Chapter 5101:2-16 Publicly Funded Child Care

(A) “Absent day” means any day that a child is authorized to be in the care of the provider, but is not in attendance, and child care would have been provided had the child been present with the provider.

(B) “Activity fee” means a fee charged by the child care provider in addition to normal weekly rates for the purpose of providing special or non routine activities for the children enrolled. Activity fees are considered a business cost of the provider associated with the child care operation.

(C) “Adult” means an individual who is not a minor child.

(D) “Border state child care provider” means a child care provider who is licensed, certified, or otherwise approved by the border state to provide child care services. A border state child care provider may provide publicly funded child care only to a recipient who resides in an Ohio county that borders the state in which the provider is located.

(E) “Caretaker” means the father or mother of a child, an adult who has legal custody of a child, an adult who is the guardian of a child, or an adult who stands in loco parentis, as defined in this rule, with respect to a child and whose presence in the home is needed as the caretaker of the child. Caretaker has the same meaning as “caretaker parent” as defined in section 5104.01 of the Revised Code.

(F) “Certificate of Authorization for Payment of Publicly Funded Child Care Services (COAP)” or “certificate” means the JFS 01140 “Certificate of Authorization for Payment of Publicly Funded Child Care Services (rev. 1/2007) that is issued by a county department of job and family services (CDJFS) directly to a caretaker who is eligible for child care benefits. The caretaker shall use the certificate only as authorization to a certified or licensed provider for child care services.

(G) “Child” means an infant, toddler, preschool child, school child or a child eligible for publicly funded child care.

(H) “Child care” means administering to the needs of infants, toddlers, preschool children, and school children outside of school hours by persons other than their caretaker for any part of the twenty-four hour day.

(I) “Deposit” means a fee charged by the child care provider prior to the delivery of child care services and which is necessary to reserve a child’s place with the provider. This fee may be an amount equivalent to a partial payment of the provider’s charge for one month of child care services or one month’s reimbursement at the publicly funded rate, whichever is lower. Deposits shall be applied toward the provider’s total reimbursement for child care services for a family.

(J) “Eligible provider” means a child care service provider who is eligible to receive public funds in accordance with sections 5104.30 to 5104.39 of the Revised Code and which includes all of the following:

(1) A licensed child care center.

(2) A licensed type A child care home.

(3) A certified type B child care home.

(4) A certified in-home aide.

(5) A licensed school child care center.

(6) A licensed preschool program.

(7) A school child program.

(8) A child day camp approved by the Ohio department of job and family services (ODJFS).

(9) A child day camp accredited by the American camping association.

(K) “Family” means one or more caretakers, and all of their minor children who reside in the same household. Adults other than the caretakers who reside in the same household shall not be included in the family.

(L) “Federal poverty level” means the official poverty guideline as revised annually in accordance with section 673 (2) of the “Omnibus Budget Reconciliation Act of 1981,” 95 Stat. 511, 42 U.S.C. 9902, as amended, for a family size equal to the size of the family of the person whose income is being determined.

(M) “Full-time week” means twenty-five hours to sixty hours of care in a week for licensed child care centers and licensed type A homes, and twenty-five hours to fifty hours of care in a week for certified type B providers.

(N) “Head Start/child care partnership program” means a program that integrates child care and federally-funded head start services at a single location to provide full day, full year services. These services shall meet the child care needs of head start enrolled families who also receive publicly funded child care. Services shall include but are not limited to, components which meet the head start performance standards and are integrated into programming throughout the day. The partnership program may be located in a child care center, a family child care home, or a head start center.

(O) “Head Start program” means a comprehensive child development program that receives federal funds distributed under the “Head Start Act” 95 Stat. 499 (1981), as amended, or under section 3301.31 of the Revised Code.

(P) “Income” means gross income, as defined in rule 5101:2-16-34 of the Administrative Code.

(Q) “Infant” means a child under eighteen months of age.

(R) “In loco parentis” means any adult who is the caretaker of a child, including a relative, foster parent or stepparent, who is charged with the rights, duties and responsibilities of a parent and whose presence in the home is needed to perform these rights, duties and responsibilities.

(S) “Reimbursement rate ” means the maximum reimbursement amount that the CDJFS may pay a provider for the purchase of child care services.

(T) “Minor child” means an individual who is under age eighteen.

(U) “Part-time week” means seven to twenty-four and nine-tenths hours of care in a week.

(V) “Preschool child” means a child who is three years old or older but is not a school child.

(W) “Publicly funded child care” is the care of infants, toddlers, preschool children, and school children under age thirteen by an eligible provider. Publicly funded child care is paid, wholly or in part, with federal or state funds, including funds available under the child care block grant act Title IV-A, and Title XX, distributed by ODJFS.

(X) “Registration fee” means a fee charged by the child care provider at the time of registration that is an amount in addition to the normal weekly rate. This must be a fee that is a customary charge to the public. The CDJFS shall pay this fee no more once in a twelve-month period per child, per provider.

(Y) “School child” means a child who is enrolled in or is eligible to be enrolled in a grade of kindergarten or above, but who is less than fifteen years old.

(Z) “Special needs” means providing child care services to a child who is under eighteen years old who does not function according to age appropriate expectations in one or more of the following areas of development: social/emotional, cognitive, communication, perceptual-motor, physical, or behavioral development, or the child has chronic health issues. The child’s delays/conditions(s) affect development to the extent that the child requires special adaptations, modified facilities, program adjustments or related services on a regular basis in order to function in an adaptive manner.

(AA) “State median income” means the state median income calculated by the Ohio department of development pursuant to section 5709.61 of the Revised Code.

(BB) “Toddler” means a child who is at least eighteen months of age but is less than three years of age.

(CC) A “week” is the seven-day period from twelve a.m. Sunday to eleven fifty-nine p.m. Saturday.

Effective: 02/01/2007

R.C. 119.032 review dates: 10/06/2006 and 02/01/2012

Promulgated Under: 119.03

Statutory Authority: 5104.30, 5104.34, 5104.38

Rule Amplifies: 5104.01, 5104.30, 5104.34, 5104.38

Prior Effective Dates: 2/11/82, 9/1/86, 5/1/89 (Emer.), 9/28/89, 4/1/90 (Emer.), 6/22/90, 7/1/90 (Emer.), 9/30/90, 5/1/91 (Emer.), 7/29/91, 11/1/91 (Emer.), 1/20/92, 3/2/92 (Emer.), 7/30/92, 1/1/94, 10/1/97 (Emer.), 12/30/97, 2/22/02, 6/9/03, 7/1/05 (Emer.), 10/1/05

The county department of job and family services (CDJFS), in accordance with Chapter 5104. of the Revised Code, shall:

(A) Accept any gift, grant, or other funds from public or private sources offered unconditionally or under conditions which are, in the judgment of the Ohio department of job and family services (ODJFS), proper and consistent with Chapter 5104. of the Revised Code and deposit such funds in the county public assistance fund established by section 5101.161 of the Revised Code.

(B) Develop and maintain an ongoing child care provider recruitment and retention program. Recruit individuals and groups interested in certification as in-home aides or in developing and operating suitable licensed child care centers, licensed type A family child care homes, or certified type B family child care homes, especially in areas with high concentrations of Ohio works first (OWF) participants. The CDJFS shall provide consultation to interested individuals and groups. The CDJFS shall develop and implement procedures for the recruitment of an adequate number of licensed child care centers, licensed type A homes, certified type B homes and certified in-home aides to meet the need for publicly funded child care services in the county.

(C) Inform families of the availability of publicly funded child care and early learning initiative (ELI) agency services.

(D) Submit a plan to ODJFS for approval that assures the application process is as accessible to the public as possible and complies with section 5104.33 of the Revised Code. Whenever the CDJFS revises the plan a copy shall be submitted to ODJFS. The plan shall include procedures for making the application forms available at locations selected by the CDJFS including at ELI agencies, if appropriate, and making arrangements that enable caretakers to complete the application process at times outside their normal working hours and at locations convenient to the applicant. Arrangements may include but are not limited to the following:

(1) Stationing CDJFS employees at various sites in the county for the purpose of assisting applicants in completing the application process and of making eligibility determinations at those locations.

(2) Assigning CDJFS employees to hours of employment outside the normal working hours of the CDJFS to collect information relevant to applications for publicly funded child care and to make eligibility determinations.

(3) Providing training and technical assistance to individuals or agencies including ELI agencies, if appropriate, so they may assist families in completing the application process and, where applicable, in making eligibility determinations.

(4) Extending the CDJFS hours of operation to accommodate the needs of employed caretakers and to enable them to apply for child care services.

(E) Allow eligible caretakers a choice from all available child care providers who are certified or licensed. The CDJFS shall make available a current list of all professional certified and licensed providers in the county. The CDJFS shall provide selected portions of the list or the complete list as requested by the caretaker to facilitate parental choice. Such lists shall include, but are not limited to:

(1) Reasonable access to the child’s home or school. Publicly funded child care may only be provided in a child’s own home by an in-home aide.

(2) Reasonable access to the caretaker’s place of employment, education or training.

(3) Reasonable access to special child care needs as specified by the family.

(F) Provide form JFS 01140 “Certificate of Authorization for Payment of Publicly Funded Child Care Services” (COAP) (rev. 1/2007) when requested by the caretaker. This form shall be used by the caretaker to access the services of a certified or licensed child care provider who does not have a contract with the CDJFS.

(G) Provide monthly reports to ODJFS and the director of budget and management regarding expenditures for the purchase of publicly funded child care.

(H) Monitor compliance with the terms of the contracts that the CDJFS has with licensed child care centers, licensed type A child care homes, certified type B child care homes, certified in-home aides, preschool programs, school child programs, and approved child day camps. The CDJFS shall report any known or suspected violations of Chapter 5104. of the Revised Code or the rules promulgated pursuant to that chapter regarding licensed child care centers, approved child day camps, school child programs or type A homes to ODJFS.

