search, job placement, and follow-up; and

(b) Employability assessment services, including aptitude and skills testing.

(3) The services specified in paragraph (C)(2) of this rule must be provided in order for the refugee to obtain part-time or summer employment while the refugee is a student, or to obtain full-time permanent employment upon completion of schooling.

(D) General eligibility.

(1) All refugee social services can be provided for up to five years from the date of arrival in the U.S. Citizenship, naturalization preparation services, referral, and interpreter services may be provided beyond five years.

(2) Refugees must be afforded an opportunity to apply for RSSP and have eligibility determined in a timely manner.

(a) Refugees applying for RSSP only shall use the JFS 01457 (rev. 3/2005) as referenced in “Appendix A,” as the application for services.

(b) Refugees applying for or in receipt of RCA or RMA are automatically eligible for RSSP. A separate application is not needed for RSSP.

(3) Eligibility shall be limited to those refugees who meet the immigration status and identification stated in rule 5101:1-2-40 of the Administrative Code and who reside in counties receiving an allocation of RSSP funds. In situations where the refugee is not applying for or in receipt of RCA or RMA, the refugee case manager will review the refugee’s “I-94” and/or utilize the systematic alien verification for entitlement (SAVE) program to verify a refugee’s immigration status.

(4) RSSP case records must contain verification of refugee status in accordance with rule 5101:1-2-40 of the Administrative Code. Confidentiality standards must be in accordance with section 5101.27 of the Revised Code.

(5) A refugee applying for or in receipt of RSSP has all the hearing and notice requirement rights set forth in division-level designation Chapter 5101:6 of the Administrative Code. In a case in which there is a timely hearing request, social services may remain pending until a hearing decision is rendered. Except when services continue as a result of a timely hearing request, services must be terminated effective the end of the last month of the time-limited eligibility period as set forth in paragraph (D)(1) of this rule.

(6) Eligibility re-determinations will be completed at least once every twelve months, or more frequently if needed.

(7) The refugee has ten calendar days to report a change in employment status or any other factor that may affect RSSP eligibility.

(8) The resources and income of the refugee are not considered when determining eligibility for RSSP.

Appendix A Application for Refugee Social Services

See Appendix A at http://emanuals.odjfs.state.oh.us/emanuals/GetDocument.do?docLoc=C%3A/odjfs/Ready4Build/99_CAM.htm%3ASRC%23node-id%2851627%29&locSource=input&docId=Document%28storage%3DREPOSITORY%2CdocID%3D%24REP_ROOT%24%23node-id%28467071%29%29&titleIndx=118&version=8.0.0

Replaces: 5101:2-49-06, 5101:2-49-07, 5101:2-49-071, 5101:49-21, 5101:2-49-24

Effective: 07/01/2005

R.C. 119.032 review dates: 07/01/2010

Promulgated Under: 111.15

Statutory Authority: 5101.49

Rule Amplifies: 5101.49

Prior Effective Dates: 4/1/1983; 10/1/1989 (Emer.), 12/16/1989, 4/1/1983, 10/1/1989 (Emer.), 12/16/1989, 4/1/1983, 10/1/1989 (Emer.), 12/16/1989, 10/1/1989 (Emer.), 12/16/1989, 10/1/1989 (Emer.), 12/16/1989

5101:1-2-40.3 Refugee social services program (RSSP): County department of job and family services (CDJFS) responsibilities.

(A) Management responsibilities for counties receiving RSSP allocations.

(1) Assure that services and benefits that are designed for or used by refugees are coordinated within the CDJFS.

(2) Assure that required services and benefits are available.

(3) Assure communication and collaboration among refugee resettlement agencies (RRA), social service agencies, health providers and public agencies serving refugees.

(4) Assure that RSSP funds are used primarily for employability services that are designed to assist refugees in obtaining jobs within one year of becoming enrolled in services in order to achieve and maintain economic self-sufficiency.

(5) Assure that all refugees have access to services and are not discriminated against based upon their limited English proficiency in accordance with Title VI of the Civil Rights Act of 1964.

(6) Assure that an interpreter is provided at no cost to the refugee unless the refugee chooses to provide their own interpreter.

(7) Assure that services do not duplicate those services being provided by RRA’s for refugees under their sponsorship.

(8) The CDJFS will designate a person(s) to be responsible for the provision of social services to refugees.

(B) Reporting requirements for secondary migrants.

(1) The CDJFS with refugee allocations will provide the Ohio department of job and family services (ODJFS) with the information needed to complete its reports to the U.S. department of health and human services, office of refugee resettlement (ORR). Refugee service levels and expenditures data will be provided to ODJFS on a quarterly basis. Reporting requirements, and due dates are found in the administrative procedures manual, including APM 5502.

(2) The number of secondary migrants being serviced by RSSP must be tracked and reported to the state refugee coordinator on a quarterly basis. This information is provided to the ORR and affects Ohio’s receipt of federal refugee funding. The definition of a secondary migrant can be found in paragraph (B)(3) of rule 5101:1-2-40.2 of the Administrative Code. The reporting will be completed as follows:

(a) If the refugee is in receipt of Ohio works first (OWF), prevention, retention and contingency (PRC) hard services, disability financial assistance (DFA), medicaid disability, medical assistance, or food stamp benefits, required information on the secondary migrant will be tracked through the client registry information system enhanced (CRIS-E). Secondary migrants are tracked by the alien registration number and social security number fields in CRIS-E. The RSSP case manager shall verify with the CDJFS worker handling the cash, medical or food stamp case that the alien registration number has been properly entered into CRIS-E.

(b) Agencies serving secondary migrants who do not receive any other benefits except RSSP services will track and report the required data directly to the state refugee coordinator on a quarterly basis. The suggested format of a tracking form is located in “Appendix B” of this rule.

(1) A CDJFS may contract with the “appropriate providers of employability services” that is defined as an agency providing employability services that are:

(a) Designated to assist refugees in becoming employed;

(b) Established programs of job referral to, and job placement with private employers; and

(c) Determined acceptable by the ODJFS or the CDJFS. This entity is referred to as a “provider” throughout the RSSP rules.

(D) Use of the JFS 07349 “Refugee Case Management Referral” (rev. 3/2002).

(1) The JFS 07349 is a form used to communicate information between the CDJFS worker handling the cash, medical or food stamp case, the RSSP case manager, and the provider.

(2) When an agency becomes aware of a change in circumstances which may affect the refugee’s mandatory service participation status, such information shall be communicated to the CDJFS refugee case manager via the JFS 07349. The final determination of refugee status will be made by the CDJFS worker handling the RCA case in accordance with rule 5101:1-2-40 of the Administrative Code.

(3) When the RSSP case manager receives the JFS 07349 from the CDJFS worker handling the cash, medical or food stamp case, the case manager will determine if the refugee has an open service case. If there is no open case, the case manager will schedule an appointment with the refugee to do an employability assessment and employability plan. If the refugee has an open RSSP case and is now a mandatory participant, the case manager shall notify the provider of the change in status.

(E) Employability services. The CDJFS shall provide or arrange for employability services to mandatory participants as set forth in rule 5101:1-2-40.4 of the Administrative Code and voluntary participants as set forth in rule 5101:1-2-40.5 of the Administrative Code. The CDJFS shall identify the required services needed by the participant in the employability plan. The CDJFS shall arrange for the following employability services when needed by the participant:

(1) Case management services, including the determination of appropriate services to refer a refugee to, referral to such services, and the tracking of the refugee’s participation on such services.

(2) The development of a family self-sufficiency plan and individual employability plan, world-of-work and job orientation, job clubs, job workshops, job development, referral to job opportunities, job search, and job placement and follow-up.

(3) Employability assessment services, including aptitude and skills testing.

(4) On-the-job training, when such training is provided at the employment site and is expected to result in full-time, permanent, unsubsidized employment with the employer who is providing the training.

(5) English language instruction, with an emphasis on English as it relates to obtaining and retaining a job.

(6) Vocational training which shall not exceed one year. Vocational training intended to meet the requirements of employability services must be appropriate to local labor market needs and must be of sufficient quality to meet the requirements of local employers.

(7) Skills recertification, when such training meets the criteria for appropriate training. If a refugee is a professional in need of professional refresher training or other recertification services in order to qualify to practice his or her profession in the U.S., the training may consist of full-time attendance in a college or professional training program, provided that:

(a) The training is part of the refugee’s employability plan;

(b) The training does not exceed one year’s duration, including any time enrolled in such program in the U.S. prior to the refugee’s application for assistance;

(d) If the training is completed, it can realistically be expected to result in such certification.

(8) Child care, when necessary for participation in an employability service or for the acceptance or retention of employment.

(9) Transportation, when necessary for participation in an employability service or for the acceptance or retention of employment. Drivers’ education is an allowable service.

(10) Translation and interpreter services, when necessary in connection with employment or participation in an employability service.

(11) Assist in obtaining employment authorization documents.

