5101:2-16-35.1 Caretaker eligibility requirements to qualify for publicly funded child care benefits.

(A) The caretaker shall complete and submit the JFS 01138 "Application for Child Care Benefits" (rev. 1/2014) to the county agency in the county in which the caretaker resides. The caretaker shall submit all supporting documentation within thirty calendar days from the date the county agency receives the JFS 01138. The application process shall be considered complete when the caretaker has submitted:

(1) The JFS 01138 with a name, address and signature.

(2) Verification of citizenship or qualified alien status for children in need of care.

(3) Verification of income for all household members pursuant to rule 5101:2-16-34 of the Administrative Code.

(4) Verification of a qualifying activity for all caretakers.

(5) The name and address of an eligible provider chosen for each child in need of care.

(B) Payment shall be made for authorized child care services provided between the date the county agency receives an application and the date the caretaker is determined to be eligible.

(C) Payment may be made for child care services provided for the period of time between the date the county agency receives the application and the date of denial plus five days if:

(1) A complete application, as defined in paragraph (A) of this rule, was submitted;

(2) The child in care is age eligible; and

(3) The caretaker was not previously approved for paid publicly funded child care services after denial, in the previous twelve months.

(D) A child may be authorized to no more than two providers in a week.

(E) Authorizations shall be made as follows:

(1) If a caretaker is eligible for full-time weekly, a child may receive one full-time authorization, one full-time and one part-time authorization, one full-time and one hourly authorization, two part-time authorizations, one part-time and an hourly authorization or one or two hourly authorizations.

(2) If a caretaker is eligible for part-time weekly, a child may receive one or two part-time authorizations, one part-time and one hourly authorization or one or two hourly authorizations.

(3) If a caretaker is eligible for hourly, a child may receive one or two hourly authorizations.

(4) If a caretaker is eligible for full-time weekly plus, a child may receive one full-time plus authorization, one full-time plus and one part-time authorization, one full-time plus and one hourly authorization, one full-time and one part-time authorization, one full-time and one hourly authorization, two part-time authorizations or one part-time and one hourly authorization.

(F) If the caretaker is eligible for full-time care, but the school-age child is only authorized for part-time care because of time spent at school during the school year, this authorization may be used for full-time care for weeks that include additional hours of care on days the child's school is not scheduled to be in session during the school year.

(G) If the caretaker is eligible for part-time care, but the school-age child is only authorized for hourly care because of time spent at school during the school year, this authorization may be used for part-time care for weeks that include additional hours of care on days the child's school is not scheduled to be in session during the school year.

(H) Authorizations not utilized for thirty-one consecutive days shall be ended.

(I) A caretaker shall use the child care electronic swipe card upon entry to and exit from the provider's location. Use of the swipe card will automatically track attendance for each child at each authorized provider.

(J) An eligible caretaker or the caretaker's designee are the only people permitted by the Ohio department of job and family services (ODJFS) to use the swipe card to record a child's attendance. The personal identification number (PIN) created by the caretaker serves as the caretaker's electronic signature. The caretaker's designee shall not be the provider nor a person acting in any capacity for the provider. Misuse of the child care electronic swipe card may result in termination of a caretaker's eligibility.

(K) A child can receive care only from a provider who has a provider agreement with the ODJFS and who has been authorized by the county agency to provide care for the child.

(L) The caretaker shall make all assigned copayments to the provider.

(M) A caretaker shall not receive publicly funded child care from a provider who resides in the same household as the child and caretaker.

(N) If the caretaker is the owner or an owner's representative of a licensed child care center or type A home, the caretaker's children shall not be authorized to that center or type A home.

(O) If the caretaker is the employee of a licensed type A home or licensed type B home the caretaker's children shall not be authorized to that licensed type A or type B home.

(P) If the caretaker is the provider or provider's assistant in a licensed type B home, the caretaker's children shall not be authorized to that licensed type B home.

(Q) A caretaker receiving child care benefits shall report to the county agency any changes which affect the caretaker's eligibility for child care benefits, including the name of the provider the caretaker has chosen, family income, employment, participation in program of education or training, household composition, relocation to another county or if a school-age child changes schools.

(1) The caretaker shall request any change that impacts their current authorization or authorization category prior to or within the service week that the new authorization is needed.

(2) The caretaker shall report changes within ten calendar days of the date the change occurs.

(3) If the caretaker fails to comply with the ten-day reporting requirement, the county agency will pursue a determination of and recovery of any overpayment.

(R) A caretaker shall notify the county agency if a child needs to be authorized to a new provider.

(S) A caretaker shall complete a redetermination application and provide all required supporting documentation to the county agency annually by the end of the current eligibility period.

Effective: 09/14/2014
R.C. 119.032 review dates: 05/01/2019
Promulgated Under: 119.03
Statutory Authority: 5104.34 , 5104.38
Rule Amplifies: 5104.01 , 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), 9/16/05, 2/1/07, 2/1/08, 7/1/09, 3/28/10, 5/1/11, 08/28/11, 5/4/14