Chapter 5101:1-3 Ohio Works First

5101:1-3-01 Ohio works first : federal work participation rates.

(A) Conflict with Revised Code

(1) Section (5) of Amended Substitute Senate Bill 238 of the 126th General Assembly (09/06) sets forth the following provision: Not later than September 30, 2006, the director of job and family services shall adopt rules as necessary for the state to comply with 42 U.S.C. 607(i)(2) (08/96). If necessary to bring the state into compliance with 42 U.S.C. 607(i)(2) (08/96), the rules may deviate from Chapter 5107. of the Revised Code. Rules adopted under this section that govern financial and other administrative requirements applicable to the department of job and family services and county departments of job and family services shall be adopted in accordance with section 111.15 of the Revised Code as if they were internal management rules. All other rules adopted under this section shall be adopted in accordance with Chapter 119. of the Revised Code.

(2) The county agency shall administer the work activity programs in accordance with the requirements contained in this rule and not in accordance with sections 5107.40 , 5107.42 and 5107.44 of the Revised Code.

(3) All applicable requirements contained in the Revised Code sections referenced in paragraph (A)(2) of this rule have been incorporated in this rule.

(B) Federal work participation rates

(1) Each federal fiscal year each county agency must achieve the minimum federal work participation rates pursuant to 45 CFR 260.21 (10/08). The minimum federal work participation rates are ninety per cent for two-parent assistance groups and fifty per cent for all family assistance groups.

(2) For purposes of calculating federal work participation rates, the definitions set forth in this rule are applicable. In order to meet the definitions of two-parent assistance groups or all-family assistance groups as set forth in paragraphs (C) to (D) of this rule, the work-eligible individuals must be included in the assistance group. Learning, earning and parenting (LEAP) participation by a minor head of household, as defined in section 5107.02 of the Revised Code and rule 5101:1-1-01 of the Administrative Code, is included in the two-parent or the all-family assistance group definitions for federal work participation calculation purposes.

(C) Two-parent assistance group

(1) Definition

A two-parent assistance group includes at least one minor child and two natural or adoptive parents of the same minor child who are work-eligible individuals and living in the home. This includes a two-parent assistance group that is deemed to include a minor child when the only minor child is in receipt of supplemental security income (SSI) benefits, or is a child for whom federal, state, or local adoption assistance or foster care maintenance payments are made.

(2) Exception

When an assistance group contains two work-eligible parents of the same minor child, and one of the parents is disabled, the assistance group shall be excluded from the two-parent work participation requirements. Disability of a parent shall be deemed to exist when at least one parent has a physical or mental illness or impairment. The disability shall be supported by competent medical documentation and must be of such a debilitating nature as to reduce substantially or eliminate the parent's ability to work. The disability must be expected to last for a period of at least thirty days. A finding of eligibility for retirement, survivor's, and disability insurance (RSDI) or SSI benefits based on disability or blindness is acceptable proof of a disability for OWF purposes.

(D) All-family assistance groups

All-family assistance groups include two-parent assistance groups as defined in paragraph (C) of this rule, and assistance groups described in paragraphs (D)(1) to (D)(6) of this rule.

(1) An assistance group containing a minor child and a work-eligible individual.

(2) An assistance group containing a minor child and a specified relative in need as set forth in rule 5101:1-23-10 of the Administrative Code.

(3) An assistance group as identified in paragraph (C)(2) of this rule shall be included in the all-family assistance group definitions.

(4) An assistance group containing only a pregnant woman who is at least in her sixth month of pregnancy.

(5) If the only minor child is in receipt of SSI benefits, or is a child for whom federal, state or local foster care maintenance or adoption assistance payments are made, the assistance group is deemed to include that minor child for purposes of determining eligibility to participate in OWF.

(6) An assistance group containing a minor child, a work-eligible individual and a parent who is a recipient of SSI benefits.

(E) Child-only assistance groups

Child-only assistance groups are excluded from the federal work participation rate calculation. A child-only assistance group is an assistance group containing a minor child residing with a parent, legal guardian, legal custodian, or other specified relative whose needs are not included in the assistance group and who does not meet the definition of a work-eligible individual pursuant to paragraph (B) of rule 5101:1-3-12 of the Administrative Code. This includes situations when the minor child resides with both parents, and both parents are recipients of SSI; and when the parent of the minor child is a child for whom federal, state or local foster care maintenance or adoption assistance payments are made.

(F) Federal work activities

(1) Activities in paragraph (F)(2) of this rule are core activities and will meet all the hours of participation for the federal work participation rate. Non-core activities in paragraph (F)(3) of this rule will meet the hours of participation for the federal work participation rate only after the required hours of participation have been completed in a core activity.

For purposes of meeting the federal work participation rates:

(a) The work-eligible individuals in two parent assistance groups containing at least two work-eligible individuals and not receiving federally funded child care must participate at least an average total of thirty-five hours per week (one hundred fifty-one hours monthly), thirty hours of which must be in a core activity.

(b) The work-eligible individuals in two-parent assistance groups containing at least two work-eligible individuals and an adult in the family is not disabled or is not caring for a child with a disability and receiving federwally funded child care must participate at least an average total of fifty-five hours per week (two hundred thirty-seven hours monthly), fifty hours of which must be in a core activity.

(c) The work-eligible individuals in all family assistance groups must participate at least an average total of thirty hours per week (one hundred twenty-nine hours monthly), twenty hours of which must be in a core activity.

(d) A work-eligible individual who is the only parent or specified relative in need in the family of a child under six years of age meets the federal work participation rate by participating at least an average total of twenty hours per week in core activities (eighty-six hours monthly).

(2) In order to meet the federal work participation rate at least one of the parents in a two-parent assistance group must participate sufficient hours to meet the all-family rate as set forth in paragraph (F)(1)(c) of this rule.

(3) The following are the core work activities:

(a) Unsubsidized employment;

(b) Subsidized private sector employment;

(c) Subsidized public sector employment;

(d) Work experience program (WEP);

(e) On-the-job training (OJT);

(f) Job search and job readiness assistance;

(g) Community service;

(h) Vocational educational training; and

(i) Providing child care services to an individual who is participating in a community service program.

(4) The following are the non-core work activities:

(a) Job skills training directly related to employment;

(b) Education directly related to employment, in the case of a recipient who has not received a high school diploma or a certificate of high school equivalency; and

(c) Satisfactory attendance at secondary school or in a course of study leading to a certificate of general equivalence, in the case of a recipient who has not completed secondary school or received such a certificate.

(5) Deeming of hours of participation

(a) A recipient who is married or a head of household and has not attained twenty years of age is deemed to be participating the required number of hours for a month in a fiscal year if the recipient:

(i) Maintains satisfactory attendance at secondary school or the equivalent during the month; or

(ii) Participates in education directly related to employment for an average of at least twenty hours per week during the month.

(b) For a married recipient, such participation counts as the greater of twenty hours or the actual hours of participation.

(c) If both parents in the family are under twenty years old, the federal work requirements specified in paragraph (F)(1)(b) of this rule are met if both meet the conditions of paragraph (F)(5)(a)(i) or (F)(5)(a)(ii) of this rule.

(6) Single custodial parent disregarded For any fiscal year, a county agency may, at its option, not require an individual who is a single custodial parent caring for a child under the age of twelve months to engage in work activities, and may disregard such an individual in determining the participation rates as set forth in paragraph (B) of this rule.

Effective: 06/01/2010
R.C. 119.032 review dates: 03/08/2010 and 06/01/2015
Promulgated Under: 119.03
Statutory Authority: 5107.05 , Section 5 of Amended Substitute Senate Bill
238 of the 126th General Assembly Rule Amplifies: 5107.05
Prior Effective Dates: 10/1/1997 (Emer.), 12/30/1997, 10/1/1999, 1/1/2001,
8/29/2003 (Emer.), 11/1/2003, 10/1/2005, 9/29/2006 (Emer.), 12/29/2006, 7/1/2007, 10/01/08

5101:1-3-02 Ohio works first: school attendance.

(A) When must school attendance be monitored?

A minor child's attendance in school shall be monitored in the following situations:

(1) The teen parent or pregnant teen is subject to participation in the learning, earning and parenting program (LEAP) as set forth in rule 5101:1-23-50 of the Administrative Code.

(2) The child is subject to participation in the learnfare program as set forth in section 5107.28 of the Revised Code.

(3) The teen parent is employed, to determine if the policy set forth in rule 5101:1-23-20 of the Administrative Code is applicable.

(4) The child is approaching his or her eighteenth birthday to determine if the child may remain on the grant until the nineteenth birthday, as set forth in section 5107.02 of the Revised Code.

(B) What are the requirements for children under age eighteen who are not attending school?

(1) In accordance with federal temporary assistance for needy families (TANF) law, the county agency shall assess the skills, prior work experience, and employability of each participant of Ohio works first (OWF) who:

(a) Has not attained eighteen years of age; and

(b) Has not completed high school or obtained a certificate of high school equivalency, and is not attending secondary school.