(F) Other social services. The CDJFS may provide or arrange for the following services provided that they are included in the employability plan:

(1) Information and referral services.

(2) Outreach services, including activities designed to familiarize refugees with available services, and facilitate access to these services.

(3) Emergency services such as:

(a) Assessment and short term counseling to refugees or families in a perceived crisis;

(b) Referral to appropriate resources; or

(4) Health-related services such as:

(a) Information and referral to appropriate resources;

(b) Assistance in scheduling appointments and obtaining services; and

(c) Counseling to refugees or families to help them understand and identify their physical and mental needs and maintain or improve their physical and mental health.

(5) Home management services such as:

(a) Formal or informal instruction to refugees or families in the management of household budgets;

(b) Home maintenance;

(d) Other consumer education services.

(6) Child care, when necessary for participation in a service other than an employability service.

(7) Transportation, when necessary for participation in a service other than an employability service.

(8) Translation and interpreter service, when necessary for a purpose other than in connection with employment or participation in an employability service.

(9) Case management services, when necessary for a purpose other than in connection with employment or participation in employability services.

(10) Any additional service, aimed at strengthening and supporting the ability of a refugee individual, family, or refugee community to achieve and maintain economic self-sufficiency, family stability, or community integration which has been demonstrated as effective and is not available from any other funding source. Requests for these services must be submitted to and approved by the state refugee coordinator.

(11) Citizenship and naturalization preparation services, including:

(a) English language training and civics instruction to prepare refugees for citizenship;

(b) Application assistance for adjustment to legal permanent resident status and citizenship status;

(c) Assistance to disabled refugees in obtaining disability waivers for English and civics requirements for naturalization; and

(d) The provision of interpreter services for the citizenship interview. The services set forth in paragraphs (F)(1) to (F)(10) of this rule can be provided to refugees up to sixty months from the date that the refugee entered the U.S. The services set forth in paragraph (F)(11) of this rule can be provided to refugees beyond the sixty months from the date the refugee entered the U.S.

(G) Employment-related case management.

(1) A CDJFS shall, as a condition of funding, provide or arrange for employment-related case management to both mandatory and voluntary participants.

(2) “Employment-related case management,” includes the following activities:

(a) Determining eligibility for services;

(b) Providing hearing notices in accordance with division-level designation as set forth in Chapter 5101:6 of the Administrative Code;

(c) Assisting service providers in the development of employability and service plans and exercising final approval of the employability and service plan submitted by the provider;

(d) Making refugee referrals to service, educational and employment resources;

(e) Monitoring service delivery and tracking refugee progress through the service plan;

(f) Receiving, coordinating and transmitting information regarding changes in a refugee’s receipt of benefits provided by the CDJFS, participation in services, job search and employment placement. This transmission of information is completed with the use of the JFS 07349 form as set forth in paragraph (D) of this rule;

(g) Providing the JFS 04074 “Notice of Approval of your Application for Assistance” (rev. 5/2001) along with a copy of the signed employability plan. If the refugee is determined ineligible for RSS, a copy of the JFS 07334 “Notice of Denial of your Application for Assistance” (rev. 4/2003) is provided to the refugee;

(h) Documenting the placement of a refugee into employment. This documentation shall be attached to the employability plan. Such documentation shall include the name of the employer, the beginning date of employment and starting wage. A JFS 07349 form must be sent to the CDJFS case manager, and a copy retained for the case record; and

(i) Documenting in the participant’s RSS case file what employment related case management services have been provided to the participant.

(H) Good cause for failure or refusal to comply with a provision of the employability plan.

(1) The job or training assessment must be related to the physical and mental capabilities of the refugee to perform the task on a regular basis. Any claim of adverse effect on physical or mental health shall be based on written verification from a physician or licensed psychologist indicating that participation would impair the individual’s physical or mental health.

(2) The total daily commuting time to and from home to the service or employment worksite must not normally exceed two hours, not including the transporting of a child to and from a child care facility or provider, unless a longer commute time is generally accepted in the community, in which case the round-trip commuting time shall not exceed the generally accepted community standards.

(3) The service or worksite to which the individual is assigned must not be in violation of applicable federal, state or local health and safety standards.

(4) Assignments must not be made which are discriminatory in terms of age, sex, race, creed or national origin.

(5) Appropriate work may be temporary, permanent, full-time, part-time or seasonal if it meets the other requirements of this rule:

(a) The wage shall meet or exceed the federal or state minimum wage law, whichever is applicable, or if such laws are not applicable, the wage shall not be substantially less favorable than the wage normally paid for similar work in that labor market; and

(b) The daily hours of work and the weekly hours of work shall not exceed those customary to the occupation.

(6) No refugee shall be required to accept employment if:

(a) The position offered is vacant due to a strike, lockout, or other bona fide labor dispute; or

(b) The refugee would be required to work for an employer contrary to the conditions of his or her existing membership in the union governing that occupation.

(I) Failure to comply with a provision of the employability plan.

(1) When mandatory participants have failed a provision of their employability plans and the CDJFS has determined that good cause does not exist, the JFS 07349 form shall be completed and forwarded to the CDJFS worker maintaining the RCA case. The RCA is sanctioned or terminated in accordance with rule 5101:1-2-40 of the Administrative Code.

(2) When a voluntary participant has failed a provision of the employability plan without good cause, and the CDJFS has determined that good cause does not exist, the participant will be deregistered for ninety days in accordance with rule 5101:1-2-40 of the Administrative Code.

Appendix B Refugee Services Secondary Migrant Report

See Appendix at http://emanuals.odjfs.state.oh.us/emanuals/DataImages.srv/emanuals/pdf/pdf_forms/01459.PDF

Replaces: 5101:2-49-08, 5101:2-49-11, 5101:2-49-13, 5101:2-9-16, 5101:2-49-17, 5101:2-49-18, 5101:2-49-23

Effective: 07/01/2005

R.C. 119.032 review dates: 07/01/2010

Promulgated Under: 111.15

Statutory Authority: 5101.49

Rule Amplifies: 5101.49

Prior Effective Dates: 4/1/1983, 9/1/1984 (Emer.), 11/17/1984, 1/15/1989 (Emer.), 4/1/1989 (Emer.), 12/16/1989, 9/1/1984 (Emer.), 11/17/1984, 10/1/1989 (Emer.), 12/16/1989, 10/1/1989 (Emer.), 12/16/1989, 10/1/1989 (Emer.), 12/16/1989, 10/1/1989 (Emer.), 12/16/1989, 10/1/1989 (Emer.), 12/16/1989, 10/1/1989 (Emer.), 12/16/1989

5101:1-2-40.4 Refugee social services program: mandatory participants.

(A) General requirements.

(1) Mandatory participant is a refugee who meets the requirements of paragraphs (C)(1)(a) and (C)(1)(b) of rule 5101:1-2-40.2 of the Administrative Code.

(2) All refugees receiving refugee cash assistance (RCA) must participate in employability service programs unless they meet an exemption as set forth in rule 5101:1-2-40 of the Administrative Code. An appropriate provider of such service must also be available in the county in which the refugee resides. The employability services are listed in the refugee’s employability plan as described in paragraph (B) of this rule.

(3) A refugee who meets an exemption in paragraph (I) of rule 5101:1-2-40 of the Administrative Code and resides in a county receiving a RSSP allocation may volunteer to participate in refugee social services program (RSSP).

(B) Employability plan. The employability plan is the primary document of accountability for a refugee’s participation in RSSP. The employability plan is a mutual agreement between the refugee and the county department of job and family services (CDJFS).

(1) In developing an employability plan, the CDJFS shall consider the following:

(a) The plan must be developed for each refugee receiving RSSP employability services as set forth in paragraph (E) of rule 5101:1-2-40.3 of the Administrative Code;

(b) Plans developed by the resettlement agency which sponsored the refugee may be accepted by the CDJFS if such plans meet the requirements of this rule;

(c) The plan must be designed to lead to the earliest possible employment and not be structured in such a way as to discourage or delay looking for employment or accepting offers of employment; and

(d) The plan must contain a definite goal, attainable in the shortest time period consistent with the employability of the refugee in relation to job openings in the area.

(2) The minimum elements of an employability plan are as follows:

(a) Agency, worker and the date that the plan was completed.

(b) Identifying information, including the refugee’s:

(i) Name;

(ii) Address;

(iii) Telephone number;

(iv) Date of birth;

(v) Nationality;

(vi) Date of arrival in the U.S.;

(vii) CRIS-E case number;

(viii) Alien registration number from the U.S. citizenship and immigration service (U.S.C.I.S.) identification card; and

(ix) Social security number.

(d) Education.

(e) Household composition if different than refugee assistance group; employment status of adults in household.

(f) Ability to speak and write English. Scores on “basic English skills test.”

(g) Barriers to employment.

(h) Whether or not a multiple wage-earner plan is indicated.

(i) Support service requirements for employment; e.g., transportation, child care, health-related services, English as a second language (ESL).

(j) Whether or not a disabling factor is present; if a factor is indicated, indicate referral date to bureau of vocational rehabilitation.