(I) Provide each provider of child care services, who provides publicly funded child care and is self-employed, the information necessary for appropriate filing of income tax and filing appropriate information with the internal revenue service.

(J) Pay each in-home aide in accordance with the Fair Labor Standards Act, 29 U.S.C. 201 (1994).

(K) Retain records in accordance with Chapter 149. of the Revised Code. Records shall be maintained a minimum of three years or until an audit is completed, if one has been initiated within a three-year period, to document compliance with child care requirements. The records shall include, but not be limited to, those required by Chapters 5101:2-12, 5101:2-13, 5101:2-14, 5101:2-16 and 5101:2-18 of the Administrative Code.

(L) Complete and retain in case record the JFS 01139 “Child Care Application Status and Summary” (rev. 1/2008).

(M) Report all child care information required by ODJFS, including information required in the “Child Care Information Data System” (CCIDS)/3299 data system. The CDJFS shall submit this information no later than five days following the date that eligibility is determined unless otherwise approved by ODJFS.

(1) The CDJFS shall submit the required information by one of the following methods:

(a) Online data entry of child care data through CCIDS/3299 data system.

(b) Electronic file uploads shall be transmitted via the file transfer protocol (FTP) process.

(c) Other reporting mechanisms as determined by ODJFS.

(2) The required information from the CDJFS is subject to the following conditions:

(a) Child care data reported in the CCIDS/3299 data system must contain information for all child care invoices validated for payment by the CDJFS during that month. The CDJFS shall submit this information no later than sixty days from the date the services were provided unless otherwise approved by ODJFS.

(b) If the information submitted to the CCIDS/3299 data system is not received by the required submission date, the ODJFS shall contact the CDJFS to determine the cause for noncompliance.

(3) The CDJFS shall transmit all data regarding child care eligibility on a daily basis as required in the CCIDS/3299 data system. The CDJFS shall submit this information no later than five days following the date eligibility is determined unless otherwise approved by ODJFS.

(4) For reporting and reimbursement purposes, CDJFS shall assign each family a funding code according to the family’s programmatic eligibility for publicly funded child care benefits.

(5) Each CDJFS shall maintain in the CCIDS/3299 data system, an updated list of certified type B family child care homes and in-home aides which includes name, address, phone number, and accreditation status of each currently certified provider.

Effective: 02/01/2008

R.C. 119.032 review dates: 09/01/2011

Promulgated Under: 119.03

Statutory Authority: 5104.30, 5104.35, 5104.38, 5104.39

Rule Amplifies: 5104.30, 5104.32, 5104.33, 5104.34, 5104.35, 5104.37, 5104.38, 5104.39

Prior Effective Dates: 4/1/82, 9/1/86, 5/1/89, 11/1/91 (Emer.), 1/20/92, 1/2/96 (Emer.), 3/1/96, 10/15/96, 10/1/97 (Emer. ), 12/30/97, 1/1/02, 7/1/05 (Emer.), 9/26/05, 1/1/07

Rescinded eff 9-30-07

(A) County departments of job and family services (CDJFS) are responsible for the determination of eligibility for publicly funded child care benefits. Child care shall be authorized for periods that are reasonably related to the caretaker’s periods of employment, education or training.

(B) A caretaker, as defined in rule 5101:2-16-01 of the Administrative Code, shall apply for child care benefits for the family. A family shall be one of the following:

(1) At least one caretaker and all minor children who reside with the caretaker in the same household.

(2) A caretaker, the caretaker’s minor child and the child of the minor child when all reside in the same household.

(3) A caretaker who has shared custody of minor children when the children reside with the caretaker in the caretaker’s household.

(4) A caretaker who is a foster parent or stepparent and all of the minor children who reside with the caretaker in the same household.

(5) Unmarried parents, one of whom is the caretaker, with a common child and all of the minor children who reside with the caretaker in the same household.

(C) Caretakers who receive Ohio works first (OWF) cash assistance may be eligible for child care benefits. Child care must shall be necessary for the caretaker to comply with the requirements of a self-sufficiency contract.

(D) A minor parent who participates in the learning, earning and parenting (LEAP) program may apply for child care benefits. The family shall be defined as the minor parent and the children of the minor parent. Child care may be approved for activities required to meet compliance with the LEAP program.

(E) Caretakers who reside in the same household and who both receive OWF cash assistance shall participate a minimum of fifty-five hours per week in OWF activities to be eligible for child care benefits, unless the CDJFS can document that one of the caretakers is caring for a disabled child.

(F) A caretaker shall be eligible for transitional child care benefits for the twelve month period immediately following the end of participation in OWF if all of the following apply:

(1) The caretaker needs child care due to employment.

(2) The caretaker’s income does not exceed one hundred fifty per cent of the federal poverty level (FPL).

(3) The caretaker meets all requirements of the application and redetermination process.

(G) A caretaker who is ineligible to participate in OWF is not eligible for transitional child care benefits.

(H) A caretaker who is engaged in employment, training or education activities may be eligible for child care benefits if the family’s gross monthly income does not exceed the maximum monthly gross income per household size, as required in this rule, and child care is necessary for at least one of the following reasons:

(1) To permit the caretaker to participate in paid employment on a full-time or a part-time basis.

(2) To permit the caretaker to participate in a training or education activity which prepares the caretaker for paid employment.

(3) To permit the caretaker to participate in an OWF activity in order to meet OWF requirements if the caretaker is sanctioned under OWF.

(4) To allow child care after the expiration of twelve months of transitional child care benefits.

(I) A caretaker, who is currently eligible for child care, shall be approved for up to thirty calendar days of child care if the CDJFS has documentation that an employment or employment orientation activity, a training activity or an approved education activity is scheduled to begin within the thirty-day period.

(J) A caretaker shall have a need for child care for a child who is under age thirteen or under age eighteen with special needs.

(K) Child care shall be reasonably related to hours of employment, training or education and may exceed twenty-four consecutive hours when the caretaker’s hours of employment, training or education indicate such a need. Travel time, not to exceed four hours round trip, shall be allowed. Sleep time shall be allowed, not to exceed eight hours on a case-by-case basis, for a caretaker who is employed during the night.

(L) A caretaker who is engaged in basic education activities that take place at an education or training site may be eligible for child care. Basic education activities are defined as follows:

(1) High school or equivalent education.

(2) Remedial high school education.

(3) Adult basic and literacy education (ABLE).

(4) Education for individuals with limited English proficiency.

(M) A caretaker who is engaged in post-secondary education activities may be eligible for child care.

(1) Post-secondary education activities are defined as: college classes, technical classes or vocational classes that are part of a course of study leading to a degree, a certificate or a license.

(2) The classes shall be approved by an accredited institution of higher education, an institution that has a certificate issued or has authorization from the Ohio board of regents, or an institution that has a registration from the state board of school and college registration.

(3) When education activities are accessed via electronic media, the number of hours approved for child care shall not exceed the number of credit hours per week for the course, as defined by the educational institution.

(N) A caretaker who is engaged in post-secondary education shall not be eligible for child care when the caretaker has completed the requirements for a baccalaureate degree, unless the education is necessary to meet specific requirements associated with maintaining the caretaker’s employment, certification or licensure.

(O) A caretaker who has completed one hundred forty-four undergraduate semester hours or two hundred sixteen undergraduate quarter hours, or the combined equivalent hours, shall not be eligible for child care benefits for post-secondary education.

(P) A caretaker who is engaged in vocational job skills training activities or occupational job skills training activities may be eligible for child care.

(1) Job skills training activities shall be limited to education that is directly related to the individual’s employment goal and shall be approved by an accredited institution of higher education, an institution that has a certificate issued or has authorization from the Ohio board of regents, or an institution that has a registration from the state board of school and college registration.

(2) Job skills training activities may include, but are not limited to:

(a) Classroom job skills training.

(b) Supervised on-the-job skills training.

(c) Refresher job skills training.

(Q) A caretaker shall have a record of satisfactory participation, as defined by the school or institution, in an education or training activity in order to be eligible for child care.

(R) A caretaker may be eligible for protective child care, without regard to income, for the care and protection of a child. One of the following requirements shall be met for protective child care:

(1) A case plan, as required in section 2151.412 of the Revised Code, is prepared and maintained for the child and caretaker. The case plan shall indicate a need for protective child care to permit the caretaker to complete requirements of the case plan. Protective child care may not be authorized only for a child who resides in the home of the caretaker for whom the case plan is written.

(2) A caretaker and child either temporarily reside in a facility providing emergency shelter for homeless families, or are determined by the CDJFS to be homeless and are otherwise ineligible for publicly funded child care. The protective child care is limited to ninety calendar days, or the period of time that the caretaker and child reside in an emergency shelter, or the period of time when the caretaker and child are homeless, whichever is less.

(S) A caretaker whose child is enrolled in a federally funded head start program may also receive child care benefits. If the CDJFS proposes termination of child care due to an unmet eligibility requirement, the child may remain eligible for child care benefits until the end of the current head start program year. To remain eligible for continuation of child care benefits, the caretaker shall meet the following eligibility requirements:

(1) The child care is received in a head start/child care partnership program as defined in rule 5101:2-16-01 of the Administrative Code.

(2) The caretaker shall have monthly income at or below the maximum monthly gross income per family size as shown in the appendix to rule 5101:2-16-30 of the Administrative Code.

(3) The caretaker shall pay the assigned monthly child care family copayment.

(4) The caretaker shall complete the required six-month copayment review and twelve month redetermination.

(5) The monthly child care family copayment shall not exceed the monthly cost of care.

(6) The caretaker shall not be under an OWF sanction, unless the caretaker is under sanction but is participating in an approved OWF activity to meet compliance with OWF.

(7) The caretaker has not been found guilty of child care fraud.