(2) On the basis of the assessment, the county agency shall work with the assistance group to create an employment goal for the child, including a plan for moving the individual into unsubsidized employment or requiring the child to attend school.

(3) The county agency shall incorporate the plan into the assistance group's self-sufficiency contract and require the minor's parent or specified relative to ensure the child complies with the plan. The child is not required to complete a self-sufficiency contract, unless that child is a minor head of household, as defined in section 5107.02 of the Revised Code.

Replaces: 5101:1-3-02

Effective: 08/01/2010
R.C. 119.032 review dates: 08/01/2015
Promulgated Under: 119.03
Statutory Authority: 5107.05
Rule Amplifies: 5107.02 , 5107.05
Prior Effective Dates: 10/1/97 (Emer.), 12/30/97, 01/1/99, 12/1/02, 10/1/05

5101:1-3-03 Ohio works first: residence and living arrangement requirement.

(A) What is the residence requirement for the Ohio works first (OWF) program?

(1) Residence in the state of Ohio is a requirement and is met by a person who meets one of the following:

(a) Living voluntarily with the intention of making his or her home in Ohio; or

(b) Living in Ohio and not receiving assistance from another state; and entered Ohio with a job commitment or seeking employment in Ohio, whether or not currently employed.

(2) A child is a resident of the state in which the parent, legal guardian, custodian or specified relative caring for the child is a resident.

(3) Absence from the state for more than thirty days constitutes evidence of intent to establish residence elsewhere, unless a written statement has been submitted to indicate intent to return to Ohio.

(a) The written statement shall be retained in the case record.

(b) The county agency shall consider the written statement as acceptable proof of intent to return to Ohio if the statement includes the reason for the absence and the expected date of return.

(c) A statement is not considered acceptable proof of intent to return to Ohio when the applicant or recipient contradicts the statement by giving up Ohio living arrangements, applying for public assistance in another state, or securing long-term housing arrangements in another state.

(4) An individual who resides in a county home, city infirmary, jail, or other public institution does not meet the residence requirement for OWF. Rule 5101:1-23-10 of the Administrative Code addresses individuals under house arrest.

(5) A child born to an inmate participating in the prison nursery program pursuant to section 5120.65 of the Revised Code meets the OWF residence requirement.

(B) What is the living arrangement requirement for children?

(1) To be eligible for OWF, a child's home must be with a parent, specified relative, custodian or legal guardian.

(2) A child born to an inmate participating in the prison nursery program pursuant to section 5120.65 of the Revised Code meets the OWF living arrangement requirement.

(3) A parent is an individual who has the legal duty to support the child. A legal parent includes the following individuals as long as their parental rights are not legally terminated:

(a) The biological mother and father of the child.

(b) Any person who is adjudged by a court of competent jurisdiction or a local child support enforcement agency to be the parent of the child and under legal duty to support the child.

(c) An individual who has legally adopted the child. Adoption severs the legal relationship between parent and child, but it does not sever the biological relationship.

(d) An individual who has an acknowledgment of paternity affidavit filed with the division of child support that has become final and enforceable.

(4) Specified relatives are limited to those individuals as set forth in section 5107.02 of the Revised Code.

(5) Legal guardians and custodians are defined in section 5107.02 of the Revised Code.

(6) While another individual or agency may hold legal custody of a child, a parent, specified relative or legal guardian may receive benefits for the minor child(ren) who physically resides with that individual, even if the child(ren) is temporarily absent, as set forth in rule 5101:1-3-04 of the Administrative Code.

(7) In Ohio, a legal marriage is:

(a) Ceremonial;

(b) One which meets the requirements of Chapter 3101. of the Revised Code; or

(c) Common-law marriages prior to October 10, 1991, when they became prohibited in the state of Ohio.

(C) What is the living arrangement requirement for minor parents?

(1) In accordance with section 5107.24 of the Revised Code, unmarried minor parents, unmarried pregnant minors, or the child of an unmarried minor parent must reside in a place of residence maintained by a parent, legal guardian, custodian or specified relative of the pregnant minor or minor parent as the parent's, guardian's, custodian's or specified relative's own home to meet the living arrangement requirement for OWF. The individual is exempt from this requirement if any of the following apply:

(a) The minor parent or pregnant minor does not have a parent, guardian, custodian, or specified relative living or whose whereabouts are known.

(b) No parent, guardian, custodian, or specified relative of the minor parent or pregnant minor will allow the pregnant minor, minor parent, or minor parent's child to live in the parent's, guardian's, custodian's, or specified relative's home.

(c) The Ohio department of job and family services (ODJFS), the county agency, or a public children services agency determines that the physical or emotional health or safety of the pregnant minor, minor parent, or minor parent's child would be in jeopardy if the pregnant minor, minor parent, or minor parent's child lived in the same home as the parent, guardian, custodian, or specified relative.

(d) ODJFS, a county agency, or a public children services agency otherwise determines that it is in the best interest of the pregnant minor, minor parent, or minor parent's child to waive the requirement of paragraph (C)(1) of this rule.

(2) An unmarried pregnant minor, unmarried minor parent, or child of an unmarried minor parent exempt from the requirement to live with a parent, specified relative, custodial or legal guardian, must reside in an adult-supervised living arrangement to be eligible to participate in OWF.

(3) The county agency shall be responsible for either directly assisting the unmarried minor parent in locating an acceptable adult-supervised living arrangement or entering into an agreement with another agency (e.g., public children services agency) to serve as their designee.

Replaces: 5101:1-3-03

Effective: 08/01/2010
R.C. 119.032 review dates: 08/01/2015
Promulgated Under: 119.03
Statutory Authority: 5107.05
Rule Amplifies: 5107.02 , 5107.05 , 5107.10 , 5107.37 , 5120.65
Prior Effective Dates: 3/1/67, 8/1/75, 12/28/79, 5/1/82, 6/1/82, 6/1/83, 10/1/83, 8/1/86 (Emer.), 10/3/86, 4/1/90, 4/1/92, 9/1/92, 5/1/95, 10/1/96 (Emer.), 12/15/96, 10/1/97 (Emer.), 12/30/97, 5/1/98, 1/1/99, 10/1/99, 12/1/02, 11/1/03, 10/1/05

5101:1-3-04 Ohio works first: temporary absence.

(A) What is temporary absence? The absence of a member of the Ohio works first (OWF) assistance group is temporary if all of the conditions set forth in paragraphs (A)(1) to (A)(3) of this rule are met. A temporarily absent individual is considered to be in the home for purposes of OWF eligibility.

(1) The location of the absent individual is known;

(2) There is a definite plan for the return of the absent individual to the home;

(3) The absent individual shared the home with the assistance group prior to the onset of the absence. A newborn is considered to be sharing the home with the assistance group at the time of birth.

(B) How long can an OWF recipient be temporarily absent? An OWF recipient may be considered temporarily absent for up to forty-five consecutive days. An OWF recipient who is, or is expected to be absent from the home without good cause for longer than forty-five consecutive days does not meet the temporary absence requirement for OWF.

(C) What are the good cause reasons for temporary absence? Good cause is limited to the following reasons for absences of more than forty-five consecutive calendar days:

(1) Hospitalization (includes inpatient drug and alcohol treatment);

(2) Detention in a juvenile home until a court commitment;

(3) Attendance at school;

(4) Vacationing;

(5) Trip made in connection with current or prospective employment;

(6) Shared parenting situations;

(7) Service in the military when it is the sole reason for absence;

(8) Removal of a child(ren) by the public children services agency (PCSA) that meets the reunification requirements as set forth in section 5107.10 of the Revised Code. OWF payments for the child may continue for up to six payment months after the removal date. In order for this exception to apply, the child must be in receipt of OWF cash assistance on the date of the removal by the PCSA.

(D) What if good cause is not met?

(1) If good cause, as set forth in paragraphs (C)(1) to (C)(7) of this rule, is not met and the absence lasts or is expected to last longer than forty-five consecutive days, the county agency shall remove the absent member from the assistance group. Ineligibility for the absent member begins on the forty-sixth day from the date that the member left the household.

(2) The forty-five consecutive calendar day requirement is not applicable for children who are temporarily absent due to a removal by the PCSA as set forth in paragraph (C)(8) of this rule.

(E) What happens if the absence of a minor child is not reported as required?

The child's absence must be reported by the end of the five-day period that begins with the date that it becomes clear to the parent or specified relative that the minor child will be absent for more than forty-five consecutive days and good cause does not exist. A parent or specified relative who fails to notify the county agency of the absence of the minor child from the home within the time period set forth in this paragraph is ineligible for inclusion in the OWF assistance group. The remaining assistance group members may continue to receive OWF. This regulation is applicable to paragraphs (C)(1) to (C)(7) of this rule.

(F) How long is an individual ineligible for failure to report the child's absence?

The parent or specified relative is ineligible beginning with the same day that the absent child becomes ineligible. The parent or specified relative remains ineligible until the day that the absence was reported by the parent or specified relative or was discovered by the county agency. If the assistance group is otherwise eligible, the parent or specified relative may be eligible for OWF the following day. The erroneous payment provisions set forth in rule 5101:1-23-70 of the Administrative Code are applicable. This regulation is applicable to paragraphs (C)(1) to (C)(7)of this rule.

