Chapter 5101:2-23 Early Learning Initiative (ELI)

(A) The early learning initiative will no longer exist as of August 23, 2009. This rule will be in effect until August 22, 2009.

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

(C) “Caretaker” means an individual who is age eighteen or older and who is responsible for the care of a minor child. A caretaker must meet one of the following definitions of relationship to the child to apply for ELI:

(1) Related to the child by blood or adoption as follows:

(a) Parents, grandparents, including grandparents with the prefix “great,” “great-great” or “great-great-great.”

(b) Siblings.

(c) Aunts, uncles, nephews, nieces, including such relatives with the prefix “great,” great-great,” “grand” or great-grand.”

(d) First cousins and first cousins once removed.

(2) Related to the child as a step-parent of a step-sibling.

(3) Related to the child as a spouse or a former spouse of individuals named in paragraphs (B) (1) and (B) (2) of this rule.

(4) A guardian of a child as defined in this rule.

(5) A custodian of a child as defined in this rule.

(6) A foster parent of a child.

(D) “Compulsory school age” is the same as it is defined in section 3321.01 of the Revised Code.

(E) “Copayment” is the amount that a caretaker must pay to the ELI provider in each copayment calendar month. Copayment amounts are listed in the appendix to rule 5101:2-23-05 of the Administrative Code.

(F) A “custodian” means an individual who has legal custody, as defined in section 2151.011 of the Revised Code, of a minor child or comparable status over a minor child created by a court of competent jurisdiction in another state.

(G) The “early learning initiative (ELI)” is a collaboration between the Ohio department of education (ODE) and the Ohio department of job and family services (ODJFS) that is designed to provide children, who are often at risk of school failure, with educational experiences that will help them enter kindergarten ready for success. ELI will offer eligible children full-day and part-day early learning services and family supports for health, nutrition, social services and child care in center-based and family home programs.

(H) An “ELI contracted agency” is an agency that has entered into a contract agreement with ODE and ODJFS to coordinate and provide ELI services to an allotted number of children. An ELI contracted agency has the same meaning as “early learning provider”.

(I) An “ELI provider” is one of the following:

(1) An ELI contracted agency that provides ELI services.

(2) An entity that has entered into an agreement with an ELI contracted agency to provide ELI services.

(3) An ELI provider shall be a child care center or preschool licensed by ODJFS or ODE, a type A child care home licensed by ODJFS or a certified type B child care home certified by the county department of job and family services (CDJFS).

(J) “Enrolled” means that a child, who is authorized to receive ELI benefits in a pay cycle, receives ELI services for at least one-half hour during that pay cycle.

(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 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) A “foster parent” is a person holding a valid foster home certificate that has been issued by ODJFS.

(N) “Full-time” means a child receives one hundred or more hours of authorized ELI services in a pay cycle.

(O) A “guardian” means an individual that is granted authority by a probate court pursuant to Chapter 2111. of the Revised Code, or a court of competent jurisdiction in another state, to exercise parental rights over a minor child to the extent provided in the court’s order and subject to residual parental rights of the minor child’s parents.

(P) The “hourly rate” for ELI services is the amount specified in rule 5101:2-23-09 of the Administrative Code for payment of authorized ELI services for fewer than the part-time hours defined in this rule.

(Q) “Income” means gross countable income as defined in rule 5101:2-23-07 of the Administrative Code.

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

(S) “Part-time” means a child receives fifty-five to ninety-nine and one-half hours of authorized ELI services in a pay cycle.

(T) A “pay cycle” means a four-week period of ELI services.

(U) “Preschool child” means a child who is at least three years of age but not of compulsory school age as defined in this rule.

(V) “Reimbursement rate” is the maximum dollar amount that ODJFS may pay an ELI contracted agency for ELI services to an eligible child.

Effective: 07/23/2009

Promulgated Under: 119.03

Statutory Authority: 5104.34, 5104.38, 5104.39

Rule Amplifies: 5104.34, 5104.38, 5104.39

Prior Effective Dates: 7/2/07, (Emer.), 9/30/07

(A) The early learning initiative will no longer exist as of August 23, 2009. This rule will be in effect until August 22, 2009.