Appendix

MAXIMUM MONTHLY GROSS INCOME PER FAMILY SIZE

FAMILY SIZE Eligibility for Transitional Child Care* Eligibility for Employment, Training or Education Child Care**

2 $1,750 $2,334

3 $2,200 $2,934

4 $2,650 $3,534

5 $3,100 $4,134

6 $3,550 $4,734

7 $4,000 $5,334

8 $4,450 $5,934

9 $4,900 $6,534

10 $5,350 $7,134

11 $5,800 $7,734

12 $6,250 $8,334

• These standards are equal to 150% of the 2008 Federal Poverty Guidelines as published in the Federal Register on January 23, 2008.

• These standards are equal to 200% of the 2008 Federal Poverty Guidelines as published in the Federal Register on January 23, 2008.

Effective: 07/01/2008

R.C. 119.032 review dates: 02/01/2012

Promulgated Under: 119.03

Statutory Authority: 5104.34, 5104.38

Rule Amplifies: 5104.01, 5104.30, 5104.34, 5104.38, 5104.382, 5104.41

Prior Effective Dates: 11/1/91 (Emer.), 1/20/92, 7/6/92 (Emer.), 10/1/92, 7/2/93 (Emer.), 8/20/93, 1/1/94, 10/2/95 (Emer.) 12/26/95, 7/1/97 (Emer.), 10/1/97 (Emer.), 12/30/97, 1/1/99, 5/12/02, 6/9/03, 7/1/05 (Emer.), 10/1/05, 7/1/06, 2/1/07, 7/1/07

(A) Gross income shall be used for the purpose of determining child care income eligibility and family copayment, including gross earned income and gross unearned income.

(B) “Gross earned income” means the total amount of gross earnings received in a month by all of the employed individuals in the family including, wages legally obligated to all members of the family but which are diverted to a third party.

(C) Gross earnings include payments received before taxes and other deductions by an individual for services performed as an employee, or by an individual who is self-employed.

(1) Gross earnings received by an employee means wages, salary, back pay, bonuses and awards paid by employer, commissions, severance pay, payments from job corps, work training programs, on-the-job training programs, sick leave paid as wages, annual leave, holiday and vacation pay. State temporary disability insurance and temporary workers’ compensation payments are considered gross earnings when such payments meet all of the following conditions:

(a) The payment is employer funded.

(b) The payment is made to an individual who remains employed during recuperation from a temporary illness or injury pending return to the job.

(c) The payment is specifically characterized under state law as a temporary wage replacement.

(2) Gross self-employment earnings means the total profit from a business enterprise. The total profit from the self-employment business enterprise is determined by deducting the self-employment expenses (i.e., the business expenses directly related to producing the goods or services) from the gross receipts. Personal business and/or entertainment expenses are not an allowable deduction. Individuals who are self-employed and have no countable income shall provide written verification documenting how they are meeting basic living expenses including, but not limited to, food, transportation, housing, and utilities. Failure of the caretaker to provide sufficient documentation shall result in the denial or termination of child care benefits.

(3) Individuals who are unemployed shall provide written verification documenting how they are meeting basic living expenses including, but not limited to, food, transportation, housing, and utilities. Failure of the caretaker to provide sufficient documentation shall result in the denial or termination of child care benefits.

(D) Income which is excluded from gross earned income includes:

(1) The gross earnings of a minor child in the family who is a full-time student as defined by the school, unless the minor is a parent.

(2) Alimony paid or child support payments paid by a family member for a child outside the family. The amount paid, up to the amount ordered, is excluded.

(3) The verified amount which is being garnished from the income.

(4) Earned income tax credit (EITC) payments when added to the individual’s wages.

(5) Earnings received under the Domestic Volunteer Service Act of 1973 for participation in the “Americorp Vista” program.

(6) Federal work study income as referenced in rule 5101:4-4-13 of the Administrative Code.

(7) All income, including in kind benefits, excluded under the food stamp program regulations, as set forth in rule 5101:4-4-13 of the Administrative Code.

(8) Any other income amounts that federal statutes or regulations require be excluded.

(9) Any income earned by a person receiving supplemental security income (SSI).

(E) “Gross unearned income” means the total amount of unearned income that is received in the month by all members of the family. Unearned income is income that is not gross earned income or is not gross earned income from self-employment, as defined in this rule. Unearned income includes cash contributions received by the family from persons, organizations or assistance agencies, social security administration (SSA) disability, death or retirement benefits, and child support payments.

(F) Income which is excluded from gross unearned income includes:

(1) SSI payments.

(2) Income of a child for whom federal, state or local foster care maintenance payments are made, including the foster care payment.

(3) Income of a child for whom federal, state or local adoption assistance payments are made, including the adoption assistance payment.

(4) Payments made with county funds to increase the amount of cash assistance an assistance group receives in accordance with section 5107.03 of the Revised Code.

(5) Child support payments paid by a family member for a child outside the family. The amount paid, up to the amount ordered, is excluded.

(6) Alimony paid pursuant to a court order.

(7) Contributions for shared living arrangements. These include cash payments received by a family from an individual who is not a family member but who resides in the household and shares responsibility for the household expenses through an informal arrangement. The cash payment given to the family is not available to the family because the payment represents the non-family member’s share of the household expenses.

(8) Bona fide loans from any source, including rural housing loans made by federal housing administration (FHA).

(9) Experimental housing allowance program payments made under annual contributions on contracts entered into prior to January 1975, under section 23 of the U.S. Housing Act of 1937.

(10) HUD community development block grant funds paid under Title I of the Housing and Community Development Act of 1974 (public law 93-383).

(11) Home energy assistance support and maintenance paid in cash or in-kind, public laws 97-377 (December 21, 1982), 97-424 (January 6, 1983), and 98-21 (April 20, 1983).

(12) Income tax refunds received by any of the family members.

(13) The verified amount which is being garnished from the income.

(14) Earned income tax credit (EITC) payments when received as part of an income tax refund.

(15) The value of surplus commodities donated by the department of agriculture.

(16) Benefits received under Title VII, nutrition program for the elderly, Older Americans Act of 1965, Public Law 93-150.

(17) Retroactive payments made as a result of a state hearing.

(18) Escrow accounts established or credited as the direct result of the assistance group’s involvement in family self-sufficiency on or after May 15, 1992.

(19) Ohio works first (OWF) cash payment for support services, pursuant to section 5107.66 of the Revised Code.

(20) Prevention, retention and contingency (PRC) payments.

(21) The value of food stamp allotments.

(22) Money received in the form of a nonrecurring lump sum payment including, but not limited to, retroactive lump sum social security, SSI or pension benefits; retroactive lump sum insurance settlements; retroactive lump sum payment of child support arrearage; refunds of security deposits on rental property or utilities; or PRC payments not defined as cash assistance.

(23) Income excluded under the food stamp program regulations, as set forth in rule 5101:4-4-13 of the Administrative Code, unless the income is included under the provisions of this rule.

(24) Any other income amounts that federal statutes or regulations require be excluded.

(G) Calculation of the family’s gross monthly income.

(1) When determining eligibility and copayment for child care benefits, the eligibility determiner shall calculate the family’s gross monthly income.

(2) When calculating gross income, each family member’s gross monthly income amount shall be rounded down to the nearest whole dollar by dropping all cents. All cents in gross weekly, biweekly, or semimonthly income shall be dropped prior to applying the conversion factors set forth in this rule.

(3) Income which is received in a frequency other than monthly must be converted into a monthly amount. All cents shall be dropped after multiplying the individual’s income by the appropriate conversion factor. Hourly rates which contain cents are not rounded but are multiplied in the exact amount. Conversion shall be performed using the following factors:

(a) Income received on a weekly basis is multiplied by 4.3;

(b) Income received biweekly, that is every two weeks , is multiplied by 2.15;

(c) Income received semimonthly, twice a month , is multiplied by 2.

(4) When an individual has fluctuating income, the income must first be averaged to arrive at a figure to be converted into a monthly amount, according to the following procedures:

(a) If the employed individual works the same number of hours per pay period, that number of hours shall be used in computing the individual’s gross monthly income. The gross monthly income shall be computed by either using the gross earnings listed on the individual’s pay stubs or by multiplying the number of hours per pay period by the hourly rate of pay. This figure is used to convert the income into a monthly amount.

(b) If the employed individual has fluctuating income, the income must be averaged. The averaged amount is used in converting the income into a monthly figure. The eligibility determiner must average the income received in the preceding four weeks, whenever possible.

(c) When the income from the prior four week period is not representative of current or future income, the eligibility determiner must project income based on a best estimate. The best estimate shall consider the following variables which may affect the determination. These variables include:

(i) There are more than four weeks of pay stubs available and the individual states that an average of a longer period of time is more representative, because the income received in the most recent four weeks was less or greater than the average. The eligibility determiner must use all available income related information for the immediately preceding three month period.

This includes situations when the individual disagrees with the use of income from the past four week period as representative of future income. The eligibility determiner must use all available income related information (including the individual’s projection of future earnings) to determine a representative figure. Some pay stubs reflect year-to-date earnings, which is an acceptable method of determining average income for longer than the four week period.

(ii) If there are fewer than four weeks of pay stubs available, the eligibility determiner must use all available income related information to arrive at a representative figure. This includes situations when the employed individual disagrees with the use of earnings from the past four week period as indicative of future earnings.

(iii) If there are no pay stubs available because the employment is new, written documentation from the employer shall be required. The documented amount shall be converted to gross monthly income as directed in this rule.

(5) If income is sporadic, the income for a period of one year must be used to determine an average adjusted monthly income. An example of sporadic income is commission-based income. When income is from work that normally involves seasonal periods of unemployment, the family’s adjusted monthly income should be determined from the adjusted annual income of the family divided by twelve months.

(6) For situations in which an individual has self-employment income, the eligibility determiner must determine the gross earnings for the month based on an estimate of the individual’s gross annual earnings.

