Chapter 5101:14-1 Comprehensive Case Management and Employment Program

5101:14-1-01 Comprehensive case management and employment program: definitions.

The following definitions apply to this rule and other rules in division 5101:14 of the Administrative Code.

(A) "Adult mentoring" means providing a one-to-one relationship between an adult and a youth, whose purpose is to build positive, supportive relationships between youth and adults and to provide positive adult role models for youth.

(B) "Basic skills deficient" means a youth who has English reading, writing, or computing skills at or below the eighth grade level on a generally accepted standardized test or who is unable to compute or solve problems, or read, write, or speak English, at a level necessary to function on the job, in the individual's family, or in society.

(C) "Career pathway" means a combination of rigorous and high-quality education, training, and other services that:

(1) Align with the skill needs of industries in the economy of the state or regional economy involved;

(2) Prepare an individual to be successful in any of a full range of secondary and postsecondary education options, including apprenticeships registered under the National Apprenticeship Act (1932);

(3) Include counseling to support an individual in achieving the individual's education and career goals;

(4) Include, as appropriate, education offered concurrently with and in the same context as workforce preparation activities and training for a specific occupation or occupational cluster;

(5) Organize education, training, and other services to meet the particular needs of an individual in a manner that accelerates the educational and career advancement of the individual to the extent practicable;

(6) Enable an individual to attain a secondary school diploma or its equivalent, and at least one recognized post-secondary credential; and

(7) Help an individual enter or advance within a specific occupation or occupational cluster.

(D) "Certificate of high school equivalence" has the same meaning as in section 5107.40 of the Revised Code.

(E) "Chief elected official" means the chief elected executive officer of a unit of general local government in the local area or, in the case of a local area that includes more than one unit of general local government, the individual or individuals designated as the chief elected official or officials in an agreement that specifies the roles of chief elected executive officers in the local area.

(F) "Comprehensive guidance and counseling" includes career and academic counseling, drug and alcohol counseling, mental health counseling, and referral to partner programs for such services.

(G) "Coordination" means collaboration between comprehensive case management and employment program (CCMEP) lead agencies, the local board, subcontractors, county departments of job and family services, and the Ohio Means Jobs (OMJ) centers in order to increase youth access and connections to CCMEP services. Access and connections includes any of the following:

(1) Coordination and provision of youth activities.

(2) Linkages to the job market and employers.

(3) Access to CCMEP for eligible youth.

(4) Services for non-eligible youth such as basic labor exchange services, other self- service activities such as job searches, career exploration, use of career center resources, and referral as appropriate.

(5) Other activities described in section 129(b) and (c) of the Workforce Innovation and Opportunity Act (2014)(WIOA).

(6) Co-locating CCMEP staff at the OMJ center.

(H) "Eligible training providers" means entities, such as institutions of higher education, registered apprenticeship programs, or other public or private providers of a program of training service, which are eligible to receive WIOA funding based upon meeting certain criteria established by the state.

(I) "Enrollment" begins with the date a program participant signs the individual opportunity plan (IOP) which includes assignment and participation in at least one CCMEP service and ends with exit in accordance with rule 5101:14-1-06 of the Administrative Code.

(1) This IOP data shall be inputted into the Ohio workforce case management system (OWCMS) as described in paragraph (H)(2) of rule 5101:14-1-04 of the Administrative Code.

(2) For Ohio works first work-eligible individuals, enrollment shall begin no sooner than the date cash has been authorized.

(J) "Entrepreneurial skills training" provides training on the basics of starting and operating a small business.

(K) "Exit" means the process of ending a program participant's services in the CCMEP.

(L) "Exit date" means the date when the last service ended and there are no plans to provide the participant with future services. This date cannot be determined until at least ninety days have elapsed since the program participant last received services. This does not include a self-service, information-only service, or follow-up service.

(M) "Fiscal biennial period" means a two-year period beginning on the first day of July of an odd-numbered year and ending on the last day of June of the next odd-numbered year.

(N) "Incentive" means a payment to a program participant for successful achievement of milestones in the program tied to work experience, education, or training as defined in the IOP and shall not be assistance as defined in 45 C.F.R. 260.31 (1999).

(O) "In-demand occupations" means an occupation that currently has or is projected to have a number of positions (including positions that lead to economic self-sufficiency and opportunities for advancement) in an industry sector so as to have a significant impact on the state, regional economy as listed on the state in-demand occupations list and listed on the local in-demand occupations list as defined by the local board.

(P) "In-school youth" has the same meaning as that term is defined in rule 5101:10-3-01 of the Administrative Code.

(Q) "Individual training accounts" means a method to finance training which are established on behalf of the program participant to purchase a program of training services from eligible training providers. Costs must be reasonable and necessary and must represent a sound investment of public funds.

(1) Individual training account (ITA) expenditures are costs required by the training institution to complete the training. ITA costs required to complete the training may include, but are not limited to: tuition and fees; books, tools; uniforms; tests; and for WIOA funding only, medical immunization/tests.

(2) ITA costs do not include any supportive service costs related to the ITA e.g. transportation or child care).

(R) "Individual with a disability" means an individual who has, appears to have, or is regarded as having a physical, or mental impairment that substantially limits one or more major life activity. The terms "physical impairment", "mental impairment" and "major life activity" shall have the same meaning as those terms are defined in rule 5101:9-2-02 of the Administrative Code.

(S) "Lead agency" means the local participating agency designated under section 5116.22 of the Revised Code to serve for a fiscal biennial period, or part thereof, as a county's lead agency for the purpose of CCMEP.

(T) "Leadership development opportunities" means opportunities that encourage responsibility, confidence, employability, self-determination and other positive social behaviors including, but not limited to:

(1) Exposure to post-secondary educational possibilities;

(2) Community and service learning projects;

(3) Peer-centered activities, including peer mentoring and tutoring;

(4) Organizational and team work training, including team leadership training;

(5) Training in decision-making, including determining priorities and problem solving;

(6) Citizenship training, including life skills training such as parenting and work behavior training;

(7) Civic engagement activities which promote the quality of life in a community; and

(8) Other leadership activities that place youth in a leadership role such as serving on youth leadership committees.

(U) "Local area" has the same meaning as in section 6301.01 of the Revised Code.

(V) "Local participating agencies" means the county department of job and family services and workforce development agency that serve the same county.

(W) "Local board" means a local workforce development board established under section 107 of WIOA.

(X) "Low income individual" has the same meaning as that term is defined in rule 5101:10-3-01 of the Administrative Code.

(Y) "Occupational skills training" means a CCMEP service that is a training program providing specific vocational skills that lead to proficiency in performing actual tasks and technical functions required by certain occupational fields at entry, intermediate, or advance levels and results in attainment of a certificate or recognized post-secondary credential.

(Z) "Ohio works first" has the same meaning as in section 5107.02 of the Revised Code.

(AA) "On-the-job training" means a type of work experience where training is provided by an employer to a paid program participant while engaged in productive work in a job that:

(1) Provides knowledge or skills essential to the full and adequate performance of the job;

(2) Is made available through a program that provides reimbursement to the employer of a percentage of wage rate of the participant; and

(3) Is limited in duration as appropriate to the occupation for which the participant is being trained, taking into account the content of the training, prior work experience of the participant, and the IOP for the participant.

(BB) "Out-of-school youth" has the same meaning as that term is defined in rule 5101:10-3-01 of the Administrative Code.

(CC) "Prevention, retention, and contingency program" has the same meaning as in section 5108.01 of the Revised Code.