(B) County departments of job and family services (CDJFS) shall determine a child’s eligibility for ELI.

(C) The Ohio department of education (ODE) selects all ELI agencies. ELI agencies enter into a contract with ODE and the Ohio department of job and family services (ODJFS). ODJFS will provide each CDJFS with a list of approved ELI contracted agencies and any providers.

(D) Caretakers may choose from all available ELI providers. The CDJFS shall make available a current list of ELI providers.

(E) The CDJFS shall enter into a memorandum of understanding (MOU) with each ELI contracted agency no later than thirty calendar days following the date a child is authorized to attend the ELI program. The MOU shall document the procedures agreed to between the CDJFS and the ELI contracted agency for the effective administration of ELI program eligibility. The MOU shall be reviewed and amended as needed. The MOU shall contain, at a minimum, the following information:

(1) The procedure by which a caretaker is notified of a child’s eligibility or ineligibility for ELI, including identification of the forms that are used in the eligibility process.

(2) The procedure by which the ELI contracted agency is notified of a child’s eligibility or ineligibility for ELI services, including the name of the child, the date of initial eligibility, the date eligibility ends, the amount of the copayment and the period of eligibility.

(3) Timelines for the exchange of information between the CDJFS and the ELI contracted agency regarding a child’s eligibility or ineligibility and what information must be exchanged.

(4) An agreement that the CDJFS will request a release of information from the caretaker so that the CDJFS may share eligibility information with the ELI contracted agency.

(F) The CDJFS shall complete the eligibility determination for ELI services no later than fifteen calendar days from the date the CDJFS has a completed application. An application is complete when the CDJFS has received all necessary documentation required by rule 5101:2-23-05 of the Administrative Code.

(G) ELI eligibility shall be authorized for twelve months. The CDJFS shall complete a redetermination of eligibility by the end of the twelve-month period in order for ELI benefits to continue. 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 child’s eligibility must be redetermined. The caretaker shall submit a current, completed and signed 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 ELI benefits. The CDJFS shall use the JFS 04065 “Prior Notice of Right to A State Hearing” (rev. 5/2001) and shall mail or personally deliver this notice to the caretaker no fewer than fifteen calendar days prior to the date of the proposed termination.

(H) The CDJFS shall notify the ELI contracted agency, in writing, within five business days from the date the CDJFS determines that a child is eligible or no longer eligible for ELI services.

(I) The CDJFS shall end an authorization to an ELI provider at the request of a caretaker or at the request of an ELI provider. The CDJFS shall not terminate a child’s eligibility prior to the end of the twelve-month authorization period unless the CDJFS is following the requirements of rule 5101:2-23-05 of the Administrative Code.

(J) The CDJFS shall enter data, online or by upload, into the “Child Care Information Data System” (CCIDS/3299) data system for children determined eligible or ineligible for ELI services, using pay source code 173, no later than five business days following the date the CDJFS determines eligibility or ineligibility, unless otherwise approved by ODJFS.

(K) The CDJFS shall report to ODJFS any overpayments resulting from a child’s ineligibility for ELI services. The CDJFS shall follow the requirements in rule 5101:2-23-11 of the Administrative Code regarding the recovery of overpayments that are a result of caretaker error. ODJFS shall provide data to the CDJFS regarding reimbursement made to a provider in order to assist the CDJFS in determining the amount of the overpayment.

(L) Overpayments which are recovered by the CDJFS shall be reported as required on the JFS 02827 “Monthly Financial Statement” (rev. 11/2000).

(M) The CDJFS shall retain all ELI records for a minimum of three years or until an audit is completed, if one has been initiated within the three-year period.

