5101:1-3-04 Ohio works first: temporary absence.

(A) What is temporary absence? The absence of a member of the Ohio works first (OWF) assistance group is temporary if all of the conditions set forth in paragraphs (A)(1) to (A)(3) of this rule are met. A temporarily absent individual is considered to be in the home for purposes of OWF eligibility.

(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) How long can an OWF recipient be temporarily absent? An OWF recipient may be considered temporarily absent for up to forty-five consecutive days. An OWF recipient who is, or is expected to be absent from the home without good cause for longer than forty-five consecutive days does not meet the temporary absence requirement for OWF.

(C) What are the good cause reasons for temporary absence? Good cause is limited to the following reasons for absences of more than forty-five consecutive calendar days:

(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. OWF payments for the child may continue for up to six payment months after the removal date. In order for this exception to apply, the child must be in receipt of OWF cash assistance on the date of the removal by the PCSA.

(D) What if good cause is not met?

(1) If good cause, as set forth in paragraphs (C)(1) to (C)(7) of this rule, is not met and the absence lasts or is expected to last longer than forty-five consecutive days, the county agency shall remove the absent member from the assistance group. Ineligibility for the absent member begins on the forty-sixth day from the date that the member left the household.

(2) The forty-five consecutive calendar day requirement is not applicable for children who are temporarily absent due to a removal by the PCSA as set forth in paragraph (C)(8) of this rule.

(E) What happens if the absence of a minor child is not reported as required?

The child's absence must be reported by the end of the five-day period that begins with the date that it becomes clear to the parent or specified relative that the minor child will be absent for more than forty-five consecutive days and good cause does not exist. A parent or specified relative who fails to notify the county agency of the absence of the minor child from the home within the time period set forth in this paragraph is ineligible for inclusion in the OWF assistance group. The remaining assistance group members may continue to receive OWF. This regulation is applicable to paragraphs (C)(1) to (C)(7) of this rule.

(F) How long is an individual ineligible for failure to report the child's absence?

The parent or specified relative is ineligible beginning with the same day that the absent child becomes ineligible. The parent or specified relative remains ineligible until the day that the absence was reported by the parent or specified relative or was discovered by the county agency. If the assistance group is otherwise eligible, the parent or specified relative may be eligible for OWF the following day. The erroneous payment provisions set forth in rule 5101:1-23-70 of the Administrative Code are applicable. This regulation is applicable to paragraphs (C)(1) to (C)(7)of this rule.

Effective: 06/01/2010
R.C. 119.032 review dates: 06/01/2015
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, 10/01/05