(DD) "Program participant" means an individual who:

(1) Is a mandatory or voluntary CCMEP participant;

(2) Has signed an IOP that includes one or more assignments and participation in a CCMEP activity that has been entered into OWCMS; and

(3) Has not been exited from participation in CCMEP in accordance with rule 5101:14-1-06 of the Administrative Code.

(EE) "Program year" means the time period beginning on July first and ending on June thirtieth.

(FF) "Recognized post-secondary credential" means a credential consisting of an industry-recognized certificate or certification, certificate of completion of an apprenticeship, a license recognized by the state or federal government, or an associate or baccalaureate degree.

(GG) "Service" means one of the fourteen services made available to program participants in accordance with rule 5101:14-1-02 of the Administrative Code.

(HH) "Subcontractor" means an entity with which a local participating agency contracts to perform, on behalf of the local participating agency, one or more of the local participating agency's duties regarding CCMEP. For purposes of this chapter, the term subcontractor may also include a subrecipient based on the relationship the local participating agency has with the entity.

(II) "Supportive services" are intended to enable an individual to participate in CCMEP activities and/or to secure and retain employment. Supportive services must be reasonable and necessary and may include but are not limited to linkages to, referrals to or assistance with:

(1) Community services;

(2) Access to health care;

(3) Transportation, child and dependent care, housing, uniforms, work attire and work-related tools;

(4) Books, fees, school supplies, and other necessary items for students enrolled in post-secondary education classes;

(5) Payments and fees for employment and training-related applications, tests, and certifications;

(6) Educational testing; and

(7) Reasonable accommodations for youth with disabilities.

(JJ) "Temporary assistance for needy families" (TANF) means the program established in accordance with Title IV-A of the Social Security Act, 42 U.S.C. 601 (1997). TANF funds shall be used in a manner reasonably calculated to accomplish one or more of the following purposes:

(1) Provide assistance to needy families so that children may be cared for in their own homes or in the homes of relatives;

(2) End the dependence of needy parents on government benefits by promoting job preparation, work and marriage;

(3) Prevent and reduce the incidence of out-of-wedlock pregnancies and establish annual numerical goals for preventing and reducing the incidence of these pregnancies; or

(4) Encourage the formation and maintenance of two-parent families.

(KK) "TANF assistance" means:

(1) Cash, payments, vouchers, and other forms of benefits designed to meet a family's ongoing basic needs (i.e., for food, clothing, shelter, utilities, household goods, personal care items, and general incidental expenses). It includes such benefits even when they are:

(a) Provided in the form of payments by a TANF agency, or other agency on its behalf, to individual recipients; and

(b) Conditioned on participation in work experience or community service (or any other work activity described in 45 C.F.R. 261.30 (2008)).

(c) Except where excluded under paragraph (KK)(2) of this rule, it also includes supportive services such as transportation and child care provided to families who are not employed.

(2) TANF assistance excludes:

(a) Non-recurrent, short-term benefits that:

(i) Are designed to deal with a specific crisis situation or episode of need;

(ii) Are not intended to meet recurrent or ongoing needs; and

(iii) Will not extend beyond four months.

(b) Work subsidies (i.e. payments to employers or third parties to help cover the costs of employee wages, benefits, supervision, and training);

(c) Supportive services such as child care and transportation provided to families who are employed;

(d) Refundable earned income tax credits;

(e) Contributions to, and distributions from, individual development accounts (IDAs);

(f) Services such as counseling, case management, peer support, child care information and referral, transitional services, job retention, job advancement, and other employment-related services that do not provide basic income support, and

(g) Transportation benefits provided under a job access or reverse commute.

(LL) "TANF block grant" means the TANF block grant established by Title IV-A of the "Social Security Act" (05/2006).

(MM) "WIOA Fiscal agent" means the entity designated by the chief elected official in accordance with section 107(d)(12)(B)(i)(II) of WIOA to assist in the administration of WIOA grant funds under the direction of the local board. The WIOA fiscal agent shall receive and manage all formula WIOA funds for the area and other federal, state, or local funds allocated to the local area.

(NN) "Work-eligible individual" has the same meaning as defined in rule 5101:1-3-12 of the Administrative Code.

(OO) "Work experience" means a CCMEP service that is a planned, structured learning experience that takes place in a workplace for a limited period of time.

(PP) "Workforce development activity" has the same meaning as in section 6301.01 of the Revised Code.

(QQ) "Workforce development agency" means a public or private entity designated or certified by a local board to coordinate the delivery of workforce services for a county.

(RR) "Workforce Innovation and Opportunity Act" (WIOA) means Pub. L. No. 113-128, 29 U.S.C. 3101 (2014). WIOA supersedes the Workforce Investment Act of 1998 and amends the Adult Education and Family Literacy Act (1998), the Wagner-Peyser Act (1998), and the Rehabilitation Act of 1973. The purpose of WIOA is to:

(1) Increase opportunities for individuals, particularly those with barriers to employment;

(2) Support alignment of workforce investment, education, and economic development systems;

(3) Provide workers with the skills and credentials to secure and advance in employment;

(4) Promote improvement in the structure and delivery of services;

(5) Increase prosperity of workers and employers; and

(6) Increase the employment, retention, and earnings of participants and increase the attainment of recognized post-secondary credentials.

(SS) "Youth workforce investment activity funds" means funds allocated or granted under Title I, Subtitle B, Chapter 2 of WIOA, for youth workforce investment activities.

Effective: 10/1/2017
Five Year Review (FYR) Dates: 3/24/2021
Promulgated Under: 119.03
Statutory Authority: 5116.06
Rule Amplifies: 5116.01, 5116.02, 5116.03, 5116.06 , 5116.10, 5116.11, 5116.12, 5116.20, 5116.21, 5116.22, 5116.23, 5116.24, 5116.25
Prior Effective Dates: 03/24/2016

5101:14-1-02 Comprehensive case management employment program: general.

(A) What is the comprehensive case management and employment program?

The comprehensive case management and employment program (CCMEP) is a Title IV-A program, a family services duty, and workforce development activity that provides employment, training services and other supportive services to mandatory and voluntary program participants based upon a comprehensive assessment of an individual participant's employment and training needs.

(B) Who participates in CCMEP?

(1) The following individuals who are at least fourteen but not more than twenty-four years of age are required to participate in CCMEP:

(a) Participants in the Ohio works first (OWF) program who have been determined to be work-eligible in accordance with rule 5101:1-3-12 of the Administrative Code.

(b) Each individual who is an in-school youth or out-of-school youth as a condition of enrollment in workforce development activities funded by the Workforce Innovation and Opportunity Act (2014) (WIOA).

(2) The following individuals who are at least fourteen but not more than twenty-four years of age may volunteer to participate in CCMEP:

(a) Any OWF participant who has not been determined to be a work-eligible individual in accordance with rule 5101:1-3-12 of the Administrative Code.

(b) Any individual receiving benefits and services under the prevention, retention, and contingency (PRC) program who volunteers for CCMEP within ninety calendar days of the date that PRC benefits are received.

(C) How is CCMEP funded and administered at the local level?

Each local board shall decide whether to authorize the use of its youth workforce investment activity funds for CCMEP as described in paragraph (C) of this rule. The decision shall be made not later than thirty calendar days before the beginning of each fiscal biennial period. A local board's decision applies to all of the counties the local board serves.

(1) If a local board decides under section 5116.20 of the Revised Code not to authorize the use of its youth workforce investment activity funds for CCMEP for a fiscal biennial period, all of the following shall apply to that fiscal biennial period:

(a) The local board shall use its youth workforce investment activity funds in accordance with section 129 of WIOA.