Effective: 06/01/2010
R.C. 119.032 review dates: 06/01/2015
Promulgated Under: 119.03
Statutory Authority: 5107.05
Rule Amplifies: 5107.02 , 5107.05 , 5107.10
Prior Effective Dates: 3/1/67, 5/1/82, 6/1/83, 4/1/92, 5/1/95, 10/1/96 (emer.), 12/15/96, 10/1/97 (emer.), 12/30/97, 10/1/99, 12/1/02, 10/01/05

5101:1-3-04.1 Ohio works first: shared parenting (joint custody).

(A) Is there eligibility for Ohio works first (OWF) when there is a shared parenting (joint custody) arrangement? (1) Potential OWF eligibility may exist in a shared parenting arrangement. A dependent child can only be considered to be sharing a home with one parent despite a shared parenting/joint custody order permitting the child to reside with each parent for a part of the month.

(2) For OWF eligibility purposes, a child can only have one home and cannot be considered to be temporarily absent from another home (i.e., both of the child's parents cannot receive benefits concurrently for the same child in the same month.)

(3) The provisions set forth in this rule shall be used by the county agency in determining eligibility for a dependent child in a shared parenting arrangement.

(B) What if only one of the parents in a shared parenting arrangement applies for OWF?

(1) When only one parent applies for assistance, the county agency shall determine if the child resides with the parent who submits the application for assistance.

(2) If there is no application submitted by the other parent, and there is not an existing OWF assistance group containing the other parent and the child, the child shall be considered to be living and sharing a home with the parent who submitted the application for assistance.

(C) What if both parents in the shared parenting arrangement apply for OWF for the same child?

When both parents apply for assistance for the child and both parents claim that the child is living with and sharing a home with them, the county agency must first determine whether each applicant is maintaining a home for the child.

(1) If both parents agree and one of the applications is withdrawn, the county agency shall proceed to determine if the other parent is otherwise eligible for OWF.

(2) If the parents cannot agree and neither application is withdrawn, the county agency shall review the following list of parental activities and responsibilities to determine with which parent the child shares a home.

(a) Is there a court order granting sole custody to one parent, or designating one of the parents' residences as the child's home for public assistance purposes?

(b) If the parents reside in different school districts, where does the child attend school? Who selected the school?

(c) Who assists the child with homework or school-related tasks?

(d) Who attends parent/teacher conferences and who works with the school regarding the child's educational progress?

(e) If the child is enrolled in child care, who makes the child care arrangements?

(f) Who takes the child to and from school and/or child care?

(g) Which parent is listed as the contact for emergencies at the child's school or child care provider? If both parents are listed, who is the one to be contacted first?

(h) Who arranges and transports the child to medical and dental appointments? Who selects the physician and dentist? Who maintains the child's medical records?

(i) Who initiates decisions regarding the child's future?

(j) Who responds to medical or law enforcement emergencies involving the child? If both parents are to be contacted, who is the one to be contacted first?

(k) Who arranges for food, clothing, and other household necessities on an ongoing basis?

(l) Who disciplines the child?

(m) Who plays with the child and arranges for entertainment?

(n) Which parent supervises the child's daily dressing and personal hygiene tasks?

The list of parental activities contained in paragraphs (C)(2)(a) to (C)(2)(n) of this rule is not an all-inclusive list, and other factors may need to be examined in making this determination. There will be situations in which these questions will be answered positively for both parents. However, in reviewing parental activities, one parent is often identified more than the other. The parent most often identified is the parent who is considered to be sharing a home with the child, and the parent with whom the child's eligibility shall be explored.

(3) If the result of the exploration of conditions set forth in paragraph (C) of this rule reveals this parent is not otherwise eligible for OWF, eligibility for the other parent shall also be explored if that parent has a pending application.

(D) What should the county agency do to document its decision?

The county agency shall document the decision made on the case and the basis for the decision in the assistance group record(s), as well as in running record comments in the client registry information system-enhanced (CRIS-E).

Effective: 06/01/2010
R.C. 119.032 review dates: 06/01/2015
Promulgated Under: 119.03
Statutory Authority: 5107.05
Rule Amplifies: 5107.05
Prior Effective Dates: 11/01/95, 10/01/97, 12/1/02, 10/1/05

5101:1-3-07 Ohio works first : evidence of age, citizenship, and identity.

Verification of age, citizenship, and identity must be completed before any individual, adult or child, is eligible to be included in the assistance group.

(A) What is acceptable documentation of age? (1) A civil birth record or a church record of birth or baptism established before age five are primary documents used to verify age.

(2) Alternate documents are acceptable and must be used to avoid delaying assistance to an otherwise eligible individual. Examples of alternate documents include but are not limited to:

(a) School records;

(b) Insurance policies;

(c) Draft card; and (d) Official hospital records.

(3) The alternate document must show the applicant's name and date of birth or age and should be at least one year old (unless it is for a child under age one).

(B) What is acceptable documentation of identity?

(1) Documents used to identify an individual include but are not limited to :

(a) Driver's license;

(b) Day care or nursery school records;

(c) Voter's registration;

(d) Insurance policies;

(e) Military papers;

(f) United States (U.S.) passport; and

(g) Vaccination certificates.

(2) The county agency must be able to compare the information on the documentation with the information on the application or with the individual to ensure identification.

(3) A birth or baptismal certificate is not evidence of identity. Children under age seven will generally have some type of evidence of identity in addition to a birth certificate. However, if such a child (e.g., a newborn infant) has absolutely no other documentary evidence, the birth certificate alone will be acceptable as long as the eligibility worker has no reason to doubt that the child actually exists.

(C) What is acceptable documentation of citizenship?

(1) Every assistance group member is required to establish U.S. citizenship or legal alien status, and must submit at least one document showing U.S. birthplace or in some way indicating U.S. citizenship. "U.S.-born" refers to an individual born in one of the fifty states, District of Columbia, Puerto Rico, Guam, Northern Mariana Islands, U.S. Virgin Islands, Swain's Island or American Samoa.

(a) If the applicant is a U.S.-born citizen, a civilian birth, baptismal, or church certificate specifically displaying a U.S. birthplace may be used as verification.

(b) If the applicant is a foreign-born U.S. citizen, a citizen certification, U.S. passport, consular's certification of birth, or certificate of naturalization may be used as verification.

(c) If the applicant is an alien, his status may be verified by forms issued from the United States citizenship and immigration services (USCIS).

Effective: 01/01/2011
R.C. 119.032 review dates: 09/28/2010 and 01/01/2016
Promulgated Under: 119.03
Statutory Authority: 5107.05
Rule Amplifies: 5107.05
Prior Effective Dates: 8/1/75, 3/1/76, 12/31/77, 7/18/78, 2/1/79, 4/19/79, 12/28/79, 6/1/82, 6/15/85, 9/1/86 (Emer.), 11/16/86, 10/1/97 (Emer.), 12/30/97, 12/1/02, 10/1/05

5101:1-3-09 Ohio works first : social security number requirement.

(A) What is the requirement related to social security numbers?

(1) As a condition of eligibility for OWF, each assistance group member shall furnish or apply for a social security number.

(2) The county agency is required to refer the individual who does not possess a social security number to the local social security office to apply for a social security number and is prohibited from denying, delaying, or terminating benefits pending the issuance or verification of the social security number if the assistance group has complied with the requirement of furnishing or submitting verification of making an application for a social security number.

(3) For each assistance group member who physically possesses a social security card, the county agency shall retain a copy of the social security card in the assistance group record.

(B) What happens if an assistance group does not cooperate with providing or applying for a social security number?

(1) The assistance group member who refuses to furnish a social security number, or to apply for one will be excluded from the payment. The assistance group member may be the payee for children for whom a social security number has been applied for or furnished.

(2) The assistance group member who supplies his or her own number or cooperates in applying for one but refuses to furnish or apply for a social security number for his or her child/children will remain in the assistance group, but the child/children will be removed. In some cases, the only remaining member of the assistance group may be the parent or specified relative. In these cases, assistance shall be denied.

(C) How is a social security number verified?

(1) Matching the reported social security number with information supplied by the social security administration (SSA) such as BENDEX or SDX computer tapes or printouts: or

(2) Observing the assistance group member's social security card or any official document containing the social security number.

An "official document" is defined as a W-2 form, a railroad retirement, retirement, survivors, disability, and health insurance (RSDI) or supplemental security income (SSI) award letter, or another document containing the social security number that by law or regulation was required to be verified by the social security administration.

(3) If the assistance group member does not possess a social security card, or any "official document" containing the social security number or if the social security number appears questionable, the county agency shall either verify the number by matching it with SSA records or by completing the top portion of the JFS 07355 "Notice of Application for Social Security Number" (rev. 4/2001). The assistance group member shall take the JFS 07355 to the local social security district office. The local social security district office will complete the bottom portion of the JFS 07355 and return the form to the county agency by mail.

