5101:1-2-40 Refugee resettlement program definitions.

(A) The refugee resettlement program coordinates benefits and services for refugees in Ohio. The program includes refugee cash assistance (RCA), which provides time-limited cash assistance to refugees who are not eligible for Ohio works first (OWF) or supplemental security income (SSI). The program also includes the refugee social services program (RSSP) and targeted assistance program (TAP), which offer services designed to help refugees achieve self-sufficiency through employment.

(B) The following definitions are applicable to the refugee resettlement program rules, rules 5101:1-2-40.1 to 5101:1-2-40.5 of the Administrative Code:

(1) "Assistance group" means the following individuals who live in the same household:

(a) Individual adults;

(b) Married individuals without children; or

(c) Parents, custodial relatives or legal guardians with minor children.

(2) "Employable" means any refugee except a refugee who provides documentation that the refugee is:

(a) Below the age of sixteen;

(b) Over the age of sixty-four;

(c) Under the age of nineteen and a full-time student in a secondary school or in the equivalent level of vocational or technical training;

(d) The sole caregiver for a child under one year of age or other fully dependent person; or

(e) Unable to work for physical or mental health reasons.

(3) "Entry date" is the date the individual entered the U.S. in an eligible status, or the date an eligible status was granted if it was granted in the U.S.

(a) The entry date for an asylee is the date asylum status was granted in the U.S.

(b) The entry date for individuals from Cuba or Haiti is the date documentation of status was issued by the United States citizenship and immigration services (USCIS).

(c) The entry date for an adult victim of a severe form of trafficking is the certification date from the department of health and human services, office of refugee resettlement (ORR).

(d) The entry date for a minor victim of a severe form of trafficking is the eligibility date from the letter issued by the ORR.

(e) The entry date for a child with an interim assistance letter is the eligibility date from the letter issued by the ORR.

(f) The entry date for Iraqi and Afghan individuals holding special immigrant visa status is the date the individual entered the U.S. or the date special immigrant status was granted in the U.S.

(4) "Family self-sufficiency plan" is a plan that addresses the employment-related service needs of the employable members in an RCA assistance group for the purpose of enabling the RCA assistance group to become self-supporting through the employment of one or more assistance group members.

(5) "Individual employability plan" is an individualized written plan for a refugee participating in RSSP or TAP services that sets forth a program of services intended to result in the earliest possible employment of the refugee.

(6) "Mandatory participant" is any employable refugee receiving RCA who resides in a county receiving an RSSP or TAP allocation pursuant to rule 5101:9-6-16 or 5101:9-6-16.1 of the Administrative Code.

(7) "Matching grant program" is an alternative to public assistance designed to enable refugees to become self-sufficient within four to six months from the entry date. The ORR enters into agreements with resettlement agencies to provide case management, employment services, maintenance assistance and cash allowances to refugees who volunteer to participate in the program. As a condition of participation in the matching grant program, a refugee agrees not to access public cash assistance. The matching grant program begins the thirty first day after the entry date and typically ends three months later.

(8) "Provider" is an organization with established programs of employment services and employability services, as described in rule 5101:1-2-40.3 of the Administrative Code, including job referral and job placement with private employers designed to assist refugees in becoming employed.

(9) "Reception and placement grants" are one-time cash grants from the U.S. department of state or department of justice to the resettlement agency on behalf of the refugee. This money is used to provide for the refugee family's immediate needs upon arrival to the U.S. and is not considered as income.

(10) "Refugee" means an individual with original documentation issued by the USCIS or the ORR, of one of the following statuses under the Immigration and Nationality Act of 1952 (INA):

(a) Paroled as a refugee or asylee under section 212 (d)(5) of the INA, 8 U.S.C. 1182 (05/2007);

(b) Admitted as a refugee under section 207 of the INA, 8 U.S.C 1157 (05/2005);

(c) Granted asylum under section 208 of the INA, 8 U.S.C. 1158 (05/2005);

(d) An alien who is a Cuban or Haitian entrant as defined in 45 C.F.R., part 401 (10/2009);

(e) An Amerasian admitted pursuant to section 584 of Public Law (Pub. L. No.) 100-202 (12/1987), as amended by Pub. L. No. 100-461 (10/1988);

(f) A victim of a severe form of human trafficking, as defined in the Victims of Trafficking and Violence Protection Act of 2000, 114 Stat. 1464, 22 U.S.C. 7102 , who has a letter documenting eligibility as such from the ORR;

(g) A family member of a victim of a severe form of human trafficking, as defined by the Trafficking Victims Protection Reauthorization Act of 2003, Pub. L. No. 108-193;

(h) An alien child issued an interim assistance letter from the ORR pursuant to the William Wilberforce Victims Protection Reauthorization Act of 2008, 22 U.S.C. 7105 ;

(i) An Afghan or Iraqi alien admitted in accordance with Pub. L. No 110-161 of the Consolidated Appropriations Act of 2008 and Pub. L. No 110-181 of the National Defense Authorization Act for Fiscal Year 2008, who was granted a special immigrant visa under section 101(a)(27) of the INA; or

(j) A lawful permanent resident, provided the individual previously held one of the statuses identified in paragraphs (B)(10)(a) to (B)(10)(i) of this rule. The beginning date for eligibility for benefits is based on the entry date in the previous status.

(11) "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.

(12) "Sponsor" means an individual, church, civic organization, state or local government, or other group or organization which has agreed to help in the reception and initial placement of refugees in the U.S. and other public and private non-profit agencies.

(13) "Voluntary participant" is a refugee who lives in a county receiving an RSSP or TAP allocation, whose entry date is fewer than five years before the application date and who is not required to participate in RSSP or TAP as a condition of receipt of RCA or who does not receive RCA.

Replaces: Part of 5101:1-2-40, Part of 5101:1-2- 40.2, Part of 5101:1-2- 40.3, Part of 5101:1-2- 40.4, Part of 5101:1-2- 40.5

Effective: 09/01/2010
R.C. 119.032 review dates: 07/01/2015
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, 4/1/83, 2/9/84 (temp.), 5/1/84, 7/1/84, 7/2/84, 9/1/84 (Emer.), 10/1/84 (Emer.), 11/17/84, 12/27/84, 1/1/85 (Emer.), 4/1/85, 8/1/86 (Emer.), 10/3/86, 7/1/88, 1/1/89 (Emer.), 1/15/89 (Emer.), 4/1/89, 4/1/89 (Emer.), 10/1/89 (Emer.), 11/1/89, 11/17/89 (Emer.), 12/16/89, 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, 7/1/05