(b) No temporary assistance for needy families (TANF) block grant funds shall be made available for CCMEP to the local board or any county the local board serves.

(c) The Ohio department of job and family services (ODJFS) shall use available TANF block grant funds to administer, or to contract with a government or private entity to administer CCMEP in the counties the local board serves.

(2) If a local board decides under section 5116.20 of the Revised Code to authorize the use of its youth workforce investment activity funds for CCMEP for a fiscal biennial period, all of the following shall apply to that fiscal biennial period:

(a) Before the beginning of the fiscal biennial period, the local board shall authorize the use of its youth workforce investment activity funds by submitting either a signed, written agreement or an official board-approved resolution to ODJFS that, to the extent permitted by federal law, requires the local board and the counties the local board serves to operate CCMEP in accordance with the program's requirements, including the requirements established by Chapter 5116. of the Revised Code, rules adopted under section 5116.06 of the Revised Code, and any other rules applicable to the program.

(b) Before the beginning of the fiscal biennial period, the board of county commissioners of each of the counties the local board serves shall designate either of the local participating agencies to serve as the county's lead agency for purposes of CCMEP.

(3) After the board of county commissioners designates a local participating agency to serve as the county's lead agency for a fiscal biennial period, the board may designate the other local participating agency to take over as the county's lead agency for the remainder of the fiscal biennial period.

(4) The board of county commissioners shall inform ODJFS of its designation of the lead agency under paragraph (C)(2)(b) of this rule before the beginning of the fiscal biennial period for which the designation is made. The board shall notify ODJFS in writing of any redesignation of a lead agency under paragraph (C)(3) of this rule not later than sixty calendar days after the redesignation takes effect.

(D) What are the requirements of the lead agency?

(1) Each lead agency, in consultation with the local board that serves the same county shall, in accordance with rules adopted under sections 5116.06 and 5107.05 of the Revised Code, do all of the following for the fiscal biennial period, or part thereof, for which the lead agency has been designated:

(a) Prepare and submit the JFS 03001 "Comprehensive Case Management and Employment Program (CCMEP) Plan" (rev. 10/2017) to ODJFS containing standard procedures for administration of CCMEP that are consistent with agency 5101 of the Administrative Code;

(b) Administer the CCMEP program in the county for which it is designated to serve as lead agency in accordance with applicable federal and state laws and regulations to the extent funds are available within the county's TANF and WIOA allocations for the purpose of administering CCMEP;

(c) Partner with the other local participating agency and subcontractors, to do all of the following:

(i) Actively coordinate activities regarding the program;

(ii) Establish guidelines for the uniform administration of CCMEP including but not limited to:

(a) The procurement of services;

(b) The selection of a basic skills assessment;

(c) Ensuring the determination of eligibility for the WIOA youth program in accordance with rule 5101:10-3-01 of the Administrative Code;

(d) Reporting and collecting data;

(e) Contract monitoring and compliance;

(f) Compliance with relevant policies of the local board; and

(iii) Use their expertise in administering the program.

(d) Utilize the Ohio workforce case management system (OWCMS) for the administration and case management of CCMEP;

(e) Cooperate with the WIOA fiscal agent in the execution of its responsibilities as described in rule 5101:9-7-05 of the Administrative Code including but not limited to taking all appropriate actions, including executing agreements, grants, and contracts necessary to expend WIOA funds.

(f) Ensure that TANF funds expended or claimed for CCMEP are allowable uses of federal Title IV-A funds under sections 401 and 404(a) of the "Social Security Act," 42 U.S.C. 601 (1997), 604(a) (2012), 608 (2012), and 45 C.F.R. 260.31 (1999).

(g) A lead agency shall use the funds in a manner consistent with federal and state law. The lead agency shall coordinate this responsibility with any entity that has been designated to serve as a local grant subrecipient or a local fiscal agent under section 107(d)(12)(B)(i)(II) of WIOA. Liability for misuse of CCMEP funds shall be as set forth in applicable TANF and WIOA law.

(h) Meet performance measures described in rule 5101:14-1-07 of the Administrative Code.

(i) Make the fourteen services described in paragraph (E) of this rule available to each program participant.

(j) Determining eligibility for WIOA and TANF in accordance with paragraph (B) of rule 5101:14-1-04 of the Administrative Code.

(k) When a program participant is determined to have committed an intentional program violation (IPV) of OWF or PRC program, the lead agency shall not provide TANF funded services as part of CCMEP during the penalty period.

(l) When a county department of job and family services is investigating an alleged IPV or is establishing an erroneous payment to a program participant, the lead agency shall cooperate with the investigation and provide supporting documentation of TANF funded services provided to a program participant.

(m) When a program participant transfers from one county into a new county that the lead agency serves, a revised IOP shall be developed within ten calendar days of the transfer notification as described in paragraph (I) of rule 5101:14-1-04 of the Administrative Code.

(2) If a board of county commissioners redesignates the lead agency under division (B) of section 5116.22 of the Revised Code during a fiscal biennial period, the new lead agency shall prepare and submit to ODJFS a new plan under paragraph (D)(1)(a) of this rule not later than sixty calendar days after the redesignation takes effect.

(3) Each local board shall ensure that the plans prepared under paragraph (D)(1)(a) of this rule by the lead agencies serving the same counties the board serves are included in the local board's plan prepared under section 6301.07 of the Revised Code.

(4) If a lead agency fails to enroll in CCMEP an individual who is required by section 5116.10 of the Revised Code to participate in the program and to take corrective action that ODJFS requires the lead agency to take as a consequence of that failure, ODJFS may take the following actions:

(a) Require the responsible lead agency to comply with a corrective action plan pursuant to a time schedule specified by ODJFS. The corrective action plan shall be established or approved by ODJFS and require a lead agency to commit to the plan existing resources identified by ODJFS.

(b) When the lead agency does not comply with a corrective action plan, ODJFS may perform or contract with a government or private entity for the entity to perform, the family services duty until ODJFS is confident that the responsible lead agency can perform the duty satisfactorily. If ODJFS performs or contracts with an entity to perform a family services duty under division (C)(5) of section 5101.24 of the Revised Code, ODJFS may do either or both of the following:

(i) Spend TANF funds in the county treasury appropriated by the board of county commissioners for the duty;

(ii) Withhold TANF funds allocated or reimbursements due to the responsible lead agency for the duty and spend the funds for the duty.

(E) What are the services that shall be made available to each program participant?

(1) Tutoring, study skills training, instruction and evidence-based dropout prevention and recovery strategies that lead to completion of the requirements for a secondary school diploma or its recognized equivalent (including a recognized certificate of attendance or similar document for individuals with disabilities) or for a recognized postsecondary credential.

(2) Alternative secondary school services or dropout recovery services. This includes alternative secondary school services such as basic education skills training, individualized academic instruction, and English as a second language training. These services assist the program participant who has struggled in traditional secondary education. Dropout recovery services include credit recovery, counseling, and educational plan development. Dropout recovery services assist program participants who have dropped out of school.

(3) Planned, structured learning through paid or unpaid work experiences that have academic and occupational education as a component of the work experience, which may include the following types of work experiences:

(a) Summer employment opportunities and other employment opportunities available throughout the school year;

(b) Pre-apprenticeship programs designed to prepare individuals to enter and succeed in an apprenticeship program registered under the National Apprenticeship Act (1932);

(c) Internships and job shadowing;

(d) On-the-job training opportunities;

(4) Occupational skill training, which includes priority consideration for training programs that lead to recognized post-secondary credentials that align with in-demand industry sectors or occupations in the state or in the local area involved, if the local board determines that the programs meet the quality criteria described in WIOA sections 122 and 123.

