5101:2-16-01.1 Emergency rule for payments to providers of publicly funded child care effective March 28, 2010.

(A) As used in this rule, "payment" means the distribution of public funds to an eligible provider for the provision of child care in accordance with Chapter 5104. of the Revised Code and Chapter 5101:2-16 of the Administrative Code.

(B) Notwithstanding the provisions of paragraph (J) of rule 5101:2-16-01, paragraph (A)(1) of rule 5101:2-16-44 and rule 5101:2-16-55 of the Administrative Code, any child care provider providing child care services without a JFS 01144"Provider Agreement for the Provision of Publicly Funded Child Care Services" (1/2010) with the Ohio department of job and family services (ODJFS) in effect as of the effective date of this emergency rule, may be eligible for payment in accordance with the terms of this rule. The provider shall meet each of the following requirements:

(1) The provider shall be an otherwise eligible child care provider under the provisions of Chapter 5104. of the Revised Code and Chapter 5101:2-16 of the Administrative Code.

(2) The provider shall have had an agreement to provide services as a child care provider with a county department of job and family services with a JFS 01224 "Contract for Purchase of Publicly Funded Child Care Services" in effect on March 26, 2010.

(3) The provider is not receiving or has not received payment for the services under the JFS 01224.

(C) Any provider's request for payment under authority of this emergency rule shall constitute the provider's express acceptance of an interim agreement with ODJFS governed by the provisions of Chapter 5104. of the Revised Code and Chapter 5101:2-16 of the Administrative Code.

(D) A provider shall have a JFS 01144 executed before May 1, 2010 in order to receive payment for any child care services provided after April 30, 2010.

(E) Any provider that does execute a JFS 01144 before May 1, 2010 will be paid in accordance with the terms of that agreement for the services that are provided, unless the provider has already received payment for these services.

l(F) This rule is being filed as an emergency rule to ensure the health and safety of children enrolled in Ohio's child care programs pursuant to the requirements of the federal child care development fund pursuant to 42 U.S.C. 9858 et seq. (August 22, 1996.)

Effective: 03/28/2010
Promulgated Under: 111.15
Statutory Authority: 5104.42
Rule Amplifies: 5104.32