Effective: 07/23/2009

Promulgated Under: 119.03

Statutory Authority: 5104.34, 5104.38, 5104.39

Rule Amplifies: 5104.34, 5104.38, 5104.39

Prior Effective Dates: 7/2/07 (Emer), 9/30/07

(A) The early learning initiative will no longer exist as of August 23, 2009. This rule will be in effect until August 22, 2009. Notwithstanding other provisions of this rule, county departments of job and family services (CDJFS) shall not accept new ELI applications on or after July 23, 2009.

(B) Application for early learning initiative (ELI) benefits.

(1) A caretaker shall apply for ELI benefits for a child by completing the JFS 01155 “Application for Early Learning Initiative (ELI) Benefits” (rev. 7/2008) and submitting the application to the county department of job and family services (CDJFS) in the county in which the caretaker resides.

(2) The caretaker shall reside in the same home as the child.

(C) The CDJFS shall provide the caretaker with the following information during the application process:

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

(2) A copy of the rights and responsibilities section of the JFS 01155 that is signed and dated by the caretaker .

(D) The CDJFS shall document the date an ELI application is received. Eligibility for ELI services shall begin on the date the CDJFS receives an application or the date the child is three years of age, whichever is later. Eligibility shall continue for twelve months, and end on the last day of the pay cycle in the twelfth month of eligibility.

(E) If the caretaker fails to provide all information and documentation necessary to complete the eligibility determination within fifteen calendar days from the date the CDJFS receives an application, the application shall be denied.

(F) When providing notice of approval for ELI services the CDJFS shall use the JFS 04074 “Notice of Approval of Your Application for Assistance” (rev. 2/2009). When providing notice of denial for ELI services the CDJFS shall use the JFS 07334 “Notice of Denial of Your Application for Assistance” (rev. 2/2009). If the child is determined to be ineligible, the Ohio department of job and family services (ODJFS) shall not be responsible for the cost of services rendered by the provider.

(G) The CDJFS shall include the amount of the copayment on the JFS 04074 that the caretaker shall pay to the ELI provider according to the copayment calendar in the appendix to this rule entitled “ELI Copayment Calendar SFY 2009.” Copayment amounts are shown in the appendix to this rule entitled “ELI Copayment Chart – SFY09.”

(1) A caretaker who receives both publicly funded child care, as defined in rule 5101:2-16-01 of the Administrative Code, and ELI benefits shall have one copayment. This copayment shall be paid to the child care provider.

(2) No copayment is required for a caretaker whose income is at or below the amount shown for no copayment required in the appendix to this rule entitled “Maximum Gross Monthly Income Per Family Size for the Early Learning Initiative.”

(H) A caretaker who receives both publicly funded child care, as defined in rule 5101:2-16-01 of the Administrative Code, and ELI services shall have one copayment. This copayment shall be paid to the child care provider.

(I) No copayment is required for a caretaker whose income is at or below the amount shown for no copayment required in the appendix to this rule entitled “Maximum Gross Monthly Income Per Family Size for the Early Learning Initiative.”

(J) When a caretaker who has a copayment reports a change in income that reduces the amount of the copayment, the CDJFS shall make this change for the next copayment.

(K) When the copayment is delinquent more than ten calendar days, the ELI provider shall submit a record of delinquent copayments to the CDJFS, no later than fifteen calendar days from the last date of the ELI copayment calendar month.

(L) The caretaker shall not be responsible for payment of any fees to the ELI provider other than the applicable copayment.

(M) The CDJFS is not required to conduct a face-to-face interview with the caretaker if the information required by the JFS 01155 to determine the child’s eligibility for ELI benefits is already on file with the CDJFS and/or the required information can be obtained through another method.

(N) The CDJFS shall propose denial of an application or termination of a child’s eligibility for ELI services 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 child does not meet all eligibility requirements.

(2) The caretaker fails to cooperate in determining eligibility for the child.

(3) The caretaker fails to pay the required copayment to the ELI provider, unless the caretaker has an agreement with the provider to pay delinquent copayments.

(4) The caretaker fails to enter into or comply with an agreement with the CDJFS to repay an ELI overpayment.