(D) When is the social security number requirement considered met?

(1) For the purposes of the beginning date of aid, the social security number eligibility requirement will be considered met the date the social security administration employee certifies that the individual applied for a social security number.

(2) For newborns, if the social security number is applied for no later than the first day of the second month following birth or the mother's discharge from the hospital, the social security requirement is considered met on the child's date of birth.

Effective: 01/01/2011
R.C. 119.032 review dates: 09/28/2010 and 01/01/2016
Promulgated Under: 119.03
Statutory Authority: 5107.05
Rule Amplifies: 5107.05
Prior Effective Dates: 3/1/76, 12/31/77, 7/18/78, 2/1/79, 4/19/79, 6/15/85, 9/1/86 (Emer.), 11/16/86, 1/1/87 (Emer.), 3/20/87, 9/1/88 (Emer.), 11/3/88, 7/1/89, 5/1/95, 10/1/97 (Emer.), 12/30/97, 7/1/00, 12/1/02, 10/1/05

5101:1-3-10 Ohio works first: child support requirement.

(A) Assignment

In accordance with section 5107.20 of the Revised Code, participation in Ohio works first (OWF) constitutes an assignment to the Ohio department of job and family services (ODJFS) of any rights that members of an assistance group have to support from any other person, not exceeding the total amount of assistance paid to the assistance group which accrue or have accrued as of and including the date that the OWF cash assistance is terminated. This assignment excludes medical support assigned pursuant to section 5101.59 of the Revised Code. The rights to support assigned to ODJFS pursuant to this rule constitutes an obligation to ODJFS for the amount of cash assistance paid to the assistance group. The child support enforcement agency (CSEA) is responsible for the collection and distribution of support payments owed to OWF participants whether assigned to ODJFS or unassigned.

(1) The assignment of support rights includes:

(a) The rights to support that the assistance group has in its own behalf. Any spousal support, whether included or not in the child support order, is assigned.

(b) The rights to support that the assistance group has on behalf of any other member of the assistance group applying for or in receipt of OWF. This is the assignment of ongoing monthly child and spousal support.

(2) The assignment gives ODJFS the right to claim any support collected for the assistance group not exceeding the total amount of cash assistance paid to the assistance group. The total amount of cash assistance paid to the assistance group for child support enforcement collection purposes has the same meaning as set forth in paragraph (B) of rule 5101:1-1-01 of the Administrative Code. This includes all forms of cash assistance as defined in rule 5101:1-23-01 of the Administrative Code, including support services paid to families who are unemployed, unless such payments meet the definition of nonrecurrent short-term benefits. As provided in rule 5101:1-23-01 of the Administrative Code, nonrecurrent, short-term benefits and support services provided to employed families are not considered to be cash assistance, and are not subject to reimbursement.

(3) The assignment of support rights is effective the first of the month following the date of approval for OWF cash assistance. The ODJFS shall notify the CSEA when the effective date of the assignment is determined. This notification shall be transmitted to the CSEA within two working days of authorization of OWF cash assistance.

(4) In the following situations, the assignment is interrupted for a specific month, and child support for that month is treated in accordance with the provisions set forth in rule 5101:12-80-14 of the Administrative Code. However, the interruption in the assignment ends beginning with the first day of the month that cash assistance resumes.

(a) If an assistance group received OWF cash assistance in the form of a warrant, check, voucher, electronic funds transfer or electronic payment card for a month, but returned the uncashed check, warrant or voucher to the county agency, or returned the full amount of the benefit paid to the assistance group, the assistance group is not considered to have received cash assistance in accordance with the provisions set forth in rule 5101:1-23-01 of the Administrative Code, and child support for that same month is treated in accordance with the provisions set forth in rule 5101:12-80-14.1 of the Administrative Code.

(b) If an assistance group's OWF is reduced to zero dollars to repay an OWF overpayment, the assistance group is not considered to have received cash assistance in accordance with the provisions set forth in rule 5101:1-23-01 of the Administrative Code, and child support for that same month is treated in accordance with the provisions set forth in rule 5101:12-80-14.1 of the Administrative Code.

(c) When an erroneous OWF payment occurs because the assistance group was not eligible to receive assistance for a month, and the assistance group repays that erroneous payment in full, the assistance group is not considered to have received cash assistance in the month for which the overpayment occurred as set forth in rule 5101:1-23-01 of the Administrative Code, and child support for that same month is treated in accordance with the provisions set forth in rule 5101:12-80-14.1 of the Administrative Code.

(5) When an individual is added to an existing assistance group, the assignment of support rights is effective the first day of the month following the date the county agency adds the individual to the assistance group.

(6) Any direct payments received by an assistance group prior to the effective date of the support assignment are budgeted as unearned income in accordance with rule 5101:1-23-20 of the Administrative Code.

(7) Once the assignment of support is effective, any direct payment (including voluntary payments) by the absent parent shall be evaluated in accordance with paragraph (N) of rule 5101:1-23-70 of the Administrative Code in determining if an erroneous payment has occurred, and if so, whether the payment is a cash assistance (IV-A) or a child support enforcement (IV-D) overpayment.

(B) " County agency/CSEA interface"

(1) The " county agency/CSEA interface" refers to the cross-program relationship between the IV-A and IV-D programs.

(2) The county agency shall make use of the interview in the application or reapplication process to gain timely, complete and accurate information concerning absent parent(s) attached to the assistance group.

(3) Referrals are sent automatically through the interface. A referral from the county agency to the CSEA is not required when the assistance group contains only a pregnant woman with no eligible child.

(4) At the point of authorization for cash assistance, the county agency shall send copies of relevant information collected during the application process, such as birth certificates, court orders and paternity acknowledgments to the CSEA.

(5) The county agency shall collect all relevant information so that the CSEA will not routinely be required to schedule an interview with the assistance group to establish and develop the IV-D case record.

(6) The county agency is responsible for reporting relevant changes to the CSEA, including information concerning new members added to an existing assistance group. Most routine changes are automatically transmitted through the two statewide automated systems. However, copies of relevant documentation received by the county agency are to be sent within two working days of receipt to the CSEA.

(7) The county agency shall not delay the processing of an application because of the assistance group's failure to provide information needed solely by the CSEA.

(8) Even if an application for cash assistance is denied, if an applicant has requested child support services, the county agency shall send a referral to the CSEA.

(C) Mandatory cooperation in securing support

(1) In accordance with section 5107.14 of the Revised Code, cooperation with child support is a requirement included in the self sufficiency contract. All applicant/recipient adults or minor heads of households as defined in section 5107.02 of the Revised Code, who are or will be included in the OWF assistance group, are required to sign and comply with a self sufficiency contract.

(2) In accordance with section 5107.22 of the Revised Code, unless good cause for failure or refusal exists, the caretaker of a minor child shall cooperate, if the caretaker is a member of the child's assistance group, in establishing the child's paternity and establishing, modifying and enforcing a support order for the child.

(3) In a three-generation assistance group that includes a grandparent, minor parent, and child, there are two caretakers. The caretaker parent who is responsible for the child is the one who is required to cooperate in establishing paternity and securing support.

(a) The grandparent must cooperate for his/her children including the minor parent.

(b) The minor parent must cooperate for his/her children.

(4) When a caretaker signs the JFS 07092, "Notice to Individuals Applying for or Participating in Ohio Works First (OWF) Regarding Cooperation with the Child Support Enforcement Agency (CSEA)" (rev. 03/2009) indicating that the individual wants to claim good cause for refusal to cooperate in securing support, the county agency shall forward the JFS 07092 to the CSEA. If the request for good cause for refusal to cooperate with child support is documented on the JFS 03803, "Ohio Works First (OWF) & Food Assistance: Domestic Violence Waiver Request and Verification" (rev. 01/2010), the county agency shall also have the individual sign the JFS 07092. The CSEA is responsible for determining good cause and cooperation in accordance with rule 5101:12-10-32 of the Administrative Code.

This determination includes waiving the cooperation with child support requirement if the CSEA determines that the individual has been subjected to domestic violence as defined in section 5107.02 of the Revised Code, and requiring cooperation would not be in the best interests of the child or would make it more difficult for the individual or child to escape domestic violence.

(5) The county agency shall not deny, delay, or discontinue cash assistance pending a determination by the CSEA concerning good cause for refusal to cooperate.

(D) Failure to cooperate with CSEA

(1) Adults or minor heads of households who fail to cooperate with the child support requirement in the self sufficiency contract without good cause as determined by the CSEA, are subject to the imposition of the three-tier sanction in accordance with section 5107.16 of the Revised Code.

(2) Assistance groups that do not contain a member required to sign a self sufficiency contract as defined in rule 5101:1-3-11 of the Administrative Code, are not subject to the sanction set forth in section 5107.16 of the Revised Code for non-cooperation with the CSEA.

(3) When a request for a state hearing on the issue of cooperation has been made, both the county agency and the CSEA must participate in the hearing.