(a) Whenever possible, the eligibility determiner must secure a copy of the self-employed individual’s previous year’s tax return. The income listed on the previous year’s tax return should be used to estimate the expected earnings for the current and future months. The self-employed individual shall be asked to provide copies of the tax return from the previous year, as well as current business records in order to project annual gross income. Unless the individual contests this determination of projected income, the estimate of income for the current year shall be based on the previous year’s tax return. The individual’s gross monthly earnings should be determined to be one-twelfth of the gross earnings as shown on the tax return for the preceding year. This method of estimating the self-employed individual’s income should be used when the individual has been self-employed for some time, the gross earnings from self-employment have remained fairly constant, as evidenced by tax returns from previous years, and there is no anticipated change in circumstances.

(b) If the individual contests the estimate of income from self-employment based solely on information on the previous year’s tax return, the individual must provide a projected estimate of gross earnings for the current taxable year, based upon current business records. When the individual cannot estimate gross earnings for the current taxable year based on current business records, the eligibility determiner shall accept the individual’s best estimate. Using the individual’s best estimate of income for the current taxable year, the eligibility determiner shall allocate one-twelfth of the gross annual income equally into each month of the taxable year.

(c) If the individual contests the eligibility determiner’s estimate of the income from self-employment based solely on information on the previous year’s tax return but does not provide a projected estimate of gross earnings for the taxable year based on current business records to support this contention, the eligibility determiner shall project the earnings based on the gross earnings listed on the previous year’s tax return.

(i) If the individual does not have a tax return from the previous year, the eligibility determiner shall project an estimate of the individual’s annual gross earnings from self-employment based on the individual’s current business records.

The eligibility determiner shall determine that one-twelfth of the projected gross earnings from self-employment shall be allocated monthly.

(ii) In the absence of both previous year’s tax return and current business records, the eligibility determiner shall require the individual to provide a written best estimate of his projected annual income and expenses. The eligibility shall then determine that one-twelfth of the projected annual gross earnings from self-employment shall be distributed into all months of the taxable year.

(H) Documentation and verification of the family’s gross monthly income.

(1) The eligibility determiner must document and verify all sources of income. If possible, documents used should be copied and attached to the application. If copies of documents cannot be obtained, the eligibility determiner must describe the document viewed and the pertinent information contained therein.

(2) Acceptable documentation of all sources of income may include pay stubs, business records, correspondence or data from the social security administration, data from the Ohio bureau of workers’ compensation and data from providers of pension benefits. If the income received is in cash without a receipt, a contact with the employer is required. Contact with individuals or agencies may be made by the eligibility determiner with receipt of a signed JFS 01138 “Application for Child Care Benefits” (rev. 1/2008) or other signed written consent by the caretaker, in order to obtain all pertinent information regarding family income.

(3) The caretaker parent must provide documentation of the source and amount of any income received unless such information is already available to the eligibility determiner. Failure to cooperate in the development of documentation for any source of income received is acceptable grounds for a delay in the processing of an application or a determination of eligibility. If this failure continues beyond thirty days from the date of application, the application shall be denied. Denial of an application does not prohibit the caretaker parent from reapplying for child care benefits.

Effective: 02/01/2008

R.C. 119.032 review dates: 02/01/2012

Promulgated Under: 119.03

Statutory Authority: 5104.38

Rule Amplifies: 5104.38

Prior Effective Dates: 4/1/90 (Emer.), 6/22/90, 5/1/91 (Emer.), 7/1/91, 11/1/91 (Emer.), 1/20/92, 6/17/94 (Emer.), 9/16/94, 12/26/95, 10/1/97 (Emer.), 12/30/97, 1/1/99, 2/22/02, 2/1/07

(A) The caretaker shall apply for child care benefits by completing the JFS 01138 “Application for Child Care Benefits” (rev. 1/2008) and shall submit the application to the county department of job and family services (CDJFS) in the county in which the caretaker resides. The CDJFS shall document the date that the application is received.

(B) At the time of initial determination and redetermination of eligibility, the CDJFS shall provide the caretaker with the following information:

(1) State hearing rights and procedures pursuant to applicable rules in division 5101:6 of the Administrative Code.

(2) Notice that the use of child care services is a condition of eligibility for continued enrollment and the specific time limitation on the use of child care services must be in accordance with the requirements of this rule.

(3) Notice that the caretaker shall complete and provide a copy of the child’s health record to the child care provider by the first day of the child’s attendance.

(4) A copy of the rights and responsibilities section of the JFS 01138 that is signed and dated by the caretaker.

(C) Eligibility for child care benefits may begin on the date the CDJFS receives an application. The caretaker shall sign the application and submit supporting documentation within thirty calendar days from the date the CDJFS receives the application. Failure of the caretaker to complete the eligibility determination process within the thirty day period shall result in the denial of the application. When providing notice of approval for child care benefits the CDJFS shall use the JFS 04074 “Notice of Approval of Your Application for Assistance” (rev. 5/2001). When providing notice of denial for child care benefits the CDJFS shall use the JFS 07334 “Notice of Denial of Your Application for Assistance” (rev. 4/2003).

(D) The CDJFS shall determine eligibility no later than thirty calendar days from the date the CDJFS receives the application. The complete application shall be retained in the agency file with the JFS 01139 “Child Care Application Status and Summary” (rev. 1/2008). The family’s eligibility period shall be valid for twelve months, unless eligibility is denied or terminated due to the requirements of this rule.

(E) The CDJFS shall pay for child care services provided between the date the CDJFS receives an application and the date the family is determined to be eligible. If the family is determined to be ineligible, the family shall be responsible for the cost of services rendered by the provider.

(F) The caretaker may apply for medicaid benefits at the time of application for child care benefits by completing the JFS 01137 “Child Care/Healthy Start and Healthy Families Supplement” (rev. 10/2006). The CDJFS may make this form available with the JFS 01138.

(1) Upon receipt of the JFS 01137, the CDJFS shall copy the entire JFS 01138 and supporting documentation and forward it and the JFS 01137 to the appropriate unit within the CDJFS for processing medicaid applications.

(2) The medicaid eligibility unit shall consider the JFS 01138 and JFS 01137 together as a complete application for the purpose of determining medicaid eligibility.

(G) Eligibility for child care shall be redetermined every twelve months. The CDJFS shall notify the caretaker in writing, no later than thirty calendar days prior to the last day of the current eligibility period, of the requirement that the caretaker’s eligibility must be redetermined. The caretaker shall submit a current, signed and completed application and supporting documentation by the last day of the current eligibility period. Failure of the caretaker to complete the redetermination process by the last day of the current eligibility period shall cause the CDJFS to propose termination of child care benefits. When the CDJFS proposes to reduce or terminate child care benefits at the time of redetermination, the caretaker shall be provided prior written notice of the action. The CDJFS shall use the JFS 04065 “Prior Notice of Right to a State Hearing” (rev. 5/2001), and the notice shall be sent no less than fifteen calendar days prior to the date of the proposed action.

(H) The CDJFS is not required to conduct a face-to-face interview with the caretaker if the required information for determining the family’s eligibility for child care benefits is already on file with the CDJFS and/or the required information can be obtained through another method.

(I) When determining eligibility, the CDJFS shall assure that alternative means for application are available to families through telephone, fax, computer, and other means at locations other than the CDJFS that are convenient and accessible for families. These shall include, but are not limited to, the following:

(1) The CDJFS may contract with child care providers or resource and referral organizations to make all or any part of the eligibility determinations.

(2) The CDJFS may contract with child care providers or resource and referral organizations to collect information for use by the CDJFS in determining eligibility for child care benefits.

(3) The CDJFS shall make application forms available at appropriate locations and allow applicants to complete the application process at times outside their normal working hours and at locations convenient and accessible to the applicant. Arrangements may include:

(a) Stationing CDJFS staff at various sites in the county to assist applicants in completing the application process and to make eligibility determinations at those locations.

(b) Assigning CDJFS staff to hours of employment outside the normal working hours of the CDJFS to collect information relevant to application for child care and to make eligibility determinations.

(c) Providing training and technical assistance to appropriate individuals to qualify them in providing assistance in completing the application process and making eligibility determinations.

(4) The CDJFS may complete or receive the child care application with information provided over the telephone, fax, the ODJFS child care web site at http://jfs.ohio.gov/families/child_care/index.stm, or via computer. Failure of the caretaker to submit supporting documentation shall result in the denial or termination of child care benefits. The CDJFS may use electronic records and electronic signatures as specified in Chapter 1306. of the Revised Code.

(J) The CDJFS shall deny or terminate a caretaker’s eligibility for child care benefits, after providing hearing notice rights as required by applicable rules in division 5101:6 of the Administrative Code, when any of the following occurs:

(1) The caretaker does not meet current eligibility.

(2) The caretaker does not cooperate in determining eligibility.

(3) The caretaker does not enter into or comply with an agreement with the CDJFS or ODJFS to repay a child care overpayment.

(4) The caretaker does not use child care services for a period of thirty-one consecutive days, unless exempted pursuant to paragraph (L) of this rule.

(5) The caretaker does not pay the required monthly child care copayment unless the family makes arrangements to pay delinquent copayments.

(6) The caretaker’s monthly family child care copayment exceeds the cost of care for more than thirty-one consecutive days.

(7) The caretaker moves to another county.

(K) A caretaker shall be ineligible for child care benefits if any of the following apply:

(1) The caretaker owes delinquent copayments to a child care provider, unless satisfactory arrangements are made to pay such delinquent copayments.

(2) The caretaker owes a child care overpayment to the CDJFS or ODJFS or the caretaker fails to make or comply with satisfactory arrangements to repay a child care overpayment.

(L) The CDJFS shall not terminate child care benefits if any of the following criteria are met:

(1) A caretaker has not utilized child care benefits, not to exceed one quarter or semester, because the caretaker has not participated in an education or training activity which prepares the caretaker for paid employment due to a scheduled break in the education or training activity.