(O) The CDJFS shall determine the child’s eligibility for ELI services when the caretaker meets all of the following requirements:

(1) The caretaker has submitted a completed JFS 01155 to the CDJFS.

(2) The caretaker’s income does not exceed the maximum monthly amount shown for initial eligibility in the appendix to this rule.

(3) The child is at least three years of age but not of compulsory school age as defined in rule 5101:2-23-01 of the Administrative Code.

(P) A child who is in receipt of child-only OWF cash assistance may be eligible for ELI. The requirements of paragraph (O)(2) of this rule do not apply to the eligibility determination of this child. No copayment shall be assigned for this child.

(Q) A child who is in the custody of a public children services agency or a private child placing agency may be eligible for ELI.

(R) If the caretaker or child moves to another county:

(1) The caretaker shall notify the CDJFS in the new county, within thirty calendar days, that ELI services need to continue for the period authorized by the original CDJFS.

(2) The new CDJFS shall request all necessary information from the original CDJFS.

(3) If the caretaker does not notify the CDJFS in the new county within thirty calendar days, the original CDJFS shall propose termination of ELI services by use of the JFS 04065 “Prior Notice of Right to a State Hearing” (rev. 5/2001). In this situation, termination or proposed termination of ELI services shall not affect the caretaker’s ability to reapply for ELI.

(S) ELI services shall be provided only Monday through Friday.

(T) A child may receive ELI services from only one ELI provider at any one time.

APPENDIX

MAXIMUM MONTHLY GROSS INCOME PER FAMILY SIZE FOR THE EARLY LEARNING INITIATIVE (ELI)

See Appendix at http://www.registerofohio.state.oh.us/pdfs/5101/2/23/5101$2-23-05_PH_EM_AE_APP1_20090723_1302.pdf

Appendix to rule 5101:2-23-05

ELI Copayment Chart – SFY09

See Appendix at http://www.registerofohio.state.oh.us/pdfs/5101/2/23/5101$2-23-05_PH_EM_AE_APP2_20090723_1302.pdf

Appendix to rule 5101:2-23-05

ELI Copayment Calendar – SFY 09

See Appendix at http://www.registerofohio.state.oh.us/pdfs/5101/2/23/5101$2-23-05_PH_EM_AE_APP3_20090723_1302.pdf

Effective: 07/23/2009

Promulgated Under: 119.03

Statutory Authority: 5104.34, 5104.38, 5104.39

Rule Amplifies: 5104.34, 5104.38, 5104.39

Prior Effective Dates: 7/1/04, 7/1/05 (Emer.), 9/26/05, 11/21/05 (Emer.), 2/16/06, 7/1/06, 2/1/06, 7/2/07 (Emer.), 9/30/07, 7/1/08

(A) The early learning initiative will no longer exist as of August 23, 2009. This rule will be in effect until August 22, 2009.

(B) The following sources of income shall be used when the county department of job and family services (CDJFS) determines eligibility for early learning initiative (ELI) benefits.

(1) The total amount of gross earned income received in a month by all of the employed individuals in the family. Gross earned income includes gross earnings received by an employee and gross earnings from self employment.

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

(i) 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 the parent.

(ii) Alimony 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.

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

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

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

(vi) Earnings received under the Domestic Volunteer Service Act of 1973 for participation in the Americorps vista program.

(vii) 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.

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

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

(2) The total amount of unearned income received in the month by individuals in the family. Unearned income is income that is not income earned as an employee or is not income earned from self-employment. 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.

(a) Income which is excluded from unearned income includes:

(i) SSI payments.

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

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

(iv) 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.

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

(vi) Alimony paid due to a court order.

(vii) 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.

(viii) 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.

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

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

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

(xii) 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.

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

(xiv) Home energy assistance support and maintenance paid in cash or in-kind under public laws 97-377, 97-424 and 98-21.

(xv) Income tax refunds.

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

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

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

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

(xx) The value of food stamp allotments.

(xxi) 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 prevention, retention and contingency (PRC) payments not defined as cash assistance.