Effective: 03/01/2013
R.C. 119.032 review dates: 11/28/2012 and 03/01/2018
Promulgated Under: 119.03
Statutory Authority: 5107.05
Rule Amplifies: 5107.02 , 5107.05 , 5107.14 , 5107.16 , 5107.20 , 5107.22 , 5107.71 , 5107.711 , 5107.712 , 5107.713 , 5107.714 , 5107.715 , 5107.716 , 5107.717
Prior Effective Dates: 11/1/76, 5/14/77, 12/31/77, 10/26/78, 5/1/79, 9/21/79, 5/1/82, 10/9/83, 3/1/84 (temp.), 6/1/84, 4/1/86, 4/1/89, 7/1/89 (emer.), 9/23/89, 4/1/90, 9/1/92, 5/1/93, 10/1/96 (emer.), 12/15/96, 5/1/97, 12/30/97, 7/1/98, 10/01/99, 10/01/04, 1/1/08 , 5/1/10

5101:1-3-11 Ohio works first (OWF): Appraisals, assessments, and self sufficiency contract.

(A) Conflict with the Revised Code

(1) Section (5) of Amended Substitute Senate Bill 238 of the 126th General Assembly (09/06) sets forth the following provision: Not later than September 30, 2006, the director of job and family services shall adopt rules as necessary for the state to comply with 42 U.S.C. 607(i)(2) (08/96). If necessary to bring the state into compliance with 42 U.S.C. 607(i)(2) (08/96), the rules may deviate from Chapter 5107. of the Revised Code. Rules adopted under this section that govern financial and other administrative requirements applicable to the department of job and family services shall be adopted in accordance with section 111.15 of the Revised Code as if they were internal management rules. All other rules adopted under this section shall be adopted in accordance with Chapter 119. of the Revised Code.

(2) The county agency shall administer the work activity programs in accordance with the requirements contained in this rule and not in accordance with sections 5107.01 , 5107.14 , 5107.41, 5107.70 and 5107.16 of the Revised Code.

(3) All applicable requirements contained in the Revised Code sections referenced in paragraph (A)(2) of this rule have been incorporated in this rule.

(B) When should an appraisal be conducted?

(1) An appraisal shall be conducted as soon as possible after an assistance group submits an application to participate in OWF. The county agency that receives the application shall schedule and conduct an appraisal of each work eligible individual and each member of the assistance group who is an adult or minor head of household as defined in rule 5101:1-3-01 of the Administrative Code. A minor head of household who is subject to the learning, earning, and parenting (LEAP) program shall be assessed pursuant to rule 5101:1-23-50 of the Administrative Code.

(2) The county agency shall conduct more appraisals at times that the county agency determines.

(C) What is included in an appraisal?

(1) An appraisal may include evaluation of the employment, educational, physiological, and psychological abilities or liabilities, or both, of the work eligible individual, adult or minor head of household.

(2) An appraisal shall include screening for domestic violence, as set forth in rule 5101:1-3-20 of the Administrative Code.

(3) At the appraisal, the county agency shall develop with the adult, minor head of household or work eligible individual a plan for the assistance group to achieve the goal of self sufficiency and personal responsibility through unsubsidized employment within the time limit for participating in Ohio works first (OWF) established by section 5107.18 of the Revised Code.

(a) The plan developed for the work eligible individuals shall include assignments to one or more work activities or alternative activities. The county agency shall include the plan in the self sufficiency contract as set forth in paragraph (F) of this rule.

(b) If the adult, minor head of household or work eligible individual claims to have a medically determinable physiological or psychological impairment, illness, or disability, the county agency may require the adult, minor head of household or work eligible individual undergo an independent medical or psychological examination at a time and place reasonably convenient to the work eligible individual.

(D) When should an assessment be completed?

An assessment may be completed by the county agency, at times it determines, for assistance groups participating in OWF.

(E) What should an assessment include?

(1) An assessment is conducted to determine whether any work eligible individual or members of the assistance group are in need of other assistance or services provided by the county agency or other private or government entities. Assessments may include the following:

(a) Whether any member of the assistance group or work eligible individual has a substance abuse problem; or

(b) Whether there are any other circumstances that may limit an assistance group member's or work eligible individual's employability.

(2) At the first assessment the county agency shall inquire as to whether any member of an assistance group is the victim of domestic violence, including child abuse. The county agency shall provide this information to the Ohio department of job and family services (ODJFS) who will maintain the information for statistical analysis purposes.

(3) The county agency may refer an assistance group member to a private or government entity that provides assistance or services the county agency determines the member needs. The entity may be a public children services agency (PCSA), chapter of alcoholics anonymous, narcotics anonymous, or cocaine anonymous, or any other entity the county agency considers appropriate.

(F) What is the self sufficiency contract?

(1) The self sufficiency contract sets forth the rights and responsibilities of work eligible individuals and members of the assistance group as applicants and participants of OWF, designed to assist the assistance group in achieving self sufficiency and personal responsibility.

(2) The contract includes work activity assignments and child support requirements including cooperation in the establishment of a minor child's paternity and the establishment, modification and enforcement of a support order for the minor child in accordance with section 5107.22 of the Revised Code.

(3) The self sufficiency contract is part of the OWF eligibility process and must be completed before OWF benefits can be authorized.

(4) The county agency shall provide without charge a copy of the contract to each work eligible individual or assistance group member who signs a contract.

(G) What shall be included in the self sufficiency contract?

(1) Each self sufficiency contract shall include, based on appraisals and assessments conducted pursuant to paragraphs (C) and (E) of this rule, the following:

(a) The assistance group's plan to achieve the goal of self sufficiency and personal responsibility through unsubsidized employment within the time limit for participating in OWF established by section 5107.18 of the Revised Code.

(b) For each work eligible individual, work activities and alternative activities assigned pursuant to rule 5101:1-3-12 of the Administrative Code.

(c) The responsibility of a caretaker member of the assistance group to cooperate in establishing a minor child's paternity and establishing, modifying and enforcing a support order for the child in accordance with section 5107.22 of the Revised Code.

(d) Other responsibilities that members of the assistance group must satisfy to participate in OWF and the consequences for failure or refusal to satisfy the responsibilities.

(e) An agreement that the assistance group will comply with conditions of participating in OWF in accordance with division 5101:1 of the Administrative Code, Chapter 5107. of the Revised Code and sections 5101.58 , 5101.59 and 5101.83 of the Revised Code.

(f) Assistance and services the county agency will provide to the assistance group and work eligible individuals.

(g) Assistance and services the child support enforcement agency and public children services agency (PCSA) will provide to the assistance group pursuant to a plan of cooperation entered into under section 307.983 of the Revised Code.

(h) Other provisions designed to assist the assistance group in achieving self sufficiency and personal responsibility.

(i) Procedures for assessing whether responsibilities are being satisfied and whether the contract should be amended.

(j) Procedures for amending the contract.

(k) The good cause reasons for missing hours of participation or appointments as defined in rule 5101:1-3-13 of the Administrative Code.

(2) No self sufficiency contract shall include the learning, earning and parenting program (LEAP) requirements.

(3) The county agency may use the JFS 03801 "Ohio Works First Self Sufficiency Contract" (rev. 10/2008) or develop its own self sufficiency contract and plan provided all of the elements identified in paragraph (G)of this rule are included.

(H) Who shall sign the self sufficiency contract?

(1) Each work eligible individual, minor head of household and adult member of the assistance group, shall enter into a written self sufficiency contract with the county agency prior to approval of OWF benefits.

(2) Each work eligible individual, minor head of household, and adult member of the assistance group must sign an amendment any time the SSC is revised.

(3) A minor head of household who participates in LEAP pursuant to rule 5101:1-23-50 of the Administrative Code is required to complete a self sufficiency contract but is not subject to the work participation requirements unless the minor head of household fails to attend an assessment, fails to enroll in school or withdraws from school.

(I) What are the consequences if a self sufficiency contract is not signed or a provision of the contract is not met?

(1) Work eligible individuals, minor heads of household, and adult members of the assistance group who fail or refuse to sign the self sufficiency contract shall have OWF benefits denied or terminated.

(2) If a work eligible individual, minor head of household, or an adult member of an assistance group fails or refuses, without good cause, to comply in full with a provision of a self sufficiency contract the county agency shall sanction the assistance group pursuant to rule 5101:1-3-15 of the Administrative Code.

Effective: 05/07/2012
R.C. 119.032 review dates: 10/01/2013
Promulgated Under: 119.03
Statutory Authority: 5107.05 , 5107.14 , 5107.16
Rule Amplifies: 5107.05 , 5107.12 , 5107.14
Prior Effective Dates: 3/1/1983, 6/7/1984 (Emer.), 9/1/1984, 8/1/1985, 3/1/1987, 12/1/1987 (Emer.), 2/15/1988, 1/1/1989, 6/30/1989 (Emer.), 9/23/1989, 4/2/1990, 4/1/1991, 7/1/1991, 5/1/1992, 9/1/1993, 12/1/1995 (Emer.), 2/19/1996, 7/1/1996 (Emer.), 10/1/1997, 12/20/1997, 10/1/1999, 1/1/2001, 10/1/2004, 7/1/2005, 9/29/2006 (Emer.), 12/29/2006, 7/1/2007, 10/1/2007 (Emer.), 12/29/2007, 10/1/2008

5101:1-3-12 Ohio works first: work activities.

