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Ohio Laws and Rules
(A) Conflict with Revised Code
(1) Section (5) of Amended Substitute Senate Bill 238 of the 126th General Assembly (09/06) sets forth the following provision: Not later than September 30, 2006, the director of job and family services shall adopt rules as necessary for the state to comply with 42 U.S.C. 607(i)(2) (08/96). If necessary to bring the state into compliance with 42 U.S.C. 607(i)(2) (08/96), the rules may deviate from Chapter 5107. of the Revised Code. Rules adopted under this section that govern financial and other administrative requirements applicable to the department of job and family services and county departments of job and family services shall be adopted in accordance with section 111.15 of the Revised Code as if they were internal management rules. All other rules adopted under this section shall be adopted in accordance with Chapter 119. of the Revised Code.
(2) The county department of job and family services (CDJFS) shall administer the work activity programs in accordance with the requirements contained in this rule and not in accordance with sections 5107.40, 5107.42 and 5107.44 of the Revised Code.
(3) All applicable requirements contained in the Revised Code sections referenced in paragraph (A)(2) of this rule have been incorporated in this rule.
(B) Federal work participation rates
(1) Each federal fiscal year each CDJFS must achieve the minimum federal work participation rates pursuant to 45 CFR 260.21 (06/06). The minimum federal work participation rates are ninety per cent for two-parent assistance groups and fifty per cent for all family assistance groups.
(2) For purposes of calculating federal work participation rates, the definitions set forth in this rule are applicable. In order to meet the definitions of two-parent assistance groups or all-family assistance groups as set forth in paragraphs (C) to (D) of this rule, the work eligible individuals must be included in the assistance group. Learning, earning and parenting (LEAP) participation by a minor head of household, as defined in section 5107.02 of the Revised Code and rule 5101:1-1-01 of the Administrative Code, is included in the two-parent or the all-family assistance group definitions for federal work participation calculation purposes.
(C) Two-parent assistance group
A two-parent assistance group is one that includes:
(1) At least one minor child and two work eligible individuals.
(2) If the only minor child in a two-parent assistance group is in receipt of supplemental security income (SSI) benefits, or is a child for whom federal, state, or local adoption assistance or foster care maintenance payments are made, the assistance group is deemed to include that minor child for purposes of determining eligibility to participate in OWF.
(3) An assistance group that includes two work eligible individuals, when one of the parents is disabled, shall not be considered a two-parent assistance group, but shall be excluded from the two-parent rate for work participation rate purposes. Disability of a parent shall be deemed to exist when at least one parent has a physical or mental illness or impairment. The disability shall be supported by competent medical documentation and must be of such a debilitating nature as to reduce substantially or eliminate the parent’s ability to work. The disability must be expected to last for a period of at least thirty days. A finding of eligibility for retirement, survivor’s, and disability insurance (RSDI) or SSI benefits based on disability or blindness is acceptable proof of a disability for OWF purposes.
(D) All-family assistance groups
All-family assistance groups include two-parent assistance groups as defined in paragraph (C) of this rule, and assistance groups described in paragraphs (D)(1) to (D)(6) of this rule.
(1) An assistance group containing a minor child and a work eligible individual.
(2) An assistance group containing a minor child and a specified relative in need as set forth in rule 5101:1-23-10 of the Administrative Code.
(3) An assistance group as identified in paragraph (C)(3) of this rule shall be included in the all-family assistance group definitions.
(4) An assistance group containing only a pregnant woman who is at least in her sixth month of pregnancy.
(5) If the only minor child is in receipt of SSI benefits, or is a child for whom federal, state or local foster care maintenance or adoption assistance payments are made, the assistance group is deemed to include that minor child for purposes of determining eligibility to participate in OWF.
(6) An assistance group containing a minor child, a work eligible individual and a parent who is a recipient of SSI benefits.
(E) Child-only assistance groups
Child-only assistance groups are excluded from the federal work participation rate calculation. A child-only assistance group is an assistance group containing a minor child residing with a parent, legal guardian, legal custodian, or other specified relative whose needs are not included in the assistance group and who does not meet the definition of a work eligible individual pursuant to paragraph (B) of rule 5101:1-3-12 of the Administrative Code. This includes situations when the minor child resides with both parents, and both parents are recipients of SSI; and when the parent of the minor child is a child for whom federal, state or local foster care maintenance or adoption assistance payments are made.
(F) Federal work activities
(1) Activities in paragraph (F)(2) of this rule are core activities and will meet all the hours of participation for the federal work participation rate. Non-core activities in paragraph (F)(3) of this rule will meet the hours of participation for the federal work participation rate only after the required hours of participation have been completed in a core activity.
For purposes of meeting the federal work participation rates:
(a) The work eligible individuals in two parent assistance groups containing at least two work eligible individuals and not receiving federally funded child care must participate at least an average total of thirty-five hours per week (one hundred fifty-one hours monthly), thirty hours of which must be in a core activity.
(b) The work eligible individuals in two parent assistance groups containing at least two work eligible individuals and an adult in the family is not disabled or is not caring for a child with a disability and receiving federally funded child care must participate at least an average total of fifty-five hours per week (two hundred thirty-seven hours monthly), fifty hours of which must be in a core activity.
(c) The work eligible individuals in all family assistance groups must participate at least an average total of thirty hours per week (one hundred twenty-nine hours monthly), twenty hours of which must be in a core activity.
(d) A work eligible individual who is the only parent or specified relative in need in the family of a child under six years of age meets the federal work participation rate by participating at least an average total of twenty hours per week in core activities (eighty-six hours monthly).
(2) In order to meet the federal work participation rate at least one of the parents in a two parent assistance group must participate sufficient hours to meet the all family rate as set forth in paragraph (F)(1)(c) of this rule.
(3) The following are the core work activities:
(a) Unsubsidized employment;
(b) Subsidized private sector employment;
(c) Subsidized public sector employment;
(d) Work experience program (WEP);
(e) On-the-job training (OJT);
(f) Job search and job readiness assistance;
(g) Community service;
(h) Vocational educational training; and
(i) Providing child care services to an individual who is participating in a community service program.
(4) The following are the non-core work activities:
(a) Job skills training directly related to employment;
(b) Education directly related to employment, in the case of a recipient who has not received a high school diploma or a certificate of high school equivalency; and
(c) Satisfactory attendance at secondary school or in a course of study leading to a certificate of general equivalence, in the case of a recipient who has not completed secondary school or received such a certificate.
(5) Deeming of hours of participation
(a) A recipient who is married or a head of household and has not attained twenty years of age is deemed to be participating the required number of hours for a month in a fiscal year if the recipient:
(i) Maintains satisfactory attendance at secondary school or the equivalent during the month; or
(ii) Participates in education directly related to employment for an average of at least twenty hours per week during the month.
(b) For a married recipient, such participation counts as the greater of twenty hours or the actual hours of participation.
(c) If both parents in the family are under twenty years old, the federal work requirements specified in paragraph (F)(1)(b) of this rule are met if both meet the conditions of paragraph (F)(5)(a)(i) or (F)(5)(a)(ii) of this rule.
(6) Single custodial parent disregarded
For any fiscal year, a CDJFS may, at its option, not require an individual who is a single custodial parent caring for a child under the age of twelve months to engage in work activities, and may disregard such an individual in determining the participation rates as set forth in paragraph (B) of this rule.
Effective: 10/01/2008
R.C. 119.032 review dates: 12/29/2011
Promulgated Under: 119.03
Statutory Authority: 5107.05, Section 5 of Amended Substitute Senate Bill 238 of the 126th General Assembly
Rule Amplifies: 5107.05
Prior Effective Dates: 10/1/1997 (Emer.), 12/30/1997, 10/1/1999, 1/1/2001, 8/29/2003 (Emer.), 11/1/2003, 10/1/2005, 9/29/2006 (Emer.), 12/29/2006, 7/1/2007
(A) School attendance requirement
Monitoring of a minor child’s school attendance is required in the following situations:
(1) Teens subject to participation in the learning, earning and parenting program (LEAP)as set forth in rule 5101:1-23-50 of the Administrative Code.
(2) Children subject to participation in the learnfare program as set forth in section 5107.28 of the Revised Code.
(3) Children who are employed, to determine if the policy set forth in rule 5101:1-23-20 of the Administrative Code is applicable.
(4) Children approaching their eighteenth birthday to determine if they may remain on the grant until the nineteenth birthday, as set forth in section 5107.02 of the Revised Code.
(B) Children under age eighteen who are not attending school
(1) In accordance with federal temporary assistance for needy families (TANF) policy, the county department of job and family services (CDJFS) shall assess the skills, prior work experience, and employability of each participant of OWF who:
(a) Has not attained eighteen years of age; and
(b) Has not completed high school or obtained a certificate of high school equivalency, and is not attending secondary school.
(2) On the basis of the assessment, the CDJFS may set forth an employment goal for the child, including a plan for moving the individual into unsubsidized employment or the requirement to attend school.
(3) The CDJFS may incorporate the plan into the assistance group’s self-sufficiency contract and require the minor’s parent or specified relative to ensure the child complies with the plan. The child is not required to complete a self-sufficiency contract, unless that child is a minor head of household, as defined in section 5107.02 of the Revised Code.
Effective: 10/01/2005
R.C. 119.032 review dates: 07/13/2005 and 10/01/2010
Promulgated Under: 119.03
Statutory Authority: 5107.05
Rule Amplifies: 5107.02, 5107.05
Prior Effective Dates: 10/01/97 (Emer.), 12/30/97, 01/01/99, 12/1/02
(A) Residence requirement
(1) Residence in the state is a requirement for OWF. Residence is established by a person who is living in Ohio voluntarily with the intention of making his home in Ohio. Residence may also be established by a person who is living in Ohio, is not receiving assistance from another state, and entered Ohio with a job commitment or seeking employment in Ohio, whether or not currently employed. A child is a resident of the state in which the parent, legal guardian, custodian or specified relative caring for the child is a resident.
(2) Absence from the state for more than thirty days constitutes evidence of intent to establish residence elsewhere, unless a written statement has been submitted to indicate intent to return to Ohio. The written statement must be retained in the case record. The county department of job and family services shall consider such written statement as acceptable proof of intent to return to Ohio if the statement includes the reason for the absence and the expected date of return. A statement is not considered acceptable proof of intent to return to Ohio when the applicant/recipient contradicts the statement by giving up Ohio living arrangements, applying for public assistance in another state, or securing long-term housing arrangements in another state.
(3) An individual who resides in a county home, city infirmary, jail, or other public institution is not eligible to participate in OWF. Rule 5101:1-23-10 of the Administrative Code addresses individuals under house arrest.
(4) A child born to an inmate participating in the prison nursery program pursuant to section 5120.65 of the Revised Code meets the OWF residence requirement.
(B) Living arrangement requirement
(1) To be eligible for OWF, a child’s home must be with a parent, specified relative, custodian or legal guardian.
(a) A child born to an inmate participating in the prison nursery program pursuant to section 5120.65 of the Revised Code meets the OWF living arrangement requirement.
(2) For purposes of eligibility for OWF, a parent is an individual who has the legal duty to support the child. A legal parent includes the following individuals as long as their parental rights are not legally terminated:
(a) The biological mother and father of the child.
(b) Any person who is adjudged by a court of competent jurisdiction or a local child support enforcement agency (CSEA) to be the parent of the child and under legal duty to support the child.
(c) An individual who has legally adopted the child. Adoption severs the legal relationship between parent and child, but it does not sever the biological relationship.
(d) An individual who has an acknowledgment of paternity affidavit filed with the division of child support that has become final and enforceable.
(3) Specified relatives are limited to those individuals as set forth in section 5107.02 of the Revised Code.
(4) Legal guardians and custodians are defined in section 5107.02 of the Revised Code.
(5) While another individual or agency may hold legal custody of a child, a parent, specified relative or legal guardian may receive benefits for the minor child(ren) who physically resides with that individual, even if the child(ren) is temporarily absent, as set forth in rule 5101:1-3-04 of the Administrative Code.
(6) Marriage is not an eligibility factor for OWF. In Ohio, a legal marriage may be ceremonial or one which meets the requirements of Chapter 3101. of the Revised Code or which meets the requirements of a valid common-law marriage. Effective October 10, 1991, common-law marriages were prohibited in the state of Ohio.
(7) In accordance with section 5107.24 of the Revised Code, unmarried minor parents, unmarried pregnant minors, or the child of an unmarried minor parent must reside in a place of residence maintained by a parent, legal guardian, custodian or specified relative of the pregnant minor or minor parent as the parent’s, guardian’s, custodian’s or specified relative’s own home to be eligible to participate in OWF. An unmarried pregnant minor, unmarried minor parent, or child of an unmarried minor parent exempt from the requirement to live with a parent, specified relative, custodian or legal guardian, must reside in an adult-supervised living arrangement to be eligible to participate in OWF. The county department of job and family services (CDJFS) shall be responsible for either directly assisting the unmarried minor parent in locating an acceptable adult-supervised living arrangement or entering into an agreement with another agency (e.g., public children services agency (PCSA) to serve as their designee.
Effective: 10/01/2005
R.C. 119.032 review dates: 07/13/2005 and 10/01/2010
Promulgated Under: 119.03
Statutory Authority: 5107.05
Rule Amplifies: 5107.02, 5107.05, 5107.10, 5107.37, 5120.65
Prior Effective Dates: 3/1/67, 8/1/75, 12/28/79, 5/1/82, 6/1/82, 6/1/83, 10/1/83, 8/1/86 (Emer.), 10/3/86, 4/1/90, 4/1/92, 9/1/92, 5/1/95, 10/1/96 (Emer.), 12/15/96, 10/1/97 (Emer.), 12/30/97, 5/1/98, 1/1/99, 10/1/99, 12/1/02, 11/1/03
(A) Temporary absence conditions
A temporarily absent individual is considered to be in the home for purposes of eligibility under OWF. The absence of a member of the assistance group is temporary if all of the following conditions are met:
(1) The location of the absent individual is known;
(2) There is a definite plan for the return of the absent individual to the home;
(3) The absent individual shared the home with the assistance group prior to the onset of the absence. A newborn is considered to be sharing the home with the assistance group at the time of birth.
(B) Good cause for temporary absences after forty-five consecutive days
A minor child or parent/specified relative who, without good cause, has been, or is expected to be, absent from the home for a period of forty-five consecutive days or longer does not meet the temporary absence requirement for OWF. Exceptions to this requirement are limited to the following good cause reasons:
(1) Hospitalization (includes inpatient drug and alcohol treatment);
(2) Detention in a juvenile home until a court commitment;
(3) Attendance at school;
(4) Vacationing;
(5) Trip made in connection with current or prospective employment;
(6) Shared parenting situations;
(7) Service in the military when it is the sole reason for absence;
(8) Removal of a child(ren) by the public children services agency (PCSA) that meets the reunification requirements as set forth in section 5107.10 of the Revised Code. Cash assistance for a child(ren) removed can continue to be provided for up to six payment months after the removal date. In order for this exception to apply, the child(ren) must be in receipt of OWF cash assistance on the date of the removal by the PCSA.
(C) Good cause not met
If good cause, as set forth in paragraphs (B)(1) to (B)(7) of this rule, is not met and the absence lasts or is expected to last longer than forty-five consecutive days, the county department of job and family services (CDJFS) shall remove the absent member from the assistance group. Ineligibility for the absent member would begin on the forty-sixth day from the date that the member left the household.
(D) Failure to report absence
A parent(s) or specified relative of a minor child is ineligible to be included in the assistance group if he fails to notify the CDJFS of the absence of the minor child from the home by the end of the five-day period that begins with the date that it becomes clear to the parent(s) or specified relative that the minor child will be absent for a period to exceed forty-five consecutive days and good cause does not exist. The remaining assistance group members can continue to receive benefits. This regulation is applicable to paragraphs (B)(1) to (B)(7) of this rule.
(E) Period of ineligibility for failure to report absence
The beginning date of ineligibility for the parent(s) or specified relative shall be the same day determined as the beginning day of ineligibility for the absent child. The ineligibility continues until the day that the absence was reported by the parent(s)/specified relative or was discovered by the CDJFS. Eligibility would begin the following day, provided the assistance group was otherwise eligible. The erroneous payment provisions set forth in rule 5101:1-23-70 of the Administrative Code are applicable. This regulation is applicable to paragraphs (B)(1) to (B)(7) of this rule.
Effective: 10/01/2005
R.C. 119.032 review dates: 07/13/2005 and 10/01/2010
Promulgated Under: 119.03
Statutory Authority: 5107.05
Rule Amplifies: 5107.02, 5107.05, 5107.10
Prior Effective Dates: 3/1/67, 5/1/82, 6/1/83, 4/1/92, 5/1/95, 10/1/96 (emer.), 12/15/96, 10/1/97 (emer.), 12/30/97, 10/1/99, 12/1/02
(A) For purposes of eligibility for OWF, a child can only have one home and cannot be considered to be “temporarily absent” from another home (i.e., both of the child’s parents cannot receive benefits concurrently for the same child in the same month.) A dependent child can only be considered to be “sharing a home” with one parent despite a shared parenting/joint custody order permitting the child to reside with each parent for a part of the month. For this reason, the following process set forth in paragraphs (B) to (C) of this rule shall be utilized by the county department of job and family services (CDJFS) in determining eligibility for a dependent child in a shared parenting arrangement.