(a) Individual training accounts (ITAs) may be established for program participants that are out-of school youth. ITAs are established on behalf of the participant to purchase a program of training services from eligible training providers listed on the workforce inventory of education and training (WIET).

(b) By using an individual training account (ITA), a procured provider of CCMEP services would not have to be used to provide the occupational skills training.

(c) If an ITA is used to fund occupational skills training, eighty-five per cent of all individual training accounts for the program year must be for training in an occupation that is on the state in-demand occupation list. Upon request from a lead agency, ODJFS may waive the limitation on funding.

(5) Education offered concurrently with workforce preparation activities and training for a specific occupation. This includes programs that provide workforce preparation activities, basic academic skills, and hands-on occupational skills training being taught within the same time frame and connected to training in a specific occupation, occupational cluster, or career pathway.

(6) Leadership development opportunities, including community service and peer- centered activities encouraging responsibility and other positive social and civic behaviors.

(7) Supportive services to enable a youth to participate in CCMEP. In accordance with rule 5101:1-3-13 of the Administrative Code, the failure to provide supportive services necessarily related to participation in an assigned CCMEP activity is good cause for failing to participate in the activity for OWF work-eligible individuals.

(8) Adult mentoring for a duration of at least twelve months that may occur both during and after participation in CCMEP.

(9) Follow-up services for not less than twelve months after the completion of participation in CCMEP as described in paragraph (D) of rule 5101:14-1-06 of the Administrative Code. Follow-up services may vary dependent on each program participant's needs and the IOP in effect upon exit, and are intended to provide the necessary support to ensure the program participant's post-program success, including but not limited to:

(a) Supportive services;

(b) Regular contact with program participants and their employers, including assistance addressing work-related problems;

(c) Services that provide labor market and employment information about in- demand industry sectors or occupations available in the local area, such as career awareness, career counseling, and career exploration services.

(d) Financial literacy education;

(e) Adult mentoring; and

(f) Activities that help the program participant prepare for and transition to post- secondary education.

(10) Comprehensive guidance and counseling, which may include drug and alcohol abuse counseling, as well as referrals to counseling, as appropriate to the needs of the individual youth;

(11) Financial literacy education. This includes a program activity provided to gain an understanding of basic financial information which is necessary to become self-sufficient, and includes but is not limited to the following:

(a) Supporting the ability of CCMEP participants to create household budgets, initiate saving plans, and make informed financial decisions about education, retirement, home ownership, wealth building, or other savings goals;

(b) Supporting the ability to manage spending, credit, and debt, including credit card debt, effectively;

(c) Increasing awareness of the availability and significance of credit reports and credit scores in obtaining credit, including determining their accuracy;

(d) Supporting the ability to understand, evaluate, and compare financial products, services, and opportunities; and

(e) Supporting activities that address the particular financial literacy needs of non-English speakers.

(12) Entrepreneurial skills training;

(13) Services that provide labor market and employment information about in-demand industry sectors or occupations available in the local area, such as career awareness, career counseling, and career exploration services; and

(14) Post-secondary preparation and transition activities.

Replaces: 5101:14-1-02

Effective: 10/1/2017
Five Year Review (FYR) Dates: 10/01/2022
Promulgated Under: 119.03
Statutory Authority: 5116.06
Rule Amplifies: 5116.01, 5116.02, 5116.03, 5116.06 , 5116.10, 5116.11, 5116.12, 5116.20, 5116.21, 5116.22, 5116.23, 5116.24, 5116.25
Prior Effective Dates: 03/24/2016, 05/01/2017

5101:14-1-03 Comprehensive case management and employment program: program plan.

Each lead agency is required to adopt and submit a written comprehensive case management and employment program (CCMEP) program plan to the Ohio department of job and family services (ODJFS). The CCMEP program plan shall establish standard processes for determining and maintaining an individual's eligibility to participate in CCMEP for each county that the lead agency serves.

(A) When shall the CCMEP program plan be submitted?

The CCMEP program plan shall be adopted and submitted to ODJFS at least once every fiscal biennial period by the first day in October and may be amended by the lead agency as needed. The lead agency shall submit an amended plan to ODJFS no later than ten calendar days after the amended program plan becomes effective.

(B) What are the requirements for submitting a CCMEP program plan to ODJFS?

(1) The lead agency shall:

(a) Utilize the JFS 03001 "Comprehensive Case Management and Employment Program (CCMEP) Plan" (rev. 10/2017), for its CCMEP program plan; and

(b) Submit the CCMEP program plan to ODJFS in an electronic format. For each amendment, the submission shall contain one version of the plan that clearly indicates what was added or stricken from the prior effective plan and one version that reflects the final plan with all amendments included.

(2) If ODJFS determines that a CCMEP program plan is not consistent with division 5101:14 of the Administrative Code, the CCMEP program plan shall be returned to the lead agency with recommendations for amendment.

(3) Submit a new plan to ODJFS if a board of county commissioners redesignates the lead agency in accordance with paragraph (D)(2) of rule 5101:14-1-02 of the Administrative Code.

(C) What must be included in a CCMEP program plan?

A CCMEP program plan shall be consistent with applicable state and federal laws and regulations and shall include written standards, criteria, and procedures for the operation of CCMEP including but not limited to:

(1) An explanation of how the lead agency will ensure compliance with Title II of the Americans with Disabilities Act (ADA) (2011) and section 504 of the Rehabilitation Act (2008) when a program participant discloses, has, or appears to have a physical or mental condition that substantially limits one or more major life activities.

(2) The process for referring individuals as described in paragraph (A) of rule 5101:14-1-04 of the Administrative Code and ensuring enrollment for individuals in CCMEP.

(3) A description of the activities and services that the lead agency will utilize to make each of the fourteen services described in paragraph (E) of rule 5101:14-1-02 of the Administrative Code available to program participants. For each activity and service, the plan shall indicate which purpose described in paragraph (JJ) of rule 5101:14-1-01 of the Administrative Code the activity or service can reasonably be expected to accomplish.

(4) The plan of communication between local participating agencies and subcontractors regarding OWF recipients including, but not limited to:

(a) The process of communication with the local participating agency when a mandatory Ohio works first (OWF) work eligible program participant fails to comply with the terms of an individual opportunity plan (IOP) and when a program participant is exited as described in paragraph (A) (1) of rule 5101:14-1-05 of the Administrative Code;

(b) The number of months a program participant has participated in OWF that were subject to the time-limit described in rule 5101:1-23-01 of the Administrative Code;

(c) Information regarding CCMEP activities assigned in accordance with rule 5101:14-1-05 of the Administrative Code, including but not limited to: the location, schedule, and nature of the activity; and

(d) Other factors impacting continued CCMEP or OWF eligibility including but not limited to:

(i) Changes in an OWF work-eligible individual's status;

(ii) OWF recipient income information;

(iii) OWF sanctions;

(iv) Good cause;

(v) Compliance activity assignment and completion; and

(vi) Updates to OWF hourly requirements in accordance with rule 5101:1-3-12 of the Administrative Code.

(5) The process for screening and referral between local participating agencies and subcontractors when a program participant is determined to be a victim of domestic violence as described in division (D) of section 5107.02 of the Revised Code including a description of how the lead agency handles domestic violence situations including but not limited to:

(a) The process of communication between local participating agencies and subcontractors;

(b) Modifying hours of participation in CCMEP;

(c) Waivers from requirements;

(d) Referrals to community resources;

(e) Personal information protection; and

(f) Referrals to counseling.