(A) Conflict with the Revised Code

(1) Section (5) of Amended Substitute Senate Bill 238 of the 126th General Assembly (09/06) sets forth the following provision: Not later than September 30, 2006, the director of job and family services shall adopt rules as necessary for the state to comply with 42 U.S.C. 607(i)(2) (08/96). If necessary to bring the state into compliance with 42 U.S.C. 607(i)(2) (08/96), the rules may deviate from Chapter 5107. of the Revised Code. Rules adopted under this section that govern financial and other administrative requirements applicable to the department of job and family services and county departments of job and family services shall be adopted in accordance with section 111.15 of the Revised Code as if they were internal management rules. All other rules adopted under this section shall be adopted in accordance with Chapter 119. of the Revised Code.

(2) The county agency shall administer the work activity programs in accordance with the requirements contained in this rule and not in accordance with sections 5107.01 , 5107.14 , 5107.16 , 5107.36 , 5107.40 , 5107.41 , 5107.42 , 5107.43 , 5107.60 , 5107.62 , 5107.64 , 5107.65 , 5107.675107.68 and 5107.70 of the Revised Code. All applicable requirements contained in the Revised Code sections referenced have been incorporated in this rule.

(B) Who is a work eligible individual?

(1) A work eligible individual means an adult or minor head of household receiving Ohio works first (OWF) or a non-recipient parent living with a child who is in receipt of OWF unless the parent is:

(a) A minor parent who is not the head of household;

(b) A non-citizen who is not eligible to receive OWF due to his or her immigration status;

(c) A recipient of supplemental security income (SSI) benefits;

(d) A recipient of social security disability insurance (SSDI) benefits; or

(e) A parent providing care for a disabled family member, if the following criteria are met:

(i) The disabled family member must be living in that home; and

(ii) There is medical documentation to support the need for the parent to remain in the home to care for the disabled family member.

(2) Disability shall be deemed to exist when there is a physical or mental illness or impairment. The disability shall be supported by competent medical documentation and must be of such a debilitating nature as to reduce substantially or eliminate the individual's ability to work. The disability must be expected to last for a period of at least thirty days.

(C) What are the required hours of work participation?

(1) All work eligible individuals shall be assigned to one or more work activities or alternative activities, and participate at least the following number of hours except as provided in paragraphs (C)(2) to (C)(4) of this rule :

(a) In an assistance group that includes only one work eligible individual, at least an average weekly amount of thirty hours.

(b) In an assistance group that includes two work eligible individuals and receiving no federally funded child care, at least an average total weekly amount of thirty-five hours for the two work eligible individuals.

(c) In an assistance group that includes two work eligible individuals and is receiving federally funded child care, at least an average total weekly amount of fifty-five hours for the two work eligible individuals.

(d) In an assistance group that includes two work eligible individuals where one parent is disabled at least an average total weekly amount of thirty hours.

(e) In an assistance group that includes a work eligible individual who is the only parent or specified relative in need in the family of a child under six years of age, at least an average weekly amount of twenty hours.

(f) In an assistance group that includes a minor child under twelve months of age and a single custodial parent a county agency may exempt the work eligible individual for no more than twelve months. The county agency may assign the exempt work eligible individual to one or more alternative activities for a number of hours a week the county agency determines.

(g) A recipient who is married or a head of household and has not attained twenty years of age is deemed to be engaged in work for a month in a fiscal year if the recipient:

(i) Maintains satisfactory attendance at secondary school or the equivalent during the month; or

(ii) Participates in education directly related to employment for an average of at least twenty hours per week during the month.

(2) There are circumstances under which the county agency may reduce a work eligible individual's hours of participation in a work activity to less than the weekly hours otherwise required. The county agency shall document the reason for not assigning the participant to all or some of the required hours. The appraisal or assessment shall be used to determine if it is appropriate to assign a reduced number of hours.

(3) After a work eligible individual is assigned to a work activity or alternative activity a county agency shall place the work eligible individual in the assigned activity as soon as the activity becomes available.

(4) Participation in a work activity may be waived due to domestic violence, as set forth in rule 5101:1-3-20 of the Administrative Code.

(5) One work eligible parent may complete all required work activity hours for a two-parent assistance group.

(6) Alternative activities

(a) If a county agency determines that a work eligible individual has a temporary or permanent barrier to participation in a work activity, it may assign a work eligible individual to one or more alternative activities pursuant to rule 5101:1-3-12.12 of the Administrative Code.

(b) There are no minimum number of hours required for assignment in alternative activities.

(c) There are no limitations as to the number of work eligible individuals who may be assigned to alternative activities.

(7) A county agency may reassign a work eligible individual when the county agency determines reassignment will aid the assistance group in achieving self sufficiency and personal responsibility and shall make reassignments when circumstances requiring reassignment occur, including when a temporary barrier to participating in a work activity is eliminated.

(D) Can a work eligible individual applicant be assigned to a work activity?

Job search and job readiness activities, as defined in rule 5101:1-3-12.5 of the Administrative Code, are the only activities an applicant of OWF can be assigned.

(E) Which holidays may be counted towards work participation?

(1) Holidays are limited to the ten federal holidays as established by the United States government in 5 U.S.C. 6103(a) (01/05).

(a) New Years day, January first;

(b) Birthday of Martin Luther King Jr., the third Monday in January;

(c) Washington's birthday, the third Monday in February;

(d) Memorial day, the last Monday in May;

(e) Independence day, July fourth;

(f) Labor day, the first Monday in September;

(g) Columbus day, the second Monday in October;

(h) Veteran's day, November eleventh;

(i) Thanksgiving day, the fourth Thursday in November; and

(j) Christmas day, December twenty-fifth.

(2) In order to count a holiday as actual hours of participation, the work eligible individual must have been scheduled to participate on that day but for the holiday.

(F) What if a work eligible individual fails to complete the assigned hours?

(1) Single custodial parent with a child under six:

The county agency shall inform single custodial parents caring for a child under six years of age of the following requirements, and may include this information on the participant's self sufficiency contract.

(a) The provisions in rule 5101:1-3-13 of the Administrative Code;

(b) The exception to imposing a three-tier sanction if the single custodial parent demonstrates an inability to obtain needed child care;

(c) The county agency procedures for determining a single custodial parent's inability to obtain needed child care;

(d) The fact that the exception to participation in work activities does not extend the OWF time limits; and

(e) The right to a state hearing.

Documentation to confirm that parents have been informed of this provision shall be contained in the case file.

(2) All others with missed hours:

Missed hours of participation in a month may be made up by a work eligible individual within the same month at the discretion of the county agency. Any missed hours of participation that are not made up by an individual may be considered good cause if they meet one of the good cause reasons set forth in rule 5101:1-3-13 of the Administrative Code. Any missed hours of participation which are not made up within the month or for which good cause cannot be established are subject to the three-tier sanction provisions as set forth in rule 5101:1-3-15 of the Administrative Code.

(3) If the county agency determines that the provisions of rule 5101:1-3-13 of the Administrative Code do not apply, the county agency shall apply the sanction policy pursuant to rule 5101:1-3-15 of the Administrative Code .

(G) What are the supervision requirements for unpaid work activities?

(1) Participation in unpaid activities shall be supervised no less frequently than once each day in which the individual is scheduled to participate.

(2) Daily supervision means that a responsible party has daily responsibility for oversight of the individual's participation, not necessarily daily, in-person contact with the participant.

(3) Work eligible individuals shall be supervised by one of the following:

(a) The employer;

(b) The work supervisor; or

(c) Other responsible third party.

(H) How are hours of participation in unpaid activities verified?

(1) All actual hours of participation shall be verified on a monthly basis.

(2) Verification is considered to be met when the county agency has received confirmation of the actual hours of participation.

(3) All assigned hours of participation shall be accounted for by the county agency.

(4) Verified hours of participation shall be entered into the client registry information system-enhanced (CRIS-E) in a timely manner.

(5) Acceptable types of verification for hours participated include but are not limited to the following:

(a) The CRIS-E generated schedule;

(b) JFS 06910 "Record of Attendance Report" (rev. 09/06);

(c) JFS 06909 "Record of School Attendance Report" (rev. 09/06);

(d) Data exchange report;

(e) Documented phone contact with work site; or

(f) Other county agency acceptable methods so long as the elements listed are included:

(i) The participant's name;

(ii) An accounting of all assigned hours of participation at that participation site;

(iii) The name and location of the participation site;

(iv) The name of the participant's work site supervisor; and

(v) The name and phone number of the person verifying the hours.

(I) How are hours of participation in paid activities verified?

(1) A county agency shall verify the participation hours for unsubsidized employment, subsidized employment program (SEP) and on-the-job training (OJT) at least once every six months.