(k) Current participation in training, education, or other employment programs.

(l) Immediate and long-range employment goals.

(m) The following statement which, if the refugee does not speak English, must be explained in the refugee’s native language: “The information contained on these pages is true and correct to the best of my knowledge. I understand that this plan is intended to help me find employment. I will report any changes in employment status, income or family composition to my caseworker/counselor. I also authorize the provider of employability services to notify the CDJFS in regard to any employment which is found for me.”

(n) Signatures of refugee and employment counselor, and dates of the signatures.

(3) Job search activities must be included in the employability plan, unless a good cause reason exists as defined in paragraph (H) of rule 5101:1-2-40.3 of the Administrative Code. Job search activities shall be recorded on a separate case recording sheet which shall be headed “job search activity log,” and attached to the employability plan in the provider case record. The requirements of job search are as follows:

(a) The refugee must attend job interviews arranged by the CDJFS, or the resettlement agency responsible for the initial resettlement of the refugee. The CDJFS shall ensure that each refugee in job search status will have a minimum of one assisted job interview each week, or two referrals to non-assisted interviews with employers each week. An assisted interview is an interview where the refugee is accompanied by an interpreter or provider employment counselor. During the third month of the job search, all job interviews must be assisted interviews.

(b) The refugee must accept at any time from any source, an offer of employment determined to be appropriate by the CDJFS, the refugee resettlement agency (RRA). This is regardless of whether such job would interrupt a program of services planned or in progress unless:

(i) The refugee is currently participating in a program in progress of on-the-job training or vocational training which meets the requirements of paragraphs (E)(4) and (E)(6) of rule 5101:1-2-40.3 of the Administrative Code and is included in the employability plan; or

(ii) The refugee is enrolled full-time in a professional recertification program which meets the requirements of paragraph (E)(7) of rule 5101:1-2-40.3 of the Administrative Code.

(i) No later than four months after entry into the U.S.; or

(ii) Within thirty days of the approval of RCA if the refugee has been in the U.S. more than three months at the time of eligibility determination.

(4) Employability plans shall include English as a second language (ESL) testing to determine whether or not the refugee is able to benefit from an available ESL program.

(a) Refugees who test at a level above the available level of ESL instruction are exempt from further participation in ESL.

(b) Refugees who test at a level below the available level of ESL instruction shall participate in ESL classes. In order to maintain satisfactory attendance, the refugee must attend at least seventy per cent of classes for two consecutive months or have a written medical documentation of illness.

(c) When testing is completed, the refugee shall be authorized for ESL or exempted from enrollment upon confirmation from the provider.

(1) “Failure to participate in ESL or job-training program” is defined as attendance falling below seventy per cent of classes for two consecutive months without a written medical documentation of illness.

(2) “Refusal to participate in employability services” could include the following provided they are included in the employability plan:

(a) Refusal or failure to apply for employment based on a referral from the provider; or

(b) Failure to respond to the provider in person or in writing after three consecutive written contacts from the provider.

(3) “Refusal to accept employment” means the refusal to accept an offer of employment without good cause as defined in paragraph (B)(3)(b) of this rule.

(D) Consequences for a failure or refusal to comply with a provision of the employability plan.

(1) Failure could include, but is not limited to suspension from participation in the employment plan for ninety days except for good cause as determined by the CDJFS.

(2) When mandatory participants have failed a provision of their employability plans and the CDJFS has determined that good cause does not exist, the JFS 07349 “Refugee Case Management Referral” (rev. 3/2002) form shall be completed and forwarded to the CDJFS worker maintaining the RCA case. The RCA is sanctioned or terminated in accordance with rule 5101:1-2-40 of the Administrative Code.

(3) When a voluntary participant has failed a provision of the employability plan without good cause, and the CDJFS has determined that good cause does not exist, the participant will be deregistered for ninety days in accordance with rule 5101:1-2-40 of the Administrative Code.

Replaces: 5101:2-49-11, 5101:2-49-12, 5101:2-49-14, 5101:2-49-15, 5101:2-49-19

Effective: 07/01/2005

R.C. 119.032 review dates: 07/01/2010

Promulgated Under: 111.15

Statutory Authority: 5101.49

Rule Amplifies: 5101.49

Prior Effective Dates: 9/1/1984 (Emer.), 11/17/1984, 10/1/1990 (Emer.), 12/16/1989, 9/1/1984 (Emer.), 11/17/1989 (Emer.), 12/16/1989, 10/1/1989 (Emer.), 12/16/1989, 10/1/1989 (Emer.), 12/16/1989, 10/1/1989 (Emer.), 12/16/1989

5101:1-2-40.5 Refugee social services program: voluntary participants.

(A) General Requirements.

(1) A voluntary participant is a refugee who meets the requirements of paragraphs (C)(1)(c), (C)(1)(d) and (C)(2) of rule 5101:1-2-40.2 of the Administrative Code.

(2) All refugees receiving refugee social services program (RSSP) services must participate in employability service programs. An appropriate provider of such service must also be available in the county in which the refugee resides. The employability services are listed in the refugee’s employability plan as described in paragraph (B) of this rule.

(1) In developing an employability plan, the CDJFS shall consider the following:

(a) The plan must be developed for each refugee receiving RSSP employability services as set forth in paragraph (E) of rule 5101:1-2-40.3 of the Administrative Code;

(b) Plans developed by the refugee resettlement agency (RRA) which sponsored the refugee may be accepted by the CDJFS if such plans meet the requirements of this rule;

(c) The plan must be designed to lead to the earliest possible employment and not be structured in such a way as to discourage or delay looking for employment or accepting offers of employment; and

(d) The plan must contain a definite goal, attainable in the shortest time period consistent with the employability of the refugee in relation to job openings in the area.

(2) The minimum elements of an employability plan are as follows:

(a) Agency, worker and the date that the plan was completed;

(b) Identifying information, including the refugee’s:

(i) Name;

(ii) Address;

(iii) Telephone number;

(iv) Date of birth;

(v) Nationality;

(vi) Date of arrival in U.S.;

(vii) CRIS-E case number;

(viii) Alien-number from the U.S. citizenship and immigration (U.S.C.I.S.) identification card; and

(ix) Social security number.

(d) Education;

(e) Household composition if different than refugee assistance group; employment status of adults in household;

(f) Ability to speak and write English. Scores on “basic English skills test;”

(g) Barriers to employment;

(h) Whether or not a multiple wage-earner plan is indicated;

(i) Support service requirements for employment; e.g., transportation, child care, health-related services, English as a second language (ESL);

(j) Whether or not a disabling factor is present; if a factor is indicated, indicate referral date to bureau of vocational rehabilitation;

(k) Current participation in training, education or other employment programs;

(l) Immediate and long-range employment goals;

(m) The following statement which, if the refugee does not speak English, must be explained in the refugee’s native language; and “The information contained on these pages is true and correct to the best of my knowledge. I understand that this plan is intended to help me find employment. I will report any changes in employment status, income or family composition to my caseworker/counselor. I also authorize the provider of employability services to notify the county CDJFS in regard to any employment which is found for me.”

(n) Signatures of refugee and employment counselor, and dates of the signatures.

(3) Job search activities must be included in the employability plan, unless a good cause reason exists as defined in paragraph (H) of Administrative Code rule 5101:1-20-40.3. Job search activities shall be recorded on a separate case recording sheet which shall be headed “job search activity log,” and attached to the employability plan in the provider case record. The requirements of job search are as follows:

(a) The refugee must attend job interviews arranged by the CDJFS or the RRA responsible for the initial resettlement of the refugee. The RRA shall ensure that each refugee in job search status will have a minimum of one assisted job interview each week, or two referrals to non-assisted interviews with employers each week. An assisted interview is an interview where the refugee is accompanied by an interpreter or employment counselor. During the third month of job search, all job interviews must be assisted interviews;

(b) The refugee must accept at any time from any source, an offer of employment determined to be appropriate by the CDJFS, or the RRA. This is regardless of whether such job would interrupt a program of services planned or in progress unless:

(ii) The refugee is enrolled full-time in a professional recertification program which meets the requirements of paragraph (E)(7) of rule 5101:1-2-40.3 of the Administrative Code.

(i) No later than four months after entry into the U.S.; or

(ii) Within thirty days of the approval of refugee cash assistance (RCA) if the refugee has been in the U.S. more than three months at the time of eligibility determination.

(4) Employability plans shall include ESL testing to determine whether or not the refugee is able to benefit from an available ESL program:

(a) Refugees who test at a level above the available level of ESL instruction are exempt from further participation in ESL;

(b) Refugees who test at a level below the available level of ESL instruction shall participate in ESL classes. In order to maintain satisfactory attendance, the refugee must attend at least seventy-five per cent of classes for two consecutive months or have a written medical documentation of illness; or

(c) When testing is completed, the refugee shall be authorized for ESL or exempted from enrollment upon confirmation from the provider.