(6) The process for ensuring that information about an OWF or supplemental nutrition assistance program (SNAP) recipient is shared with the county department of job and family services and will be acted upon in accordance with division 5101:1 and/or 5101:4 of the Administrative Code.

(7) The process described in paragraph (I) of rule 5101:14-1-04 of the Administrative Code regarding notification to the new lead agency when a program participant moves to another county.

(8) The description of how the lead agency will:

(a) Engage with each program participant as described in paragraph (A)(1)(a) of rule 5101:14-1-05 of the Administrative Code.

(b) Review IOPs developed in accordance with rule 5101:14-1-04 of the Administrative Code.

(9) The process of communicating about the maximum monthly hours of participation allowable under the Fair Labor Standards Act (05/2000) for OWF recipients.

(10) The process for providing a program participant with written notice of scheduled CCMEP appointments.

(11) The process for administering the comprehensive assessment in accordance with rule 5101:14-1-04 of the Administrative Code.

(12) A description of how the local participating agencies and any subcontractors will use their expertise to ensure the coordination of services including:

(a) The process for meeting the needs of and engaging local businesses to provide employment and learning opportunities for program participants; and

(b) The method for communication in order to streamline processes.

(13) A description of the supportive services as defined in paragraph (II) of rule 5101:14-1-01 that may be provided to program participants and:

(a) The agency's plan for utilizing CCMEP funds to provide reasonable and necessary supportive services to enable the program participant to participate in the program; and

(b) The agency's plan for ensuring that supportive services provided to program participants not already receiving OWF do not meet the definition of TANF assistance.

(14) A description of the follow-up services as defined in paragraph (E)(9) of rule 5101:14-1-02 of the Administrative Code that may be provided to program participants including the agency's plan for providing follow-up services after a program participant's exit from CCMEP.

(15) A description of the lead agency's role in the design of the CCMEP services procured through the local board. The lead agency's plan shall include but is not limited to:

(a) How the local participating agencies will collaborate in procuring services; and

(b) How the local participating agencies and local board will ensure that there is no conflict of interest in accordance with 20 C.F.R. 679.430 (2016), in the event the local board procures services of the county department of job and family services to provide one of the CCMEP services described in paragraph (E) of rule 5101:14-1-02 of the Administrative Code.

(16) An assurance that TANF or WIOA funds will not be used to pay a program participant directly for subsidized employment by a local participating agency as either a lead agency or as a service provider. An activity or service is considered to be subsidized employment when a private or public sector employer receives a subsidy from TANF and/or WIOA funds to offset some or all of the wages and costs of employing a program participant.

(17) The timeframes and documentation requirements the lead agency will use to determine good cause for OWF work-eligible individuals in accordance with rule 5101:14-1-05 of the Administrative Code.

(18) Policies adopted by the lead agency and local board relevant to the administration of CCMEP which shall at least include those defining or describing:

(a) Household composition based upon Title IV-A federal regulations and state law for the purpose of counting income used to determine TANF funding eligibility for WIOA youth individuals and for the semi-annual process as described in paragraph (A)(2) of rule 5101:14-1-05 of the Administrative Code;

(b) Work experience;

(c) Incentives;

(d) Supportive services; and

(e) Follow-up services.

(19) The signature of:

(a) The administrator, director or executive director of the lead agency; and

(b) The local board chairperson or the chairperson's designee.

(20) Other matters the lead agency determines are necessary.

Replaces: 5101:14-1-03

Effective: 10/1/2017
Five Year Review (FYR) Dates: 10/01/2022
Promulgated Under: 119.03
Statutory Authority: 5116.06
Rule Amplifies: 5116.01, 5116.02, 5116.03, 5116.06 , 5116.10, 5116.11, 5116.12, 5116.20, 5116.21, 5116.22, 5116.23, 5116.24, 5116.25
Prior Effective Dates: 03/24/2016, 05/01/2017

5101:14-1-04 Comprehensive case management and employment program: referral, comprehensive assessment, individual service strategy and individual opportunity plan.

(A) What is a referral?

(1) A referral is the act of directing an individual to the lead agency no later than seven calendar days from when the individual is required or volunteers to participate as described in paragraph (B) of rule 5101:14-1-02 of the Administrative Code in the comprehensive case management and employment program (CCMEP).

(2) A referral shall take place for Ohio works first (OWF) work-eligible individuals as described in paragraph (B)(2) of rule 5101:1-2-01 of the Administrative Code.

(B) How is funding eligibility determined?

The lead agency shall ensure that the JFS 03002 "WIOA Youth Program Eligibility Application" (rev. 10/2017) or its Ohio workforce case management system (OWCMS) generated equivalent is completed prior to the comprehensive assessment for each mandatory or voluntary individual. The lead agency shall use the JFS 03002 to determine if the individual is eligible to receive funding through Workforce Innovation and Opportunity Act (2014) (WIOA) and temporary assistance for needy families (TANF).

(1) An individual shall be determined eligible to receive services in CCMEP funded by WIOA when that individual is either an in-school youth or out-of-school youth as defined in rule 5101:14-1-01 of the Administrative Code.

(2) An individual shall be determined eligible to receive services in CCMEP funded by TANF when that individual:

(a) Has (or has applied for) a social security number;

(b) Is a United States citizen or non-citizen national or qualified alien as those terms are defined in rule 5101:1-2-30 of the Administrative Code;

(c) Does not owe any of the cost of fraudulent TANF assistance paid to the individual;

(d) Has been afforded the opportunity to register to vote;

(e) Has gross income in the previous thirty calendar day period of less than two hundred per cent of the federal poverty level; and

(f) Is one of the following:

(i) A minor child;

(ii) The parent, specified relative, legal guardian or legal custodian of a minor child;

(iii) A non-custodial parent who lives in the state, but does not reside with his/her minor child(ren);

(iv) A pregnant individual; or

(v) An individual age eighteen to twenty-four that is part of a family that includes a minor child.

(C) What is the comprehensive assessment?

The comprehensive assessment is the process:

(1) For determining the education, skill levels, and job readiness of program participants;

(2) To identify barriers to self-sufficiency;

(3) To identify individual strengths; and

(4) To identify the services necessary to overcome the identified barriers through CCMEP.

(D) What is included in the comprehensive assessment?

(1) The lead agency shall utilize OWCMS to complete the program participant's comprehensive assessment as described in paragraph (H)(2) of this rule and the lead agency may utilize:

(a) The JFS 03006 "Comprehensive Case Management and Employment Program (CCMEP) Comprehensive Assessment - Secondary School" (rev. 10/2017) for individuals attending secondary school; or

(b) The JFS 03003 "Comprehensive Case Management and Employment Program (CCMEP) Comprehensive Assessment" (rev. 10/2017).

(2) The comprehensive assessment includes, but is not limited to, a review of the following:

(a) Occupational skills;

(b) Prior work experience;

(c) Employability;

(d) Interests;

(e) Aptitudes;

(f) Supportive service needs; and

(g) Developmental needs.

(3) A basic skills assessment chosen by the lead agency, in collaboration with the local board that utilizes a valid and appropriate tool to measure skill level as well as skills-related gains. Reasonable accommodations will be provided in the assessment process, if necessary, for individuals with disabilities as described in paragraph (A)(8) of rule 5101:10-3-01 of the Administrative Code. Assessments that determine an individual's grade level equivalent or educational functioning level may be utilized but are not required.

(E) What is an individual service strategy (ISS)?