(2) A caretaker has not utilized child care benefits due to an inability to arrange placement with an eligible provider of the caretaker’s choice.

(3) A caretaker has not utilized child care benefits due to a child’s visitation with a non-residential caretaker.

(4) A caretaker has a child who is enrolled in a federally funded head start/child care partnership program as defined in rule 5101:2-16-30 of the Administrative Code. Only the child in the head start/child care partnership program remains eligible for child care benefits until the end of the current head start program year.

(M) The CDJFS shall assist migrant families in obtaining appropriate documentation in order to expedite the migrant family’s determination of eligibility for child care benefits.

(N) When a caretaker moves to another county the following shall occur:

(1) The CDJFS in the county of previous residence shall terminate the family’s child care eligibility, after providing hearing notice pursuant to applicable rules in division 5101:6 of the Administrative Code. Upon the request of the CDJFS in the new county of residence, the CDJFS in the county of previous residence shall forward requested information from the case record.

(2) The caretaker shall submit an application, within thirty calendar days from the date of the relocation, to the CDJFS in the new county of residence for redetermination of continued eligibility. If the caretaker fails to apply in the new county within thirty-one calendar days from the termination date on the hearing notice, the caretaker shall be required to meet the requirements of initial eligibility. The caretaker is not eligible for child care benefits from the termination date until the caretaker applies and is determined eligible in the new county.

(O) Notice and hearing requirements contained in division 5101:6 of the Administrative Code shall apply to determinations of eligibility for child care benefits. The CDJFS shall issue a notice of a change in child care benefits to the family within ten calendar days from the date the change of circumstance was reported by the caretaker.

(P) A caretaker shall not be paid by the CDJFS for the provision of child care services for a child who resides in the household, and who they are responsible for as the caretaker.

(Q) The CDJFS shall not authorize child care services when a caretaker is available in the home and can provide appropriate care for the child, except when the caretaker provides written verification to the CDJFS from a licensed physician, licensed psychologist, licensed psychiatrist or public children services agency (PCSA) that the caretaker cannot provide appropriate care of the child. This exception shall only apply to a family with more than one caretaker.

(R) A caretaker receiving child care benefits shall be required to report to the CDJFS any changes which affect the caretaker’s eligibility for child care benefits, including family income, employment, participation in a program of education or training, household composition, or relocation to another county. Such changes shall be reported by the caretaker within ten calendar days of the date the change occurs. Failure of the caretaker to comply with the ten day reporting requirement may result in action by the CDJFS to pursue a determination of overpayment and the recovery of any overpayment.

Effective: 02/01/2008

R.C. 119.032 review dates: 02/01/2012

Promulgated Under: 119.03

Statutory Authority: 5104.34, 5104.38

Rule Amplifies: 5104.30, 5104.32, 5104.34, 5104.38

Prior Effective Dates: 7/29/91, 11/1/91 (Emer.), 1/20/92, 1/1/94, 1/2/96 (Emer.), 3/1/96, 10/1/97 (Emer.), 12/30/97, 1/1/99, 2/14/02, 4/1/03, 7/1/05 (Emer.), 9/26/05, 2/1/07

Rescinded eff 9-30-07

Rescinded eff 9-26-05

(A) Each family with a monthly income of ten dollars or more shall be assessed a copayment based on family size and the family’s gross monthly income.

(1) The copayment shall be paid to the provider each month according to the “Child Care Provider Reimbursement Calendar” that appears in the appendix to this rule.

(2) The copayment shall be based on the total monthly income, calculated in accordance with rule 5101:2-16-34 of the Administrative Code.

(3) The copayment shall be determined according to the “Copayment Chart” that appears in the appendix to this rule.

(4) The copayment shall not exceed ten per cent of the family’s monthly income.

(B) The county department of job and family services shall determine the copayment at the time the family submits an application and supporting documentation.

(1) The copayment shall be reviewed and adjusted, including increases to the copayment if necessary, at the sixth month of the twelve month eligibility period.

(2) The CDJFS shall notify the caretaker in writing that a copayment review is required.

(a) The notice shall outline the income and family composition documentation requested.

(b) Failure of the caretaker to submit this documentation may result in action to reduce or terminate child care benefits at the time of the six month review.

(3) If the CDJFS proposes a change in the copayment or termination of child care benefits, the CDJFS shall use the JFS 04065 “Prior Notice of Right to a State Hearing” (rev. 5/2001) and the notice shall be sent no less than fifteen calendar days prior to the date of the proposed action.

(C) A redetermination of the copayment shall be completed by the end of the twelve month eligibility period at the time the family submits a current, completed application and supporting documentation. The copayment shall be in effect for each entire six- month period unless any of the following occurs:

(1) The caretaker requests that the copayment be reduced due to changes in family income, family size, or both, and the CDJFS approves the reduction.

(2) A documented increase in family income occurs within the first thirty calendar days of the date of an initial eligibility determination.

(3) An incorrect copayment was assessed by the CDJFS as a result of agency error, recipient error, or recipient fraud, resulting in corrective action to reduce or increase the family’s copayment.

(4) The Ohio department of job and family services (ODJFS) requires a change in the monthly child care family copayment.

(D) Notice and hearing requirements contained in division 5101:6 of the Administrative Code shall apply to changes to the copayment.

(1) When the CDJFS intends to increase the copayment, the caretaker shall be provided at least fifteen calendar days prior written notice of the proposed action.

(2) The CDJFS shall notify the caretaker by sending the JFS 04065.

(3) The CDJFS shall issue notice of a change in child care benefits to the caretaker within ten calendar days from the date the change of circumstance was reported by the caretaker.

(E) All families shall pay the copayment for child care services. The CDJFS may waive fees on a case by case basis for families eligible for protective child care benefits.

(F) A family shall not be required to pay any part of the copayment which exceeds the total cost of care for any month that child care services are provided.

(G) In addition to the copayment established by the CDJFS, the family may be required to pay fees which are not the responsibility of the CDJFS upon satisfactory arrangements with the child care provider. These types of fees include, but are not limited to, the following:

(1) Late fees.

(2) Activity fees.

(3) Transportation fees.

(4) Fees charged for absentee days which exceed those reimbursed by the CDJFS.

(5) Fees charged by the provider for child care services which exceed the hours and days authorized by the CDJFS.

(H) A family shall not be required to pay fees to the child care provider which are the responsibility of the CDJFS, as required in rule 5101:2-16-41 of the Administrative Code, and the terms agreed to in the JFS 01224 “Contract for Purchase of Publicly Funded Child Care Services” (rev. 1/2008), including the difference between the reimbursement rate and the provider’s customary charge to the public when the customary charge is higher.

(I) The copayment shall be subtracted from the provider’s reimbursement prior to payment by the CDJFS.

(J) Collection of the copayment and fees listed in this rule shall be the responsibility of the provider.

(K) The CDJFS shall inform the provider of the amount of the copayment.

(L) The provider shall establish a written agreement for payment of the copayment and fees, signed and dated by both the provider and the caretaker.

(1) The caretaker shall adhere to this agreement by paying the copayment each month according to the “Child Care Provider Reimbursement Calendar” that appears in the appendix to this rule.

(2) The provider shall give a copy of the written agreement to the caretaker and shall retain a copy for review by the CDJFS.

(M) When the copayment is delinquent more than ten calendar days from the due date established in the written copayment agreement, the provider shall submit a record of delinquent copayments to the CDJFS no later than fifteen calendar days from the due date established in the caretaker/provider written copayment agreement.

(N) When the CDJFS has verified that the copayment is delinquent, child care benefits shall be terminated after the caretaker has been provided prior written notice of the action. The CDJFS shall notify the caretaker by sending the JFS 04065.

(O) Ineligibility for child care benefits shall continue as long as delinquent copayments are owed, unless satisfactory arrangements are made to pay delinquent copayments. Arrangements to pay delinquent copayments shall be satisfactory to both the caretaker and the provider.

Appendix FPL Chart for SFY09

See Chart at http://www.registerofohio.state.oh.us/pdfs/5101/2/16/5101$2-16-39_PH_FF_A_APP1_20080619_0818.pdf

Appendix Child Care Provider Reimbursement Calendar — SFY 09

See Calendar at http://www.registerofohio.state.oh.us/pdfs/5101/2/16/5101$2-16-39_PH_FF_A_APP4_20080619_0818.pdf

Effective: 07/01/2008

R.C. 119.032 review dates: 01/01/2012

Promulgated Under: 119.03

Statutory Authority: 5104.34, 5104.38

Rule Amplifies: 5104.01, 5104.30, 5104.34, 5104.341

Prior Effective Dates: 4/1/90 (Emer.), 6/22/90, 5/1/91 (Emer.), 7/1/91, 11/1/91 (Emer.), 1/20/92, 7/6/92 (Emer.), 10/1/92, 6/1/93 (Emer.), 7/2/93 (Emer.), 8/20/93, 10/2/95 (Emer.), 12/26/95, 10/1/97 (Emer.), 12/30/97, 1/1/99, 2/14/02, 6/9/03, 2/1/05 (Emer.), 4/1/05, 7/1/05 (Emer.), 10/1/05, 7/1/06, 2/1/07, 7/1/07

(A) The reimbursement rates established by the department Ohio department of job and family services (ODJFS) shall apply to all providers of publicly funded child care.

(B) Each county department of job and family services (CDJFS) shall pay licensed child care center providers, licensed type A home child care providers, certified type B home child care providers and border state child care providers, who are licensed, certified or otherwise approved by the border state to provide child care services, a reimbursement rate that is the lowest of the following:

(1) The provider’s customary charge to the public. The provider’s customary charge to the public includes any discounts offered by the provider except for discounts that are based on the income level of a family.

(2) A rate negotiated between the CDJFS and the provider, if the negotiated rate is agreeable to the provider and the provider routinely serves at least seventy-five per cent of enrolled children who are eligible for publicly funded child care.