(B) When only one parent applies for assistance, determine if the child resides with the parent who submits the application for assistance. This issue is resolved at the point of application, if the other parent is not currently receiving benefits for the child, and the other parent is not also concurrently applying for benefits for the child. If there is no application submitted by the other parent, nor is there an existing OWF assistance group containing the other parent and the child, the child shall be considered to be living and sharing a home with the parent who submitted the application for public assistance.
(C) When both parents apply for assistance for the child and both parents claim that the child is living with and sharing a home with them, the CDJFS must first determine whether each applicant is maintaining a home for the child. If both parents are maintaining a home for the child, the CDJFS must first determine if both parents can agree which one of them will withdraw their application since both of them cannot concurrently receive assistance for the same child.
(1) If both parents agree and one of the applications is withdrawn, the CDJFS shall proceed to determine if the other parent is otherwise eligible for OWF.
(2) If the parents cannot agree and neither application is withdrawn, the CDJFS shall review the following list of parental activities and responsibilities. This is not an all-inclusive list; there may be additional criteria that may apply generally or in individual case scenarios.
(a) Is there a court order granting sole custody to one parent, or designating one of the parents’ residences as the child’s home for public assistance purposes?
(b) If the parents reside in different school districts, where does the child attend school? Who selected the school?
(c) Who assists the child with homework or school-related tasks?
(d) Who attends parent/teacher conferences and who works with the school regarding the child’s educational progress?
(e) If the child is enrolled in day care, who makes the day care arrangements?
(f) Who takes the child to and from school and/or day care?
(g) Which parent is listed as the contact for emergencies at the child’s school or day care provider? If both parents are listed, who is the one to be contacted first?
(h) Who arranges and transports the child to medical and dental appointments? Who selects the physician and dentist? Who maintains the child’s medical records?
(i) Who initiates decisions regarding the child’s future?
(j) Who responds to medical or law enforcement emergencies involving the child? If both parents are to be contacted, who is the one to be contacted first?
(k) Who arranges for food, clothing, and other household necessities on an ongoing basis?
(l) Who disciplines the child?
(m) Who plays with the child and arranges for entertainment?
(n) Which parent supervises the child’s daily dressing and personal hygiene tasks? As stated previously, the list of parental activities contained in paragraphs (C)(2)(a) to (C)(2)(n) of this rule is not an all-inclusive list, and various other factors may need to be examined in making this determination. Obviously, there will be situations in which these questions will be answered positively for both parents. However, in reviewing parental activities, one parent is often identified more than the other. The parent most often identified is the parent who is considered to be sharing a home with the child, and the parent with whom the child’s eligibility shall be explored.
(3) In the event that the exploration set forth in paragraph (C) reveals that this parent is not otherwise eligible for assistance, eligibility for the other parent must also be explored if that parent has a pending application.
(D) The CDJFS must document the decision and the basis for the decision in the assistance group record(s), as well as in running record comment in CRIS-E.
Effective: 10/01/2005
R.C. 119.032 review dates: 07/13/2005 and 10/01/2010
Promulgated Under: 119.03
Statutory Authority: 5107.05
Rule Amplifies: 5107.05
Prior Effective Dates: 11/01/95, 10/01/97, 12/1/02
(A) Verification of age, citizenship, and identity must be completed before any individual, adult or child, is eligible to be included in the assistance group.
(B) Evidence of age must be provided to support the given date of birth.
(1) A civil birth record or a church record of birth or baptism established before age five are primary documents used to verify age.
(2) Alternate documents are acceptable and must be used to avoid delaying assistance to an otherwise eligible individual. Examples of alternate documents are school records, insurance policies, draft card, and official hospital records. To qualify as valid documents of age verification, the alternate document must show the applicant’s name and date of birth or age and should be at least one year old (unless it is for a child under age one).
(C) Evidence of identity must be provided to support that the individual is who he claims to be.
(1) Documents used to identify an individual include but are not limited to driver’s license, day care or nursery school records, voter’s registration, insurance policies, military papers, U.S. passport, and vaccination certificates.
(2) The county department of job and family services (CDJFS) must be able to compare the information on the documentation with the information on the application or with the individual to ensure identification.
(3) A birth or baptismal certificate is not evidence of identity. Children under age seven will generally have some type of evidence of identity in addition to a birth certificate. However, if such a child (e.g., a newborn infant) has absolutely no other documentary evidence, the birth certificate alone will be acceptable as long as the eligibility determiner has no reason to doubt that the child actually exists.
(D) Every assistance group member is required to establish U.S. citizenship or legal alien status, and must submit at least one document showing U.S. birthplace or in some way indicating U.S. citizenship. “U.S.-born” refers to an individual born in one of the fifty states, District of Columbia, Puerto Rico, Guam, Northern Mariana Islands, U.S. Virgin Islands, Swain’s Island or American Samoa.
(1) If the applicant is a U.S.-born citizen, a civilian birth, baptismal, or church certificate specifically displaying a U.S. birthplace may be used as verification.
(2) If the applicant is a foreign-born U.S. citizen, a citizen certification, U.S. passport, consular’s certification of birth, or certificate of naturalization may be used as verification.
(3) If the applicant is an alien, his status may be verified by forms issued through the immigration and naturalization service, including the INS I-151, I-155 or I-94.
Effective: 10/01/2005
R.C. 119.032 review dates: 07/13/2005 and 10/01/2010
Promulgated Under: 119.03
Statutory Authority: 5107.05
Rule Amplifies: 5107.05
Prior Effective Dates: 8/1/75, 3/1/76, 12/31/77, 7/18/78, 2/1/79, 4/19/79, 12/28/79, 6/1/82, 6/15/85, 9/1/86 (Emer.), 11/16/86, 10/1/97, 12/1/02
(A) As a condition of eligibility for OWF, each assistance group member shall furnish or apply for a social security number.
(B) The county department of job and family services (CDJFS) is required to refer the individual who does not possess a social security number to the local social security office to apply for a social security number and is prohibited from denying, delaying, or terminating benefits pending the issuance or verification of the social security number if the assistance group has complied with the requirement of furnishing or submitting verification of making an application for a social security number.
(C) Specific penalties apply to assistance groups who do not cooperate with providing or applying for a social security number.
(1) The assistance group member who refuses to furnish a social security number, or to apply for one for himself will be excluded from the payment. The assistance group member may be the payee for those children for whom a social security number has been applied for or furnished.
(2) The assistance group member who supplies his own number or cooperates in applying for one but refuses to furnish or apply for a social security number for his child/children will remain in the assistance group, but the child/children will be removed. In some cases, the only remaining member of the assistance group may be the parent/specified relative. In these cases, assistance shall be denied.
(D) For each assistance group member who physically possesses a social security card, the CDJFS shall retain a copy of the social security card in the assistance group record. If copying the card is an impossibility, the individual must be requested to present the social security card at the next reapplication for copying.
(E) The social security number shall be verified in one of the following ways:
(1) Matching the reported social security number with information supplied by the social security administration (SSA) such as BENDEX or SDX computer tapes or printouts: or
(2) Observing the assistance group member’s social security card or any official document containing the social security number. An “official document” is defined as a W-2 form, a railroad retirement, retirement, survivors, disability, and health insurance (RSDI) or supplemental security income (SSI) award letter, or another document containing the social security number that by law or regulation was required to be verified by the social security administration.
(F) If the assistance group member does not possess a social security card, or any “official document” containing the social security number or if the social security number appears questionable, the CDJFS shall either verify the number by matching it with SSA records or by completing the top portion of the JFS 07355 “Notice of Application for Social Security Number” (rev. 4/2001). The assistance group member shall take the JFS 07355 to the local social security district office. The local social security district office will complete the bottom portion of the JFS 07355 and return the form to the CDJFS by mail.
(G) For the purposes of the beginning date of aid, the social security number eligibility requirement will be considered met the date the social security administration employee certifies that the individual applied for a social security number.
(H) For newborns, if the social security number is applied for no later than the first day of the second month following birth or the mother’s discharge from the hospital, the social security requirement is considered met on the child’s date of birth.
Effective: 10/01/2005
R.C. 119.032 review dates: 07/13/2005 and 10/01/2010
Promulgated Under: 119.03
Statutory Authority: 5107.05
Rule Amplifies: 5107.05
Prior Effective Dates: 3/1/76, 12/31/77, 7/18/78, 2/1/79, 4/19/79, 6/15/85, 9/1/86 (Emer.), 11/16/86, 1/1/87 (Emer.), 3/20/87, 9/1/88 (Emer.), 11/3/88, 7/1/89, 5/1/95, 10/1/97, 7/1/00, 12/1/02
(A) Assignment
In accordance with section 5107.20 of the Revised Code, participation in OWF constitutes an assignment to ODJFS of any rights that members of an assistance group have to support from any other person, not exceeding the total amount of assistance paid to the assistance group which accrue or have accrued as of and including the date that the OWF cash assistance is terminated. This assignment excludes medical support assigned pursuant to section 5101.59 of the Revised Code. The rights to support assigned to ODJFS pursuant to this rule constitutes an obligation to ODJFS for the amount of cash assistance paid to the assistance group. The CSEA is responsible for the collection and distribution of support payments owed to OWF participants whether assigned to ODJFS or unassigned.
(1) The assignment of support rights includes:
(a) The rights to support that the assistance group has in its own behalf. Any spousal support, whether included or not in the child support order, is assigned.
(b) The rights to support that the assistance group has on behalf of any other member of the assistance group applying for or in receipt of OWF. This is the assignment of ongoing monthly child and spousal support.
(2) The assignment gives ODJFS the right to claim any support collected for the assistance group not exceeding the total amount of cash assistance paid to the assistance group. The total amount of cash assistance paid to the assistance group for child support enforcement collection purposes has the same meaning as set forth in paragraph (B) of rule 5101:1-1-01 of the Administrative Code, which is in the form of cash, checks, or warrants immediately redeemable at par to eligible assistance groups under a State plan approved under Title IV-A of the Social Security Act. This includes all forms of cash assistance as defined in rule 5101:1-23-01 of the Administrative Code, including support services paid to families who are unemployed, unless such payments meet the definition of nonrecurrent short-term benefits. As provided in rule 5101:1-23-01 of the Administrative Code, nonrecurrent, short-term benefits and support services provided to employed families are not considered to be cash assistance, and are not subject to reimbursement.
(3) The assignment of support rights is effective the first of the month following the date of approval for OWF cash assistance. The ODJFS shall notify the CSEA when the effective date of the assignment is determined. This notification shall be transmitted to the CSEA within two working days of authorization of OWF cash assistance. The provisions in the following paragraphs (A)(3)(a) to (A)(3)(b) of this rule contain additional information regarding the effective date of the assignment in certain situations.
(a) In the following situations, the assignment is interrupted for a specific month, and child support for that month is treated in accordance with the provisions set forth in rule 5101:1-29-31 of the Administrative Code. However, the interruption in the assignment ends beginning with the first day of the month that cash assistance resumes.
(i) If an assistance group received OWF cash assistance in the form of a warrant, check, voucher, EFT or EBT for a month, but returned either the check, warrant or voucher to the CDJFS uncashed or unused, or returned the amount of the OWF check, warrant, voucher, EFT, or EBT to the CDJFS, the assistance group is not considered to have received cash assistance in accordance with the provisions set forth in rule 5101:1-23-01 of the Administrative Code, and child support for that same month is treated in accordance with the provisions set forth in rule 5101:1-29-31 of the Administrative Code.
(ii) If an assistance group’s OWF cash assistance is reduced to zero dollars to repay an OWF overpayment, the assistance group is not considered to have received cash assistance in accordance with the provisions set forth in rule 5101:1-23-01 of the Administrative Code, and child support for that same month is treated in accordance with the provisions set forth in rule 5101:1-29-31 of the Administrative Code.
(iii) When an erroneous OWF payment occurs because the assistance group was not eligible to receive assistance for a month, and the assistance group repays that erroneous payment in full, the assistance group is not considered to have received cash assistance in the month for which the overpayment occurred as set forth in rule 5101:1-23-01 of the Administrative Code, and child support for that same month is treated in accordance with the provisions set forth in rule 5101:1-29-31 of the Administrative Code.
(b) Upon authorization of the termination of OWF cash assistance, the CSEA is notified of the termination effective date and the need to release current support payments.
(4) When an individual is added to an existing assistance group, the assignment of support rights is effective the first day of the month following the date the CDJFS adds the individual to the assistance group.
(5) Any direct payments received by an assistance group prior to the effective date of the support assignment are budgeted as unearned income in accordance with rule 5101:1-23-20 of the Administrative Code.
(6) Once the assignment of support is effective, any direct payment (including voluntary payments) by the absent parent shall be evaluated in accordance with paragraph (N) of rule 5101:1-23-70 of the Administrative Code in determining if an erroneous payment has occurred, and if so, whether the payment is a IV-A or a IV-D overpayment.
(B) “CDJFS/CSEA interface”
The “CDJFS/CSEA interface” refers to the cross-program relationship between the cash assistance (IV-A) and child support enforcement (IV-D) programs. There are two statewide automated systems involved in the CDJFS/CSEA interface; CRIS-E and SETS.
(1) The CDJFS shall make use of the interview in the application/reapplication process to gain timely, complete, and accurate information concerning absent parent(s) attached to the assistance group. Relevant absent parent information is entered on the appropriate CRIS-E screens.
(2) Once OWF cash assistance benefits are authorized for the assistance group in CRIS-E, a referral to SETS is automatically issued in an overnight batch process. CRIS-E generates one referral for each custodial parent/absent parent/child combination. SETS accepts the absent parent information collected from the absent parent screens on CRIS-E, and the CSEA uses this information to set up and/or update the IV-D case record.
(3) A referral from the CDJFS to the CSEA is not required when the OWF assistance group contains only a pregnant woman with no eligible child.
(4) At the point of authorization for cash assistance, the CDJFS shall send copies of relevant information collected during the application process, such as birth certificates, court orders and paternity acknowledgments to the CSEA.
(5) The CDJFS shall collect all relevant information so that the CSEA will not routinely be required to schedule an interview with the assistance group to establish and develop the IV-D case record.
(6) The CDJFS is responsible for reporting relevant changes to the CSEA, including information concerning new members added to an existing assistance group. Most routine changes are transmitted by CRIS-E to SETS. However, copies of documentation received by the CDJFS that are relevant to the CSEA are to be sent to the CSEA within two working days of receipt by the CDJFS.
(7) The CDJFS shall not delay the disposition of an application because of the assistance group’s failure to provide information needed solely by the CSEA.
(8) If the application is denied and the applicant has requested child support services, the CDJFS must enter a “Y” in the “send referral” field on the AEIAP screen in CRIS-E. This will ensure that CRIS-E automatically sends the referral at the point that the application is denied.
(C) Mandatory cooperation in securing support
(1) In accordance with section 5107.14 of the Revised Code, cooperation with child support is a requirement included in the self-sufficiency contract. All applicant/recipient adults or minor heads of households as defined in section 5107.02 of the Revised Code, who are or will be included in the OWF assistance group, are required to sign and comply with a self-sufficiency contract.
(2) In accordance with section 5107.22 of the Revised Code, unless good cause for failure or refusal exists, the caretaker of a minor child shall cooperate, if the caretaker is a member of the child’s assistance group, in establishing the child’s paternity and establishing, modifying, and enforcing a support order for the child.
(3) In a three-generation assistance group that includes a grandparent, minor parent, and child, there are two caretakers. The caretaker parent who is responsible for the child is the one who is required to cooperate in establishing paternity and securing support.
(a) The grandparent must cooperate for his/her children including the minor parent.
(b) The minor parent must cooperate for his/her children.
(4) When a caretaker signs the JFS 07902 , “Notice to Individuals Applying for or Participating in Ohio Works First (OWF) Regarding Cooperation with the Child Support Enforcement Agency (CSEA)” (rev. 01/2008) indicating that the individual wants to claim good cause for refusal to cooperate in securing support, the CDJFS shall forward the JFS 07092 to the CSEA. In addition, if the request for good cause for refusal to cooperate with child support is documented on the JFS 03803, “Ohio Works First (OWF) & Food Stamps: Domestic Violence Waiver Request and Verification Form” (01/2008), the CDJFS shall also have the individual sign the JFS 07092 form. The CSEA is responsible for determining good cause and cooperation in accordance with rule 5101:12-10-32 of the Administrative Code.
This determination includes waiving the cooperation with child support requirement if the CSEA determines that the individual has been subjected to domestic violence as defined in section 5107.02 of the Revised Code, and requiring cooperation would not be in the best interests of the child or would make it more difficult for the individual or child to escape domestic violence.
(5) The CDJFS shall not deny, delay, or discontinue assistance pending a determination by the CSEA concerning good cause for refusal to cooperate.
(D) Failure to cooperate with CSEA
(1) Adults or minor heads of households who fail to cooperate with the child support requirement in the self-sufficiency contract without good cause as determined by the CSEA, are subject to the imposition of the three-tier sanction in accordance with section 5107.16 of the Revised Code.
(2) Assistance groups that do not contain a member required to sign a self-sufficiency contract because they do not contain an adult or minor head of household, are not subject to the sanction set forth in section 5107.16 of the Revised Code for non-cooperation with the CSEA.
(3) When a request for a state hearing on the issue of cooperation has been made, both the CDJFS and the CSEA must participate in the hearing.