An ISS is a strategy to serve the individual's needs based on the results of the comprehensive assessment. An ISS includes:

(1) Identification of the program participant's career pathway that includes employment and educational goals;

(2) Identification of services necessary for the program participant to achieve goals and objectives;

(3) Assignment to activities based on the service(s) needed; and

(4) Development of an individual opportunity plan (IOP) in accordance with this rule.

(F) What is an IOP?

An IOP documents the ISS and is mutually developed, implemented, and revised to include:

(1) A set of employment, education, and personal development goals;

(2) Service objectives and a service plan of action needed to achieve the identified goals; and

(3) To document services provided and results.

(G) What information is included in the IOP?

The lead agency shall utilize OWCMS to complete the program participant's IOP and may utilize the JFS 03004 "Comprehensive Case Management and Employment Program (CCMEP) Individual Opportunity Plan" (rev. 10/2017) as described in paragraph (H)(2) of this rule. Information that must be in the IOP includes, but is not limited to:

(1) The dates or timeframes the IOP will be reviewed and/or revised;

(2) The strengths and barriers to employment identified through the comprehensive assessment;

(3) The program participant's plan to overcome barriers and achieve the goal of self- sufficiency, including but not limited to:

(a) Employment and education goals, including identification of a career pathway;

(b) Appropriate achievement objectives;

(c) Appropriate services necessary to overcome barriers, capitalize on strengths, and to achieve self-sufficiency;

(d) Support for the individual to obtain a high school diploma or a certificate of high school equivalence;

(e) Job placement;

(f) Job retention support;

(g) Other services that aid the individual in achieving the plan's goals; and

(h) Incentives.

(4) A requirement that the program participant register with the Ohio Means Jobs website (www.ohiomeansjobs.com) unless the program participant is legally prohibited from using a computer, has a physical or visual impairment that makes the program participant unable to use a computer, or has a limited ability to read, write, speak, or understand a language in which Ohio Means Jobs is available;

(5) The detailed information on the services (including supportive services) the program participant will receive and how the lead agency will provide those services;

(6) The activities in which the program participant will engage. If the program participant discloses, has, or appears to have a physical or mental condition that substantially limits one or more major life activities, the IOP shall include a description of each reasonable modification requested and made for the participant (if any) and the necessary referrals made to assist in obtaining additional services; and

(7) The number of months a program participant has participated in OWF that were subject to the time-limit described in rule 5101:1-23-01 of the Administrative Code.

(H) How are the comprehensive assessment and IOP administered?

(1) An OWF work-eligible individual eligible for CCMEP as described in paragraph (B)(1)(a) of rule 5101:14-1-02 of the Administrative Code shall complete the comprehensive assessment and IOP in place of the OWF appraisal and self sufficiency contract.

(2) The lead agency is responsible for ensuring that the comprehensive assessment and IOP are completed, signed, and inputted into OWCMS no later than thirty calendar days:

(a) From the date the individual was referred to CCMEP; or

(b) From the date of application for OWF work-eligible individuals as described in paragraph (E)(6) of rule 5101:14-1-05 of the Administrative Code.

(3) The IOP shall end upon the exit of a program participant in accordance with rule 5101:14-1-06 of the Administrative Code.

(4) The services an individual receives in accordance with an IOP are inalienable by way of assignment, charge, or otherwise and exempt from execution, attachment, garnishment, and other similar processes.

(I) What other requirements pertain to the revision of an IOP?

When a program participant moves to another county and it is in the best interest of the program participant to be transferred in the new county, the lead agency must notify the new lead agency of the move within ten calendar days as described in paragraph (D)(1)(m) of rule 5101:14-1-02 of the Administrative Code. OWF recipients shall be transferred to a new county within ten calendar days of the move. When a program participant will be served by a new lead agency, a revised IOP shall be developed within ten calendar days of the transfer notification.

Replaces: 5101:14-1-04

Effective: 10/1/2017
Five Year Review (FYR) Dates: 10/01/2022
Promulgated Under: 119.03
Statutory Authority: 5116.06
Rule Amplifies: 5116.01, 5116.02, 5116.03, 5116.06 , 5116.10, 5116.11, 5116.12, 5116.20, 5116.21, 5116.22, 5116.23, 5116.24, 5116.25
Prior Effective Dates: 03/24/2016, 05/01/2017

5101:14-1-05 Comprehensive case management and employment program: case management.

(A) What are comprehensive case management and employment program (CCMEP) requirements?

(1) Case management requirements shall include:

(a) Engagement with each program participant using evidence-based practices to provide employment and training services, supports, and referrals to become self-sufficient and employed. Case managers shall make persistent and reasonable attempts to engage with the program participant no less than once every thirty calendar days and shall review and revise the individual opportunity plan (IOP) as needed.

(b) Communication with the local participating agency within ten calendar days of the failure when a mandatory Ohio works first (OWF) work eligible program participant fails to comply with the terms of an IOP and any information regarding good cause that the program participant has provided.

(c) Communication with the local participating agency when a mandatory Ohio works first (OWF) work eligible program participant is exited from CCMEP in accordance with rule 5101:14-1-06 of the Administrative Code.

(2) The lead agency shall utilize the JFS 03002 "WIOA Youth Program Eligibility Application" (rev. 10/2017) to conduct the semi-annual review process to ensure that a program participant that is receiving temporary assistance for needy families (TANF) funded services and that is not receiving OWF meets the eligibility criteria described in paragraph (B)(2) of rule 5101:14-1-04 of the Administrative Code and to determine eligibility for Workforce Innovation and Opportunity Act (2014) (WIOA) funded services as described in paragraph (B) (1) of rule 5101:14-1-04 of the Administrative Code for a program participant who has been previously determined to be ineligible for WIOA funded services.

(3) The lead agency shall document and verify CCMEP activity hours in unpaid activities for program participants as follows:

(a) All actual hours of participation shall be verified on a monthly basis.

(b) Verification is considered to be met when the lead agency has received confirmation of the actual hours of participation.

(c) All assigned hours of participation shall be accounted for by the lead agency.

(d) Verified hours of participation shall be entered into the Ohio workforce case management system (OWCMS) in a timely manner.

(e) Acceptable types of verification for hours participated include but are not limited to the following:

(i) The OWCMS generated schedule;

(ii) JFS 06910 "Record of Attendance Report" (rev. 09/2006);

(iii) JFS 06909 "Record of School Attendance" (rev. 09/2006);

(iv) Data exchange report;

(v) Documented phone contact with work site; or

(vi) Other lead agency acceptable methods so long as the elements listed are included:

(a) The program participant's name;

(b) An accounting of all assigned hours of activities on site;

(c) The name and location of the activity site;

(d) The name of the program participant's activity supervisor; and

(e) The name and phone number of the person verifying the hours.

(4) The lead agency shall document and verify CCMEP activity hours in paid activities for program participants as follows:

(a) A lead agency shall verify the participation hours for unsubsidized employment, subsidized employment, and on-the-job training (OJT) at least once every six months.

(b) The lead agency shall determine and communicate with the county department of job and family services monthly activity hours by multiplying the average weekly number of hours by 4.3.

(B) What are the CCMEP activities available to program participants?