(3) A rate that is listed in appendix A to this rule. When a rate in appendix A is used, the following requirements apply:

(a) The rate paid to a center provider shall be no more than one hundred per cent of the rate shown in appendix A to this rule for licensed child care centers.

(b) The rate paid to a type A provider shall be no more than one hundred per cent of the rate shown in appendix A to this rule for licensed type A homes.

(c) The rate paid to a type B provider shall be no more than one hundred percent of the rate shown in appendix A to this rule for type B providers with professional certification.

(d) The rate paid to an agency inspected (AI) limited provider shall be no more than one hundred per cent of the rate shown in appendix A to this rule for agency inspected (AI) type B providers with limited certification.

(e) The rate paid to a parent provider inspected provider (PPI) shall be no more than one hundred per cent of the rate shown in appendix A to this rule for parent provider (PPI) limited certified type B providers.

(C) Reimbursement to providers for the care of a child shall be made for full-time weekly care, part-time weekly care or hourly care.

(1) A week is the seven-day period from twelve a.m. Sunday to fifty-nine minutes after eleven p.m. Saturday.

(2) A full-time week for licensed child care centers and licensed type A homes is twenty-five hours to sixty hours of care. Reimbursement for more than sixty hours of care in a week shall be made at the hourly rate. The total reimbursement for the week shall not exceed the provider’s customary charge to the public.

(3) A full-time week for certified home providers is twenty-five hours to fifty hours of care. Reimbursement for more than fifty hours of care in a week shall be made at the hourly rate. The total reimbursement for the week shall not exceed the provider’s customary charge to the public.

(4) A part-time week is seven hours to twenty-four and nine-tenths hours of care.

(5) Hourly reimbursement shall be made when one-tenth of an hour up to six and nine-tenths hours of care are provided in a week.

(6) Summer school age reimbursement ceiling rates shall be in effect during weeks in May, June, July, August and September when the school in which the child is enrolled is not in session due to a summer break. Reimbursement shall be made for the entire week.

(D) A provider shall be reimbursed for up to ten absent days per child during each six-month period that care is provided.

(1) An absent day means any day that a child is authorized to be in the care of the provider, but is not in attendance, and child care would have been provided had the child been present with the provider. 5101:2-16-41 2

(2) Each six-month period shall be January first through June thirtieth and July first through December thirty-first of each year.

(3) The provider shall report any absent days regardless of the effect on reimbursement.

(E) An in-home aide is the only provider of publicly funded child care who may provide child care in a child’s own home.

(1) Reimbursement rates for in-home aides shall comply with all of the following:

(a) Each CDJFS shall establish or negotiate a rate for in-home aides, not to exceed eight dollars per hour for forty or less hours in a week.

(b) At least the hourly minimum wage shall be paid for forty or less hours in a week.

(c) A rate of one and one-half times the payment rate shall be paid for hours in excess of forty in a week.

(F) Providers who provide care in the following three situations shall be reimbursed at five per cent above the rate for which the CDJFS contracts with the provider, in accordance with paragraph (B) of this rule, up to a maximum of fifteen per cent additional. The provider shall be reimbursed at a rate above the maximum reimbursement rate, as shown in appendix A to this rule, if the payment of one or more of these additional five per cent allowances causes the provider’s rate to exceed the maximum reimbursement rate. The total reimbursement shall not exceed the provider’s customary charge to the public.

(1) Providers who care for children with special needs shall be reimbursed at a rate of five per cent higher than the rate for which the CDJFS contracts with the provider. The total reimbursement shall not exceed the provider’s customary charge to the public. The new rate shall apply only to the hours of care for the child with special needs. 5101:2-16-41 3

(2) Providers who care for children during non-traditional hours shall be reimbursed at a rate of five per cent higher than the rate for which the CDJFS contracts with the provider. The new rate shall apply to the child for all hours of care during a week when any non-traditional hours of care are provided. The total reimbursement shall not exceed the provider’s customary charge to the public. Non-traditional hours are hours between seven p.m. and six a.m. on weekdays, and between six a.m. Saturday and six a.m. Monday.

(3) Providers who have attained accreditation shall be reimbursed at a rate of five per cent higher than the rate for which the CDJFS contracts with the provider. The total reimbursement shall not exceed the provider’s customary charge to the public. The new rate shall apply to all publicly funded children. Acceptable accreditations are limited to the following:

(a) National association for the education of young children (NAEYC).

(b) National early childhood program accreditation (NECPA).

(c) National accreditation commission for early care and education programs(NAC) managed by the national association of child care providers (NACCP).

(d) National association for family child care (NAFCC).

(e) National afterschool association (NAA).

(f) A rating earned through the state quality rating system.

(G) If a child care provider charges a deposit or requires advance payment as a customary fee to the public, the CDJFS may pay such a fee. Such fees must shall be deducted from the provider’s reimbursement when the child no longer receives publicly funded child care from the provider. Advance payments or deposits are limited to the customary charge to the public or the reimbursement rate, whichever is lower.

(H) If a child care provider charges a registration fee as a customary fee to the public, the CDJFS shall pay such a fee no more than twice in a twelve-month period and only if the registration fee is for a different program. Reimbursement for a registration fee is limited to the amount of the customary fee to the public or twenty-five dollars, whichever is less.

(I) Reimbursement for activity fees is limited to the customary charge to the public. Activity fees shall be added to the provider’s reimbursement rate and shall not exceed the maximum reimbursement rate for the provider as listed in appendix A to this rule.

(J) Transportation provided by child care providers for routine transportation may be an allowable cost for reimbursement when it is included in the provider’s services and the transportation is for the child to and from the child’s home, or to and from the child’s school or another educational program. Transportation provided by someone other than the child care provider is not an allowable cost for reimbursement. Reimbursement for transportation is limited to the customary charge to the public. Transportation fees shall be added to the reimbursement rate and shall not exceed the maximum reimbursement rate for the provider as listed in appendix A to this rule.

(K) The CDJFS shall reimburse the certified type B provider or in-home aide for care provided as emergency care to cover the provider’s unplanned absences and for care provided as substitute care for planned absences if an approved emergency or substitute caregiver cares for the children during these absences.

(L) As required by JFS 01224 “Contract for Purchase of Publicly Funded Child Care Services” (rev. 01/2008), the CDJFS shall require providers to report to the CDJFS when a child is absent and there is loss of contact with the caretaker that exceeds two consecutive days. The CDJFS shall contact the caretaker to verify the continued child care needs of the family. The CDJFS shall then contact the provider to verify if the child is authorized to continue to use the services of the provider.

(M) The requirements of this rule apply to the reimbursement of publicly funded child care services provided for in a contract between a provider and the CDJFS that is entered into with the JFS 01224, the JFS 01140 “Certificate of Authorization for Payment” (rev. 1/2007) or a similar contract approved by the (ODJFS).

Appendix

By County

See Appendix at http://www.registerofohio.state.oh.us/pdfs/5101/2/16/5101$2-16-41_PH_FF_A_APP1_20080619_0818.pdff

Effective: 07/01/2008

R.C. 119.032 review dates: 08/01/2009

Promulgated Under: 119.03

Statutory Authority: 5104.30

Rule Amplifies: 5104.30, 5104.35

Prior Effective Dates: 7/1/89 (Emer.), 9/28/89, 4/1/90 (Emer.), 7/1/90 (Emer.), 9/30/90, 5/1/91 (Emer.), 7/1/91, 11/1/91 (Emer.), 1/20/92, 7/6/92 (Emer.), 10/1/92, 1/1/94, 10/1/97 (Emer.), 12/30/97, 5/8/98 (Emer.), 8/1/98, 6/10/00, 1/1/01, 2/22/02, 6/9/03, 7/1/05 (Emer.), 9/26/05, 1/13/06 (Emer.), 4/13/06, 1/1/07, 3/30/07 (Emer.), 6/28/07

Rescinded eff 9-30-07

(A) The CDJFS may request a waiver of the reimbursement ceiling, up to twice the rate allowable pursuant to rule 5101:2-16-41 of the Administrative Code, when it is necessary to purchase child care services based on the documented special needs of a child. These needs may include but are not limited to, requiring a lower staff/child ratio or providing an adaptive environment in order to provide child care pursuant to paragraph (AA) of rule 5101:2-16-01 of the Administrative Code.

(B) In order to request a reimbursement ceiling waiver for a child, the CDJFS shall submit a completed JFS 01231 “Request For Reimbursement Ceiling Waiver” (rev. 1/2007) to ODJFS, bureau of child care and development.

(C) The CDJFS shall also submit to ODJFS documentation of the provider’s customary charge to the public for these services and documentation that these services cannot be purchased within the county’s designated reimbursement ceiling.

(D) The CDJFS shall maintain on file the following documentation for each publicly funded child for whom a reimbursement ceiling waiver is applicable.

(1) A written statement from a licensed physician, psychologist or other professional with the appropriate credentials to make such a diagnosis regarding the child’s physical or mental disability.

(2) A written IEP, IFSP or a documented individualized plan for the care of the child as required by rules 5101:2-14-27, 5101:2-12-38 and 5101:2-13-38 of the Administrative Code, which is signed by the parent and provider and maintained on file with the provider.

(3) A written statement of the child’s need for child care services which are not reimbursable from other sources such as, but not limited to:

(a) Title XIX of the Social Security Act of 1965.

(b) Services available through the Ohio department of mental retardation and developmental disabilities.

(c) Head start services authorized under Title VI, sub title A, chapter 8, sub chapter B of the Omnibus Budget Reconciliation Act of 1981 (P.L. 97 – 35) and Human Services Reauthorization Act of 1990, Title I (P.L. 101 – 501).

(d) The Ohio department of education.

(e) Title XX.

(f) The Ohio department of health.

