5101:1-2-40.3 Refugee social services program: services.

This rule outlines the specific employment services and employability services and requirements for the refugee social services program (RSSP).

(A) What criteria must employment, employment services and employability services meet?

(1) Employment services and employability services may be provided by the county agency or a provider. A provider must agree to advise the county agency whenever a refugee fails or refuses to:

(a) Participate in required services, or

(b) Accept an offer of employment.

(2) In planning and providing RSSP services, the county agency must take into account those services which a resettlement agency is required to provide for a refugee whom it sponsors in order to ensure the provision of seamless, coordinated, non-duplicative services to refugees.

(3) RSSP services must be refugee specific services which are designed to meet individual refugee needs and lead to self sufficiency as quickly as possible. Vocational or job skills training, on the job training or English language training need not be refugee specific.

(4) RSSP services must be provided to the maximum extent feasible:

(a) In a manner that is culturally and linguistically compatible with a refugee's language and cultural background, and

(b) Include the use of bilingual/bicultural women on service agency staff to ensure adequate service access by refugee women.

(5) All assignments must be within the scope of the individual's employability plan, as described in rule 5101:1-2-40.4 of the Administrative Code.

(6) RSSP services or employment must be related to the capability of the individual to perform the tasks on a regular basis.

(7) The total daily commuting time to and from home to the service or employment site must not normally exceed two hours, not including the transporting of a child to and from a child care facility.

(8) When child care is required, the care must meet the standards set forth in rule 5101:1-3-12 of the Administrative Code.

(9) The service or work site to which the individual is assigned must not be in violation of applicable federal, state or local health and safety standards.

(10) Assignments must not be made which are discriminatory in terms of age, sex, race, creed, color or national origin.

(11) Appropriate work may be temporary, permanent, full-time, part-time or seasonal work if such work meets the other standards of this rule.

(12) The wage must meet or exceed the state or federal minimum wage law, whichever is higher.

(13) The daily hours of work and the weekly hours of work must not exceed those customary to the occupation.

(14) No individual may be required to accept employment if:

(a) The position offered is vacant due to a strike, lockout or other bona fide labor dispute; or

(b) The individual would be required to work for an employer contrary to the conditions of existing membership in the union governing that occupation. However, employment not governed by the rules of a union in which the refugee is a member may be deemed appropriate.

(15) The quality of training must meet local employers' requirements so that the individual must be in a competitive position within the local labor market.

(B) What services are required as part of a county agency's RSSP program?

(1) A county agency must arrange for the following employment services for RSSP participants:

(a) Development of a family self-sufficiency plan for each assistance group.

(b) Development of an employability plan for each RSSP participant.

(c) World of work and job orientation.

(d) Job clubs.

(e) Job workshops.

(f) Job development.

(g) Referral to job opportunities.

(h) Job search.

(i) Job placement and follow-up.

(2) Employability services, including:

(a) Employment-related case management services, including the determination of appropriate services to refer a refugee to, referral to such services and the tracking of the refugee's participation in such services.

(b) English language training, with an emphasis on English as it relates to obtaining and retaining a job.

(i) To avoid interference with employment, English language training must be provided to the fullest extent possible outside normal working hours.

(ii) English language training must be provided in a concurrent time period with employment or other employment-related services.

(iii) English language testing must be conducted to determine if the refugee is able to benefit from an available English language training program.

(a)Refugees who test at a level above the available level of English language training are exempt from further participation in English language training.

(b)Refugees who test at a level below the available level of English language training must participate in English language training.

(C) What additional services are allowed in the RSSP?

(1) A county agency may arrange for refugees to participate in additional services as outlined in the individual employability plan. Services must be designed to lead to the earliest possible employment and may include the following employability services:

(a) Employability assessment services, including aptitude and skills testing.

(b) On the job training, when such training is provided at the employment site and is expected to result in full-time, permanent, unsubsidized employment with the employer who is providing the training.

(c) Vocational training which meets the following requirements:

(i) The training does not exceed one year.

(ii) It is appropriate to local labor market needs and is of sufficient quality to meet the requirements of local employers.

(iii) It is provided to the fullest extent possible outside normal working hours to avoid interference with employment.

(d) Skills recertification services to help refugees qualify to practice their professions in the U.S. The training may consist of full-time attendance in a college or professional training program, provided that:

(i) The refugee is employed;

(ii) The training is part of the refugee's individual employability plan;

(iii) The training does not exceed one year's duration, including any time enrolled in such program in the U.S. prior to the refugee's application for assistance;

(iv) The training is specifically intended to assist refugees in becoming certified in their professions; and (v) If the training is completed, it can realistically be expected to result in such certification.

(e) Child care, when necessary for participation in an employment or employability service or for the acceptance or retention of employment.

(f) Transportation, when necessary for participation in an employment or employability service or for the acceptance or retention of employment. Drivers' education is an allowable service.

(g) Translation and interpreter services, when necessary in connection with employment or participation in an employment service or employability service.

(h) Assistance in obtaining employment authorization documents.

(2) Other social services may be provided to refugees with prior approval of the state refugee coordinator. Such services can include:

(a) Information and referral services.

(b) Outreach services, including activities designed to familiarize refugees with available services, and facilitate access to these services.

(c) The following emergency services:

(i) Assessment and short term counseling to refugees or families in a perceived crisis;

(ii) Referral to appropriate resources; or

(iii) Making arrangements for necessary services.

(d) Health-related services:

(i) Information and referral to appropriate resources;

(ii) Assistance in scheduling appointments and obtaining services; and

(iii) Counseling to refugees or families to help them understand and identify their physical and mental needs and maintain or improve their physical and mental health.

(e) Home management services:

(i) Formal or informal instruction to refugees or families in the management of household budgets;

(ii) Home maintenance;

(iii) Nutrition;

(iv) Housing standards;

(v) Tenants' rights; and

(vi) Other consumer education services.

(f) Child care, when necessary for participation in a service other than an employment or employability service.

(g) Transportation, when necessary for participation in a service other than an employability service.

(h) Translation and interpreter service, when necessary for a purpose other than in connection with employment or participation in an employability service.

(i) Case management services, when necessary for a purpose other than in connection with employment or participation in employability services.

(j) Citizenship and naturalization preparation services, including:

(i) English language training and civics instruction to prepare refugees for citizenship;

(ii) Application assistance for adjustment to legal permanent resident status and citizenship status;

(iii) Assistance to disabled refugees in obtaining disability waivers for English and civics requirements for naturalization; and (iv) The provision of interpreter services for the citizenship interview.

(k) Any additional service, aimed at strengthening and supporting the ability of a refugee individual, family or refugee community to achieve and maintain economic self-sufficiency, family stability or community integration which has been demonstrated as effective and is not available from any other funding source.

(D) What services are not allowed as part of the RSSP program?

(1) Vocational training programs that last for more than a year.

(2) Educational programs that are not intended to lead to employment within a year.

(3) Any services provided by a resettlement agency to a refugee as part of a reception and placement or matching grant program.

Replaces: 5101:1-2- 40.3

Effective: 09/01/2010
R.C. 119.032 review dates: 07/01/2015
Promulgated Under: 111.15
Statutory Authority: 5101.49
Rule Amplifies: 5101.49
Prior Effective Dates: 4/1/1983, 9/1/1984 (Emer.), 11/17/1984, 1/15/1989 (Emer.), 4/1/1989 (Emer.), 10/1/1989 (Emer.), 12/16/1989, 7/1/2005