Effective: 01/01/2008
R.C. 119.032 review dates: 10/15/2007 and 01/01/2013
Promulgated Under: 119.03
Statutory Authority: 5107.05
Rule Amplifies: 5107.02, 5107.05, 5107.14, 5107.16, 5107.20, 5107.22, 5107.71, 5107.711, 5107.712, 5107.713, 5107.714, 5107.715, 5107.716, 5107.717
Prior Effective Dates: 11/1/76, 5/14/77, 12/31/77, 10/26/78, 5/1/79, 9/21/79, 5/1/82, 10/9/83, 3/1/84 (temp.), 6/1/84, 4/1/86, 4/1/89, 7/1/89 (emer.), 9/23/89, 4/1/90, 9/1/92, 5/1/93, 10/1/96 (emer.), 12/15/96, 5/1/97, 12/30/97, 7/1/98, 10/01/99, 10/01/04
(A) Conflict with the Revised Code
(1) Section (5) of Amended Substitute Senate Bill 238 of the 126th General Assembly (09/06) sets forth the following provision: Not later than September 30, 2006, the director of job and family services shall adopt rules as necessary for the state to comply with 42 U.S.C. 607(i)(2) (08/96). If necessary to bring the state into compliance with 42 U.S.C. 607(i)(2) (08/96), the rules may deviate from Chapter 5107. of the Revised Code. Rules adopted under this section that govern financial and other administrative requirements applicable to the department of job and family services shall be adopted in accordance with section 111.15 of the Revised Code as if they were internal management rules. All other rules adopted under this section shall be adopted in accordance with Chapter 119. of the Revised Code.
(2) The county department of job and family services (CDJFS) shall administer the work activity programs in accordance with the requirements contained in this rule and not in accordance with sections 5107.01, 5107.14 and 5107.16 of the Revised Code.
(3) All applicable requirements contained in the Revised Code sections referenced in paragraph (A)(2) of this rule have been incorporated in this rule.
(B) What is the self sufficiency contract?
(1) The self sufficiency contract sets forth the rights and responsibilities of work eligible individuals and members of the assistance group as applicants and participants of OWF, designed to assist the assistance group in achieving self sufficiency and personal responsibility.
(2) The contract includes work activity assignments and child support requirements including cooperation in the establishment of a minor child’s paternity and the establishment, modification and enforcement of a support order for the minor child in accordance with section 5107.22 of the Revised Code.
(3) The CDJFS shall provide without charge a copy of the contract to each work eligible individual or assistance group member who signs a contract.
(C) What shall be included in the self sufficiency contract?
(1) Each self sufficiency contract shall include, based on appraisals and assessments conducted pursuant to rule 5101:1-3-12 of the Administrative Code, the following:
(a) The assistance group’s plan to achieve the goal of self sufficiency and personal responsibility through unsubsidized employment within the time limit for participating in OWF established by section 5107.18 of the Revised Code.
(b) For each work eligible individual, work activities and alternative activities assigned pursuant to rule 5101:1-3-12 of the Administrative Code.
(c) The responsibility of a caretaker member of the assistance group to cooperate in establishing a minor child’s paternity and establishing, modifying and enforcing a support order for the child in accordance with section 5107.22 of the Revised Code.
(d) Other responsibilities that members of the assistance group must satisfy to participate in OWF and the consequences for failure or refusal to satisfy the responsibilities.
(e) An agreement that the assistance group will comply with conditions of participating in OWF in accordance with division 5101:1 of the Administrative Code, Chapter 5107. of the Revised Code and sections 5101.58, 5101.59 and 5101.83 of the Revised Code.
(f) Assistance and services the CDJFS will provide to the assistance group and work eligible individuals.
(g) Assistance and services the child support enforcement agency and public children services agency (PCSA) will provide to the assistance group pursuant to a plan of cooperation entered into under section 307.983 of the Revised Code.
(h) Other provisions designed to assist the assistance group in achieving self sufficiency and personal responsibility.
(i) Procedures for assessing whether responsibilities are being satisfied and whether the contract should be amended.
(j) Procedures for amending the contract.
(k) The good cause reasons for missing hours of participation or appointments as defined in paragraph (E) of this rule.
(2) No self sufficiency contract shall include the learning, earning and parenting program (LEAP) requirements.
(3) The CDJFS may use the JFS 03801 “Ohio Works First Self Sufficiency Contract” (rev. 10/2008) or develop its own self sufficiency contract and plan provided all of the elements identified in paragraph (B) of this rule are included.
(D) Who shall sign the self sufficiency contract?
(1) Each work eligible individual, minor head of household and adult member of the assistance group, not later than thirty days after applying for or undergoing a redetermination of eligibility for OWF, enters into a written self sufficiency contract with the CDJFS.
(2) A minor head of household who participates in LEAP pursuant to rule 5101:1-23-50 of the Administrative Code is required to complete a self sufficiency contract but is not subject to the work participation requirements unless the minor head of household fails to attend an assessment, fails to enroll in school or withdraws from school.
(E) What are the consequences if a self sufficiency contract is not signed or a provision of the contract is not met?
(1) Adults or minor heads of household who fail or refuse to sign the self sufficiency contract shall have OWF benefits denied or terminated.
(2) If a work eligible individual or member of an assistance group fails or refuses, without good cause, to comply in full with a provision of a self sufficiency contract the CDJFS shall sanction the work eligible individual and the assistance group pursuant to rule 5101:1-3-15 of the Administrative Code.
(F) What is good cause?
(1) For each failure, refusal or absence, the CDJFS shall determine if good cause exists.
(2) Good cause is limited to the following:
(a) Illness of the work eligible individual or of another family member, if care by the work eligible individual was necessary;
(b) For either the work eligible individual or a family member, an appointment necessary for medical, dental, or vision care;
(c) An appointment for a work eligible individual for a job interview including any subsequent interviews and/or testing requirements;
(d) Court ordered appearances;
(e) Appointment with another social service agency or program;
(f) Death in the family, with the length of absence to be determined by the CDJFS;
(g) A school, place of work or worksite is closed for the day;
(h) Lack of child care;
(i) A failure of the CDJFS to provide supportive services;
(j) A failure of the CDJFS to provide the individual with all information necessary about the assignment;
(k) Circumstances involving domestic violence which make it difficult for the individual to comply in full with a provision of the self sufficiency contract, in accordance with rule 5101:1-3-20 of the Administrative Code; or
(l) Other circumstances determined on a case by case basis by the CDJFS that are considered a fair or reasonable justification for the work eligible individual’s failure or refusal to comply in full with a provision of the self sufficiency contract.
(3) A waiver of work participation or child support cooperation is not required in order to be approved for good cause as a result of circumstances involving domestic violence as set forth in paragraph (E)(2)(k) of this rule. However, a waiver should be explored when an individual alleges an inability to cooperate with a provision of the self sufficiency contract as a result of domestic violence.
(4) Verification of good cause may be requested of the work eligible individual. The CDJFS shall apply a reasonableness standard when requesting verification for both the situations for which verification has been requested and for the time frame to provide the verification to the CDJFS.
Replaces: 5101:1-3-12
Effective: 10/01/2008
R.C. 119.032 review dates: 10/01/2013
Promulgated Under: 119.03
Statutory Authority: 5107.05, 5107.14, 5107.16
Rule Amplifies: 5107.05
Prior Effective Dates: 3/1/1983, 6/7/1984 (Emer.), 9/1/1984, 8/1/1985, 3/1/1987, 12/1/1987 (Emer.), 2/15/1988, 1/1/1989, 6/30/1989 (Emer.), 9/23/1989, 4/2/1990, 4/1/1991, 7/1/1991, 5/1/1992, 9/1/1993, 12/1/1995 (Emer.), 2/19/1996, 7/1/1996 (Emer.), 10/1/1997, 12/20/1997, 10/1/1999, 1/1/2001, 10/1/2004, 7/1/2005, 9/29/2006 (Emer.), 12/29/2006, 7/1/2007, 10/1/2007 (Emer.), 12/29/2007
(A) Conflict with the Revised Code
(1) Section (5) of Amended Substitute Senate Bill 238 of the 126th General Assembly (09/06) sets forth the following provision: Not later than September 30, 2006, the director of job and family services shall adopt rules as necessary for the state to comply with 42 U.S.C. 607(i)(2) (08/96). If necessary to bring the state into compliance with 42 U.S.C. 607(i)(2) (08/96), the rules may deviate from Chapter 5107. of the Revised Code. Rules adopted under this section that govern financial and other administrative requirements applicable to the department of job and family services and county departments of job and family services shall be adopted in accordance with section 111.15 of the Revised Code as if they were internal management rules. All other rules adopted under this section shall be adopted in accordance with Chapter 119. of the Revised Code.
(2) The county department of job and family services (CDJFS) shall administer the work activity programs in accordance with the requirements contained in this rule and not in accordance with sections 5107.01, 5107.14, 5107.16, 5107.36, 5107.40, 5107.41, 5107.42, 5107.43, 5107.60, 5107.62, 5107.64, 5107.65, 5107.67 and 5107.68 of the Revised Code.
(3) All applicable requirements contained in the Revised Code sections referenced in paragraph (A)(2) of this rule have been incorporated in this rule.
(B) Work eligible individual
(1) A work eligible individual means an adult or minor head of household receiving OWF or a non-recipient parent living with a child who is in receipt of OWF unless the parent is:
(a) A minor parent who is not the head of household;
(b) A non-citizen who is not eligible to receive OWF due to his or her immigration status;
(c) A recipient of supplemental security income (SSI) benefits;
(d) A recipient of social security disability insurance (SSDI) benefits; or
(e) A parent providing care for a disabled family member, if the following criteria are met:
(i) The disabled family member must be living in that home; and
(ii) There is medical documentation to support the need for the parent to remain in the home to care for the disabled family member.
(2) Disability shall be deemed to exist when there is a physical or mental illness or impairment. The disability shall be supported by competent medical documentation and must be of such a debilitating nature as to reduce substantially or eliminate the individual’s ability to work. The disability must be expected to last for a period of at least thirty days.
(C) Appraisals and assessments
(1) As soon as possible after an assistance group submits an application to participate in OWF, the CDJFS that receives the application shall schedule and conduct an appraisal of each work eligible individual and each member of the assistance group who is an adult or minor head of household as defined in paragraph (B) of this rule. A minor head of household who is subject to the learning, earning and parenting (LEAP) program shall be assessed pursuant to rule 5101:1-23-50 of the Administrative Code.
(2) The appraisal may include an evaluation of the employment, educational, physiological, and psychological abilities or liabilities, or both, of the work eligible individual, adult or minor head of household.
(3) Each appraisal shall include screening for domestic violence, as set forth in rule 5101:1-3-20 of the Administrative Code.
(4) At the appraisal, the CDJFS shall develop with the adult, minor head of household and work eligible individual a plan for the assistance group to achieve the goal of self sufficiency and personal responsibility through unsubsidized employment within the time limit for participating in OWF established by section 5107.18 of the Revised Code.
(5) The plan set forth in paragraph (C)(4) of this rule developed for work eligible individuals shall include assignments to one or more work activities or alternative activities. The CDJFS shall include the plan in the self sufficiency contract as set forth in rule 5101:1-3-11 of the Administrative Code.
(6) The CDJFS shall conduct more appraisals at times that the CDJFS determines.
(7) If the adult, minor head of household or work eligible individual claims to have a medically determinable physiological or psychological impairment, illness, or disability, the CDJFS may require that the adult, minor head of household or work eligible individual undergo an independent medical or psychological examination at a time and place reasonably convenient to the work eligible individual.
(8) A CDJFS, at times it determines, may conduct assessments of work eligible individuals and assistance groups participating in OWF to determine whether any work eligible individual or members of the assistance group are in need of other assistance or services provided by the CDJFS or other private or government entities. Assessments may include the following:
(a) Whether any member of the assistance group or work eligible individual has a substance abuse problem;
(b) Whether there are any other circumstances that may limit an assistance group member’s or work eligible individual’s employability.
(9) At the first assessment conducted by the CDJFS, it shall inquire as to whether any member of an assistance group or work eligible individual is the victim of domestic violence, including child abuse. The CDJFS shall provide this information to the Ohio department of job and family services (ODJFS) who will maintain the information for statistical analysis purposes.
(10) The CDJFS may refer an assistance group member or work eligible individual to a private or government entity that provides assistance or services the CDJFS determines the member or work eligible individual needs. The entity may be a public children services agency (PCSA), chapter of alcoholics anonymous, narcotics anonymous, or cocaine anonymous, or any other entity the CDJFS considers appropriate.
(D) Hours of participation for a work eligible individual
(1) All work eligible individuals shall be assigned to one or more work activities or alternative activities, except as provided in paragraphs (D)(4) and (D)(5) of this rule.
(2) After a work eligible individual is assigned to a work activity or alternative activity a CDJFS shall place the work eligible individual in the assigned activity as soon as the activity becomes available.
(3) A work eligible individual placed in one or more work activities shall participate in the activities at least the following number of hours as determined by the CDJFS:
(a) In an assistance group that includes only one work eligible individual, at least an average weekly amount of thirty hours.
(b) In an assistance group that includes two work eligible individuals and receiving no federally funded child care, at least an average total weekly amount of thirty-five hours for the two work eligible individuals.
(c) In an assistance group that includes two work eligible individuals and is receiving federally funded child care, at least an average total weekly amount of fifty-five hours for the two work eligible individuals.
(d) In an assistance group that includes two work eligible individuals where one parent is disabled at least an average total weekly amount of thirty hours.
(e) In an assistance group that includes a work eligible individual who is the only parent or specified relative in need in the family of a child under six years of age, at least an average weekly amount of twenty hours.
(f) In an assistance group that includes a minor child under twelve months of age and a single custodial parent a CDJFS may exempt the work eligible individual for no more than twelve months. The CDJFS may assign the exempt work eligible individual to one or more alternative activities for a number of hours a week the CDJFS determines.
(g) A recipient who is married or a head of household and has not attained twenty years of age is deemed to be engaged in work for a month in a fiscal year if the recipient:
(i) Maintains satisfactory attendance at secondary school or the equivalent during the month; or
(ii) Participates in education directly related to employment for an average of at least twenty hours per week during the month.
(4) There are circumstances under which the CDJFS may reduce a work eligible individual’s hours of participation in a work activity as defined in paragraph (F) of rule 5101:1-3-01 of the Administrative Code to less than the weekly hours otherwise required. The CDJFS shall document the reason for not assigning the participant to all or some of the required hours. The appraisal or assessment shall be used to determine if it is appropriate to assign a reduced number of hours.
(5) One work eligible parent may complete all required work activity hours for a two-parent assistance group.
(6) Alternative activities
(a) If a CDJFS determines that a work eligible individual has a temporary or permanent barrier to participation in a work activity, it may assign a work eligible individual to one or more alternative activities pursuant to rule 5101:1-3-12.12 of the Administrative Code.
(b) There are no minimum number of hours required for assignment in alternative activities.
(c) There are no limitations as to the number of work eligible individuals who may be assigned to alternative activities.
(7) A CDJFS may reassign a work eligible individual when the CDJFS determines reassignment will aid the assistance group in achieving self sufficiency and personal responsibility and shall make reassignments when circumstances requiring reassignment occur, including when a temporary barrier to participating in a work activity is eliminated.
(8) Job search and job readiness activities, as defined in rule 5101:1-3-12.5 of the Administrative Code, are the only activities to which an applicant of OWF can be assigned.
(9) Participation in a work activity may be waived due to domestic violence, as set forth in rule 5101:1-3-20 of the Administrative Code.
(E) Holidays
(1) Holidays are limited to the ten federal holidays as established by the United States government in 5 U.S.C. 6103(a) (01/05).
(a) New Years day, January first;
(b) Birthday of Martin Luther King Jr., the third Monday in January;
(c) Washington’s birthday, the third Monday in February;
(d) Memorial day, the last Monday in May;
(e) Independence day, July fourth;
(f) Labor day, the first Monday in September;
(g) Columbus day, the second Monday in October;
(h) Veteran’s day, November eleventh;
(i) Thanksgiving day, the fourth Thursday in November;
(j) Christmas day, December twenty-fifth.
(2) In order to count a holiday as actual hours of participation, the individual must have been scheduled to participate on that day but for the holiday.
(F) Good cause
(1) Missed hours of participation in a month may be made up by a work eligible individual within the same month at the discretion of the CDJFS. Any missed hours of participation that are not made up by an individual may be considered good cause if they meet one of the good cause reasons set forth in rule 5101:1-3-11 of the Administrative Code.
(2) For each failure, refusal or absence, the CDJFS shall determine if good cause exists.
(3) Verification of good cause may be requested of the work eligible individual. The CDJFS shall apply a reasonableness standard when requesting verification for both the situation for which verification has been requested and for the time frame to provide the verification to the CDJFS.
(4) In determining if good cause for nonparticipation with a work requirement exists, the CDJFS shall determine that child care is a necessary support service when a single custodial parent caring for a minor child under age six proves a demonstrated inability, as determined by the CDJFS, to obtain child care for one or more of the following reasons:
(a) Unavailability of appropriate child care within a reasonable distance from the parent’s home or work site;
(b) Unavailability or unsuitability of informal child care by a relative or under other arrangements;
(c) Unavailability of appropriate and affordable formal child care arrangements.