Activities shall be assigned based on a program participant's needs as identified in their comprehensive assessment in order to ensure that program participants receive the appropriate service(s) and activities. Each activity shall be connected to a service, and be reasonable and necessary. The available activities for program participants include, but are not limited to:

(1) Unsubsidized employment;

(2) Subsidized employment;

(3) Work experience;

(4) On-the-job training;

(5) Job search;

(6) Community service;

(7) Vocational education training;

(8) Job skills training directly related to employment;

(9) 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 equivalence;

(10) 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;

(11) Internships;

(12) Summer employment;

(13) Job shadowing;

(14) Pre-apprenticeship opportunities which include programs or a set of strategies designed to prepare individuals to enter and succeed in registered apprenticeship programs and have a documented partnership with at least one, if not more, registered apprenticeship programs;

(15) Career counseling which includes a facilitated exploration of occupational and industry information that will lead to a first, new, or better job for the program participant;

(16) Adult mentoring;

(17) Entrepreneurial skills training;

(18) Tutoring, study skills training;

(19) Job readiness training;

(20) Parenting classes;

(21) Life skills classes;

(22) Participation in an alcohol or drug addiction program certified by the department of mental health and addiction services under section 5119.36 of the Revised Code;

(23) Finding a home in the case of a homeless assistance group;

(24) Residing in, or attempting to get admission into, a domestic violence shelter, receiving counseling services, or treatment related to the domestic violence or participating in criminal justice or civil legal activities against the domestic violence offender;

(25) Attending English as a second language course;

(26) Mental health treatment;

(27) Rehabilitation activities;

(28) Financial literacy education;

(29) Other workforce activities;

(30) Activities within OhioMeansJobs.com;

(31) The learning, earning and parenting (LEAP) program for individuals required to participate in accordance with rule 5101:1-23-50 of the Administrative Code; and

(32) For veterans with a significant barrier to employment, a referral to the disabled veterans outreach program (DVOP) specialist as part of the jobs for veterans state grant.

(C) What does participation in CCMEP include?

(1) Participation in CCMEP activities for a standard of twenty hours per week.

(a) Based on the individual service strategy developed with the program participant, the lead agency may consider time spent in activities, case management, homework, travel time, etc. as part of the program participant's hours of commitment.

(b) In accordance with rule 5101:1-3-12 of the Administrative Code, an OWF recipient may not be assigned to community service or a work experience program in excess of the maximum monthly hours of participation allowable under the Fair Labor Standards Act (1938).

(c) There may be circumstances based on the program participant's needs under which the lead agency may assign activity hours less than the standard of twenty hours per week. The lead agency shall document the reason for not assigning the program participant to all or some of the CCMEP standard activity hours. The comprehensive assessment shall be used to determine if it is appropriate to assign a reduced number of hours. A reduction of hours may be necessary when:

(i) A program participant is assigned to fewer hours due to a reasonable modification made in accordance with paragraph (G)(6) of rule 5101:14-1-04 of the Administrative Code;

(ii) A program participant is in a domestic violence situation and participation in CCMEP activities would make it more difficult for the individual to escape domestic violence; or

(iii) A program participant has a temporary or permanent barrier to participation in CCMEP activities.

(2) Active engagement in developing the individual service strategy, utilizing CCMEP services and maintaining communication with the lead agency.

(D) For how long shall the lead agency provide CCMEP services to a program participant?

The lead agency shall provide CCMEP services to a program participant for the amount of time necessary to ensure successful preparation to enter unsubsidized employment and/or post-secondary education and training. There is no time limit on participation in CCMEP or required sequence of services. Prior to ending an activity assigned in accordance with paragraph (B) of this rule due to a durational limitation of the connected service that is based on a funding source, local, state or federal policy, the lead agency shall:

(1) Explore if the program participant may continue in the assigned activity through an alternative CCMEP service; or

(2) If the existing CCMEP service may be continued in spite of the limitation and without interruption by utilizing an alternative funding source.

(E) How is CCMEP different for mandatory OWF participants?

(1) A mandatory OWF participant shall be assigned to participate in CCMEP activities for the number of hours required in paragraph (C) of this rule or paragraph (C) of rule 5101:1-3-12 of the Administrative Code, whichever is higher.

(2) A mandatory OWF participant shall be assigned to activities in accordance with paragraph (B) of this rule and not in accordance with rule 5101:1-3-12 of the Administrative Code and its supplemental rules.

(3) A mandatory OWF participant that is subject to the learning, earning, and parenting program (LEAP) requirements described in rule 5101:1-23-50 of the Administrative Code shall be assigned to participate in LEAP as a CCMEP activity.

(4) When a mandatory OWF participant fails or refuses without good cause to comply with the terms of an IOP, the lead agency shall notify the county department of job and family services of each failure or refusal and shall provide the county department of job and family services with information necessary to impose an OWF sanction in accordance with rule 5101:1-3-15 of the Administrative Code.

(5) The lead agency shall be the sole determiner of good cause as described in rule 5101:1-3-13 of the Administrative Code and any OWF sanction compliance activities. Good cause is only for OWF sanction purposes and is not necessarily related to the continuation of CCMEP services.

(6) A mandatory OWF participant shall have the comprehensive assessment and IOP completed and inputted into the Ohio workforce case management system no later than thirty calendar days from the date of application for OWF.

Replaces: 5101:14-1-05

Effective: 10/1/2017
Five Year Review (FYR) Dates: 10/01/2022
Promulgated Under: 119.03
Statutory Authority: 5116.06
Rule Amplifies: 5116.01, 5116.02, 5116.03, 5116.06 , 5116.10, 5116.11, 5116.12, 5116.20, 5116.21, 5116.22, 5116.23, 5116.24, 5116.25
Prior Effective Dates: 03/24/2016

5101:14-1-06 Comprehensive case management and employment program: program exit and follow-up services.

(A) When may a lead agency propose to end comprehensive case management and employment program (CCMEP) services for a program participant?

The lead agency may propose to end CCMEP services for a program participant who is not an Ohio works first (OWF) mandatory participant between the ages of fourteen and twenty-four in receipt of OWF when:

(1) The program participant has successfully entered post-secondary education, military enlistment or deployment, and/or unsubsidized employment and no longer needs CCMEP services;

(2) The program participant has been awarded social security disability insurance (SSDI) or supplemental security income (SSI) by the social security administration and has made application for services with opportunities for Ohioans with disabilities; or

(3) The program participant has not engaged in CCMEP services and activities on at least five occasions without explanation and the lead agency has made reasonable efforts to provide services and to re-engage the program participant.

(4) The program participant is not eligible for temporary assistance for needy families (TANF) or Workforce Innovation and Opportunity Act (WIOA) (2014) funding; or the lead agency lacks funding the program participant is eligible for in accordance with paragraph (E) of this rule.

(B) What is the process for exiting someone from CCMEP?

The lead agency shall begin the ninety day exit process for program participants who meet the exit reason in paragraph (A)(4) of this rule immediately. For all other program participants, the lead agency shall:

(1) Ensure that the program participant does not require any additional services or that the lead agency has made reasonable efforts to provide the program participant with CCMEP services and the program participant has failed to utilize them on at least five occasions without explanation.

(2) Begin the ninety day exit process after issuing notice of adverse action to the program participant at least thirty days prior to ending all services in accordance with rule 5101:6-2-04 of the Administrative Code, and notwithstanding the fifteen day notice period referenced in paragraph (A) of rule 5101:6-2-04 of the Administrative Code.

(3) Continue to attempt to engage the program participant in accordance with paragraph (A)(1)(a) of rule 5101:14-1-05 of the Administrative Code during the ninety day period. Each attempt to engage shall be documented in the Ohio workforce case management system. When a program participant reengages in CCMEP within ninety days of the adverse action notice, the lead agency shall reevaluate the service strategy appropriate for the program participant and determine what additional services (if any) are needed.