(xxii) 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.

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

(C) Calculation of family monthly income:

(1) When determining eligibility and copayment for ELI benefits, the CDJFS shall calculate the family’s monthly income.

(2) Each family member’s gross monthly income 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, that is 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 CDJFS must average the income received in the preceding four weeks, whenever possible.

(c) If the income from the prior four week period is not representative of current or future income, the CDJFS 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) More than four weeks of pay stubs are 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 CDJFS 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 CDJFS 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) Fewer than four weeks of pay stubs are available. The CDJFS 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) No pay stubs are available because the employment is new. The applicant shall provide written documentation from the employer and 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 calculation of income from self-employment, the CDJFS must determine the gross earnings for the month based on an estimate of the individual’s gross annual earnings.

(a) Whenever possible, the CDJFS 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 CDJFS shall accept the individual’s best estimate. Using the individual’s best estimate of income for the current taxable year, the CDJFS shall allocate one-twelfth of the gross annual income equally into each month of the taxable year.

(c) If the individual contests the CDJFS’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 CDJFS 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 CDJFS shall project an estimate of the individual’s annual gross earnings from self-employment based on the individual’s current business records. The CDJFS 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 CDJFS shall require the individual to provide a written best estimate of his projected annual income and expenses. The CDJFS 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.

(D) Documentation and verification of family gross monthly income.

(1) The CDJFS must document and verify all sources of income and maintain copies with the application. If copies of documents cannot be obtained, the CDJFS must describe the document viewed and the pertinent information contained in the document.

(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, the CDJFS shall contact the employer to verify the income. The CDJFS may contact individuals or agencies for verification of income if a signed JFS 01155 “Application for Early Learning Initiative (ELI) Benefits” (rev. 7/2008) or other signed written consent from the caretaker is on file.

(3) The caretaker must provide documentation of the source and amount of any income received unless such information is already available to the CDJFS. Failure to cooperate with documenting 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 fifteen days from the date of application, the application shall be denied. Denial of an application does not prohibit the caretaker from reapplying for ELI benefits.

Effective: 07/23/2009

Promulgated Under: 119.03

Statutory Authority: 5104.34, 5104.38, 5104.39

Rule Amplifies: 5104.34, 5104.38, 5104.39

Prior Effective Dates: 7/2/07 (Emer.), 9/30/07, 7/1/08

(A) The early learning initiative will no longer exist as of August 23, 2009. This rule will be in effect until August 22, 2009.

(B) ELI contracted agencies shall receive reimbursement for services provided under contract with ODJFS and the Ohio department of education (ODE).

(C)

(D) The ELI contracted agency or the provider of ELI services shall maintain a daily attendance record for each child documenting the hours of ELI services provided.

(1) The daily attendance record shall document the actual time a child enters the program and the actual time the child leaves the program.

(2) The child’s caretaker or the caretaker’s designee shall sign and date the attendance record to verify the times and dates of the ELI services. The attendance record shall be signed and dated on or after the last day of a child’s attendance in the period of the attendance record.

(3) The caretaker’s or the caretaker’s designee’s signature on the attendance record shall show a legible and complete first and last name.

(4) The signature shall be obtained at least once in each pay cycle.

(5) The signature shall follow all recorded attendance for the caretaker’s child.

(6) Any child’s attendance record that does not include an entire pay cycle on one page shall require the caretaker’s or the caretaker’s designee’s signature at least once on each page where attendance is recorded for the child.

(E) Reimbursement shall be made by means of electronic funds transfer (EFT).

(F) Reimbursement shall be made in accordance with the slot allocation method approved by ODJFS and ODE.