(5) To determine if a single custodial parent meets a provision in paragraph (F)(4) of this rule, the following definitions shall be applied:
(a) “Appropriate child care” means the availability of a licensed or certified child care provider.
(b) “Reasonable distance” is defined by each individual CDJFS and is based on availability of transportation.
(c) “Unsuitability of informal child care” is a decision made by the CDJFS, and is based on information it receives from the PCSA that the PCSA determines is relevant to share with the CDJFS in order to protect children pursuant to rule 5101:2-34-38 of the Administrative Code. Rule 5101:2-34-38 of the Administrative Code sets forth the policy regarding the sharing of information between the PCSA and the CDJFS related to child abuse and neglect.
(d) “Affordable child care arrangements” means that all OWF participants are guaranteed eligibility for child care subsidy with copayments based on family size and income.
(6) The CDJFS shall inform single custodial parents caring for a child under age six years of age of the following requirements, and may include this information on the participant’s self sufficiency contract.
(a) The provisions in paragraph (F)(4) of this rule;
(b) The exception to imposing a three-tier sanction if the single custodial parent demonstrates an inability to obtain needed child care;
(c) The CDJFS procedures for determining a single custodial parent’s inability to obtain needed child care;
(d) The fact that the exception to participation in work activities does not extend the OWF time limits; and
(e) The right to a state hearing.
Documentation to confirm that parents have been informed of this provision shall be contained in the case file.
(7) If the CDJFS determines that the provisions of paragraph (F)(4) of this rule do not apply, the CDJFS shall apply the sanction policy pursuant to rule 5101:1-3-15 of the Administrative Code unless the assistance group has other good cause for noncompliance.
(8) Any missed hours of participation for which good cause cannot be established are subject to the three tier sanction provisions as set forth in rule 5101:1-3-15 of the Administrative Code.
(G) Supervision
(1) Participation in unpaid activities must be supervised no less frequently than once each day in which the individual is scheduled to participate.
(2) Daily supervision means that a responsible party has daily responsibility for oversight of the individual’s participation, not necessarily daily, in-person contact with the participant.
(3) Work eligible individuals must be supervised by one of the following:
(a) The employer;
(b) The work supervisor; or
(c) Other responsible third party.
(H) Verification of hours of participation in unpaid activities
(1) All actual hours of participation must be verified on a monthly basis.
(2) Verification is considered to be met when the CDJFS has received confirmation of the actual hours of participation.
(3) All assigned hours of participation must be accounted for by the CDJFS.
(4) Verified hours of participation must be entered into the client registry information system-enhanced (CRIS-E) in a timely manner.
(5) Acceptable types of verification for hours participated include but are not limited to the following:
(a) The CRIS-E generated schedule;
(b) JFS 06910 “Record of Attendance Report” (rev. 09/06);
(c) JFS 06909 “Record of School Attendance Report” (rev. 09/06);
(d) Data exchange report;
(e) Documented phone contact with work site;
(f) Other CDJFS acceptable methods so long as the elements listed are included:
(i) The participant’s name;
(ii) An accounting of all assigned hours of participation at that participation site;
(iii) The name and location of the participation site;
(iv) The name of the participant’s work site supervisor; and
(v) The name and phone number of the person verifying the hours.
(I) Verification of hours of participation in paid activities
(1) A CDJFS shall verify the participation hours for unsubsidized employment, subsidized employment program (SEP) and on-the-job training (OJT) at least every six months.
(2) The hours verified during the application and reapplication process as set forth in rules 5101:1-2-01 and 5101:1-2-10 of the Administrative Code shall be used as a six month projection of hours of participation.
(3) The CDJFS shall determine monthly work participation hours by multiplying the average weekly number of hours by 4.3.
(J) Fair Labor Standards Act (05/00) (FLSA)
(1) Work eligible individuals assigned to the work experience program (WEP) and community service activities are subject to FLSA requirements contained in 29 U.S.C. 201 (05/00).
(2) “To employ” is defined for purposes of complying with FLSA as “to suffer or permit to work.”
(3) WEP and community service activities should be examined by the CDJFS to determine whether each assigned activity is subject to FLSA.
(4) The maximum monthly hours of participation allowable under FLSA are determined as follows:
(a) The OWF grant (before recoupment) and food stamp allotment (before recoupment) are added together;
(b) Child support collections received in the month and retained to reimburse the state or federal government for the current month’s OWF payment are subtracted from the total in paragraph (J)(4)(a) of this rule.
(c) The net amount in paragraph (J)(4)(b) of this rule is divided by the higher of the state or federal minimum wage to determine the maximum allowable hours of monthly participation in WEP or community service.
(5) If the child support received is fluctuating or not representative of the current child support payments, the CDJFS shall convert the child support payments to a monthly average using the process defined in paragraph (F)(3)(c)(i) of rule 5101:1-23-20 of the Administrative Code. The CDJFS shall use child support payments collected and retained in the immediately preceding three month period to determine an average amount to be used in the calculation of maximum monthly hours of participation allowable under FLSA.
(6) Any work allowance amount is excluded from the calculation of monthly FLSA hours of participation.
(7) If a work assignment is subject to the requirements of the FLSA and the allowable assignment for hours of participation falls below the core hour requirement as set forth in paragraph (F)(1) of rule 5101:1-3-01 of the Administrative Code one of the following must occur, except as provided in paragraph (D)(4) of this rule:
(a) The work eligible individual can make up the remainder of the core hours in a core activity not subject to FLSA; or
(b) The CDJFS can deem the remainder of the core hours to have been met.
(8) If core hours are deemed for a work eligible individual, as allowed in paragraph (J)(7)(b) of this rule, any remaining hours pursuant to paragraph (F)(1) of rule 5101:1-3-01 of the Administrative Code can only be completed in a non-core activity.
(K) Other requirements
(1) No work eligible individual shall be assigned to a work activity or alternative activity when the employer removes or discharges a person, for the purpose of substituting the individual in the person’s place in any of the following circumstances:
(a) The person is already employed as a regular full-time or part-time employee of the employer;
(b) The person has been employed full time or part time as a work eligible individual in a work activity or alternative activity;
(c) The person is or has been involved in a dispute between a labor organization and the employer; or
(d) The person is on layoff from the same or any substantially equivalent job.
(2) No employer shall hire an OWF recipient or work eligible individual part-time to circumvent hiring a full-time employee.
(3) The CDJFS shall establish and maintain a grievance procedure for resolving complaints by individuals or their representatives that the assignment of a work eligible individual violates the provisions set forth in paragraph (K)(1) of this rule.
(4) Except for a work eligible individual who is assigned to subsidized employment as set forth in rule 5101:1-3-12.2 of the Administrative Code or unsubsidized employment as set forth in rule 5101:1-3-12.1 of the Administrative Code, credit for work performed by a work eligible individual in a work activity or alternative activity does not constitute remuneration for the purpose of Chapter 124., 144., or 145. of the Revised Code and services performed by the work eligible individual do not constitute employment for the purposes of Chapter 4141. of the Revised Code.
(5) The CDJFS shall implement and enforce the requirements of this rule. State and local agencies shall cooperate with the CDJFS to the maximum extent possible in the implementation of these sections.
(6) In employing persons to administer and supervise work activities and alternative activities, a CDJFS shall give first consideration to applicants for OWF and work eligible individuals provided such applicants and work eligible individuals qualify for the administrative and supervisory positions to be filled. An applicant or work eligible individual shall be eligible for first consideration only within the county in which the applicant applies for OWF or a work eligible individual participates in OWF.
(7) To the maximum extent practicable, necessary support services provided under section 5107.66 of the Revised Code shall be performed by work eligible individuals first placed in a work activity or alternative activity.
Replaces: 5101:1-3-12
Effective: 10/01/2008
R.C. 119.032 review dates: 10/01/2013
Promulgated Under: 119.03
Statutory Authority: 5107.05, 5107.16
Rule Amplifies: 5107.05
Prior Effective Dates: 3/1/1983, 6/7/1984 (Emer.), 9/1/1984, 8/1/1985, 3/1/1987, 12/1/1987 (Emer.), 2/15/1988, 1/1/1989, 6/30/1989 (Emer.), 9/23/1989, 4/2/1990, 4/1/1991, 7/1/1991, 5/1/1992, 9/1/1993, 12/1/1995 (Emer.), 2/19/1996, 7/1/1996 (Emer.), 10/1/1997, 12/20/1997, 10/1/1999, 1/1/2001, 10/1/2004, 7/1/2005, 9/29/2006 (Emer.), 12/29/2006, 7/1/2007, 10/1/2007 (Emer.), 12/29/2007
(A) Conflict with Revised Code
(1) Section (5) of Amended Substitute Senate Bill 238 of the 126th General Assembly (09/06) sets forth the following provision: Not later than September 30, 2006, the director of job and family services shall adopt rules as necessary for the state to comply with 42 U.S.C. 607(i)(2) (08/96). If necessary to bring the state into compliance with 42 U.S.C. 607(i)(2) (08/96), the rules may deviate from Chapter 5107. of the Revised Code. Rules adopted under this section that govern financial and other administrative requirements applicable to the department of job and family services and county departments of job and family services shall be adopted in accordance with section 111.15 of the Revised Code as if they were internal management rules. All other rules adopted under this section shall be adopted in accordance with Chapter 119. of the Revised Code.
(2) The county department of job and family services (CDJFS) shall administer the work activity programs in accordance with the requirements contained in this rule and not in accordance with sections 5107.40 and 5107.60 of the Revised Code.
(3) All applicable requirements contained in the Revised Code sections referenced in paragraph (A)(2) of this rule have been incorporated in this rule.
(B) Definition and requirements
(1) Unsubsidized employment means full or part time employment in the private or public sector that is not subsidized by temporary assistance for needy families (TANF) or any other public program.
(2) If an employer received a direct subsidy for hiring a recipient from TANF or other public funds, that recipient is considered to be in a subsidized public or private sector employment, not unsubsidized employment.
(3) Recipients whose employers claim a tax credit for hiring economically disadvantaged workers are considered to be participating in unsubsidized employment.
(4) Self employment will count as unsubsidized employment.
(5) For work participation purposes, the hours of self employment are determined by dividing the individual’s self employment income (gross receipts less business expenses) by the federal minimum wage.
(6) Hours of employment resulting from in-kind or barter income, defined as an exchange of property or services, are considered to be participation in unsubsidized employment.
Effective: 10/01/2008
R.C. 119.032 review dates: 12/29/2011
Promulgated Under: 119.03
Statutory Authority: 5107.05, Section 5 of Amended Substitute Senate Bill 238 of the 126th General Assembly
Rule Amplifies: 5107.05
Prior Effective Dates: 9/26/2006 (Emer.), 12/29/2006, 7/1/2007
(A) Conflict with Revised Code
(1) Section (5) of the Amended Substitute Senate Bill 238 of the 126th General Assembly (09/06) sets forth the following provision: Not later than September 30, 2006, the director of job and family services shall adopt rules as necessary for the state to comply with 45 U.S.C, 607(i)(2) (08/96). If necessary to bring the state into compliance with 42 U.S.C. 607(i)(2) (08/96), the rules may deviate from Chapter 5107. of the Revised Code. Rules adopted under this section that govern financial and other administrative requirements applicable to the department of job and family services and county departments of job and family services shall be adopted in accordance with section 111.15 of the Revised Code as if they were internal management rules. All other rules adopted under this section shall be adopted in accordance with Chapter 119. of the Revised Code.
(2) The county department of job and family services (CDJFS) shall administer the work activity programs in accordance with the requirements contained in this rule and not in accordance with sections 5107.40 and 5107.52 of the Revised Code.
(3) All applicable requirements contained in the Revised Code sections referenced in paragraph (A)(2) of this rule have been incorporated in this rule.
(B) Definitions and requirements
(1) Subsidized private and or public sector employment (SEP) means that employment for which the employer receives a subsidy from temporary assistance for needy families (TANF) or other public funds to offset some or all of the wages and costs of employing an individual. Work study which involves paid employment provided by an educational institution meets the definition of subsidized employment if the individual’s earnings are subsidized by the educational institution.
(2) Hours of participation in supportive services such as substance abuse treatment, mental health treatment or rehabilitation activities or various other barrier removal or educational activities may count if the individual is paid for these hours as part of SEP.
(3) An employer can receive up to twelve monthly subsidy payments per individual placed with that employer. Longer durations may be appropriate for supported employment with individuals with disabilities as long as they are justified by an individualized needs assessment. The CDJFS shall determine when the subsidy will begin and when the subsidy shall end in accordance with the SEP contract.
(4) A SEP program shall include the expectation of continuing employment with the participating employer after the subsidy expires or a placement component that leads to employment with another employer after the subsidy expires. The expectation of employment may be contingent upon the participant’s successful completion of any probationary or training period specified in the contract and abiding by the employer’s rules and regulations.
(5) Models of subsidized employment include but are not limited to:
(a) The use of a third party who acts as the employer of record for a trial period, such as a temporary staffing agency. The organization receives a fee from the CDJFS or other public agency to cover the participant’s salary and supportive services; or
(b) The use of supported work for individuals with disabilities, as defined under the Rehabilitation Act of 1973, 29 U.S.C. 705(35). Supported work for individuals with disabilities means work in an integrated setting (i.e. where people with and without disabilities work in the same place) for a wage consistent with those paid to non-disabled workers with similar job functions.
(c) The use of transitional jobs for hard-to-employ OWF participants. Transitional jobs provide time-limited, paid work experience combined with a comprehensive set of services in order to help participants overcome barriers to employment and build work related skills.
Effective: 10/01/2008
R.C. 119.032 review dates: 07/01/2012
Promulgated Under: 119.03
Statutory Authority: 5107.05, Section 5 of Amended Substitute Senate Bill 238 of the 126th General Assembly
Rule Amplifies: 5107.05
Prior Effective Dates: 9/29/2006 (Emer.), 12/29/2006, 7/1/2007
(A) Conflict with Revised Code
(1) Section (5) of Amended Substitute Senate Bill 238 of the 126th General Assembly (09/06) sets forth the following provision: Not later than September 30, 2006, the director of job and family services shall adopt rules as necessary for the state to comply with 42 U.S.C. 607(i)(2) (08/96). If necessary to bring the state into compliance with 42 U.S.C. 607(i)(2) (08/96), the rules may deviate from Chapter 5107. of the Revised Code. Rules adopted under this section that govern financial and other administrative requirements applicable to the department of job and family services and county departments of job and family services shall be adopted in accordance with section 111.15 of the Revised Code as if they were internal management rules. All other rules adopted under this section shall be adopted in accordance with Chapter 119. of the Revised Code.
(2) The county department of job and family services (CDJFS) shall administer the work activity programs in accordance with the requirements contained in this rule and not in accordance with sections 5107.40, 5107.54, 5107.541 and 5107.61 of the Revised Code.
(3) All applicable requirements contained in the Revised Code sections referenced in paragraph (A)(2) of this rule have been incorporated in this rule.
(B) Definition and requirements
(1) Work experience means a work activity, performed in return for welfare, that provides an individual with an opportunity to acquire the general skills, knowledge and work habits necessary to obtain employment.
(2) Work experience includes work associated with the refurbishing of publicly assisted housing and service as an Ohio works first (OWF) ombudsperson pursuant to section 329.07 of the Revised Code.
(3) The following activities do not meet the definition of WEP:
(a) Job search and job readiness activities;
(b) Vocational education;
(c) Caring for a disabled family member;
(d) Attending medical appointments.
(C) Fair Labor Standards Act (05/00) (FLSA)
Hours assigned to the work experience program are subject to the FLSA requirements pursuant to paragraph (J) of rule 5101:1-3-12 of the Administrative Code.
(D) Work eligible individuals assigned to work experience are not employees of the Ohio department of job and family services (ODJFS) or a CDJFS. The operation of a work experience program does not constitute the operation of an employment agency by ODJFS.
(E) Each CDJFS shall make a list of work experience sites available to the public.
(F) Unless a CDJFS pays the premiums for an entity, a private or government entity with which a work eligible individual is placed for work experience activities shall pay premiums to the bureau of workers’ compensation on account of the work eligible individual.
(G) School volunteer or classroom aide
(1) Assignments pursuant to this paragraph must meet the definition of work experience pursuant to paragraph (B) of this rule.
(2) A CDJFS may contract with the chief administrator of a nonpublic school or with any school district board of education that has adopted a resolution under section 3319.089 of the Revised Code to provide for a work-eligible individual who has a minor child enrolled in the nonpublic school or a public school in the district to be assigned under the work experience program to volunteer or work for compensation at the school in which the child is enrolled.
(3) Unless it is not possible or practical, a contract shall provide for a participant to volunteer or work at the school as a classroom aide. If that is impossible or impractical, the contract may provide for the participant to volunteer to work in another position at the school.
(4) A contract may provide for the nonpublic school or board of education to receive funding to pay for coordinating, training, and supervising participants volunteering or working in schools.
(5) Notwithstanding section 3319.088 of the Revised Code, a participant volunteering or working as a classroom aide under this section is not required to obtain an educational aide permit or paraprofessional license. The participant shall not be considered an employee of a political subdivision for purposes of Chapter 2744. of the Revised Code and is not entitled to any immunity or defense available under that chapter, the common law of this state, or section 9.86 of the Revised Code.