(1) “Failure to participate in ESL or job-training program” is defined as attendance falling below seventy-five per cent of classes for two consecutive months without written medical documentation of illness.

(2) “Refusal to participate in employability services” could include the following provided they are included in the employability plan:

(a) Refusal or failure to apply for employment based on a referral from the CDJFS; or

(b) Failure to respond to the CDJFS in person or writing after three consecutive written contacts.

(3) “Refusal to accept employment” means the refusal to accept an offer of employment without good cause as defined in paragraph (B)(3)(b) of this rule.

(D) Consequences for a failure or refusal to comply with a provision of the employability plan.

(1) Failure or refusal to comply with a provision of the employability plan, without good cause as set forth in paragraph (H) of rule 5101:1-2-40.3 of the Administrative Code, shall result in the sanction or termination of RCA for a voluntary registrant in accordance with rule 5101:1-2-40 of the Administrative Code.

Replaces: 5101:2-49-11, 5101:2-49-12, 5101:2-49-14, 5101:2-49-15

Effective: 07/01/2005

R.C. 119.032 review dates: 07/01/2010

Promulgated Under: 111.15

Statutory Authority: 5101.49

Rule Amplifies: 5101.49

Prior Effective Dates: 9/1/1984 (Emer.), 11/17/1984, 10/1/1989 (Emer.), 12/16/1989, 9/1/1984 (Emer.), 11/17/1984, 10/1/1989 (Emer.), 12/16/1989, 10/1/1989 (Emer.), 12/16/1989, 10/1/1989 (Emer.), 12/16/1989

5101:1-2-55 Ohio works first (OWF)/disability financial assistance (DFA) and /refugee cash assistance (RCA): delayed cash assistance payments and replacement warrants.

(A) General principles

(1) A “delayed cash assistance payment” is a system-generated Ohio works first (OWF), disability financial assistance (DFA) or refugee cash assistance (RCA) warrant which is not withheld by county or state action and is not received by the payee. Regularly scheduled warrants are system-generated warrants that include regular monthly, auxiliary and supplemental warrants.

(2) The county department of job and family services (CDJFS) in which the payee is currently residing is responsible for completing the necessary forms and authorizing the replacement warrant in replacement warrant situations. The payee’s former county of residence shall provide any assistance needed. If the payee for the warrant is someone other than the OWF, DFA, or RCA recipient, the payee is the person responsible for cooperating with the agency and completing the necessary forms.

(3) CDJFS adherence to the provisions set forth in this rule is mandatory and is monitored by the Ohio department of job and family services (ODJFS) office of fiscal services. When necessary, ODJFS will notify the auditor of state or treasurer of state of any actions taken.

(4) All forms and any necessary correspondence should be addressed to the ODJFS, bureau of accounting.

(B) Initial report of warrant not received

(1) When the payee reports that he or she did not receive a regularly scheduled warrant in the mail and it is past the time that the warrant should have been received, the CDJFS shall take the following actions:

(a) Check the client registry information system-enhanced (CRIS-E)issuance history to assure that a warrant was issued for that assistance group. The CDJFS should also assure that the person reporting nonreceipt is designated as the payee in CRIS-E.

(b) Check CRIS-E issuance history to determine if the warrant was returned and canceled as set forth in paragraph (C) of this rule, or void (over sixty days old), as set forth in paragraph (D) of this rule.

(2) If it appears that the warrant was mailed (or redirected) correctly, and none of the circumstances set forth in paragraph (B)(1)(b) of this rule are applicable, the CDJFS shall advise the payee to wait five working days from the mailing date of the warrant and to notify the CDJFS immediately if the warrant is received. In making the determination whether the warrant appears to have been mailed correctly, the CDJFS shall check for any information regarding an alternate mailing address on the AEFAM screen in CRIS-E.

(3) The five-working-day waiting period may be waived if the warrant was not received due to a mail robbery. A “mail robbery” is defined as the robbery of a United States (U.S.) postal service building, vehicle, container, or employee. Verification of the mail robbery must be retained in the case and assistance group records. Acceptable verification of a mail robbery is a statement from the post office stating that a robbery of a specific U.S. postal service building, vehicle, container or employee, containing mail destined for a specific area has occurred.

(1) If CRIS-E issuance history shows that the warrant was returned and canceled (RC), the CDJFS shall issue a replacement warrant through the CRIS-E benefit issuance subsystem in accordance with the provisions set forth in paragraph (G) of this rule. The CDJFS should also assure that the address identified for the assistance group in CRIS-E is the correct address. If the assistance group has moved from the address of record, the CDJFS shall take the necessary and appropriate actions to effect the address, assistance group, and case changes. The CDJFS should also check the CRIS-E authorized representative screens to ensure that they do not contain incorrect information.

(2) Completion of forms JFS 02132, “Affidavit in Support of Application for Replacement Warrant” (11/2000), and AUD 7202, “Auditor of State Welfare Audits and Investigation” (undated) is not required in this type of replacement warrant situation.

(D) Warrants shown as void on CRIS-E issuance history If CRIS-E issuance history shows that the warrant was void (VO) because the warrant is over sixty days old, the CDJFS must issue a replacement warrant in accordance with the provisions set forth in paragraph (G) of this rule.

(E) Warrants reported as not received (or located) by the fifth working day from mailing and that show on CRIS-E issuance history as redeemed

(1) If the warrant is reported as not received by the payee or located within five working days from the mailing date, and the warrant shows on CRIS-E issuance history as redeemed, the CDJFS shall replace the warrant through the CRIS-E benefit issuance subsystem in accordance with the provisions set forth in paragraph (G) of this rule. A warrant shows as redeemed when the treasurer of state has negotiated the warrant.

(2) Since the warrant has already been redeemed, as confirmed by CRIS-E issuance history, attempting to effect a stop payment prior to replacing a warrant that has been redeemed cannot be done and is not required.

(3) Prior to replacing the warrant through the CRIS-E benefit issuance subsystem, the CDJFS shall require the completion of forms JFS 02132 and AUD 7202 by the payee. Both originals and one copy of each of the completed forms must immediately be forwarded to the ODJFS bureau of accounting stop payment unit.

(F) Warrants reported as not received by the fifth working day from mailing and that are not identified as redeemed, returned and canceled, or void on CRIS-E issuance history.

(1) When a warrant is reported as not received by the fifth working day from mailing, and CRIS-E issuance history does not show a disposition of redeemed, returned and canceled, or void, the warrant is “missing”. The CDJFS must replace the missing warrant through the CRIS-E benefit issuance subsystem.

(2) Prior to replacing the missing warrant through CRIS-E, the CDJFS shall take action necessary to effect a stop payment on the missing warrant.

(3) The CDJFS action necessary to effect a stop payment is accomplished in CRIS-E by requesting payment stopped on the outstanding warrant via the SFSP (support functions stop payment request screen). Once the CDJFS enters the information in SFSP, the stop payment information will be transmitted nightly to the treasurer’s office.

(4) Following the CDJFS entering the stop payment request in CRIS-E via SFSP, the CDJFS shall require completion of forms JFS 02132 and AUD 7202 by the payee. However, these completed documents should not be forwarded to the ODJFS bureau of accounting at this point, but should be retained in the assistance group record.

(5) In the event that (following the CDJFS request for a stop payment via SFSP) the warrant is redeemed prior to the treasurer’s office effecting the stop payment, the CDJFS must immediately forward both the originals and one copy of each of the completed forms JFS 02132 and AUD 7202 to the ODJFS bureau of accounting stop payment unit.

(6) The CDJFS may not telephone a stop-payment order except in situations of loss, theft, or destruction after endorsement (to be followed by the completed stop payment package, as set forth in paragraph (I) of this rule.

(G) Authorization of the replacement warrant

Following the completion of the procedures appropriate for the specific replacement situation as set forth in paragraphs (C) to (F) of this rule, the CDJFS shall replace the missing warrant. This shall be accomplished via the CRIS-E benefit issuance subsystem.

(H) Warrant is received but is subsequently lost, stolen, or accidentally destroyed before endorsement

(1) When a payee reports that the warrant was received, but was subsequently lost, stolen, or accidentally destroyed before endorsement, (i.e., the payee no longer has the warrant in his possession) the CDJFS shall apply the procedures set forth in paragraph (E) or (F) of this rule (depending upon whether the warrant has been redeemed as identified on issuance history, or the warrant is missing). The CDJFS shall proceed to authorize the replacement warrant in accordance with paragraph (G) of this rule.

(2) If the payee alleges that the warrant was stolen, the CDJFS shall require the payee to file a police report, prior to replacing the warrant.

(I) Warrant is received but is subsequently lost, stolen, or accidentally destroyed after endorsement

(1) When a payee reports that the warrant was received but it was lost, stolen, or accidentally destroyed after it was endorsed by the payee (i.e., the payee no longer has the endorsed warrant in his possession), a replacement warrant can be issued only after the CDJFS takes action to effect a stop payment on the original warrant and prevent the original warrant from being redeemed by the treasurer of state.