(2) The hours reported on the interim report and verified pursuant to rule 5101:1-2-20 of the Administrative Code shall be used as a six month projection of hours of participation.

(3) The hours verified during the application and reapplication process as set forth in rules 5101:1-2-01 and 5101:1-2-10 of the Administrative Code shall be used as a six month projection of hours of participation.

(4) The county agency shall determine monthly work participation hours by multiplying the average weekly number of hours by 4.3.

(J) How are the work assignments affected by the Fair Labor Standards Act (05/00) (FLSA)?

(1) Work eligible individuals assigned to the work experience program (WEP) and community service activities are subject to FLSA requirements contained in 29 U.S.C. 201 (05/00).

(2) "To employ" is defined for purposes of complying with FLSA as "to suffer or permit to work."

(3) Work experience program and community service activities should be examined by the county agency to determine whether each assigned activity is subject to FLSA.

(4) The maximum monthly hours of participation allowable under FLSA are determined as follows:

(a) The OWF grant (before recoupment) and food assistance allotment (before recoupment) are added together;

(b) Child support collections received in the month and retained to reimburse the state or federal government for the current month's OWF payment are subtracted from the total in paragraph (J)(4)(a) of this rule.

(c) The net amount in paragraph (J)(4)(b) of this rule is divided by the higher of the state or federal minimum wage to determine the maximum allowable hours of monthly participation in work experience program or community service.

(5) If the child support received is fluctuating or not representative of the current child support payments, the county agency shall convert the child support payments to a monthly average using the process defined in paragraph (F)(3)(c)(i) of rule 5101:1-23-20 of the Administrative Code. The county agency shall use child support payments collected and retained in the immediately preceding three month period to determine an average amount to be used in the calculation of maximum monthly hours of participation allowable under FLSA.

(6) Any work allowance amount issued is excluded from the calculation of monthly FLSA hours of participation.

(7) If a work assignment is subject to the requirements of the FLSA and the allowable assignment for hours of participation falls below the core hour requirement as set forth in paragraph (F)(1) of rule 5101:1-3-01 of the Administrative Code one of the following must occur, except as provided in paragraph (D)(4) of this rule:

(a) The work eligible individual can make up the remainder of the core hours in a core activity not subject to FLSA; or

(b) The county agency can deem the remainder of the core hours to have been met.

(8) If core hours are deemed for a work eligible individual, as allowed in paragraph (J)(7)(b) of this rule, any remaining hours assigned can only be completed in a non-core activity.

(K) What other requirements pertain to OWF work activities?

(1) No work eligible individual shall be assigned to a work activity or alternative activity when the employer removes or discharges a person, for the purpose of substituting the individual in the person's place in any of the following circumstances:

(a) The person is already employed as a regular full-time or part-time employee of the employer;

(b) The person has been employed full time or part time as a work eligible individual in a work activity or alternative activity;

(c) The person is or has been involved in a dispute between a labor organization and the employer; or

(d) The person is on layoff from the same or any substantially equivalent job.

(2) No employer shall hire an OWF recipient or work eligible individual part-time to circumvent hiring a full-time employee.

(3) The county agency shall establish and maintain a grievance procedure for resolving complaints by individuals or their representatives that the assignment of a work eligible individual violates the provisions set forth in paragraph (K)(1) of this rule.

(4) Except for a work eligible individual who is assigned to subsidized employment as set forth in rule 5101:1-3-12.2 of the Administrative Code or unsubsidized employment as set forth in rule 5101:1-3-12.1 of the Administrative Code, credit for work performed by a work eligible individual in a work activity or alternative activity does not constitute remuneration for the purpose of Chapter 124., 144., or 145. of the Revised Code and services performed by the work eligible individual do not constitute employment for the purposes of Chapter 4141. of the Revised Code.

(5) The county agency shall implement and enforce the requirements of this rule. State and local agencies shall cooperate with the county agency to the maximum extent possible in the implementation of these sections.

(6) In employing persons to administer and supervise work activities and alternative activities, a county agency shall give first consideration to applicants for OWF and work eligible individuals provided such applicants and work eligible individuals qualify for the administrative and supervisory positions to be filled. An applicant or work eligible individual shall be eligible for first consideration only within the county in which the applicant applies for OWF or a work eligible individual participates in OWF.

(7) To the maximum extent practicable, necessary support services provided under section 5107.66 of the Revised Code shall be performed by work eligible individuals first placed in a work activity or alternative activity.

Effective: 05/07/2012
R.C. 119.032 review dates: 01/01/2017
Promulgated Under: 119.03
Statutory Authority: 5107.05 , 5107.16
Rule Amplifies: 5107.05
Prior Effective Dates: 3/1/1983, 6/7/1984 (Emer.), 9/1/1984, 8/1/1985, 3/1/1987, 12/1/1987 (Emer.), 2/15/1988, 1/1/1989, 6/30/1989 (Emer.), 9/23/1989, 4/2/1990, 4/1/1991, 7/1/1991, 5/1/1992, 9/1/1993, 12/1/1995 (Emer.), 2/19/1996, 7/1/1996 (Emer.), 10/1/1997, 12/20/1997, 10/1/1999, 1/1/2001, 10/1/2004, 7/1/2005, 9/29/2006 (Emer.), 12/29/2006, 7/1/2007, 10/1/2007 (Emer.), 12/29/2007, 10/1/2008, 5/1/2010, 2/5/2012

5101:1-3-12.1 Unsubsidized employment.

(A) Conflict with Revised Code

(1) Section (5) of Amended Substitute Senate Bill 238 of the 126th General Assembly (09/06) sets forth the following provision: Not later than September 30, 2006, the director of job and family services shall adopt rules as necessary for the state to comply with 42 U.S.C. 607(i)(2) (08/96). If necessary to bring the state into compliance with 42 U.S.C. 607(i)(2) (08/96), the rules may deviate from Chapter 5107. of the Revised Code. Rules adopted under this section that govern financial and other administrative requirements applicable to the department of job and family services and county departments of job and family services shall be adopted in accordance with section 111.15 of the Revised Code as if they were internal management rules. All other rules adopted under this section shall be adopted in accordance with Chapter 119. of the Revised Code.

(2) The county agency shall administer the work activity programs in accordance with the requirements contained in this rule and not in accordance with sections 5107.40 and 5107.60 of the Revised Code. All applicable requirements contained in the Revised Code sections referenced have been incorporated in this rule.

(B) What is unsubsidized employment?

(1) Unsubsidized employment means full or part time employment in the private or public sector that is not subsidized by temporary assistance for needy families (TANF) or any other public program.

(2) If an employer received a direct subsidy for hiring a recipient from TANF or other public funds, that recipient is considered to be in a subsidized public or private sector employment, not unsubsidized employment.

(3) Recipients whose employers claim a tax credit for hiring economically disadvantaged workers are considered to be participating in unsubsidized employment.

(4) Self employment will count as unsubsidized employment.

(C) What hours of participation in unsubsidized employment may count toward work participation?

(1) Verified hours of unsubsidized employment shall count toward work participation. Hours for unsubsidized employment shall be verified at least once every six months, as set forth in rule 5101:1-3-12 of the Administrative Code.

(2) Hours of self employment are determined by dividing the individual's self employment income (gross receipts less business expenses) by the federal minimum wage.

(3) Hours of employment resulting from in-kind or barter income, defined as an exchange of property or services, shall count toward work participation.

Effective: 02/05/2012
R.C. 119.032 review dates: 11/21/2011 and 01/01/2017
Promulgated Under: 119.03
Statutory Authority: 5107.05 , Section 5 of Amended Substitute Senate Bill 238 of the 126th General Assembly
Rule Amplifies: 5107.05
Prior Effective Dates: 9/26/2006 (Emer.), 12/29/2006, 7/1/2007, 10/1/2008

5101:1-3-12.2 Subsidized public and private employment.

(A) Conflict with Revised Code

(1) Section (5) of the Amended Substitute Senate Bill 238 of the 126th General Assembly (09/06) sets forth the following provision: Not later than September 30, 2006, the director of job and family services shall adopt rules as necessary for the state to comply with 45 U.S.C, 607(i)(2) (08/96). If necessary to bring the state into compliance with 42 U.S.C. 607(i)(2) (08/96), the rules may deviate from Chapter 5107. of the Revised Code. Rules adopted under this section that govern financial and other administrative requirements applicable to the department of job and family services and county departments of job and family services shall be adopted in accordance with section 111.15 of the Revised Code as if they were internal management rules. All other rules adopted under this section shall be adopted in accordance with Chapter 119. of the Revised Code.

(2) The county department of job and family services (CDJFS) shall administer the work activity programs in accordance with the requirements contained in this rule and not in accordance with sections 5107.40 and 5107.52 of the Revised Code.

(3) All applicable requirements contained in the Revised Code sections referenced in paragraph (A)(2) of this rule have been incorporated in this rule.

(B) What is the definition of subsidized private and/or public sector employment?