Effective: 10/01/2008
R.C. 119.032 review dates: 12/29/2011
Promulgated Under: 119.03
Statutory Authority: 5107.05, Section 5 of Amended Substitute Senate Bill 238 of the 126th General Assembly
Rule Amplifies: 5107.05
Prior Effective Dates: 9/29/2006 (Emer.), 12/29/2006
(A) Conflict with Revised Code
(1) Section (5) of Amended Substitute Senate Bill 238 of the 126th General Assembly (09/06) sets forth the following provision: Not later than September 30, 2006, the director of job and family services shall adopt rules as necessary for the state to comply with 42 U.S.C. 607(i)(2) (08/96). If necessary to bring the state into compliance with 42 U.S.C. 607(i)(2) (08/96), the rules may deviate from Chapter 5107. of the Revised Code. Rules adopted under this section that govern financial and other administrative requirements applicable to the department of job and family services and county departments of job and family services shall be adopted in accordance with section 111.15 of the Revised Code as if they were internal management rules. All other rules adopted under this section shall be adopted in accordance with Chapter 119. of the Revised Code.
(2) The county department of job and family services (CDJFS) shall administer the work activity programs in accordance with the requirements contained in this rule and not in accordance with sections 5107.40 and 5107.60 of the Revised Code.
(3) All applicable requirements contained in the Revised Code sections referenced in paragraph (A)(2) of this rule have been incorporated in this rule.
(B) Definition
(1) OJT means training in the public or private sector that is given to a paid employee while he or she is engaged in productive work and that provides the knowledge and skills essential to the full and adequate performance on the job.
(2) Paid internships may be considered OJT.
(3) Situations in which someone is engaged in subsidized employment and training may also fall within the definition of OJT.
Effective: 10/01/2008
R.C. 119.032 review dates: 12/29/2011
Promulgated Under: 119.03
Statutory Authority: 5107.05, Section 5 of Amended Substitute Senate Bill 238 of the 126th General Assembly
Rule Amplifies: 5107.05
Prior Effective Dates: 9/29/2006 (Emer.), 12/29/2006, 7/1/2007
(A) Conflict with Revised Code
(1) Section (5) of Amended Substitute Senate Bill 238 of the 126th General Assembly (09/06) sets forth the following provision: Not later than September 30, 2006, the director of job and family services shall adopt rules as necessary for the state to comply with 42 U.S.C. 607(i)(2) (08/96). If necessary to bring the state into compliance with 42 U.S.C. 607(i)(2) (08/96), the rules may deviate from Chapter 5107. of the Revised Code. Rules adopted under this section that govern financial and other administrative requirements applicable to the department of job and family services and county departments of job and family services shall be adopted in accordance with section 111.15 of the Revised Code as if they were internal management rules. All other rules adopted under this section shall be adopted in accordance with Chapter 119. of the Revised Code.
(2) The county department of job and family services (CDJFS) shall administer the work activity programs in accordance with the requirements contained in this rule and not in accordance with sections 5107.40 and 5107.50 of the Revised Code.
(3) All applicable requirements contained in the Revised Code sections referenced in paragraph (A)(2) of this rule have been incorporated in this rule.
(B) Definition and requirements
(1) Job search and job readiness assistance means the act of seeking or obtaining employment, preparation to seek or obtain employment, including life skills training, and substance abuse treatment, mental health treatment, or rehabilitation activities. Treatment or therapy must be determined to be necessary and documented by a qualified medical, substance abuse, or mental health professional.
(2) A CDJFS may assign a work eligible individual applying for Ohio works first (OWF) to the job search and job readiness assistance program before the applicant’s eligibility for OWF is determined. A participant may be assigned for either the total or partial required hours of participation.
(3) Travel time to and from work sites does not count toward the participation requirements. However, the time an individual spends in job search and job readiness assistance traveling between multiple interviews may be counted in the hours of participation.
(4) The following activities do not meet the definition of job search and job readiness assistance:
(a) Child’s dental checkups, immunizations, and school attendance;
(b) Parenting skills training;
(c) Participating in head start;
(d) Personal care;
(e) Activities that promote a healthier lifestyle, such as smoking cessation.
(5) A CDJFS may utilize the services of private and governmental entities under contract with the CDJFS in operating the program.
(C) Limitations
(1) An individual’s participation in job search and job readiness assistance counts for a maximum of six weeks in the preceding twelve months.
(2) For the six week limitation on participation, a week is defined as:
(a) Twenty hours for a work eligible individual who is a single custodial parent with a child under six years of age; or
(b) Thirty hours for all other work eligible individuals.
(3) Six weeks of job search and job readiness assistance equals:
(a) One hundred twenty hours for each work eligible individual described in paragraph (C)(2)(a) of this rule in a twelve-month period; and
(b) One hundred eighty hours for each work eligible individual described in paragraph (C)(2)(b) of this rule in a twelve-month period.
(4) No more than four weeks of the six weeks may be consecutive.
(5) For purposes of the four consecutive week period, the following provisions are applicable:
(a) A week means seven consecutive days;
(b) Any hours of participation in job search and job readiness assistance activities in the seven consecutive day period shall count as an entire week.
(6) Once an individual has four consecutive weeks of participation, that individual’s participation in job search and job readiness assistance may not count for one week (i.e., seven consecutive days).
Replaces: 5101:1-3-12.5
Effective: 10/01/2008
R.C. 119.032 review dates: 10/01/2013
Promulgated Under: 119.03
Statutory Authority: 5107.05, Section 5 of Amended Substitute Senate Bill 238 of the 126th General Assembly
Rule Amplifies: 5107.05
Prior Effective Dates: 9/29/2006 (Emer.), 12/29/2006, 7/1/2007
(A) Conflict with Revised Code
(1) Section (5) of Amended Substitute Senate Bill 238 of the 126th General Assembly (09/06) sets forth the following provision: Not later than September 30, 2006, the director of job and family services shall adopt rules as necessary for the state to comply with 42 U.S.C. 607(i)(2) (08/96). If necessary to bring the state into compliance with 42 U.S.C. 607(i)(2) (08/96), the rules may deviate from Chapter 5107. of the Revised Code. Rules adopted under this section that govern financial and other administrative requirements applicable to the department of job and family services and county departments of job and family services shall be adopted in accordance with section 111.15 of the Revised Code as if they were internal management rules. All other rules adopted under this section shall be adopted in accordance with Chapter 119. of the Revised Code.
(2) The county department of job and family services (CDJFS) shall administer the work activity programs in accordance with the requirements contained in this rule and not in accordance with sections 5107.40, 5107.541 and 5107.60 of the Revised Code.
(3) All applicable requirements contained in the Revised Code sections referenced in paragraph (A)(2) of this rule have been incorporated in this rule.
(B) Definition
(1) Community service means structured programs and embedded activities in which Ohio works first (OWF) work eligible individuals perform work for the direct benefits of the community under the auspices of public or nonprofit organizations, and are also designed to improve the employability of individuals not otherwise able to obtain unsubsidized full-time employment.
(2) Community service programs must be limited to projects that serve a useful community purpose in fields such as health, social service, environmental protection, education, urban or rural development, welfare, recreation, public facilities, public safety, and child care.
(3) The following activities do not meet the definition of community service:
(a) Substance abuse treatment programs;
(b) Mental health and family violence counseling;
(c) Life skills classes;
(d) Parenting classes;
(e) Job readiness instruction; and
(f) Caring for a disabled household member.
(4) A CDJFS shall take into account, to the extent possible, the prior training, experience and skills of a recipient in making appropriate community service assignments.
(C) Fair Labor Standards Act (05/00) (FLSA)
Hours assigned to community service must be in compliance with the FLSA requirements set forth in paragraph (J) of rule 5101:1-3-12 of the Administrative Code.
(D) School volunteer or classroom aide
(1) Assignments pursuant to this paragraph must meet the definition of community service pursuant to paragraph (B) of this rule.
(2) A CDJFS may contract with the chief administrator of a nonpublic school or with any school district board of education that has adopted a resolution under section 3319.089 of the Revised Code to provide for a work-eligible individual who has a minor child enrolled in the nonpublic school or a public school in the district to be assigned under the community service program to volunteer or work for compensation at the school in which the child is enrolled.
(3) Unless it is not possible or practical, a contract shall provide for a participant to volunteer or work at the school as a classroom aide. If that is impossible or impractical, the contract may provide for the participant to volunteer to work in another position at the school.
(4) A contract may provide for the nonpublic school or board of education to receive funding to pay for coordinating, training, and supervising participants volunteering or working in schools.
(5) Notwithstanding section 3319.088 of the Revised Code, a participant volunteering or working as a classroom aide under this section is not required to obtain an educational aide permit or paraprofessional license. The participant shall not be considered an employee of a political subdivision for purposes of Chapter 2744. of the Revised Code and is not entitled to any immunity or defense available under that chapter, the common law of this state, or section 9.86 of the Revised Code.
Effective: 10/01/2008
R.C. 119.032 review dates: 12/29/2011
Promulgated Under: 119.03
Statutory Authority: 5107.05, Section 5 of Amended Substitute Senate Bill 238 of the 126th General Assembly
Rule Amplifies: 5107.05
Prior Effective Dates: 9/29/2006 (Emer.), 12/29/2006
(A) Conflict with Revised Code
(1) Section (5) of Amended Substitute Senate Bill 238 of the 126th General Assembly (09/06) sets forth the following provision: Not later than September 30, 2006, the director of job and family services shall adopt rules as necessary for the state to comply with 42 U.S.C. 607(i)(2) (08/96). If necessary to bring the state into compliance with 42 U.S.C. 607(i)(2) (08/96), the rules may deviate from Chapter 5107. of the Revised Code. Rules adopted under this section that govern financial and other administrative requirements applicable to the department of job and family services and county departments of job and family services shall be adopted in accordance with section 111.15 of the Revised Code as if they were internal management rules. All other rules adopted under this section shall be adopted in accordance with Chapter 119. of the Revised Code.
(2) The county department of job and family services (CDJFS) shall administer the work activity programs in accordance with the requirements contained in this rule and not in accordance with sections 5107.01, 5107.40, 5107.43, 5107.58 and 5107.60 of the Revised Code.
(3) All applicable requirements contained in the Revised Code sections referenced in paragraph (A)(2) of this rule have been incorporated in this rule.
(B) Definition and requirements
(1) Vocational educational training means organized education programs that are directly related to the preparation of individuals for employment in current or emerging occupations requiring training.
(2) Vocational educational training must be provided by education and training organizations. Acceptable types of vocational educational training include, but are not limited to the following:
(a) Baccalaureate or advanced degrees;
(b) Associate degree;
(c) Instructional certificate program;
(d) Industrial skills certificate;
(e) Non-credit coursework;
(f) Basic skills education and English as a second language (ESL) courses if they are a necessary and regular part of the vocational educational training.
(3) Hours of participation are actual hours spent in the classroom not semester or quarter credit hours.
(4) The CDJFS may count supervised homework time and up to one hour of unsupervised time for each hour of class time. Total homework time counted for participation cannot exceed the hours required or advised by a particular education institution. The CDJFS must document the homework expectations of the educational program in order to count homework time.
(C) Limitations
(1) For each work eligible applicant or participant, no more than twelve months lifetime of vocational educational training will count toward the federal participation rate.
(2) Not more than thirty percent of the number of individuals assigned to vocational educational training in all families and in two-parent families respectively, shall count toward the monthly work participation rate under rule 5101:1-3-01 of the Administrative Code.
(D) Tuition
(1) The participant shall make reasonable efforts, as determined by the CDJFS, to obtain a loan, scholarship, grant or other assistance to pay for the tuition, including a federal Pell grant under 20 U.S.C.1070a (10/98), an Ohio instruction grant under section 3333.12 of the Revised Code, and an Ohio college opportunity grant under section 3333.122 of the Revised Code.
(2) If the participant has made reasonable efforts but is unable to obtain sufficient assistance to pay the tuition the program may pay the tuition. The CDJFS may enter into a loan agreement with the participant to pay the tuition. The total period for which tuition is paid and loans made shall not exceed two years.
(3) If the participant volunteers to participate in the vocational education program for more hours each week than the hours assigned, the program may pay or the CDJFS may loan the cost of the tuition for the assigned number of hours.
(4) A CDJFS that provides loans under paragraph (D) of this rule shall establish procedures governing loan application for and the approval and administration of loans granted pursuant to this paragraph.
Effective: 10/01/2008
R.C. 119.032 review dates: 12/29/2011
Promulgated Under: 119.03
Statutory Authority: 5107.05, Section 5 of Amended Substitute Senate Bill 238 of the 126th General Assembly
Rule Amplifies: 5107.05
Prior Effective Dates: 9/29/2006 (Emer.), 12/29/2006, 7/1/2007
(A) Conflict with Revised Code
(1) Section (5) of Amended Substitute Senate Bill 238 of the 126th General Assembly (09/06) sets forth the following provision: Not later than September 30, 2006, the director of job and family services shall adopt rules as necessary for the state to comply with 42 U.S.C. 607(i)(2) (08/96). If necessary to bring the state into compliance with 42 U.S.C. 607(i)(2) (08/96), the rules may deviate from Chapter 5107. of the Revised Code. Rules adopted under this section that govern financial and other administrative requirements applicable to the department of job and family services and county departments of job and family services shall be adopted in accordance with section 111.15 of the Revised Code as if they were internal management rules. All other rules adopted under this section shall be adopted in accordance with Chapter 119. of the Revised Code.
(2) The county department of job and family services (CDJFS) shall administer the work activity programs in accordance with the requirements contained in this rule and not in accordance with sections 5107.40 and 5107.60 of the Revised Code.
(3) All applicable requirements contained in the Revised Code sections referenced in paragraph (A)(2) of this rule have been incorporated in this rule.
(B) Definition and requirements
(1) Providing child care services to an individual who is participating in a community service program is defined as providing child care to enable another Ohio works first (OWF) recipient to participate in a community service program as set forth in rule 5101:1-3-12.6 of the Administrative Code.
(2) This activity must be a structured program designed to improve the employability of work eligible individuals who participate in this activity.
(3) Providing child care to enable OWF recipients to participate in other work activities does not meet this definition.
(4) In a two-parent family, one parent cannot count as participating by providing child care for his or her own children while the other parent participates in a community service activity.
Effective: 10/01/2008
R.C. 119.032 review dates: 12/29/2011
Promulgated Under: 119.03
Statutory Authority: 5107.05, Section 5 of Amended Substitute Senate Bill 238 of the 126th General Assembly
Rule Amplifies: 5107.05
Prior Effective Dates: 9/29/2006 (Emer.), 12/29/2006, 7/1/2007
(A) Conflict with Revised Code
(1) Section (5) of Amended Substitute Senate Bill 238 of the 126th General Assembly (09/06) sets forth the following provision: Not later than September 30, 2006, the director of job and family services shall adopt rules as necessary for the state to comply with 42 U.S.C. 607(i)(2) (08/96). If necessary to bring the state into compliance with 42 U.S.C. 607(i)(2) (08/96), the rules may deviate from Chapter 5107. of the Revised Code. Rules adopted under this section that govern financial and other administrative requirements applicable to the department of job and family services and county departments of job and family services shall be adopted in accordance with section 111.15 of the Revised Code as if they were internal management rules. All other rules adopted under this section shall be adopted in accordance with Chapter 119. of the Revised Code.
(2) The county department of job and family services (CDJFS) shall administer the work activity programs in accordance with the requirements contained in this rule and not in accordance with sections 5107.40 and 5107.60 of the Revised Code.
(3) All applicable requirements contained in the Revised Code sections referenced in paragraph (A)(2) of this rule have been incorporated in this rule.
(B) Definition and requirements
(1) Job skills training directly related to employment means training and or education for job skills required by an employer to provide an individual with the ability to obtain employment or to advance or adapt to the changing demands of the workplace.
(2) Job skills training includes, but is not limited to the following:
(a) Customized training to meet the needs of a specific employer. Customized training can include literacy instruction or language instruction when such instruction is explicitly focused on skills needed for employment or combined in a unified whole with job skills training;
(b) General training that prepares an individual for employment; and
(c) Unpaid internships if directly related to employment.
(3) Post-secondary education leading to a baccalaureate or advanced degree may fall within the definition as long as it is directly related to a specific job or occupation. Participants can be assigned to this activity after the twelve months of vocational educational training has been used.
(4) The following activities do not meet the definition of job skills training directly related to employment:
(a) Substance abuse counseling and treatment;
(b) Mental health services; and
(c) Other rehabilitative activities.
Effective: 10/01/2008
R.C. 119.032 review dates: 12/29/2011
Promulgated Under: 119.03
Statutory Authority: 5107.05, Section 5 of Amended Substitute Senate Bill 238 of the 126th General Assembly
Rule Amplifies: 5107.05
Prior Effective Dates: 9/29/2006 (Emer.), 12/29/2006, 7/1/2007
(A) Conflict with Revised Code
(1) Section (5) of Amended Substitute Senate Bill 238 of the 126th General Assembly (09/06) sets forth the following provision: Not later than September 30, 2006, the director of job and family services shall adopt rules as necessary for the state to comply with 42 U.S.C. 607(i)(2) (08/96). If necessary to bring the state into compliance with 42 U.S.C. 607(i)(2) (08/96), the rules may deviate from Chapter 5107. of the Revised Code. Rules adopted under this section that govern financial and other administrative requirements applicable to the department of job and family services and county departments of job and family services shall be adopted in accordance with section 111.15 of the Revised Code as if they were internal management rules. All other rules adopted under this section shall be adopted in accordance with Chapter 119. of the Revised Code.