(2) Once the CDJFS has determined that the warrant has not been redeemed by the treasurer of state (as identified in CRIS-E issuance history), the CDJFS shall immediately telephone the ODJFS bureau of accounting to order payment stopped on the original warrant. A situation of loss, theft, or destruction after endorsement are the only situations in which the CDJFS is permitted to telephone a stop payment. The CDJFS must immediately follow up the telephone authorization by completion of the procedures set forth in paragraphs (F) and (G) of this rule.

(3) If the payee alleges that the warrant was stolen, the CDJFS shall also require the payee to file a police report, prior to replacing the warrant in accordance with the procedures set forth in paragraph (G) of this rule (only warrants that have not been redeemed by the treasurer of state may be replaced).

(J) Warrant is received but is damaged or mutilated

(1) When a payee reports that the warrant is damaged or mutilated, (i.e., the payee still has the damaged/mutilated warrant in his possession) the action taken by the CDJFS is dependent upon the extent of the damage to the warrant and whether the payee endorsed the warrant before it was damaged.

(2) The five-working-day waiting period is not used in any instance of a damaged or mutilated warrant.

(3) If a warrant is mutilated or damaged beyond recognition, the CDJFS shall follow the provisions set forth in paragraph (H) of this rule, if the warrant was damaged prior to endorsement. Conversely, the CDJFS shall follow the provisions set forth in paragraph (I) of this rule if the warrant was damaged beyond recognition after it was endorsed.

(4) If a payee reports that the warrant is not damaged beyond recognition but damaged enough that it cannot be cashed as determined by a financial institution, the CDJFS shall proceed to replace the warrant as set forth below. The payee must have in his possession the damaged warrant, or the major part of the warrant. An example of a warrant damaged enough that the payee cannot cash it, but not damaged beyond recognition is the warrant being ripped into two pieces.

(5) When the warrant is damaged so that it cannot be cashed, the following steps must be taken in order to ensure proper reimbursement:

(a) The CDJFS shall obtain the damaged warrant from the payee.

(b) The CDJFS shall have the JFS 02132 completed by the payee. The words “Damaged Warrant” must be typed across the top of the form. The payee’s signature is required on this form.

(c) The CDJFS shall attach the damaged warrant to the JFS 02132 and forward them to the ODJFS payment distribution section.

(d) The CDJFS shall proceed to replace the warrant via the CRIS-E benefits issuance subsystem, in accordance with the provisions set forth in paragraph (G) of this rule.

(6) All necessary activities as described in this rule must be completed within fourteen days of the date that the payee initially notified the CDJFS that the warrant was damaged or mutilated, because the replacement warrant must be authorized within fourteen days of the date that the payee reported the warrant was damaged or mutilated.

(K) Warrant is lost, stolen, or destroyed by holder in due course.

(1) The payee may receive, endorse, and cash the warrant, after which the holder in due course, or second payee has the warrant and it is then lost, stolen or destroyed. The holder in due course is the vendor or the individual who cashed the warrant for the payee.

(2) The CDJFS must explain the following replacement procedure to both the payee and the holder in due course.

(3) The following actions shall be taken when a warrant is received, endorsed, and cashed by the payee and is subsequently lost, stolen, or destroyed:

(a) Check CRIS-E issuance history to verify that the warrant has not been redeemed by the treasurer of state.

(b) If the original warrant has been redeemed, as identified on issuance history, the warrant cannot be replaced. The CDJFS shall obtain a copy of the redeemed warrant and forward it to the holder in due course for possible legal action.

(c) If the warrant is not identified as redeemed in issuance history, the CDJFS shall immediately telephone the ODJFS bureau of accounting and order payment on the warrant stopped. A situation of loss, theft, or damage after endorsement is the only situation in which the CDJFS is permitted to telephone a stop payment. The CDJFS must follow up the telephone authorization by proceeding in accordance with the provisions set forth in paragraph (F) of this rule.

(d) Complete an AUD-8184, “Auditor of State Application for Replacement Warrant (Holder in Due Course)” (02/1996), front side only. (This form is available from the ODJFS bureau of accounting, as well as the auditor’s office.) this form must be signed by the holder in due course, or second payee. The back side of the form will be completed by ODJFS. The CDJFS is responsible for assisting the holder in due course in the completion and filing of this form with ODJFS.

(e) Forward the original and one copy of the AUD 8184 to the ODJFS bureau of accounting.

(4) A replacement warrant can be issued to a holder in due course only if the original warrant has not been redeemed, and after all of the above activities are completed. When issuance of a replacement warrant to a holder in due course is necessary, the CDJFS shall issue the replacement warrant to the holder in due course by changing the payee for the assistance group to the holder in due course (person/organization) on the authorized representative (AEFAR) screen. Following the issuance of the replacement warrant to the holder in due course, the CDJFS must assure that the holder in due course information (listing the holder in due course as the authorized representative for the assistance group) is immediately deleted, so that any subsequent month’s warrants (or correspondence) are not incorrectly delivered to the holder in due course.

(L) Referral of warrants received by the treasurer of state for handwriting analysis

(1) Following completion of the warrant replacement procedures set forth in paragraphs (E) and (G) of this rule, in situations when the payee reports nonreceipt, loss, or theft of a warrant and that warrant is redeemed by the state treasurer, an analysis of the signature shall be made to determine whether the payee endorsed the warrant.

(2) When ODJFS finds that the original warrant has been redeemed by the treasurer of state, ODJFS will obtain copies of the redeemed warrant and will forward copies of the redeemed warrants to the CDJFS. ODJFS shall send the copy of the redeemed warrant and the AUD 7202 to the document division, bureau of criminal investigation (BCI). BCI will conduct an examination to determine the degree of similarity between the payee’s handwriting on the AUD 7202 and the endorsement of the warrant.

(3) Following this examination, the document division, BCI will return a notice to ODJFS indicating one of the following findings:

(a) The handwriting sample and the endorsement do not contain sufficient points of similarity. When the BCI’s examination reveals that there are not sufficient points of similarity, forgery is indicated. ODJFS will not notify the CDJFS as set forth in paragraph (M) of this rule.

(b) It cannot be determined whether there is a similarity between the handwriting sample and the endorsement. In this case, additional handwriting specimens are needed. When the examination reveals that a determination cannot be made and additional handwriting samples are required, ODJFS will notify the CDJFS. The CDJFS shall proceed to take the actions set forth in paragraph (N) of this rule.

(c) The handwriting sample and the endorsement contain sufficient points of similarity. Similarities indicate endorsement was written by the payee. When BCI’s determination reveals that there are sufficient points of similarity, an overpayment and possible fraud are indicated. ODJFS will notify the CDJFS of BCI’s determination. The CDJFS shall proceed to take the actions set forth in paragraph (O) of this rule.

(M) Actions taken after handwriting analysis is completed by BCI — cases in which forgery is indicated

(1) The actions required after the handwriting analysis is completed are dependent upon the conclusions of the BCI determination.

(2) When the investigation by BCI indicates that the handwriting specimen and the endorsed warrant do not contain sufficient points of similarity, ODJFS shall send the original warrant and the original JFS 02132 to the treasurer of state. The treasurer will make a collection from the bank or merchant who cashed the warrant. The treasurer of state will then issue a depository trust fund (DTF) check to ODJFS as reimbursement (for the duplicate check issued to the payee).

(3) If the treasurer of state is unable to collect from the bank (or merchant) who cashed the check because the bank (or merchant) refuses to pay, the treasurer of state will refer the collection to the attorney general for further investigation and possible collection. If the attorney general determines that the payee endorsed the original warrant, the CDJFS shall follow the procedures set forth in paragraph (O) of this rule.

(N) Cases in which additional handwriting samples are required

(1) When BCI is not able to make a determination regarding the similarity between the handwriting specimen and the endorsement, ODJFS shall notify the CDJFS. The CDJFS must provide additional specimens of the payee’s handwriting. This can be accomplished by forwarding handwriting samples of the payee’s signature that are contained in the assistance group record or by having the payee complete an additional AUD 7202. The CDJFS must follow any additional instructions from ODJFS regarding this request.

(2) Within ninety days, the CDJFS must return the new handwriting specimen, along with a copy of the notice from ODJFS identifying the need for the additional handwriting specimen, to the ODJFS bureau of accounting. The ODJFS bureau of accounting will forward the handwriting specimen and the copy of the notice from ODJFS to BCI. BCI shall then continue the investigation of the case.

(3) If the CDJFS does not return the additional handwriting specimen to the ODJFS bureau of accounting within ninety days, the ODJFS bureau of accounting will notify the ODJFS bureau of county finance and technical assistance, which will initiate appropriate enforcement actions against the CDJFS.

(O) Cases in which it is determined by BCI that the payee endorsed the original warrant

(1) When BCI determines that there are sufficient points of similarity to indicate that the payee endorsed the original warrant, and notifies ODJFS of this determination as set forth in paragraph (N) of this rule, an overpayment has occurred because the payee endorsed and cashed the original warrant, as well as the replacement warrant. Recovery of the overpayment must be pursued by the CDJFS.

