5101:2-16-35 County department of job and family services (CDJFS) responsibilities for determining eligibility for publicly funded child care benefits.

(A) The caretaker shall apply for child care benefits by completing and signing the JFS 01138 "Application for Child Care Benefits" (rev. 8/2011) and submitting it to the county department of job and family services (CDJFS) in the county in which the caretaker resides. The caretaker shall sign and submit all supporting documentation within thirty calendar days from the date the CDJFS receives the JFS 01138.

(B) The CDJFS shall document the date the application is received and the date the application is completed with all required supporting documentation .

(C) The CDJFS shall determine eligibility no later than thirty calendar days from the date the CDJFS receives the application. The complete application and all required supporting documentation shall be retained in the agency's files.

(D) The CDJFS shall not require a face-to-face interview with the caretaker if the information required for determining the caretaker's eligibility for child care is already on file with the CDJFS and/or the required information can be obtained through other methods.

(E) If the CDJFS determines a caretaker eligible for child care benefits, the eligibility period may begin on the date the CDJFS received the application. The caretaker shall receive notice of approval for child care benefits by the JFS 04074 "Notice of Approval of Your Application for Assistance" (rev. 2/2009) or its computer-generated equivalent.

(F) If the CDJFS determines a caretaker ineligible for child care benefits or the caretaker fails to provide all required supporting documentation as required in paragraph (A) of this rule, the CDJFS shall deny the application. The caretaker shall receive notice of denial of an application for child care benefits by the JFS 07334 "Notice of Denial of Your Application for Assistance" (rev. 2/2009) or its computer-generated equivalent.

(G) 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 follow 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 signed copy of the caretaker's rights and responsibilities .

(H) Upon receipt of a JFS 01137 "The Child Care/Healthy Start and Healthy Families Supplement" (rev. 10/2006), the CDJFS shall:

(1) 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.

(I) Eligibility for child care shall be redetermined every twelve months.

(1) The caretaker will be notified in writing of the requirement to redetermine eligibility, no later than forty-five calendar days prior to the last day of the current eligibility period.

(2) The CDJFS shall redetermine eligibility by the last day of the current eligibility period.

(J) The CDJFS shall propose termination of child care benefits using the JFS 04065 "Prior Notice of Right to a State Hearing" (rev. 5/2001) or its computer-generated equivalent fifteen calendar days prior to the date of the proposed action if any of the following occur:

(1) The caretaker fails to submit a new JFS 01138 and all required supporting documentation by fifteen days prior to the end of the current eligibility period.

(2) The CDJFS determines the family is no longer eligible.

(3) The CDJFS has not processed a caretaker's completed, signed, and submitted JFS 01138 and all required supporting documentation by fifteen days prior to the end of the current eligibility period.

(K) If the CDJFS determines the caretaker eligible for child care benefits for a new twelve month period, the new twelve month period shall begin on the date following the last day of the current eligibility period. The CDJFS shall provide notice of approval for child care benefits using the JFS 04074 or it's computer-generated equivalent.

(L) If the CDJFS determines the caretaker ineligible for childcare benefits for a new twelve month period, the CDJFS shall provide notice of denial of an application for child care benefits using the JFS 07334 or it's computer-generated equivalent.

(M) The CDJFS shall assure that alternative methods 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 Ohio department of job and family services (ODJFS) child care web site at http://jfs.ohio.gov/cdc/families.stm, or via computer. The CDJFS may use and accept electronic records and electronic signatures as specified in Chapter 1306. of the Revised Code.

(N) 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 for current or for past benefits.

(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 by this rule.

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

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

(7) The caretaker owes a child care overpayment or the caretaker fails to make or comply with arrangements to repay a child care overpayment.

(O) 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 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. This scheduled break cannot exceed one quarter or one semester.

(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.

(P) 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.

(Q) If a caretaker moves to another county:

(1) If neither or only one county is using the statewide automated child care eligibility, authorization and payment system the following apply:

(a) 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.

(b) 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.

(2) If both counties are using the statewide automated child care eligibility, authorization and payment system, procedures outlined by ODJFS shall be followed for transferring a case to a new county.

(R) 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 caretaker within ten calendar days from the date the change of circumstance was reported by the caretaker.

(S) The CDJFS shall not authorize child care services if 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 for the child. This exception shall only apply to a family with more than one caretaker.

Effective: 08/28/2011
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, 2/1/08, 7/1/09, 3/28/2010