(2) The county department of job and family services (CDJFS) shall administer the work activity programs in accordance with the requirements contained in this rule and not in accordance with sections 5107.40 and 5107.60 of the Revised Code.
(3) All applicable requirements contained in the Revised Code sections referenced in paragraph (A)(2) of this rule have been incorporated in this rule.
(B) Definition and requirements
(1) Education directly related to employment in the case of a recipient who has not received a high school diploma or a certificate of high school equivalency is defined as education related to a specific occupation, job or job offer.
(2) When required as a prerequisite for employment by employers or occupation this activity may include, but is not limited, to the following:
(a) Courses designed to provide the knowledge and skills for specific occupations or work settings;
(b) Adult basic education;
(c) English as a second language;
(d) Education leading to a high school equivalency diploma (HSED).
(3) HSED means a diploma attesting to the achievement of the equivalent of a high school education as measured by scores on a test of general educational development (GED) as published by the “American Council on Education”. HSED includes a certificate of high school equivalence. This program formerly issued the general equivalency diploma or GED.
(4) The CDJFS may determine on a case-by-case basis whether an immigrant or refugee who holds a high school diploma from another country, but not from an American high school or its equivalent, can qualify to participate in this activity. The determination will be based upon the appraisal or assessment, documenting the fact that verification is either unattainable or the overseas diploma is not comparable to an American diploma or HSED.
(5) The CDJFS may count supervised homework time and up to one hour of unsupervised homework time for each hour of class time. Total homework time counted for participation cannot exceed the hours required or advised by a particular educational institution. The CDJFS must document the homework expectations of the educational program in order to count homework time.
Effective: 10/01/2008
R.C. 119.032 review dates: 12/29/2011
Promulgated Under: 119.03
Statutory Authority: 5107.05, Section 5 of Amended Substitute Senate Bill 238 of the 126th General Assembly
Rule Amplifies: 5107.05
Prior Effective Dates: 9/29/2006 (Emer.), 12/29/2006
(A) Conflict with Revised Code
(1) Section (5) of Amended Substitute Senate Bill 238 of the 126th General Assembly (09/06) sets forth the following provision: Not later than September 30, 2006, the director of job and family services shall adopt rules as necessary for the state to comply with 42 U.S.C. 607(i)(2) (08/96). If necessary to bring the state into compliance with 42 U.S.C. 607(i)(2) (08/96), the rules may deviate from Chapter 5107. of the Revised Code. Rules adopted under this section that govern financial and other administrative requirements applicable to the department of job and family services and county departments of job and family services shall be adopted in accordance with section 111.15 of the Revised Code as if they were internal management rules. All other rules adopted under this section shall be adopted in accordance with Chapter 119. of the Revised Code.
(2) The county department of job and family services (CDJFS) shall administer the work activity programs in accordance with the requirements contained in this rule and not in accordance with sections 5107.40 and 5107.60 of the Revised Code.
(3) All applicable requirements contained in the Revised Code sections referenced in paragraph (A)(2) of this rule have been incorporated in this rule.
(B) Definition and requirements
(1) This work activity is defined as regular attendance, in accordance with the requirements of the secondary school or course of study at a secondary school, or in a course of study leading to a certificate of general equivalence, in the case of a work eligible individual who has not completed secondary school or received such a certificate. This includes hours of attendance in the following activities as long as they are an integral part of attaining a high school equivalence diploma (HSED):
(a) English as a second language (ESL);
(b) Career training;
(c) Alternative schooling;
(d) Tutoring;
(e) Drop out prevention;
(f) Teen pregnancy or parenting programs.
(2) This activity may not include other related education activities, such as adult basic education or language instruction unless it is linked to attending a secondary school or leading to a HSED.
(3) HSED means a diploma attesting to the achievement of the equivalent of a high school education as measured by scores on a test of general educational development (GED) as published by the “American Council on Education”. HSED includes a certificate of high school equivalence. “High school equivalence diploma” includes a certificate of high school equivalence issued prior to January 1, 1994, attesting to the achievement of the equivalent of a high school education as measured by scores obtained on tests of general educational development. This program formerly issued the general equivalency diploma or GED.
(4) The CDJFS may count supervised homework time and up to one hour of unsupervised homework time for each hour of class time. Total homework time counted for participation cannot exceed the hours required or advised by a particular educational institution. The CDJFS must document the homework expectations of the educational program in order to count homework time.
Effective: 10/01/2008
R.C. 119.032 review dates: 12/29/2011
Promulgated Under: 119.03
Statutory Authority: 5107.05, Section 5 of Amended Substitute Senate Bill 238 of the 126th General Assembly
Rule Amplifies: 5107.05
Prior Effective Dates: 9/29/2006 (Emer.), 12/29/2006, 7/1/2007
(A) Conflict with Revised Code
(1) Section (5) of Amended Substitute Senate Bill 238 of the 126th General Assembly (09/06) sets forth the following provision: Not later than September 30, 2006, the director of job and family services shall adopt rules as necessary for the state to comply with 42 U.S.C. 607(i)(2) (08/96). If necessary to bring the state into compliance with 42 U.S.C. 607(i)(2) (08/96), the rules may deviate from Chapter 5107. of the Revised Code. Rules adopted under this section that govern financial and other administrative requirements applicable to the department of job and family services and county departments of job and family services shall be adopted in accordance with section 111.15 of the Revised Code as if they were internal management rules. All other rules adopted under this section shall be adopted in accordance with Chapter 119. of the Revised Code.
(2) The county department of job and family services (CDJFS) shall administer the work activity programs in accordance with the requirements contained in this rule and not in accordance with sections 5107.40, 5107.42, 5107.43 and 5107.64 of the Revised Code.
(3) All applicable requirements contained in the Revised Code sections referenced in paragraph (A)(2) of this rule have been incorporated in this rule.
(B) Definitions and requirements
(1) The CDJFS shall establish and administer alternative activities for work eligible individuals participating in Ohio works first (OWF). In establishing alternative activities, the CDJFS is not limited by the restrictions Title IV-A imposes on activities.
(2) Alternative activities are activities designed to promote self sufficiency and personal responsibility and are intended to address temporary and permanent barriers to participating in work activities.
(3) Hours of participation that individuals complete in alternative activities do not count toward the federal work participation rate.
(4) The following are examples of alternative activities that a CDJFS may establish:
(a) Parenting classes and life-skills training;
(b) Participation in an alcohol or drug addiction program certified by the department of alcohol and drug addiction services under section 3793.06 of the Revised Code;
(c) In the case of a homeless assistance group, finding a home;
(d) In the case of a work eligible individual who has been the victim of domestic violence, residing in a domestic violence shelter, receiving counseling or treatment related to the domestic violence, or participating in criminal justice activities against the domestic violence offender;
(e) An education program under which a participant who does not speak English attends English as a second language course.
(5) There are no minimum number of hours required for assignment in alternative activities.
(6) There are no limitations as to the number of work eligible individuals who may be assigned to alternative activities.
Effective: 10/01/2008
R.C. 119.032 review dates: 12/29/2011
Promulgated Under: 119.03
Statutory Authority: 5107.05, Section 5 of Amended Substitute Senate Bill 238 of the 126th General Assembly
Rule Amplifies: 5107.05
Prior Effective Dates: 9/29/2006 (Emer.), 12/29/2006
(A) Conflict with Revised Code
(1) Section (5) of Amended Substitute Senate Bill 238 of the 126th General Assembly (09/06) sets forth the following provision: Not later than September 30, 2006, the director of job and family services shall adopt rules as necessary for the state to comply with 42 U.S.C. 607(i)(2) (08/96). If necessary to bring the state into compliance with 42 U.S.C. 607(i)(2) (08/96), the rules may deviate from Chapter 5107. of the Revised Code. Rules adopted under this section that govern financial and other administrative requirements applicable to the department of job and family services and county departments of job and family services shall be adopted in accordance with section 111.15 of the Revised Code as if they were internal management rules. All other rules adopted under this section shall be adopted in accordance with Chapter 119. of the Revised Code.
(2) The county department of job and family services (CDJFS) shall administer the work activity programs in accordance with the requirements contained in this rule and not in accordance with sections 5107.14, 5107.16, 5107.41 and 5107.70 of the Revised Code.
(3) All applicable requirements contained in the Revised Code sections referenced in paragraph (A)(2) of this rule have been incorporated in this rule.
(B) Penalties
Certain situations are not subject to the three tier sanction policy set forth in rule 5101:1-3-15 of the Administrative Code but continue to be subject to existing statutory and administrative rule penalties even if the requirement is included as part of the assistance group’s self sufficiency contract. The following list of penalties is not all inclusive.
(1) The following penalties result in the denial or termination of OWF:
(a) Failure or refusal to sign the self sufficiency contract by a work eligible individual as set forth in rule 5101:1-3-11 of the Administrative Code.
(b) Failure without good cause to attend an appraisal or assessment interview, or complete an appraisal or assessment, by a work eligible individual required to do so in accordance with paragraph (C) of rule 5101:1-3-12 of the Administrative Code.
(c) Failure or refusal to cooperate in the application and reapplication process (including failure to appear for scheduled appointments) and provide required verifications necessary to determine eligibility as set forth in rules 5101:1-2-01 and 5101:1-2-10 of the Administrative Code.
(d) Failure or refusal to accept unconditionally available income as set forth in rule 5101:1-23-20 of the Administrative Code.
The individual who is under penalty remains a work eligible individual as defined in paragraph (B) of rule 5101:1-3-12 of the Administrative Code.
(2) The following penalties result in a reduction of the OWF grant and/or the removal of an individual:
(a) Failure to cooperate in the enumeration process as set forth in rule 5101:1-3-09 of the Administrative Code results in the removal of the individual(s) for whom enumeration verification has not been provided for the OWF benefits.
(b) A teen parent who is not exempt from learning, earning and parenting (LEAP) participation as provided in rule 5101:1-23-50 of the Administrative Code, and who meets the following conditions is not eligible to participate in OWF:
(i) The teen is under the age of eighteen;
(ii) The teen has a child and his or her child is at least twelve weeks of age;
(iii) The teen has not successfully completed high school or its equivalent; and
(iv) The teen is not attending school, or an alternate education or training program defined by the county department of job and family services (CDJFS).
(c) A LEAP attendance failure as set forth in section 5107.30 of the Revised Code and rule 5101:1-23-50 of the Administrative Code results in a reduction of the OWF grant.
(d) A learnfare failure as set forth in section 5107.28 of the Revised Code results in a reduction of the OWF grant.
(e) An individual who is a fugitive felon as defined in section 5101.20 of the Revised Code is not eligible to be included in the OWF grant.
(f) An individual who is violating a condition of probation, a community control sanction, parole, or a post-release control sanction imposed under federal or state law is not eligible to be included in the OWF grant.
(3) The following time-limited penalties result in the denial or termination of OWF:
(a) Termination of employment without just cause as set forth in section 5107.26 of the Revised Code results in the imposition of a six month period of ineligibility for OWF.
For OWF participants, the six month period begins the month after the month in which employment is terminated. For transitional medicaid or transitional child care participants, the six month period begins the month in which the employment is terminated. This penalty only applies to transitional medicaid or transitional child care assistance groups that were in receipt of OWF cash assistance on the day prior to the day that the assistance group began receiving the transitional medicaid or transitional child care benefits. There is no penalty if the individual who terminated employment without just cause is not an OWF, transitional medicaid or transitional child care participant.
(b) Receipt of fraudulent assistance as set forth in section 5101.83 of the Revised Code and rule 5101:1-23-75 of the Administrative Code results in ineligibility for the assistance group until the fraudulent assistance is repaid.
(c) Refusal to cooperate with a quality assessment (QA) review results in termination of OWF for the assistance group. “Refusal to cooperate with a quality assessment review” means that the assistance group is able to cooperate but refused to take the actions that it can take to assist in verifying the assistance group’s eligibility. The OWF assistance group is ineligible for OWF for a period of three calendar months or until the assistance group cooperates with the QA review, whichever is earlier.
When the QA reviewer determines that the QA review cannot be completed because the OWF assistance group member responsible for cooperating with the QA review refuses to cooperate as defined in this paragraph, the QA reviewer will notify the CDJFS in writing of the individual’s refusal to cooperate. In accordance with the provisions set forth in rule 5101:6-2-04 of the Administrative Code, the CDJFS must send prior notice of adverse action to the assistance group prior to imposing the penalty. OWF assistance must be terminated as of the next recurring month following the expiration of the adverse action period, unless a hearing is timely requested pursuant to the provisions set forth in division 5101:6 of the Administrative Code.
(4) The following penalty is time-limited and results in the reduction of OWF and the removal of the individual:
Fraudulent misrepresentation of residence resulting in a federal or state court conviction results in a ten year period of ineligibility for OWF for the individual convicted.
(a) The individual must have been convicted in federal or state court of having made a fraudulent statement or misrepresentation with respect to the place of residence in order to receive assistance simultaneously from two or more states.
(b) The ten year period begins on the date the individual is convicted in federal or state court provided that the conviction date is on or after August 22, 1996.
(c) The provision shall not apply with respect to a conviction of an individual for any month beginning after the president of the United States grants a pardon with respect to the conduct which was the subject of the conviction.
(C) Assistance group movement in penalty situations
(1) The following provisions apply to the penalties listed in paragraph (B)(3) of this rule:
(a) An individual who causes the penalty carries the penalty into another assistance group which becomes ineligible due to the penalty until the period of ineligibility ends. The remaining members of the new assistance group are not affected by that penalty, unless they were members of the original assistance group at the time of the penalty. The individual who is under penalty remains a work eligible individual as defined in paragraph (B) of rule 5101:1-3-12 of the Administrative Code.
(b) A minor child who ceases to reside with the penalized assistance group is eligible for OWF provided all eligibility requirements are met.
(c) The period of ineligibility shall be served by all remaining assistance group members in situations where the individual who caused the period of ineligibility leaves the household. This provision is not applicable to the penalty set forth in paragraph (B)(3)(c) of this rule.
(d) Individuals in a two parent assistance group who separate carry the penalty with them into the next assistance group.
(e) All individuals in the OWF assistance group or those individuals who would have been required to be included in the OWF assistance group in accordance with rule 5101:1-23-10 of the Administrative Code at the time of the failure are not eligible to receive OWF until the penalty has been served.
(f) Individuals who enter the home after the date of ineligibility are not eligible to receive OWF regardless of whether they would otherwise meet the eligibility requirements.
Effective: 10/01/2008
R.C. 119.032 review dates: 12/29/2011
Promulgated Under: 119.03
Statutory Authority: 5107.05, Section 5 of Amended Substitute Senate Bill 238 of the 126th General Assembly
Rule Amplifies: 5107.05
Prior Effective Dates: 10/1/1997 (Emer.), 12/30/1997, 7/1/1998, 1/1/1999, 10/1/1999, 7/1/2000, 10/1/2000, 8/29/2003 (Emer.), 3/1/2005, 9/29/2006 (Emer.), 12/29/2006
(A) Conflict with the Revised Code
(1) Section (5) of Amended Substitute Senate Bill 238 of the 126th General Assembly (09/06) sets forth the following provision: Not later than September 30, 2006, the director of job and family services shall adopt rules as necessary for the state to comply with 42 U.S.C. 607(i)(2) (08/96). If necessary to bring the state into compliance with 42 U.S.C. 607(i)(2) (08/96), the rules may deviate from Chapter 5107. of the Revised Code. Rules adopted under this section that govern financial and other administrative requirements applicable to the department of job and family services and county departments of job and family services shall be adopted in accordance with section 111.15 of the Revised Code as if they were internal management rules. All other rules adopted under this section shall be adopted in accordance with Chapter 119. of the Revised Code.
(2) The county department of job and family services (CDJFS) shall administer the work activity programs in accordance with the requirements contained in this rule and not in accordance with sections 5107.14, 5107.16, 5107.161, 5107.162 and 5107.17 of the Revised Code.
(3) All applicable requirements contained in the Revised Code sections referenced in paragraph (A)(2) of this rule have been incorporated in this rule.
(B) Three-tier sanctions
If a member of an assistance group fails or refuses, without good cause, to comply in full with a provision of a self-sufficiency contract as set forth in rule 5101:1-3-11 of the Administrative Code, a CDJFS shall sanction the assistance group as follows:
(1) For a first failure or refusal, the CDJFS shall deny or terminate the assistance group’s eligibility to participate in OWF for one payment month;
(2) For a second failure or refusal, the CDJFS shall deny or terminate the assistance group’s eligibility to participate in OWF for three payment months;
(3) For a third or subsequent failure or refusal, the CDJFS shall deny or terminate the assistance group’s eligibility to participate in OWF for six payment months.
(4) For purposes of this rule, the term “assistance group” includes the non-recipient work eligible individual as set forth in paragraph (B)(1) of rule 5101:1-3-12 of the Administrative Code.
(5) For purposes of this rule a payment month means a calendar month.
(6) Subsequent failures to comply with a provision in the self sufficiency contract that occur up until the imposition of the sanction are considered the same occurrence.
(7) For applicant assistance groups who fail or refuse, without good cause, to comply in full with a provision of the self sufficiency contract, the sanction period begins with the date of application.