(2) When the notice that ODJFS sends to the CDJFS indicates that the payee’s known handwriting and the endorsed warrant contain sufficient points of similarity, the CDJFS shall call the payee in to the CDJFS for an interview. If the payee admits to having endorsed the original warrant, the CDJFS shall take action to recover the overpayment, in accordance with rules 5101:1-5-50 and 5101:1-23-70 of the Administrative Code.

(3) If, during the interview, the payee denies endorsing the original warrant, (and a replacement warrant was also issued), the CDJFS may file charges against the payee, through the county prosecutor, in accordance with section 2913.02 or section 2921.13 of the Revised Code. Prior to referring the case to the county prosecutor, the CDJFS must submit a written request to ODJFS that requests a written report about the handwriting analysis from BCI. ODJFS must forward the original warrant and the AUD 7202 to BCI requesting a written analysis. After the CDJFS receives BCI’s written report, the case can be referred to the county prosecutor and paragraphs (O)(4) to (O)(6) of this rule may be applied.

(4) The CDJFS is obligated to make a good faith effort to recover the overpayment. If the CDJFS does not make a good faith effort to recover the overpayment ODJFS will initiate appropriate enforcement actions against the CDJFS.The office of fiscal services tracks all cases in which both the original warrant and the replacement warrant were cashed by the payee and will monitor the CDJFS efforts to collect the overpayment. As long as a good faith effort to collect the overpayment is made by the CDJFS, no enforcement action will be taken against the CDJFS by ODJFS.

(5) A good faith effort to recover is made when the CDJFS uses all methods available to recover the overpayment. Those methods include, but are not limited to, the following steps:

(a) Referral of the overpayment to the overpayment recovery unit.

(b) Following all of the overpayment recovery procedures set forth in rules 5101:1-5-50 and 5101:1-23-70 of the Administrative Code.

(c) Referring all cases in which there is probable cause to believe that the crime of fraud has been committed to the county prosecutor.

(d) Collecting from former recipients.

(e) Attempting to locate former recipients.

(f) Documenting all recovery efforts in CRIS-E running record comments (CLRC), or in running record comments in the benefit recovery (BV)subsystem.

(g) Justifying and documenting causes of failure to collect all or part of the overpayment.

(h) Reporting all recovery action, or lack of action, to ODJFS office of fiscal services.

(i) Proving that the case involved forgery instead of fraud and resubmitting the case (with the proof of forgery) to ODJFS for possible forgery collection.

(6) The good faith effort requirement is not met by simply referring the case to the county prosecutor, by the prosecutor’s rejection of a referral due to a minimum threshold, or by the prosecutor’s unwillingness to pursue collection. The CDJFS must take all feasible actions to recover the overpayment.

(P) Hearing rights in delayed payment situations

(1) All appeal rights available to assistance groups in all other situations, as set forth in division 5101:6 of the Revised Code are applicable to the provisions set forth in this rule.

(2) A state hearing decision in favor of the payee will instruct the CDJFS to follow the appropriate procedures in this rule, including completion of all required forms and issuance of a replacement warrant.

(Q) Replacement of electronic funds transfer (EFT) benefits

(1) The CDJFS shall follow the provisions in rule 5101:1-2-80 of the Administrative Code for the replacement of electronic funds transfer benefits that were not received by the assistance group.

Effective: 03/01/2007

R.C. 119.032 review dates: 11/28/2006 and 03/01/2012

Promulgated Under: 119.03

Statutory Authority: 5107.05, 5115.03

Rule Amplifies: 5107.05, 5115.03

Prior Effective Dates: 5/1/71, 5/1/75, 2/1/84 (Emer.), 5/1/84, 6/1/84, 4/19/85, 1/1/86 (Emer.), 2/3/86 (Emer.), 4/1/86, 10/1/88 (Emer.), 12/20/88, 10/1/91, 1/1/94 (Emer.), 3/18/94, 1/1/95, 1/1/96, 7/1/98, 10/1/98, 11/01/02

5101:1-2-60 Repatriate program.

(A) What is the repatriate program?

(1) The United States (U.S.) repatriate program provides temporary assistance, care and treatment for persons after they have returned to this country.

(2) Temporary financial assistance is provided in the form of a loan that is required to be repaid to the U.S. government. It may be furnished to individuals for up to a maximum of ninety days from the date of arrival in the U.S.

(3) Temporary financial assistance includes:

(a) Cash assistance at the port of entry when it is determined that the repatriate has no such resources immediately available to him or her. Assistance provided to the individual includes:

(i) Transportation costs – a one-time expense to assist individuals in reaching their place of residence, the home of relatives, or the place where they will be resettled. The lowest cost and most direct means of transportation shall be used unless effective service to the individual calls for providing other accommodations. Transportation assistance will cover expenses incidental to travel such as meals and lodging en route and assistance with luggage, checking, storage, or transportation of personal effects.

(ii) Meals and food items – this includes the cost of a special diet as recommended by a physician;

(iii) Clothing – an initial supply of clothing, including coats, boots, shoes, etc.; and

(iv) Shelter – the need for temporary housing should not exceed five days at the point of entry. Cash assistance will be nominal in amount if the repatriate’s needs for temporary shelter and food are being met on a congregate basis, with cash provided only for personal items.

(b) The cost of necessary medical assistance, including payment of the cost of medical and hospital care which is necessary because of the condition of an eligible repatriate’s health.

(i) This care shall be paid in accordance with the Ohio department of job and family services (ODJFS) fee schedule.

(ii) In lieu of the ODJFS fee schedule, the customary fees paid by other third-party groups such as health maintenance organizations may be paid.

(c) Subsistence and resettlement expenses of up to five-hundred sixty dollars per person in the first month to pay for up front expenses such as rental or security deposits, essential clothing, and household, transportation and personal incidentals. There are other essential needs that may be provided such as household furnishings to make a home liveable and to provide for the safety, health and welfare of the repatriate and the repatriate’s family. These needs can be authorized one time only.

(B) Who is eligible for assistance under the repatriate program?

In order for an individual to be eligible for assistance under the repatriate program, he or she shall meet the following:

(1) Eligibility must be certified by the U.S. department of state to the U.S. department of health and human services (DHHS).

(2) The individual shall be a U.S. citizen or a dependent of a U.S. citizen. Those who qualify as a dependent of a U.S. citizen include:

(a) Spouse;

(b) Parents;

(d) Grandparents;

(e) Unmarried minor children including adopted children and stepchildren;

(f) Unmarried adult children who are dependent because they have disabilities, including adopted children and stepchildren; and

(g) Minor siblings of the U.S. citizen and his or her spouse.

(3) The individual shall be in the U.S., having returned from a foreign country as a result of:

(a) Destitution;

(b) Illness (including a mental disability); or

(4) The individual has no income or resources immediately available for living expenses.

(a) Assistance for repatriated U.S. citizens shall be given when the individual’s liquid resources are at or below the maximum resource limits as set forth in rule 5101:4-4-01 of the Administrative Code and the income is insufficient to meet the expenses for food, clothing, shelter, medical care, and other essential needs.

(b) Resources to be considered are only those immediately accessible. Resources are considered immediately accessible when they are in existence, under the control of the individual, and when the individual can utilize them. The fact that an individual may have resources in a foreign country does not affect eligibility if the foreign country prohibits their removal.

(c) Income eligibility must be determined. The individual may have income through an employer prior to his or her repatriation. When this occurs, the income and eligibility calculation shall be determined in accordance with rule 5101:1-23-20 of the Administrative Code.

(1) The U.S. department of state certifies the persons who qualify for assistance under this program.

(2) If an individual returns to the U.S. because of destitution or illness and needs assistance after arrival in the U.S., the U.S. department of state will notify the administration for children and families (ACF) in the DHHS, who makes a referral to the international social service-United States of America branch, incorporated (ISS-USA) about the individual situation, arrival time and final destination. This information is provided by a U.S. consular office abroad.

(3) The ISS-USA will provide ODJFS with this information.

(4) ODJFS shall contact the county department of job and family services (CDJFS) in the county of final destination. The CDJFS shall provide services that are needed for eligible individuals such as transportation, medical care and financial assistance.

(5) Following such notification, the CDJFS shall take the following actions:

(a) Determine the initial housing needed. If arrival occurs before the housing plans can be completed, a temporary hotel or motel may be used.

(b) Make plans to meet the repatriate and the repatriate’s family. In most instances, this will be at the local airport.

(c) Advise the ODJFS cash assistance policy section of the name, address and telephone number of the person meeting the repatriate and of the housing arrangements. The cash assistance policy section shall provide the information to the ISS-USA.

(d) Provide each repatriate with a copy of the “Temporary Assistance for Repatriates” pamphlet (rev. 9/2007) which explains the program and the requirements to repay the federal government for the cost of services received.