(a) When additional services are needed, the program participant shall remain in CCMEP;

(b) When services are not provided for ninety consecutive days and future services have not been scheduled, the program participant shall be exited from CCMEP. The lead agency shall provide follow-up services in accordance with paragraph (D) of this rule. Follow-up service is not considered a future service.

(4) Comply with the complaint and appeal process described in rule 5101:6-10-01 of the Administrative Code.

(C) Must a program participant be exited from CCMEP upon reaching his or her twenty- fifth birthday?

(1) A twenty-four year old program participant who reaches his or her twenty-fifth birthday while in CCMEP may remain in CCMEP until he or she meets the criteria for exit described in paragraph (A) of this rule.

(2) Once a program participant exits CCMEP in accordance with paragraph (A) of this rule, the individual may not return to CCMEP if he or she is age twenty-five or older.

(D) What are the follow-up services?

Follow-up services are critical services provided following a program participant's exit from CCMEP to help ensure job retention or successful participation in post-secondary education and training. At the time of enrollment, program participants shall be informed that follow-up services will be provided for a minimum duration of twelve months following exit.

(1) All program participants must receive some form of follow-up services described in paragraph (E)(9) of rule 5101:14-1-02 of the Administrative Code, for a minimum duration of twelve months unless the participant declines to receive follow-up services or the participant cannot be located or contacted. All program participants shall be offered an opportunity to receive follow-up services that align with their individual opportunity plan (IOP). The lead agency shall document when a program participant cannot be located or contacted for follow-up services and when the program participant requests to opt out or discontinue follow-up services in the Ohio workforce case management system. Follow-up services may be provided beyond twelve months at the discretion of the lead agency.

(2) Follow-up services may begin no earlier than the day the notice is issued in accordance with paragraph (B) of this rule.

(3) The types of services provided and the duration of services must be determined based on the needs of the individual and therefore, the type and intensity of follow-up services may differ for each program participant based on needs and their IOP. However, follow-up services must include more than only a contact attempted or made for securing documentation in order to report a performance measure.

(E) What if a program participant is not eligible for TANF or WIOA funding; or the lead agency lacks funding the program participant is eligible for?

(1) When in accordance with paragraph (B) of rule 5101:14-1-04 of the Administrative Code, a program participant is not eligible for TANF or WIOA funding; or a program participant is eligible for TANF or WIOA funding, and both TANF and WIOA funding is lacking or unavailable to serve the program participant, the lead agency shall:

(a) Immediately end all CCMEP services; and

(b) Issue a notice of adverse action to the program participant in accordance with rule 5101:6-2-04 of the Administrative Code.

(2) A program participant who is exited in accordance with this paragraph shall not:

(a) Participate in CCMEP without meeting the criteria described in paragraph (B) of rule 5101:14-1-02 of the Administrative Code; or

(b) Receive follow-up services in accordance with this rule.

Replaces: 5101:14-1-06

Effective: 10/1/2017
Five Year Review (FYR) Dates: 10/01/2022
Promulgated Under: 119.03
Statutory Authority: 5116.06
Rule Amplifies: 5116.01, 5116.25, 5116.24, 5116.23, 5116.22, 5116.21, 5116.20, 5116.12, 5116.11, 5116.10, 5116.06 , 5116.03, 5116.02
Prior Effective Dates: 03/24/2016

5101:14-1-07 Comprehensive case management and employment program: primary performance measures.

(A) What are the comprehensive case management and employment (CCMEP) primary performance measures?

There are seven primary performance measures for each lead agency:

(1) The percentage of program participants that are in unsubsidized employment, education, or training activities at exit.

(2) The percentage of program participants that are in unsubsidized employment, education, or training activities during the second quarter after exit.

(3) The percentage of program participants that are in unsubsidized employment, education, or training activities during the fourth quarter after exit.

(4) The percentage of program participants that were in an education or training program while enrolled in CCMEP who obtain a recognized post-secondary credential, or a secondary school diploma or its recognized equivalent during participation in or within one year after exit from CCMEP. A program participant who has attained a secondary school diploma or its recognized equivalent can only be included in this measure if the program participant is also employed or is enrolled in an education or training program leading to a recognized postsecondary credential within one year after exit from the program.

(5) The median earnings of program participants who are in unsubsidized employment during the second quarter after exit.

(6) The effectiveness in serving employers.

(7) The percentage of program participants who are in an education or training program that leads to a recognized postsecondary credential, a secondary school diploma or its recognized equivalent, or employment and who are achieving measurable skill gains toward such a credential or employment. Measurable skill gains are documented academic, technical, occupational, or other forms of progress. If measuring educational functioning level (EFL) gains after program enrollment, an approved department of education national reporting system assessment must be used for both the EFL pre-test and post-test to determine an individual's educational functioning level.

(B) What are the performance standards the lead agency must meet in the administration of CCMEP?

(1) Lead agency performance standards for each county are established in accordance with a biennial negotiation process established by the Ohio department of job and family services (ODJFS).

(2) The negotiation of biennial lead agency performance standards by county shall be concluded prior to July first and shall include:

(a) ODJFS;

(b) The lead agency in partnership with the local board, and

(c) The board of county commissioners.

(C) What are the consequences to the lead agency for failing to meet the performance standards set forth in paragraph (B) of this rule?

The consequences for failing to meet a performance standard, as set forth in paragraph (B) of this rule, are established in sections 5101.24 and 5101.241 of the Revised Code and are as follows:

(1) ODJFS may require the responsible lead agency to comply with a corrective action plan pursuant to a time schedule specified by ODJFS. The corrective action plan shall be established or approved by ODJFS and require a lead agency to commit to the plan existing resources identified by ODJFS.

(2) When the lead agency does not comply with a corrective action plan, ODJFS may perform, or contract with a government or private entity for the entity to perform, the family services duty and the workforce development activity until ODJFS is confident that the responsible lead agency can perform the duty satisfactorily. If ODJFS performs or contracts with an entity to perform a family services duty under division (C)(5) of section 5101.24 of the Revised Code and workforce development activity under division (C)(4) of section 5101.241 of the Revised Code, ODJFS may do either or both of the following:

(a) Spend funds in the county treasury appropriated by the board of county commissioners for the duty;

(b) Withhold funds allocated or reimbursements due to the responsible lead agency for the duty and spend the funds for the duty.

(D) May a program participant be excluded from the CCMEP primary performance measures?

A program participant who meets one of the following exclusion reasons may be excluded from the primary performance measures described in paragraph (A) of this rule:

(1) Incarceration or institutionalization. The program participant is residing in an institution or facility providing twenty-four hour support (e.g., jail, prison, hospital or treatment center) for at least a ninety calendar day period that includes the date of exit.

(2) Death. The program participant was not living on the date of exit.

(3) The program participant was exited from CCMEP in accordance with paragraph (A)(2) of rule 5101:14-1-06 of the Administrative Code.

(4) The program participant is in the foster care system as defined in 45 C.F.R. 1355.20(a) (01/2012), and exits the program because the program participant has moved from the local workforce area as part of such a program or system.

(5) The program participant exits because he or she is a member of the national guard or other reserve military unit of the armed forces and is called to active duty for at least ninety calendar days.

Replaces: 5101:14-1-07

Effective: 10/1/2017
Five Year Review (FYR) Dates: 10/01/2022
Promulgated Under: 119.03
Statutory Authority: 5116.06
Rule Amplifies: 5116.01, 5116.02, 5116.03, 5116.06 , 5116.10, 5116.11, 5116.12, 5116.20, 5116.21, 5116.22, 5116.23, 5116.24, 5116.25
Prior Effective Dates: 03/24/2016