(E) The CDJFS shall authorize reimbursement in excess of the designated reimbursement ceiling after written approval is obtained from ODJFS. ODJFS shall issue a response to all requests for reimbursement ceiling waivers within thirty calendar days of receipt of such requests. ODJFS shall return all incomplete reimbursement ceiling waiver requests to the CDJFS immediately.

(F) In the event of a lack of available state and/or federal funds for the purchase of publicly funded child care services, ODJFS shall reserve the right to deny all CDJFS requests to waive designated reimbursement ceilings.

(G) The granting of a waiver by ODJFS shall not be construed as constituting precedence for the granting of any other waiver or the subsequent renewal of an existing waiver. All waiver requests shall be considered on an individual basis.

Effective: 02/01/2007

R.C. 119.032 review dates: 10/06/2006 and 02/01/2012

Promulgated Under: 119.03

Statutory Authority: 5104.30

Rule Amplifies: 5104.30, 5104.35

Prior Effective Dates: 1/1/94 (Emer.), 3/31/97, 10/1/97 (Emer.), 1/1/99, 5/12/02, 6/9/03

(A) The purchase of publicly funded child care shall be made under a contract entered into between the county department of job and family services (CDJFS) and an eligible child care provider.

(1) An eligible child care provider may include a border state child care provider who is licensed, certified, or otherwise approved by the border state to provide child care services.

(2) A border state child care provider may provide publicly funded child care only to a recipient who resides in an Ohio county that borders the state in which the provider is located.

(3) Except for border state child care providers, the CDJFS is prohibited from contracting with child care providers outside the state of Ohio.

(B) The CDJFS may enter into contracts with eligible child care providers who are located in Ohio counties. Reimbursement is subject to the provider’s customary charge, the reimbursement ceiling, or a negotiated rate, whichever is lower for the county in which publicly funded child care is provided.

(C) The JFS 01224 “Contract for Purchase of Publicly Funded Child Care Services” (rev. 1/2008) shall be used for all contracts with child care providers, except when the CDJFS issues a JFS 01140 “Certificate of Authorization for Payment of Publicly Funded Child Care Services (COAP)” (rev. 1/2007) to the caretaker.

(D) The CDJFS may make amendments to the contract, however, the contract shall not be amended after the termination of the contract. An amendment to the contract shall be signed by the CDJFS and the provider on or before the effective date of the amendment. No amendment shall contain information that contradicts the language, terms or conditions of the JFS 01224.

(E) The CDJFS and the provider shall sign and date the JFS 01224 prior to the provision of child care services by the provider.

(F) The CDJFS may add attachments to the JFS 01224 to include supplemental information not addressed in the JFS 01224.

(G) In accordance with rule 5101:2-16-41 of the Administrative Code, reimbursement to the provider shall be the lowest of the following: the provider’s customary charge to the public, a rate negotiated between the provider and the CDJFS or a rate that is listed in the appendix to rule 5101:2-16-41 of the Administrative Code.

(H) If a contracted provider provides child care for a caretaker who is potentially eligible for child care benefits and the caretaker is subsequently determined eligible, the CDJFS shall pay the provider for services provided between the date the CDJFS received a completed JFS 01138 “Application for Child Care Benefits” (rev. 1/2008) from the caretaker and the date the caretaker is determined eligible for child care benefits.

(I) All contracts for publicly funded child care services shall be contingent upon the availability of state and federal funds.

(J) The CDJFS may amend the contract at the direction of the Ohio department of job and family services (ODJFS). A contract shall not be amended after the termination date of the contract. An amendment shall be signed by the CDJFS and the provider before the amendment is effective.

(K) If a center or type A family child care home has not filed for licensure renewal within the timeframe and manner prescribed under section 5104.03 of the Revised Code, the CDJFS shall terminate the JFS 01224 on the same date the license expires.

(L) The CDJFS shall continue contracting with a licensed child care center, licensed type A family child care home or licensed school child care center when an application has been filed for licensure renewal within the timeframe and manner prescribed under section 5104.03 of the Revised Code but the Ohio department of job and family services (ODJFS) or Ohio department of education (ODE) has not yet acted on the application for licensure renewal. The child care center, type A family child care home, or school child care center, pursuant to section 119.06 of the Revised Code, is still able to operate as a licensed business pending licensure renewal by ODJFS or ODE. The CDJFS shall verify licensure status by contacting the ODJFS field office licensing staff or ODE.

(M) Upon receipt of notification that the child care center, type A family child care home, school child care center or approved child day camp has changed ownership or has moved to a new location the CDJFS shall terminate its contract, according to the procedures contained in the JFS 01224. The CDJFS may contract with the new owner or the current owner upon notification of the issuance of a license to the new owner or to the current owner at the new location.

(N) When ODJFS or ODE notifies the CDJFS that the department proposes to deny the application for renewal or to revoke the license, the CDJFS may terminate its contract with the child care center, type A family child care home, or school child care center pursuant to the procedures contained in the JFS 01224.

(O) Providers of publicly funded child care who contract with the CDJFS shall not be considered employees of the CDJFS but shall be considered independent contractors who are responsible for the requirements of self-employment. These requirements include but are not limited to: the payment of any local, state or federal tax obligations on earned income, reporting of earned income to the internal revenue service, payment of social security taxes and maintenance of any liability insurance that the provider deems necessary.

(P) The CDJFS is required to maintain all contracts and records on file for three years after the CDJFS makes final payments and all pending matters are closed. The CDJFS shall provide to any federal or state agency, the comptroller general of the United States or any of their duly authorized representatives access to any books, documents, papers and records which are directly pertinent to any audits, examinations, excerpts and transcriptions regarding publicly funded child care contracts.

(Q) Funds for the administration of the publicly funded child care program may be used by the CDJFS as follows:

(1) To contract with a government entity or private, nonprofit entity for that entity to inspect and certify type B family child care home providers and in-home aides.

(2) To contract with a child care provider or a resource and referral agency to:

(a) Determine eligibility for publicly funded child care benefits in accordance with Chapter 5101:2-16 of the Administrative Code.

(b) Collect specific information for use by the CDJFS in determining eligibility for publicly funded child care benefits.

(R) For purposes of utilizing administrative funds to purchase child care services itemized in paragraph (Q) of this rule, each CDJFS shall develop its own contract document. This contract document shall meet current county requirements which govern the purchase of such services.

Effective: 07/01/2008

R.C. 119.032 review dates: 01/01/2012

Promulgated Under: 119.03

Statutory Authority: 5104.30, 5104.38

Rule Amplifies: 5104.32

Prior Effective Dates: 7/1/89 (Emer.), 9/28/89, 7/1/90 (Emer.), 9/30/90, 5/1/91 (Emer.), 7/29/91, 11/1/91 (Emer.), 1/20/92, 7/6/92 (Emer.), 10/1/92, 9/1/93, 10/1/97 (Emer.), 12/30/97, 6/10/00, 5/12/02, 7/1/03, 2/1/07, 2/1/08

(A) The JFS 01140 “Certificate of Authorization for Payment of Publicly Funded Child Care Services (COAP)” (rev. 01/2007) shall be issued to a caretaker who chooses to use the child care services of a provider who is certified or licensed but who has not entered into a contract with the county department of job and family services (CDJFS) using the JFS 01224 “Contract for Purchase of Publicly Funded Child Care Services” (rev. 01/2008). The CDJFS shall ensure the following when authorizing child care services using the JFS 01140:

(1) The JFS 01140 shall be issued directly to the caretaker.

(2) The JFS 01140 shall be of the same value as other child care services purchased by the CDJFS in accordance with Chapter 5101:2-16 of the Administrative Code.

(3) Funds paid to the provider by use of the JFS 01140 are a benefit to the caretaker and not assistance to the provider.

(4) The JFS 01140 may be taken to any certified or licensed provider and it will serve as the contract between the CDJFS and the provider.

(5) Payment for reimbursable services provided by use of the JFS 01140 shall be issued directly to the provider.

(B) The JFS 01140 shall be valid and may be used to purchase child care during one CDJFS billing cycle, after signature by the provider and the provider’s receipt of the validation number from the CDJFS. If the family chooses to continue using a JFS 01140 with the same provider, a new JFS 01140 will be provided to the family for each subsequent billing cycle during which the family remains eligible for services.

(C) Upon receipt of the JFS 01140 the child care provider shall contact the CDJFS to receive a number which will validate the certificate. The provider shall enter the validation number in the space provided on the certificate. A validated certificate, when submitted after the authorized child care services have been provided, shall serve as the provider’s invoice to the CDJFS and as the terms of service agreement between the CDJFS and the provider.

(D) When the CDJFS is contacted by the provider requesting validation of the certificate, the CDJFS shall determine whether the provider is eligible to receive public funds, including border state child care providers that are licensed, certified, or otherwise approved by that state to provide child care services. If the provider is determined to be eligible to receive public funds, the CDJFS will assign the provider a unique validation number. The CDJFS may choose to renew or carry forward a validation number for a provider which continues to provide care for a specific child, rather than providing a new validation number for each billing period.

(E) When the CDJFS is following validation procedures prescribed in this rule and it is determined that the child care center, type A family child care home or school child care center has filed its application for license renewal within the timeframe and manner prescribed under section 5104.03 of the Revised Code but the Ohio department of job and family services (ODJFS) and the Ohio department of education (ODE) have not acted on the application for renewal, the CDJFS may still issue a validation number for a JFS 01140. The CDJFS shall verify licensure status by contacting the ODJFS field office licensing staff or ODE. The child care center, type A family child care home or school child care center, pursuant to section 119.06 of the Revised Code, is still able to operate as a licensed business pending licensure renewal by ODJFS or ODE.