(8) Sanctions shall not be held in abeyance. For assistance groups whose OWF benefits are terminated for another reason, the sanction period begins with the month after OWF is terminated for the assistance group, subject to the prior notice of adverse action requirements as set forth in rule 5101:6-2-04 of the Administrative Code.
(9) The sanction period begins with the next recurring month following the expiration of the adverse action period unless a hearing is requested pursuant to the provisions of division 5101:6 of the Administrative Code.
(10) An adult eligible for medicaid as set forth in section 5111.01 of the Revised Code who is sanctioned pursuant to paragraph (B)(3) of this rule for a failure or refusal, without good cause, to comply in full with a provision of a self sufficiency contract related to work activities loses eligibility for medicaid as set forth in rule 5101:1-40-07 of the Administrative Code unless the adult is otherwise eligible for medicaid pursuant to another division of section 5111.01 of the Revised Code.
(11) An assistance group that would be participating in OWF if not for a sanction shall continue to be eligible for all of the following:
(a) Publicly funded child care in accordance with division (A)(3) of section 5104.30 of the Revised Code;
(b) Support services in accordance with section 5107.66 of the Revised Code;
(c) To the extent permitted by the Fair Labor Standards Act of 1938, 52 Stat. 1060, 29 U.S.C.A. 201 (05/00), to participate in work activities and alternative activities.
(C) Written notice of sanction
(1) Before a CDJFS sanctions an assistance group pursuant to paragraph (B) of this rule, the Ohio department of job and family services (ODJFS) shall provide the assistance group with written notice of the sanction.
(2) The written notice shall include a provision in bold type face that informs the assistance group that, not later than fifteen calendar days after ODJFS mails the written notice to the assistance group, the assistance group may request a state hearing which, at the assistance group’s request, may be preceded by a face-to-face county conference with the CDJFS as set forth in rule 5101:6-5-01 of the Administrative Code. The purpose of the county conference and state hearing is for the assistance group to explain why they believe a sanction should not be imposed.
(3) The written notice shall include the toll-free telephone number the OWF assistance group may call to obtain the telephone number of an OWF ombudsperson provided for under section 329.07 of the Revised Code.
(4) The required language in paragraphs (C)(2) and (C)(3) of this rule will be included on the ODJFS CRIS-E generated prior notice of adverse action that is sent when proposing a three-tier sanction for non-compliance with a provision in the self sufficiency contract.
(5) The provisions in paragraph (C) of this rule do not replace the requirements of rules 5101:6-3-02 and 5101:6-4-01 of the Administrative Code. If a hearing request is made within fifteen calendar days after the mailing of the notice, the imposition of the sanction is postponed. If a hearing request is made after the fifteenth day, but on or before the ninetieth day, the hearing shall be conducted but the sanction is not postponed.
(6) The CDJFS shall immediately convert all oral hearing requests to writing, including all oral hearing requests made by telephone to the OWF ombudsperson. The assistance group has up to ninety days, from the date the adverse action notice is mailed, in which to request a county conference and state hearing.
(D) Reinstatement of OWF upon the expiration of the sanction period
(1) An assistance group that resumes participation in OWF following a sanction as set forth in paragraph (B) of this rule is not required to do either of the following:
(a) Reapply under section 5107.12 of the Revised Code and rule 5101:1-2-01 of the Administrative Code, unless a reapplication is required for food stamp or medicaid benefits, or both.
(b) Enter into a new self sufficiency contract as set forth in rule 5101:1-3-11 of the Administrative Code, unless the CDJFS determines one of the following:
(i) It is time for a new appraisal pursuant to paragraph (C) of rule 5101:1-3-12 of the Administrative Code; or
(ii) The assistance group’s circumstances have changed in a manner necessitating an amendment of the self sufficiency contract as determined using procedures included in the contract as set forth in rule 5101:1-3-11 of the Administrative Code.
(2) Unless a new application is required as set forth in paragraph (E) of this rule, the effective date of eligibility shall be the first day of the month following the sanction period pursuant to paragraph (B) of this rule.
(3) When a new application is required as set forth in paragraph (E)(3) of this rule, the provisions set forth in rule 5101:1-2-01 of the Administrative Code are applicable.
(4) If a new application is not being submitted, the assignment of support rights will be deemed to have been met with the existing application. The support rights are assigned effective the first day of the month following the date of approval for OWF cash assistance as set forth in rule 5101:1-3-10 of the Administrative Code.
(E) Reinstatement process
(1) The assistance group shall be notified at least thirty days prior to the expiration of the sanction period that the sanction will be ending and when they may be eligible for OWF benefits.
(2) An assistance group shall otherwise be eligible for OWF benefits before it can be reinstated. The CDJFS shall determine, before the expiration of the sanction period, if the assistance group is eligible to receive OWF benefits.
(3) There are situations in which the CDJFS shall not reinstate OWF after the sanction period because the assistance group is ineligible for another reason. Situations in which a CDJFS shall not reinstate OWF benefits include, but are not limited to, the following:
(a) The assistance group is ineligible due to the receipt of fraudulent assistance which has not been repaid in full, as set forth in section 5101.83 of the Revised Code and rule 5101:1-23-75 of the Administrative Code;
(b) The assistance group is ineligible because a member of the assistance group has terminated employment without just cause, as set forth in section 5107.26 of the Revised Code and rule 5101:1-3-14 of the Administrative Code;
(c) The assistance group is ineligible because of a refusal to cooperate with a quality assessment (QA) review as set forth in rule 5101:1-3-14 of the Administrative Code.
(4) If the assistance group’s circumstances have changed such that the CDJFS questions the eligibility for OWF, the CDJFS shall request the necessary verifications, as set forth in rule 5101:1-2-20 of the Administrative Code, to establish eligibility. Every effort shall be made by the CDJFS to determine eligibility before the expiration of the sanction period.
(a) This time frame for reinstating OWF benefits following the expiration of the sanction period may be exceeded if the following occurs:
(i) There is a failure, with good cause, to secure the necessary verifications; and
(ii) The failure to secure the verifications is considered beyond the control of the CDJFS or the assistance group.
(5) If the CDJFS determines that eligibility cannot be established for OWF, or if the assistance group requests that OWF benefits not be reinstated, then OWF benefits shall not be reinstated following the sanction period.
(a) The following are situations in which OWF eligibility cannot be established by the CDJFS:
(i) The assistance group’s residence is unknown, as determined by the confirmation of returned mail or notification that the assistance group has moved; or
(ii) The assistance group is not in receipt of food stamp or medicaid benefits.
(b) The assistance group may request, either verbally or in writing, that they do not wish to have OWF benefits reinstated following the expiration of the sanction period. This request shall be documented by the CDJFS.
(c) Notification that OWF benefits are not being reinstated shall be sent to the assistance group in accordance with the prior notice of adverse action requirements in rule 5101:6-2-04 of the Administrative Code. Once notification has been sent to the assistance group, a JFS 07200 “Request for Cash, Food Stamp and Medical Assistance” (rev. 10/2006) shall be submitted in order to explore eligibility for OWF.
(6) The CDJFS may deny or terminate OWF benefits in accordance with paragraph (B)(1) of rule 5101:1-3-14 of the Administrative Code after the end of the sanction period if the following is true:
(a) The appraisal has been scheduled no earlier than thirty days prior to the expiration of the sanction period; and
(b) The sanctioned individual failed to attend the appraisal without good cause.
(7) Once all OWF eligibility factors are established the CDJFS shall reinstate OWF for the assistance group.
(F) Assistance group movement in three-tier sanction situations
(1) All individuals in the OWF assistance group or those individuals who would have been required to be included in the OWF assistance group in accordance with rule 5101:1-23-10 of the Administrative Code, at the time of the failure, are included in the sanction.
(2) Individuals who enter the home and are required to be a member of a sanctioned assistance group after the failure date are not eligible to receive OWF during the sanction period regardless of whether they would otherwise meet the eligibility requirements.
(3) The sanction period as set forth in paragraph (B) of this rule shall be served by all remaining assistance group members in situations where the individual who caused the sanction leaves the household, except in the provisions as set forth in paragraph (F)(4) of this rule.
(4) Minor children who no longer reside with the original assistance group containing sanctioned adults, may be eligible for OWF provided all eligibility requirements are met. They are not required to serve the sanction period.
(5) An individual who causes the sanction carries that sanction into another assistance group until the expiration of the sanction period as set forth in paragraph (B) of this rule.
(a) If the sanctioned individual enters into an existing OWF assistance group the individual is considered a non-recipient work eligible individual during the sanction period and will not be eligible to receive OWF benefits until the sanction period expires.
(b) If the sanctioned individual enters into a household that subsequently makes application for OWF benefits the individual is considered a non-recipient work eligible individual during the sanction period and will not be eligible to receive OWF benefits until the sanction period expires. Provided all other eligibility factors are met, the remaining assistance group members are eligible for OWF.
(6) The CDJFS shall not hold a sanction in abeyance for an individual’s failure to comply with a provision of the self sufficiency contract during a sanction period. If an individual fails to comply with a provision of the self sufficiency contract during an existing sanction period, the CDJFS shall apply another sanction for the appropriate occurrence for the entire OWF assistance group effective with the next recurring month. The individual will continue to serve the remainder of the original sanction period and the new sanction period concurrently.
(7) Individuals in a two-parent assistance group who separate carry only the occurrences caused by their own failure into another assistance group.
(8) If an individual enters into a potential two-parent assistance group, the assistance group’s number of occurrences is the higher amount that either individual incurred prior to the formation of the two-parent assistance group.
Effective: 10/01/2008
R.C. 119.032 review dates: 12/01/2012
Promulgated Under: 119.03
Statutory Authority: 5107.05, Section 5 of Amended Substitute Senate Bill 238 of the 126th General Assembly
Rule Amplifies: 5107.05
Prior Effective Dates: 10/1/1997 (Emer.), 12/30/1997, 7/1/1998, 1/1/1999, 10/1/1999, 7/1/2000, 10/1/2000, 8/29/2003 (Emer.), 3/1/05, 9/29/2006 (Emer.), 12/29/2006, 10/1/2007 (Emer.), 12/29/2007
(A) Conflict with Revised Code
(1) Section (5) of Amended Substitute Senate Bill 238 of the 126th General Assembly (09/06) sets forth the following provision: Not later than September 30, 2006, the director of job and family services shall adopt rules as necessary for the state to comply with 45 U.S.C. 607(i)(2) (08/96). If necessary to bring the state into compliance with 42 U.S.C. 607(i)(2) (08/96), the rules may deviate from Chapter 5107. of the Revised Code. Rules adopted under this section that govern financial and other administrative requirements applicable to the department of job and family services and county departments of job and family services shall be adopted in accordance with section 111.15 of the Revised Code as if they were internal management rules. All other rules adopted under this section shall be adopted in accordance with Chapter 119. of the Revised Code.
(2) The county department of job and family services (CDJFS) shall administer the work activity programs in accordance with the requirements contained in this rule and not in accordance with section 5107.16 of the Revised Code.
(3) All applicable requirements contained in the Revised Code section referenced in paragraph (A)(2) of this rule have been incorporated in this rule.
(B) Affected OWF assistance groups.
(1) The provisions set forth in this rule are applicable to the following OWF assistance groups who had a sanction or penalty assessed on their OWF case prior to October 1, 2006 and the individual who caused the failure and all individuals who were in the OWF assistance group at the time of the failure remained ineligible for OWF:
(a) Child(ren), and a parent in some instances, who were determined eligible to receive OWF because they entered the home after the fail date of the three-tier sanction.
(b) Child(ren), and a parent in some instances, who were determined eligible to receive OWF because they entered the home after the date of ineligibility for the penalty situations outlined in this paragraph.
(i) Termination of employment without just cause as set forth in paragraph (B)(3)(a) of rule 5101:1-3-14 of the Administrative Code.
(ii) Receipt of fraudulent assistance as set forth in paragraph (B)(3)(b) of rule 5101:1-3-14 of the Administrative Code.
(iii) Refusal to cooperate with a quality assessment (QA) review as set forth in paragraph (B)(3)(c) of rule 5101:1-3-14 of the Administrative Code.
(2) Individuals who are under a three-tier sanction that was assessed on their OWF case prior to October 1, 2006 and subsequently move out of that original sanctioned assistance group and into another OWF assistance group are considered non-recipient work eligible individuals and the requirements set forth in paragraph (C) of this rule are applicable.
(C) Requirements for work eligible individuals under a three-tier sanction.
Effective October 1, 2006, all non-recipient work eligible individuals under a three-tier sanction must comply as indicated in this paragraph:
(1) The non-recipient work eligible individual must demonstrate to the CDJFS a willingness to cease the failure or refusal to comply with the self sufficiency contract requirement.
(2) If the work eligible individual fails to comply, as determined by the CDJFS, the OWF assistance group shall be terminated no later than December 31, 2006.
(3) If the work eligible individual complies as determined by the CDJFS and other eligibility factors are met, OWF shall be approved for the entire assistance group.
(4) A work eligible individual who complies, but has not yet served the minimum sanction period pursuant to rule 5101:1-3-15 of the Administrative Code, cannot be added back to the open OWF case until the minimum sanction period has been served.
(D) Requirements for work eligible individuals under a penalty situation.
(1) Effective October 1, 2006 all non-recipient work eligible individuals under the penalty situation identified in paragraph (B)(1)(b)(ii) of this rule must comply as indicated in this paragraph:
(a) The non-recipient work eligible individual must repay the fraudulent assistance in full.
(b) If the work eligible individual fails to repay the fraudulent assistance in full, the OWF assistance group shall be terminated no later than December 31, 2006.
(c) If the work eligible individual repays the fraudulent assistance in full and other eligibility factors are met, OWF shall be approved for the entire assistance group.
(2) Non-recipient work eligible individuals under a penalty situation identified in paragraphs (B)(1)(b)(i) and (B)(1)(b)(iii) of this rule are not eligible to receive OWF until the time-limited penalty is served. The open OWF assistance group must be terminated no later than December 31, 2006 if the ineligiblity period has not been fully served.
Effective: 12/29/2006
R.C. 119.032 review dates: 12/29/2011
Promulgated Under: 119.03
Statutory Authority: 5107.05, Section 5 of Amended Substitute Senate Bill 238 of the 126th General Assembly
Rule Amplifies: 5107.05
Prior Effective Dates: 9/29/06 (Emer.)
(A) PRC employer subsidy
Chapter 5108. of the Revised Code establishes the PRC program under which a county department of job and family services (CDJFS) may establish an employer subsidy program.
(1) The purpose of PRC employer subsidy programs is to provide eligible individuals an opportunity to obtain employment and provide employers an incentive to hire participants who are in need of benefits and services to overcome barriers to employment.
(2) Public, private non-profit, and private for profit employers are eligible to participate in PRC employer subsidy programs.
(3) Employers participating in PRC employer subsidy programs shall receive a subsidy for a specific period of time to assist in the cost of hiring and providing training to the participant.
(4) The subsidized job position may be full or part time. “Full time” and “part time” is defined by the employer.
(5) Participants in a subsidized job shall be considered regular, permanent employees of the employer. They shall be paid the same rate as other employees doing similar work and shall be entitled to the same employment benefits and opportunities for advancement and affiliations with employee organizations that are available to other regular employees of the employer.
(6) The CDJFS or contract program provider and the participant shall enter into a written contract with the employer.
(a) The contract shall be written effective with the first day of employment.
(b) The contract shall specify the number of hours of employment and the number of months of employer subsidy.
(c) The contract shall specify the amount of the monthly subsidy the employer will be receiving. It is recommended that this amount not exceed fifty per cent of the wages paid by the employer.
(7) The PRC subsidy program shall include the expectation of continuing employment with the participating employer after the subsidy expires or a placement component that leads to employment with another employer after the subsidy expires. The expectation of employment may be contingent upon the participant’s successful completion of any probationary or training period specified in the contract and abiding by the employer’s rules and regulations.
(B) CDJFS requirements
(1) The CDJFS shall work with the employer to determine the requirements for the subsidized job and screen participants for placement with the employer.
(2) The CDJFS shall track the subsidy payments to the employer and monitor the participant’s progress in employment during the subsidy period.
(3) Subject to the availability of funds, the CDJFS shall provide support services the CDJFS determines to be necessary to assist the participant in obtaining or maintaining employment with the employer.
(4) The CDJFS should encourage employers to build career ladders to enable participants to move into higher skilled and higher paying positions that will lead them toward self sufficiency.
(C) Participants
(1) Ohio works first (OWF) assistance groups who are participating in the subsidized employment program (SEP) pursuant to rule 5101:1-3-12.2 of the Administrative Code and subsequently become ineligible for OWF may potentially continue to be eligible for a PRC employer subsidy provided that:
(a) The CDJFS has designated the employer subsidy as a PRC service under the county’s PRC plan and the individual is otherwise eligible in accordance with the requirements of Chapter 5108. of the Revised Code; and
(b) The individual is still working for the SEP employer and the terms of the original contract are met.
(2) An individual who is not in receipt of OWF may potentially be eligible for an employer subsidy provided that the CDJFS has designated the employer subsidy as a PRC service under the county’s PRC plan and the individual is otherwise eligible in accordance with the requirements of Chapter 5108. of the Revised Code.