(e) The individual will also be asked to complete the repatriation program consent form which allows the DHHS, ACF, office of refugee resettlement (ORR), and the repatriation program to collect, have access to, and disclose protected health information (PHI) for the purpose of making program financial decisions (PFD).

(f) Establish a case record.

(g) Determine the repatriate’s ability to repay as set forth in paragraph (F) of this rule and develop a repayment plan when possible.

(h) Determine eligibility for repatriate assistance and authorize financial and medical assistance in the form of county money payments.

(i) Refer all cases to the CDJFS social service area for counseling and referral for employment, referral for educational opportunities, occupational retraining, housing services, legal services, child care and protection, if indicated. Other services may also be necessary to help the repatriate and his or her family adapt to the changes in their circumstances and to become self-supporting as quickly as possible.

(j) Explore eligibility for other programs such as Ohio works first (OWF), medicaid, and food stamps.

(k) Maintain a record of the period of eligibility and the amounts of the assistance the repatriate receives in two categories:

(i) Port of entry assistance (expenses at port of entry); and

(ii) Subsistence and resettlement assistance (initial expenses for resettling).

(D) How long can an individual receive assistance under the repatriate program?

(1) The subsistence and resettlement payment described in paragraph (A)(3)(c) of this rule may be authorized for a period of up to ninety days from the day of arrival of the eligible person into the U.S., provided the individual or family is not eligible for another program (OWF or supplemental security income {SSI}). If the ninety-day period passes and there is no request for further assistance, the repatriate is no longer eligible under this program.

(2) If the repatriate is not eligible for assistance through OWF or SSI and is unable to attain self-support due to age, disability, or lack of vocational training, repatriate assistance may be extended for an additional nine months when authorized by the ISS-USA.

(3) The CDJFS shall submit any request for an extension to ODJFS, cash assistance policy section, as soon as the need for additional assistance is recognized. The request for additional repatriate assistance shall be submitted to the ISS-USA prior to the expiration of the initial ninety-day period of eligibility.

(4) All requests for an extension of temporary assistance beyond the ninety-day period shall include the following information:

(a) The names of all family members, their country of citizenship, and their relationship to the U.S. citizen;

(b) Date and port of entry into the U.S.;

(d) For cases where immigration status precludes a family from meeting eligibility for OWF assistance, the state shall document its efforts to resolve U.S. citizenship and immigration (CIS) barriers;

(e) A statement describing the job search efforts of the head or heads of household; and

(f) Any special circumstances which describe the reasons why an individual or family is unable to achieve self-support should also be stated in the request.

(E) How much assistance can an individual receive under the repatriate program?

(1) The maximum amount of subsistence and resettlement assistance which may be provided to a repatriate for the first month of the ninety-day period is up to five-hundred sixty dollars per individual. This is in recognition that housing costs vary substantially and up-front expenses in the form of rental or security deposits and utilities are normally required. This amount is in addition to any assistance provided to the repatriate at the port-of-entry for immediate needs.

(2) The remaining two months of assistance that an individual may be eligible to receive shall be based on the appropriate OWF payment standard for the family assistance group size.

(F) Is repayment required for individuals who receive assistance under the repatriate program?

(1) An individual who has received repatriate assistance shall be required to repay any or all of the cost of such assistance to the U.S. A cooperative agreement exists between the ACF, ORR and the ISS-USA. A CDJFS who provides assistance to eligible individuals under the repatriate program will receive reimbursement from the ISS-USA.

(2) The CDJFS shall evaluate the repatriate’s ability to repay during the initial contact and interview. The repatriate shall be required to sign the “Privacy Act Statement/Repayment Agreement” regardless of his or her ability to repay or the CDJFS recommendation to waive the repayment. The original copy of the “Privacy Act Statement/Repayment Agreement” shall be attached to the JFS 07358, “Repatriate Monthly Case Summary Report” (rev. 12/2007) and the JFS 07359, “Repatriate Monthly Summary of Expenditures” (rev. 12/2007). The CDJFS shall forward the recommendation regarding financial ability of the repatriate to make repayment, the repatriation program consent form if signed, and the “Privacy Act Statement/Repayment Agreement” with the JFS 07358 and JFS 07359 to the ODJFS cash assistance policy section within ten business days of the initial contact with the repatriate.

(3) In exploring the repatriate’s ability to repay, the CDJFS shall take into account income and resources currently available to the repatriate and those resources which may be available in the future.

(4) Ability to repay will be considered to exist when income and/or resources in excess of continuing needs can be expected to become readily available to the individual within one year after self-support is attained. It is not intended that an individual deplete income and/or resources which are needed to become independent or to maintain independence in order to repay the federal government. Income and/or resources are to be considered readily available when they are in existence, under the control of the repatriate, and sufficient to be drawn upon for repayment. When exploring the repatriate’s ability to repay, such factors as the type of usual occupation, amount of indebtedness, and employment history shall be considered.

(5) Assistance that is less than fifty dollars is impractical for collection and is not required to be repaid.

(6) ODJFS will forward the CDJFS recommendation regarding the repatriate’s financial ability for repayment, the JFS 07358, JFS 07359, the repatriation program consent form, and the signed “Privacy Act Statement/Repayment Agreement” to the ISS-USA, which has final responsibility for securing repayment from the repatriate.

(G) What are the other requirements under the repatriate program?

(1) In the event of emergency repatriation situations that result from the U.S. department of state-assisted evacuation of U.S. citizens from a country due to crisis or natural disaster, the ACF ORR will assume administrative responsibilities. These situations will generally be handled by the DHHS as the lead agency responsible for arranging through state agencies for the reception, temporary care, and onward transportation to the final destination of non-combatant evacuees returned to the U.S. from a foreign country.

(2) Financial assistance under the repatriate program is subject to one hundred per cent federal reimbursement. It is essential that the CDJFS submit claims as soon as possible after the end of each month, but no later than ten business days after the close of the month. If claims cannot be submitted within the time frame designated, the CDJFS shall notify the ODJFS cash assistance policy section so that regulations can be followed to assure that federal funds will be obligated and available to pay the claim when it is received.

(3) The CDJFS is required to keep separate accounts for the Repatriate Program so that the transactions may be readily identifiable from those of other programs. A separate fiscal record should be established and maintained for each person for whom expenditures are made with sufficient information, including copies of bills paid and receipts, to enable the CDJFS to identify and support the costs for which reimbursement is requested.

(4) All hearing rights in accordance with division 5101:6 of the Administrative Code are to be afforded to applicants/recipients of the repatriate assistance program who wish to appeal a decision made by the CDJFS.

Replaces: 5101:1-2-60

Effective: 09/01/2008

R.C. 119.032 review dates: 09/01/2013

Promulgated Under: 119.03

Statutory Authority: 5101.02, 5101.49

Rule Amplifies: 5101.49

Prior Effective Dates: 1/1/74, 11/1/75, 7/1/76, 4/1/86, 10/1/89 (Emer.), 12/16/89, 5/1/95, 7/1/97, 7/1/98, 7/1/03

5101:1-2-70 Issuance of cash assistance benefits.

(A) What are the options for the issuance of cash assistance benefits?

Effective August 1, 2009, assistance groups applying for or in receipt of Ohio works first (OWF), disability financial assistance (DFA) and refugee cash assistance (RCA) have two options for the issuance of monthly cash benefits. The two options are:

(1) Electronic payment card; or

(2) Electronic funds transfer

When an assistance group completes the reapplication process they must choose to have the cash benefits issued either through electronic payment card or electronic funds transfer.

(B) What is the difference between the electronic payment card and electronic funds transfer?

(1) The electronic payment card is a pre-paid card system which transfers cash benefits to an account accessed by a magnetic strip card.

(2) The electronic funds transfer is a direct deposit system that transfers cash benefits electronically to individual bank accounts.

(1) The assistance group shall be informed of the two options at application and reapplication and provided informational material.

(2) If the assistance group selects the electronic funds transfer issuance, the county department of job and family services (CDJFS) shall follow the provisions set forth in rule 5101:1-2-80 of the Administrative Code.

(3) If the assistance group chooses the electronic payment card method, the CDJFS shall make the appropriate designation in the client registry information system-enhanced (CRIS-E). This will result in the mailing of the electronic payment card and informational material to the assistance group payee or protective payee.

(4) When a benefit issuance method is selected, no change will be made until the next reapplication, unless the CDJFS determines that there is good cause for a change before the next scheduled reapplication.

(D) Are there fees associated with these methods of issuance?

(1) Certain transactions may incur fees associated with the electronic payment card. A complete list of fees is provided by the vendor in the client disclosure statement materials.

(a) Fees associated with the use of the electronic payment card will be deducted from the balance on the card.

(b) Fees deducted from the balance on the card will be identified on the assistance group’s account. The assistance group can confirm this by tracking the account on the internet or calling the electronic payment card vendor’s customer service number.

(c) If the assistance group disputes the fees associated with the use of the card, the CDJFS shall refer them to the electronic payment card vendor’s customer service for resolution.