(F) When the CDJFS is following validation procedures prescribed in this rule and it is determined that the child care center, type A family child care home, approved child day camp, or school child care center has not submitted its application for renewal within the timeframe and manner prescribed under section 5104.03 of the Revised Code, the CDJFS may still issue a validation number for a JFS 01140. The JFS 01140 shall be terminated on the same date the child care center’s, type A family child care home’s, or school child care center’s license expires, unless the center or type A family child care home has applied for and secured an initial license prior to the expiration date of the current license. The CDJFS shall verify licensure status by contacting the ODJFS field office licensing staff.

(G) Upon receipt of notification that the child care center, type A family child care home, school child care center, or approved child day camp has changed ownership or has moved to a new location, the CDJFS shall no longer issue a validation number based upon the licensure of the former owner or licensure at the former address. The CDJFS may issue a validation number when the new owner’s or current owner’s license has been issued by ODJFS or ODE.

(H) When ODJFS determines that a child care license, type A family child care home license or school child care center license will not be renewed or that an existing license will be revoked, ODJFS or ODE will notify the CDJFS of the department’s intent to deny the application or revoke the existing license. Upon receipt of such notification the CDJFS may share this information with the caretaker who can determine if they wish to continue using the JFS 01140 at the licensed center or type A family child care home pending the completion of the Chapter 119. administrative review process.

(I) If it is determined that a provider is not certified, licensed, or pending licensure renewal pursuant to paragraphs (E) and (F) of this rule, the CDJFS will not assign a validation number. The CDJFS shall contact the family and follow parental choice procedures as described in rule 5101:2-16-07 of the Administrative Code.

(J) The CDJFS shall maintain a list of providers, the validation numbers assigned to them and the date the validation number was issued to verify the authenticity of the certificate when submitted for payment.

(K) The provider shall provide all required information and submit the JFS 01140 according to instructions from the CDJFS.

(L) The provider shall not provide child care services until the validation number has been received from the CDJFS and the provider has entered the validation number and the date the validation number is received along with a signature on the JFS 01140.

(M) The provider shall sign and date the JFS 01140 after providing all child care services for the term of the contract and shall secure the signature and date of signature of the caretaker.

(N) Reimbursement for child care services provided shall be made only to the provider who presents a valid JFS 01140 or another form of billing for services recognized by the CDJFS. The CDJFS shall not reimburse the family receiving child care services.

(O) Payment of the JFS 01140 shall be made to the provider according to the normal cycle of payments authorized by the CDJFS.

(P) Payment to the provider shall be made at the lower of the rate customarily charged by the provider or the reimbursement ceiling established by ODJFS pursuant to rule 5101:2-16-41 of the Administrative Code, minus the family’s copayment if required under rule 5101:2-16-39 of the Administrative Code.

(Q) Payment for services authorized by the JFS 01140 shall be contingent upon the availability of state and federal funds.

(R) Providers who provide child care services under the JFS 01140 are required to:

(1) Secure and maintain appropriate licensure or certification.

(2) Retain all records pertaining to the provision and reimbursement of child care services under the JFS 01140 for at least three years after the end of the period covered by the JFS 01140 or until the conclusion of any legal or fiscal action involving the records which was initiated prior to the end of the three year period.

(3) Make records available at all reasonable times for inspection, review or auditing by any county, state or federal entity.

(4) Maintain such reports in the form and containing such documentation or information deemed necessary by the CDJFS and/or ODJFS as supported by federal and/or state reporting requirements in statute or rule.

Effective: 07/01/2008

R.C. 119.032 review dates: 02/01/2012

Promulgated Under: 119.03

Statutory Authority: 5104.38, 5104.30

Rule Amplifies: 5104.32

Prior Effective Dates: 10/1/92, 9/1/93, 10/15/96, 1/1/99, 5/12/02, 7/1/03, 2/1/07

(A) Child care providers and caretakers are responsible for making an accurate, complete and timely disclosure of all information necessary for the county department of job and family services (CDJFS) to determine the following:

(1) The caretaker’s eligibility for child care benefits, which includes authorized hours for child care services, and a copayment.

(2) Reimbursement for the provider.

(B) A child care improper payment is:

(1) Child care benefits received by a caretaker but for which the caretaker was not eligible, and for which the CDJFS has reimbursed the child care provider. Child care benefits include child care services received by the caretaker, the caretaker’s monthly child care copayment, and other fees paid erroneously by the CDJFS but owed by the caretaker. The caretaker is responsible for repayment of the overpayment to the CDJFS.

(2) Child care payments made the CDJFS to a child care provider for which the provider was not entitled. The provider is responsible for repayment of the overpayment to the CDJFS.

(C) Child care overpayments may occur as a result of the following:

(1) An error on the part of the caretaker and/or the provider or the caretaker’s and/or the provider’s intentional withholding of falsification of information or misuse of child care services.

(2) Billing for inappropriate services by the provider.

(3) Receipt of child care benefits by a caretaker pending the outcome of a state hearing or receipt of child care benefits by a provider pending the outcome of a county conference.

(4) An error by the CDJFS.

(D) The CDJFS is responsible for ensuring that the caretaker receives a complete written explanation regarding the following:

(1) Procedures for application and determination of eligibility.

(2) Factors which determine eligibility such as, family income, family size, ages of family members and the caretaker’s hours of employment, training or education.

(3) The caretaker’s responsibility for reporting changes of information which affect eligibility, in accordance with rule 5101:2-16-35 of the Administrative Code.

(4) The consequences to the caretaker of failure to accurately and completely report information or changes. These consequences may include:

(a) An overpayment of child care benefits which the caretaker received but for which the caretaker was not eligible.

(b) Termination or denial of child care benefits.

(c) Penalty of fine and/or imprisonment if a court action renders a finding that the caretaker fraudulently received child care benefits for which the caretaker was not eligible.

(E) The CDJFS is responsible for ensuring that child care providers receive a complete written explanation regarding the following:

(1) The CDJFS requirements and procedures for correct and timely reimbursement of child care services.

(2) The provider’s responsibility for reporting to the CDJFS knowledge of a caretaker’s withholding or falsification of information or misuse of child care services.

(3) The provider’s responsibility for billing of appropriate services.

(4) The consequences of improper payments which may result in:

(a) Repayment by the provider of an overpayment which the provider received but for which the provider was not entitled.

(b) Revocation of the provider’s certificate.

(c) Penalty of fine and/or imprisonment if a court action renders a finding that the provider fraudulently received payments from the CDJFS for which 5101:2-16-71 2 the provider was not entitled.

(F) The CDJFS shall include procedures for the recovery of child care overpayments within its agency plan for the recovery of overpayments. These procedures shall include all of the following:

(1) A requirement for a repayment agreement between the CDJFS and the caretaker using the JFS 01151 “Notice of Child Care Overpayment” (rev. 1/2007).

(2) A requirement for repayment agreement between the CDJFS and the child care provider.

(3) A requirement that cases will be referred to the county prosecutor.

(G) The CDJFS shall provide notice to a caretaker or a provider that an overpayment has been identified using the JFS 01151.

(H) The CDJFS shall propose termination of child care benefits if the caretaker fails to repay in full a child care overpayment or fails to enter into or comply with an agreement with the CDJFS to repay a child care overpayment. The appropriate hearing notice pursuant to division 5101:6 of the Administrative Code shall be followed. Ineligibility for child care benefits shall continue as long as:

(1) Repayment of an overpayment is owed to the CDJFS.

(2) The caretaker fails to enter into or comply with an agreement with the CDJFS to repay a child care overpayment. The agreement shall be satisfactory to both the caretaker and the CDJFS.

(I) The CDJFS shall revoke the provider’s certificate if the provider fails to repay a child care overpayment. The provider shall not reapply for certification for at least one year from the revocation date. Denial of certification shall continue until the repayment in full is made to the CDJFS.

(J) The CDJFS shall report overpayments which are identified as required on the JFS 02827 “Monthly Financial Statement” (rev. 11/2000) and the “Child Care Information System” (CCIDS/3299).

(K) The CDJFS, in cooperation with the county prosecutor, shall develop and implement procedures that the CDJFS shall follow for the investigation and/or prosecution of alleged child care fraud and the recovery of child care overpayments. The CDJFS shall update these procedures as necessary.

(L) Fraud is the willful withholding or falsification of information, or the misuse of child care services by the caretaker and/or the provider with an intent to deceive or defraud, resulting in the acceptance of or the delivery of services, and/or the receipt of payment for which the caretaker and/or provider are not entitled, as determined by a court of law.

(1) When the caretaker has been convicted of fraud, as determined by a court of law, or when the caretaker admits to the CDJFS to knowingly receiving child care benefits for which the caretaker was not eligible, the CDJFS shall terminate child care benefits and ineligibility for subsidized child care shall continue until full repayment has been made. All appropriate provisions of the state hearing notice as required in division 5101:6 of the Administrative Code must be followed.

(2) When the child care provider has pleaded guilty to committing fraud or has been convicted of fraud, as determined by a court of law, the CDJFS shall promptly take the following actions:

(a) Revoke the type B family child care home certificate or in-home aide certificate according to the procedures set forth in rule 5101:2-14-06 of the Administrative Code.

(b) Terminate the JFS 01224 “Contract for Purchase of Publicly Funded Child Care Services” (rev. 01/2008).

(c) Terminate the JFS 01140 “Certificate for Authorization for Payment of Publicly Funded Child Care Services (COAP)” (rev. 1/2007).

(d) Notify the Ohio department of job and family services (ODJFS) child care licensing section or the Ohio department of education (ODE) district licensing section in writing of any findings of fraud, determined by a court of law, involving a licensed child care facility.

Effective: 07/01/2008

R.C. 119.032 review dates: 02/01/2012

Promulgated Under: 119.03

Statutory Authority: 5104.38

Rule Amplifies: 5104.37, 5104.38

Prior Effective Dates: 6/3/96, 10/1/97 (Emer.), 12/30/97, 1/1/02, 2/1/07

Rescinded eff 9-30-07

Rescinded eff 2-1-07

Rescinded eff 2-1-07