Replaces: 5101:1-3-12.2
Effective: 07/01/2007
R.C. 119.032 review dates: 12/29/2011
Promulgated Under: 119.03
Statutory Authority: 5107.05, Section 5 of Amended Substitute Senate Bill 238 of the 126th General Assembly
Rule Amplifies: 5107.05
Prior Effective Dates: 10/01/1997, 01/01/2001, 10/01/2005, 9/29/2006 (Emer.), 12/29/2006
(A) What is an IDA program?
(1) An “Individual Development Account” means a trust created or organized in the United States to enable an eligible individual the opportunity to accumulate funds for purposes defined in paragraph (D)(1) of this rule.
(2) Pursuant to sections 329.11 to 329.14 of the Revised Code, a county department of job and family services (CDJFS) may establish an IDA program for residents of the county. The program shall provide for establishment of accounts for participants and acceptance of contributions from individuals and entities, including the CDJFS, to be used as matching funds for deposit in the accounts.
(B) How does the CDJFS establish an IDA program?
(1) The CDJFS shall select a fiduciary organization to administer its IDA program. As set forth in section 329.11 of the Revised Code, a “fiduciary organization” is defined as a nonprofit fundraising organization exempt from federal taxation pursuant to 26 U.S.C. 501(a) and (c)(3) (2006).
(2) The responsibilities of a fiduciary organization include but are not limited to:
(a) Ensuring that the organization is bonded for the amount of money the individuals have contributed plus the amount of interest generated by the account;
(b) Marketing the program to individuals and matching fund contributors;
(c) Depositing the individual’s contributions and matching contributions in a financial institution in accordance with section 329.13 of the Revised Code within twenty-four hours of receipt of those contributions;
(d) Ensuring that the allowable matching contribution does not exceed four times the deposited amount and that the account does not exceed ten thousand dollars at any time. Interest generated by an IDA is part of the IDA;
(e) Creating an investment plan to ensure the IDA accounts will obtain a return with a minimal risk of loss;
(f) Creating a plan to prevent unauthorized use of matching contributions and to enforce any penalties pursuant to paragraph (C) of this rule;
(g) Providing financial counseling for account holders;
(h) Conducting verification of eligibility for an IDA;
(i) Complying with federal and state requirements for IDAs; and
(j) Evaluating the IDA program as required by the CDJFS and/or the Ohio department of job and family services (ODJFS).
(3) Matching funds may be provided by or through a non profit, tax exempt organization, or a state or local government agency that works cooperatively with a nonprofit, tax-exempt organization.
(4) If a fiduciary organization participating in the IDA program wants to terminate its participation in the program, it shall give thirty days written notice to the CDJFS. The CDJFS shall be responsible for selecting another fiduciary organization to administer the program. In the event the IDA program is terminated, the funds in any existing IDA, including matching contributions, will be disbursed to the individual.
(5) If a fiduciary organization does not fulfill its responsibilities, the fiduciary organization shall not be allowed to participate in the IDA program until it can prove to the satisfaction of the CDJFS that it can fulfill those responsibilities. If the fiduciary organization misuses the IDA funds, the organization shall be permanently excluded from participation and shall be referred to the county prosecutor. Pursuant to Revised Code section 329.13, a CDJFS cannot stand alone as a fiduciary organization. It can however, work in cooperation with a nonprofit fundraising organization.
(C) Who can participate in an IDA program?
(1) An individual whose household income does not exceed two hundred per cent of the federal poverty level is eligible to participate in an IDA program established by the CDJFS of the county in which the individual resides.
(2) An individual who does not use IDA funds in the manner mandated in section 329.14 of the Revised Code shall be:
(a) Terminated from participation in the IDA program;
(b) Denied participation in any IDA program for a period of six months for the first occurrence and for one year for the second or subsequent occurrence. The penalty period shall begin the month following the month of withdrawal of IDA funds; and
(c) Referred to the county prosecutor for misuse of the funds.
(3) Any remaining money in the IDA less matching contributions from outside entities shall be disbursed to the individual at the beginning of the penalty period. The remaining contributor matching funds are to be returned to the contributor.
(D) For what purposes can an IDA be used?
(1) The money from an IDA account can only be used for the following purposes:
(a) Postsecondary educational expenses paid directly from the account to an eligible education institution or vendor on behalf of the IDA participant;
(b) Qualified acquisition expenses of a principal residence, as defined in 26 U.S.C. 1034 (2006), paid directly from the account to the person or government entity to which the expenses are due;
(c) Qualified business capitalization expenses made in accordance with a qualified business plan that has been approved by a financial institution or by a nonprofit microenterprise program having demonstrated business expertise and paid directly from the account to the person to whom the expenses are due.
(2) A fiduciary organization shall permit a participant to withdraw money deposited by the participant if it is needed to deal with a personal emergency of the participant or a member of the participant’s family or household. Withdrawal shall result in the loss of any matching funds in an amount equal to the amount of the withdrawal.
(3) Regardless of the reason of the withdrawal, a withdrawal from an IDA shall be made only with the approval of the fiduciary organization.
(E) What IDA reports shall be submitted?
(1) The CDJFS shall require the fiduciary organization to collect and maintain information regarding the IDA program pursuant to the provisions of section 329.12 of the Revised Code. The fiduciary organization shall report account information to the CDJFS on the JFS 05101, “The Ohio Department of Job and Family Services, Individual Development Account Report” (2006).
(2) The CDJFS shall prepare a semi-annual report on its IDA program pursuant to the requirements of paragraph (E) of section 329.12 of the Revised Code.
Replaces: 5101:1-3-18
Effective: 09/04/2008
R.C. 119.032 review dates: 09/01/2013
Promulgated Under: 119.03
Statutory Authority: 5101.97.1
Rule Amplifies: 329.11, 329.12, 329.13, 329.14
Prior Effective Dates: 12/1/99, 1/1/05
Effective January 1, 2008, each applicant for and recipient of OWF shall receive information, screening, referral and waiver of certain OWF eligibility requirements if the individual has been subjected to domestic violence. This rule complies with sections 5107.71 to 5107.717 of the Revised Code, which were contained in Amended Substitute House Bill 119 (Am. Sub . H.B. 119, 127th General Assembly).
(A) What is the definition of domestic violence?
“Domestic violence” means being subjected to any of the following:
(1) Physical acts that resulted in, or threatened to result in, physical injury to the individual;
(2) Sexual abuse;
(3) Sexual activity involving a dependent child;
(4) Being forced as the caretaker relative of a dependent child to engage in nonconsensual sexual acts or activities;
(5) Threats of, or attempts at, physical or sexual abuse;
(6) Mental abuse (including emotional harm);
(7) Neglect or deprivation of medical care.
(B) What are the responsibilities of the CDJFS?
The CDJFS shall be aware and recognize the signs of domestic violence and develop a process for addressing the domestic violence. The CDJFS shall:
(1) Inform all applicants for OWF that waivers of OWF eligibility requirements are available for victims of domestic violence;
(2) Screen all applicants for domestic violence as provided in this rule;
(3) Refer all individuals who respond affirmatively to any screening question to counseling and supportive services;
(4) If the CDJFS determines that the individual has been subjected to domestic violence and requiring compliance with the OWF eligibility requirement(s) would make it more difficult for the individual to escape the domestic violence, identify and waive the OWF eligibility requirements;
(5) Report information regarding domestic violence waivers to ODJFS for statistical and federal reporting purposes.
(C) When does the CDJFS need to provide information and what information should be provided?
Each CDJFS shall provide the JFS 08024, “Domestic Violence – You Have a Right to be Safe”, (01/2008) to every applicant at each application and reapplication interview, as set forth in paragraph (K) of rule 5101:1-2-01 and rule 5101:1-2-10 of the Administrative Code. The CDJFS may provide additional information about local supportive services or programs.
(D) What screening is required and when must individuals be screened?
Each CDJFS shall screen for domestic violence. Screening is an ongoing process and shall be conducted at several different intervals including the following:
(1) Appraisal
At each appraisal and reappraisal conducted in accordance with section 5107.41 of the Revised Code, and rule 5101:1-3-12 of the Administrative Code. The CDJFS shall use the screening questions developed by ODJFS. The CDJFS must maintain confidentiality. Except as provided in paragraph (G)(5) of this rule, the CDJFS shall maintain and protect the confidentiality of the information about an individual who has been subjected to domestic violence.
(2) OWF time limits
Each time an individual requests or applies for an extension beyond the thirty-six month time limit for receipt of cash assistance due to a state hardship or good cause condition; and each time an individual requests or applies for an extension beyond the federal sixty-month limit for receipt of cash assistance due to a federal hardship condition, as set forth in section 5107.18 of the Revised Code, and rule 5101:1-23-01 of the Administrative Code.
(3) Cooperation with child support (IV-D)
When an individual claims good cause for refusal to cooperate in establishing paternity and securing support, that information is sent to the county child support enforcement agency (CSEA) for a determination of good cause. This information will be transmitted to the CSEA via the 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).
(4) Good cause for failure to comply with self-sufficiency contract
Each time the CDJFS reviews whether an individual has good cause for a failure to comply with the self-sufficiency contract required by rule 5101:1-3-12 of the Administrative Code.
(5) Other
At any other time the CDJFS determines that a review of the family’s circumstances and continued eligibility for OWF should be completed.
(E) When must a CDJFS make a referral?
The CDJFS shall refer an individual for counseling and supportive services if that individual responds affirmatively to any screening question asked at any of the intervals listed in paragraph (D) of this rule. The CDJFS shall also refer an individual for counseling and supportive services if the CDJFS otherwise becomes aware that the individual is, or is at risk of becoming, a victim of domestic violence.
The individual may decline the referral for counseling and supportive services at the point of referral or may stop counseling or refuse supportive services at any time.
(F) When shall a CDJFS grant a waiver?
If a CDJFS determines that the individual has been subjected to domestic violence and requiring compliance with the requirement would make it more difficult for the individual to escape domestic violence or unfairly penalize the individual, the CDJFS shall waive the requirement and exempt the individual from that requirement.
The CDJFS shall:
(1) Collect supporting documentation including the following:
(a) Where available, records from any of the following sources:
(i) Police, courts and other governmental entities;
(ii) Shelters, and legal, religious, medical and other professionals from whom the individual sought assistance in dealing with domestic violence;
(iii) Other persons with knowledge of the domestic violence.
(b) In the absence of any of the above documentation, the individual’s allegation of domestic violence, as identified by the individual requesting the waiver on the JFS 03803, “Ohio Works First (OWF) & Food Stamps: Domestic Violence Waiver Request and Verification Form” (rev. 01/2008), unless the CDJFS has an independent, reasonable basis to find that the individual’s allegation is not credible.
(G) What OWF eligibility requirements can be waived?
(1) The following OWF eligibility requirements shall be waived if the requirements set forth in paragraph (F) of this rule are met:
(a) Mandatory participation in a work activity
An individual may be assigned to and engaged in an activity; however the individual cannot be sanctioned for failure to comply with any activities outlined in the individual’s self-sufficiency contract.
(b) Cooperation with child support in establishing paternity and support
Waiver of cooperation with child support is determined by the CSEA pursuant to rule 5101:12-10-32 of the Administrative Code.
(c) OWF thirty-six month time limit for receipt of OWF cash assistance
Extensions beyond the thirty-six month time limit, as set forth in rule 5101:1-23-01 of the Administrative Code, due to a domestic violence waiver will not count in the determination of the county twenty per cent limit for hardship extensions, as provided in rule 5101:1-23-01.1 of the Administrative Code.
(2) The following OWF eligibility requirements may be waived at county option depending upon the individual’s or family’s circumstances.
(a) Verification of income
The requirement to verify income as set forth in rules 5101:1-2-20 and 5101:1-23-20 of the Administrative Code may be waived. However, in the absence of verification, the CDJFS shall document in the case record that verification was unavailable, and that the income that was used to determine eligibility was based on the individual’s signed statement.
(b) Penalty for quitting a job without just cause
The penalty for quitting a job as provided in section 5107.26 of the Revised Code, and rule 5101:1-3-14 of the Administrative Code may be waived.
(3) How long does a waiver last?
The CDJFS shall review the individual’s continued eligibility for the waiver of OWF eligibility requirements set forth in this rule. There is no limit on the number of times (or length of time) that a waiver can be extended. The CDJFS shall review the necessity for a waiver at least once every six months. The CDJFS may at its option, review the individual’s continued eligibility for a waiver more frequently than every six months. However, the length of time for a waiver of cooperation with child support granted under the provisions contained in paragraph (G)(1)(b) of this rule, and rule 5101:12-10-32 of the Administrative Code, is determined and shall be governed by the CSEA.
(4) How are individuals told about a CDJFS decision on a waiver?
The CDJFS shall issue written prior notice, in accordance with division 5101:6 of the Administrative Code, of its decision approving or denying waiver of the OWF eligibility requirement. The individual may appeal the CDJFS determination pursuant to section 5101.35 of the Revised Code.
(a) The individual may decline a waiver that would otherwise be approved under paragraphs (F) and (G) of this rule.
(b) The individual may also accept a waiver of eligibility requirements, but may terminate the waiver at any time.
(5) What reporting responsibilities does the CDJFS have?
The CDJFS shall provide information to ODJFS about each individual to whom a waiver is granted under the provisions set forth in this rule for federal reporting and statistical analysis purposes only.
(H) What are the ODJFS responsibilities?
ODJFS will monitor CDJFS implementation and compliance regarding the provisions set forth in this rule.
Effective: 01/01/2008
R.C. 119.032 review dates: 01/01/2013
Promulgated Under: 119.03
Statutory Authority: 5107.02, 5107.71, 5107.711, 5107.712, 5107.713, 5107.714, 5107.715, 5107.716, 5107.717
Rule Amplifies: 5107.02, 5107.71, 5107.711, 5107.712, 5107.713, 5107.714, 5107.715, 5107.716, 5107.717
(A) Concurrent receipt of assistance
(1) “Concurrent receipt of assistance” is defined as the receipt of assistance by an assistance group under more than one public assistance money grant in the same month. The receipt of public assistance, from two or more different states, for a duplicate time period, also constitutes concurrent receipt of assistance.
(2) An assistance group member shall not be eligible to receive or have his needs covered by OWF or DA in more than one assistance group or more than one county in any given month. The exception to this provision is the situation involving the removal of a child by the public children services agency, as set forth in section 5107.10 of the Revised Code. In these situations, benefits could be authorized for up to three payment months for the following assistance groups:
(A) The OWF assistance group from which the child(ren) was removed and an OWF assistance group where the child(ren) is placed; or
(B) The OWF assistance group from which the child(ren) was removed and a title IV-E (foster care) assistance group where the child(ren) is placed.
(3) It is not appropriate to determine that an assistance group member is ineligible for inclusion in a new assistance group solely because the assistance group member’s needs are still included in a former assistance group. Rather, the CDHS must determine at what point the assistance group member became ineligible for inclusion in the first assistance group. After this determination is made, the CDHS shall determine eligibility and authorize assistance for the new assistance group. The fact that the assistance group member’s needs have not been removed from the former assistance group shall not preclude eligibility or delay the beginning date of assistance for the new assistance group.
(4) An individual whose needs are met by the supplemental security income (SSI) program shall not be eligible to have his needs included in an OWF or DA assistance group concurrently.
(5) If the applicant assistance group is receiving or is believed to be receiving cash assistance from another state, the CDHS must determine at what point the assistance group became ineligible for benefits in the former state prior to approving assistance in Ohio. Prior to the approval of assistance, the CDHS must contact the other state to verify when the assistance group became ineligible and the time period for which assistance was last authorized. Contact with the other state may be a telephone call or a written inquiry. In either situation, details of the contact must be carefully documented in the assistance group record.
(6) If an assistance group notifies the CDHS that it is moving to another state and will still be requiring aid, OWF may be authorized out of state for one month when it is verified and documented that no assistance will be issued in the new state of residence for that month.
(B) Concurrent receipt of DA and OWF
(1) An assistance group may receive OWF and DA benefits in the same month, provided that the amount DA received is deducted from the OWF grant amount.
(2) The method for determining the OWF payment is as follows:
Step 1 _________ DA prorated amount for number of days of
eligibility
Step 2 +_________ OWF prorated amount for number of days of
eligibility
Step 3 =_________ Total amount of benefits the assistance group was
eligible to receive
Step 4 -_________ DA already issued for the month
Step 5 =_________ Amount of OWF payment due assistance group
(C) Repayment of DA
(1) The amount of OWF used to repay the DA program for the DA provided for the month is determined by subtracting the amount in step (1) of paragraph (B)(2) of this rule from the amount in step (4) of paragraph (B)(2) of this rule.
(2) In situations where there is a separation of the DA assistance group and part of the group is eligible for OWF, the CDHS shall determine the DA that the person was eligible for by taking the DA grant issued and dividing by the number of persons in the DA assistance group. The amount obtained is the DA assistance for one person. The CDHS shall then multiply that figure by the number of the DA assistance group members eligible for OWF.
HISTORY: Eff 5-1-82; 11-1-83 (Temp); 1-1-84; 7-15-84 (Temp); 10-1-84; 8-1-86 (Emer.); 10-3-86; 7-1-90; 10-1-91 (Emer.); 12-20-91; 9-1-94; 10-30-95; 1-1-96; 12-30-97
Rule promulgated under: RC Chapter 119.
Rule authorized by: RC 5107.05, 5115.05
Rule amplifies: RC 5107.05, 5115.05
REPLACES FORMER RULE 5101:1-25-55.
REVIEW DATE: 12/02/2002