(2) Fees associated with electronic funds transfer are addressed in rule 5101:1-2-80 of the Administrative Code.

(E) What happens if the assistance group’s card is lost, stolen or not received?

(1) If the electronic payment card is lost, stolen or not received, the assistance group must contact the electronic payment card vendor’s customer service to request a replacement card.

(2) Each assistance group can receive up to four replacement cards at no cost in a one year period of time. The one year period of time is calculated from the initial card issuance date.

(3) There is a fee for additional replacement cards after the four free replacements.

(F) Who does an assistance group contact if there are problems with using the card?

(1) If there is an issue or question regarding the amount of cash assistance benefits that are issued, the assistance group must contact the CDJFS.

(2) If there is an issue or question regarding a technical issue related to use of the electronic payment card, the assistance group must contact the electronic payment card vendor’s customer service.

(3) If there is a dispute or question relating to purchases or fees assessed on the account, the assistance group must contact the electronic payment card vendor’s customer service.

Effective: 08/01/2009

R.C. 119.032 review dates: 02/01/2014

Promulgated Under: 119.03

Statutory Authority: 329.03, 5107.05, 5115.03

Rule Amplifies: 329.03, 5101.33, 5107.05, 5107.12, 5115.03, 5115.06

Prior Effective Dates: 2/1/09

5101:1-2-80 Direct deposit-electronic funds transfer of cash assistance payments.

(A) What is electronic funds transfer (EFT)?

(1) EFT is a direct deposit payment system that transfers funds electronically to individual bank accounts.

(2) EFT is applicable to cash assistance payments issued under the Ohio works first (OWF), disability financial assistance (DFA) and refugee cash assistance (RCA) programs.

(B) How may a county department of job and family services (CDJFS) establish a direct deposit program?

(1) Any board of county commissioners may, by adoption of a resolution, require the CDJFS to establish a direct deposit system for distributing assistance payments under OWF, DFA and RCA, unless the Ohio department of job and family services (ODJFS) has provided for those payments to be made by electronic benefit transfer pursuant to section 5101.33 of the Revised Code.

(2) The resolution of the county commissioners shall specify for each program whether direct deposit shall be voluntary or mandatory. The board may also require the CDJFS to change or terminate direct deposit by adopting a resolution.

(3) The CDJFS shall establish procedures governing direct deposit within sixty days after a resolution requiring direct deposit is adopted. Within one hundred eighty days after the resolution is adopted, the CDJFS shall inform each OWF, DFA or RCA individual of the procedures governing direct deposit and provide the individual with the payment authorization form.

(4) The type of account and the account name are decided by the financial institution and the individual. However, the CDJFS shall require the account title include the individual who is the assistance group payee for the payment.

(1) For counties who have established a voluntary EFT program, individuals may choose to receive cash assistance payments by direct deposit. The CDJFS may pay all charges imposed by a financial institution for establishing and maintaining an account in which direct deposits are made for an individual.

(2) The individual who is the payee for the assistance group can choose at any time to participate in the direct deposit system. The authorization for payment through direct deposit remains in effect until at least the first reapplication.

(3) After an individual has indicated a choice of payment method or financial institution (or account), the individual cannot request a change until the next reapplication, unless the CDJFS determines good cause exists. Good cause includes, but is not limited to, the following:

(a) The financial institution dishonors the individual’s direct deposit account; or

(b) The individual voluntarily withdraws in writing his designation or closes his account at the financial institution.

(D) What procedures apply to mandatory EFT?

(1) Mandatory EFT means a system under which cash assistance payments to all individuals of OWF, DFA or RCA are required to be made to an account in a designated financial institution. The CDJFS shall pay all charges imposed by a financial institution for establishing and maintaining such an account.

(2) An individual’s designation of a financial institution and account suitable for direct deposit shall remain in effect until withdrawn in writing or dishonored by the financial institution. A dishonored payment shall require immediate corrective action once the CDJFS is made aware of the situation.

(3) No change may be made until the next reapplication, unless the CDJFS determines there is good cause for an earlier change.

(E) How is an EFT processed?

(1) The individual is enrolled in the direct deposit program when the individual completes the JFS 07344 “Direct Deposit Authorization” form (rev. 8/2009). This form is to be retained in the assistance group record.

(2) If the individual is required to participate or chooses to participate in direct deposit, and the CDJFS is unable to complete section III “Bank/Savings and Loan or CDJFS Completion” of the JFS 07344, the individual shall be responsible for taking the authorization form to a participating financial institution and having the financial institution complete section III. The individual shall be responsible for returning the completed form to the CDJFS.

(3) For mandatory electronic funds transfer, the individual has ten calendar days after receiving the JFS 07344 to designate an account. If within the required time the individual does not make a designation or requests the CDJFS to make the decision, the CDJFS shall issue the cash assistance benefits via the electronic payment card in accordance with rule 5101:1-2-70 of the Administrative Code.

(4) If the assistance group selects the direct deposit method, the CDJFS shall make the appropriate designation in the client registry information system-enhanced (CRIS-E).

(5) The eighth working day from the end of each month is the cutoff date for entering direct deposit information into CRIS-E for the assistance group. Direct deposit data entered into CRIS-E on or before the eighth working day from the end of the month allows the assistance group’s payment to be deposited in the individual’s bank account the next month. Direct deposit data entered into CRIS-E after the eighth working day from the end of the month causes the direct deposit to take effect the second month after the direct deposit data entry.

(F) How are changes processed?

(1) When changes occur, such as a change in account number or financial institution, or a change in the payee for the assistance payment, the individual must be advised to report such changes so that the direct deposit payment can continue with as little interruption as possible.

(2) When there is a change in a bank account or savings and loan account number or transit routing number, all direct deposit data must be reentered on the appropriate screen in CRIS-E. The direct deposit processing/cutoff date as set forth in paragraph (E)(5) of this rule also applies to changes made in direct deposit account/transit routing numbers. The change in the direct deposit account/transit routing number may result in the payment by electronic payment card for at least one month. The CDJFS must document the change in banking account or saving and loan account number or transit routing number in the case record.

(3) A change in county of residence will not result in a change in grant payment method from direct deposit. The CRIS-E coding for direct deposit must be reentered even if the individual’s bank/savings and loan account number and transit routing number have not changed. The new county of residence will need to contact the individual to inform and instruct the individual of the voluntary or mandatory status of the county’s payments.

(G) What happens if the individual’s bank account is closed or if the direct deposit account has been dishonored?

(1) An individual must notify the CDJFS if the individual is closing the account to which the assistance group’s payment is sent or if the direct deposit account has been dishonored by the financial institution. If the individual fails to notify the CDJFS prior to the time the next payment is sent, the cash assistance payment will not be accepted by the financial institution for deposit and will be returned to the ODJFS.

(2) A returned direct deposit payment is an assistance payment which has not been accepted by the financial institution for deposit because the individual’s account is closed or has been dishonored. Action must be taken to reissue the rejected benefit.

(3) All hearing rights provided in division 5101:6 of the Administrative Code apply.

Replaces: 5101:1-2-80

Effective: 08/01/2009

R.C. 119.032 review dates: 08/01/2014

Promulgated Under: 119.03

Statutory Authority: 329.03, 5107.05, 5115.07

Rule Amplifies: 329.03, 5107.05, 5115.07

Prior Effective Dates: 2/9/84 (Temp.), 5/1/84, 1/1/96, 5/1/97, 7/1/98, 7/1/03, 8/1/08

5101:1-2-85 New hire reporting program (W-4).

(A) As set forth in section 3121.891 of the Revised Code and section 453a of Public Law 104-193 (1996), all employers (except the federal government) are required to provide information regarding employees who are newly hired, rehired, or who have returned to work. This information is to be provided to the Ohio department of job and family services (ODJFS) within twenty days after the date on which the employer hires or rehires an employee or the employee returns to work.

(B) Information obtained as a result of the new hire reporting program shall be used to detect fraud in any program administered by ODJFS.

(C) Immediately upon receipt of a new hire alert, but no later than three working days, the county department of job and family services (CDJFS) shall contact the assistance group by telephone. The information obtained as a result of the telephone contact shall include, but not be limited to the following:

(1) Hourly rate of pay;

(2) Hours worked per week;

(3) Correct mailing address of the employer.

(D) Information reported by the assistance group shall be entered into CRIS-E using “client statement” as the verification source.

(E) All information obtained through the telephone contact shall immediately be followed up with the request for hard copy verification (e.g., pay stubs, employment verification form).

(F) If the assistance group does not have a telephone or cannot be immediately reached, a contact letter shall be sent within three working days.

Effective: 10/01/2005

R.C. 119.032 review dates: 07/13/2005 and 10/01/2010

Promulgated Under: 119.03

Statutory Authority: 3121.8911, 5107.05, 5115.05

Rule Amplifies: 3121.891, 3121.898, 5107.05, 5115.05

Prior Effective Dates: 7/1/98, 3/1/02