LAW
Writer®
Ohio Laws and Rules
(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