Appendix to rule 5101:2-23-09

ELI Pay Cycle Calender SFY 2009

See Appendix at http://www.registerofohio.state.oh.us/pdfs/5101/2/23/5101$2-23-09_PH_EM_AE_APP1_20090723_1302.pdf

Effective: 07/23/2009

Promulgated Under: 119.03

Statutory Authority: 5104.34, 5104.38, 5104.39

Rule Amplifies: 5104.34, 5104.38, 5104.39

Prior Effective Dates: 7/1/05 (Emer.), 9/26/05, 1/13/06 (Emer.), 4/13/06, 2/1/07, 3/30/07 (Emer.), 6/28/07, 7/2/07 (Emer.), 9/30/07, 7/1/08

(A) The early learning initiative will no longer exist as of August 23, 2009. This rule will be in effect until August 22, 2009.

(B) Overpayments may occur when a child receives ELI services for which the child was not eligible, or when an ELI contracted agency receives payment for services for which it was not entitled. The county department of job and family services (CDJFS) or the Ohio department of job and family services (ODJFS) shall recover overpayments from the child’s caretaker or from the ELI agency.

(1) The CDJFS is responsible for the accurate determination of the child’s eligibility for ELI benefits.

(2) The caretaker is responsible for making an accurate and complete disclosure of all information necessary to determine the child’s eligibility.

(3) The CDJFS is responsible for providing the caretaker with a complete written explanation of the following:

(a) The procedures for application and determination of eligibility.

(b) The factors which are used to determine eligibility.

(c) The process for repayment of an overpayment of ELI benefits which the child received but for which the child was not eligible, including the consequences of the caretaker’s failure to repay the overpayment according to the terms of a repayment agreement.

(d) The consequences to the caretaker following a conviction for the fraudulent receipt of ELI benefits.

(4) The ELI contracted agency is responsible for making an accurate, complete and timely disclosure of all information necessary for ODJFS to correctly reimburse for ELI services rendered.

(5) The CDJFS, in cooperation with the county prosecutor, shall develop and implement procedures for the CDJFS to investigate overpayments made for a child to an ELI contracted agency. The plan shall be updated as necessary and shall include:

(a) Procedures for the recovery of any overpayment.

(b) Procedures for providing the contracted agency an opportunity for dispute resolution within fifteen business days of receiving the request.

(C) Fraud is the willful withholding or falsification of information, or the misuse of ELI benefits 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 or the ELI provider are not entitled, as determined by a court of law.

(1) The CDJFS, in cooperation with the county prosecutor, shall determine which cases of caretaker overpayments will be referred for further action.

(2) 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 ELI benefits for which the child was not eligible, the CDJFS shall terminate ELI services 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.

(D) ODJFS shall inform ELI contracted agencies of any overpayment and shall include an explanation of the appeal process if an agency disputes the finding of overpayment.

(E) ODJFS shall notify the Ohio department of education (ODE) in writing of any findings of fraud involving the ELI agency.

(F) The ELI agency is responsible for reporting to the CDJFS if it has knowledge of a child’s ineligibility, or if it has knowledge that the caretaker has withheld or falsified information or has misused ELI services. The manner of this communication shall be contained in the memorandum of understanding (MOU) as described in rule 5101:2-23-03 of the Administrative Code.

(G) When ODJFS has identified an overpayment, following a request from the CDJFS on the JFS 01154 “Early Learning Initiative (ELI) CDJFS Request to Adjust 3299 Data” (7/2007) to change a child’s authorization period in the “Child Care Information Data System” (CCIDS)/3299 data system, ODJFS will provide the attendance reported by the ELI agency and the overpayment amount to the CDJFS on the JFS 01157 “Early Learning Initiative (ELI) Notice to CDJFS of ELI Overpayment” (rev. 9/2007). The CDJFS shall complete and return the JFS 01157 to ODJFS within five business days.

(H) The CDJFS shall report overpayments monthly by submitting the JFS 01165 “ELI Overpayment Tracking Data” (rev. 9/2007) to ODJFS.

Effective: 07/23/2009

Promulgated Under: 119.03

Statutory Authority: 5104.34, 5104.38, 5104.39

Rule Amplifies: 5104.34, 5104.38, 5104.39

Prior Effective Dates: 7/1/06, 7/2/07, 9/30/07