(1) Subsidized private and/ or public sector employment (SEP) means that employment for which the employer receives a subsidy from temporary assistance for needy families (TANF) or other public funds to offset some or all of the wages and costs of employing an individual. Work study which involves paid employment provided by an educational institution meets the definition of subsidized employment if the individual's earnings are subsidized by the educational institution.

(2) Hours of participation in supportive services such as substance abuse treatment, mental health treatment or rehabilitation activities or various other barrier removal or educational activities may count if the individual is paid for these hours as part of SEP.

(3) An employer can receive up to twelve monthly subsidy payments per individual placed with that employer. Longer durations may be appropriate for supported employment with individuals with disabilities as long as they are justified by an individualized needs assessment. The CDJFS shall determine when the subsidy will begin and when the subsidy shall end in accordance with the SEP contract.

(4) A SEP program shall include the expectation of continuing employment with the participating employer after the subsidy expires or a placement component that leads to employment with another employer after the subsidy expires. The expectation of employment may be contingent upon the participant's successful completion of any probationary or training period specified in the contract and abiding by the employer's rules and regulations.

(5) What are acceptable models of a SEP?

Acceptable models of a SEP include but are not limited to:

(a) The use of a third party who acts as the employer of record for a trial period, such as a temporary staffing agency. The organization receives a fee from the county agency or other public agency to cover the participant's salary and supportive services; or

(b) The use of supported work for individuals with disabilities, as defined under the Rehabilitation Act of 1973, 29 U.S.C. 705(35) . Supported work for individuals with disabilities means work in an integrated setting (i.e. where people with and without disabilities work in the same place) for a wage consistent with those paid to non-disabled workers with similar job functions.

(c) The use of transitional jobs for hard-to-employ Ohio works first participants. Transitional jobs provide time-limited, paid work experience combined with a comprehensive set of services in order to help participants overcome barriers to employment and build work related skills.

Effective: 02/01/2012
R.C. 119.032 review dates: 11/15/2011 and 02/01/2017
Promulgated Under: 119.03
Statutory Authority: 5107.05 , Section 5 of Amended Substitute Senate Bill 238 of the 126th General Assembly
Rule Amplifies: 5107.05
Prior Effective Dates: 9/29/06 (Emer.), 12/29/06, 7/1/07, 10/1/08

5101:1-3-12.3 Work experience program.

(A) Conflict with Revised Code

(1) Section (5) of Amended Substitute Senate Bill 238 of the 126th General Assembly (09/06) sets forth the following provision: Not later than September 30, 2006, the director of job and family services shall adopt rules as necessary for the state to comply with 42 U.S.C. 607(i)(2) (08/96). If necessary to bring the state into compliance with 42 U.S.C. 607(i) (2) (08/96), the rules may deviate from Chapter 5107. of the Revised Code. Rules adopted under this section that govern financial and other administrative requirements applicable to the department of job and family services and county departments of job and family services shall be adopted in accordance with section 111.15 of the Revised Code as if they were internal management rules. All other rules adopted under this section shall be adopted in accordance with Chapter 119. of the Revised Code.

(2) The county agencies shall administer the work activity programs in accordance with the requirements contained in this rule and not in accordance with sections 5107.40 , 5107.54 , 5107.541 and 5107.61 of the Revised Code.

(3) All applicable requirements contained in the Revised Code sections referenced in paragraph (A) (2) of this rule have been incorporated into this rule.

(B) What is the definition of a work experience program?

(1) A work experience program is a work activity that is:

(a) Performed in return for cash assistance; and

(b) Provides an individual an opportunity to acquire the general skills, knowledge, and work habits necessary to obtain employment.

(2) Work experience program activities may include, but are not limited to:

(a) Work associated with the refurbishing of publicly assisted housing;

(b) Service as an Ohio works first (OWF) ombudsperson pursuant to sections 329.07 and 5107.61 of the Revised Code; and

(c) Work as a school volunteer or classroom aide. A work-eligible individual may be assigned at a nonpublic or public school if they have a minor child enrolled in that school. Assignments pursuant to this paragraph must meet the definition of work experience.

(i) A county agency may contract with the chief administrator of a nonpublic school or with any school district board of education that has adopted a resolution under section 3319.089 of the Revised Code.

(ii) A contract shall provide for a participant to volunteer or work at the school as a classroom aide. If that is impossible or impractical, the contract may provide for the participant to volunteer to work in another position at the school.

(iii) A contract may provide for the nonpublic school or board of education to receive funding to pay for coordinating, training, and supervising participants volunteering or working in schools.

(iv) Notwithstanding section 3319.088 of the Revised Code, a participant volunteering or working as a classroom aide under this section is not required to obtain an educational aide permit or paraprofessional license. The participant shall not be considered an employee of a political subdivision for purposes of Chapter 2744. of the Revised Code and is not entitled to any immunity or defense available under that chapter, the common law of this state, or section 9.86 of the Revised Code.

(C) What activities do not meet the definition of a work experience program?

(1) Job search and job readiness activities;

(2) Vocational education;

(3) Caring for a disabled family member; and

(4) Attending medical appointments.

(D) What requirements apply to the work experience program?

(1) Hours assigned to the work experience program activity are subject to the Fair Labor Standards Act (05/00) requirements pursuant to paragraph (J) of rule 5101:1-3-12 of the Administrative Code.

(2) Each county agency shall make a list of work experience program sites available to the public.

(3) Work-eligible individuals assigned to work experience are not employees of the Ohio department of job and family services (ODJFS) or the county agency. The operation of a work experience program does not constitute the operation of an employment agency by the ODJFS.

(4) Unless a county agency pays the premiums for an entity, a private or government entity with which a work eligible individual is placed for work experience activities shall pay premiums to the bureau of workers' compensation on account of the work eligible individual.

Replaces: 5101:1-3- 12.3

Effective: 02/01/2012
R.C. 119.032 review dates: 10/01/2016
Promulgated Under: 119.03
Statutory Authority: 5107.05 , Section 5 of Amended Substitute Senate Bill 238 of the 126th General Assembly
Rule Amplifies: 5107.05
Prior Effective Dates: 9/29/2006 (Emer.), 12/29/2006, 10/1/2008

5101:1-3-12.4 On-the-job training.

(A) Conflict with Revised Code

(1) Section (5) of Amended Substitute Senate Bill 238 of the 126th General Assembly (09/06) sets forth the following provision: Not later than September 30, 2006, the director of job and family services shall adopt rules as necessary for the state to comply with 42 U.S.C. 607(i)(2) (08/96). If necessary to bring the state into compliance with 42 U.S.C. 607(i) (2) (08/96), the rules may deviate from Chapter 5107. of the Revised Code. Rules adopted under this section that govern financial and other administrative requirements applicable to the department of job and family services and county departments of job and family services shall be adopted in accordance with section 111.15 of the Revised Code as if they were internal management rules. All other rules adopted under this section shall be adopted in accordance with Chapter 119. of the Revised Code.

(2) The county agencies shall administer the work activity programs in accordance with the requirements contained in this rule and not in accordance with sections 5107.40 and 5107.60 of the Revised Code.

(3) All applicable requirements contained in the Revised Code sections referenced in paragraph (A) (2) of this rule have been incorporated into this rule.

(B) What is on-the-job training?

(1) On-the-job training means training in the public or private sector that is given to a paid employee while he or she is engaged in productive work and that provides the knowledge and skills essential to the full and adequate performance on the job.

(2) Paid internships and situations in which someone is engaged in subsidized employment and training may be considered on-the-job training.

Replaces: 5101:1-3- 12.4

Effective: 02/01/2012
R.C. 119.032 review dates: 10/01/2016
Promulgated Under: 119.03
Statutory Authority: 5107.05 , Section 5 of Amended Substitute Senate Bill 238 of the 126th General Assembly
Rule Amplifies: 5107.05
Prior Effective Dates: 9/29/2006 (Emer.), 12/29/2006, 7/1/2007, 10/1/2008

5101:1-3-12.5 Job search and job readiness assistance.

(A) Conflict with Revised Code

(1) Section (5) of Amended Substitute Senate Bill 238 of the 126th General Assembly (09/06) sets forth the following provision: Not later than September 30, 2006, the director of job and family services shall adopt rules as necessary for the state to comply with 42 U.S.C. 607(i)(2) (08/96). If necessary to bring the state into compliance with 42 U.S.C. 607(i)(2) (08/96), the rules may deviate from Chapter 5107. of the Revised Code. Rules adopted under this section that govern financial and other administrative requirements applicable to the department of job and family services and county departments of job and family services shall be adopted in accordance with section 111.15 of the Revised Code as if they were internal management rules. All other rules adopted under this section shall be adopted in accordance with Chapter 119. of the Revised Code.

(2) The county agency shall administer the work activity programs in accordance with the requirements contained in this rule and not in accordance with sections 5107.40 and 5107.50 of the Revised Code.

(3) All applicable requirements contained in the Revised Code sections referenced in paragraph (A)(2) of this rule have been incorporated in this rule.

(B) What is the definition of job search and job readiness assistance?

(1) Job search and job readiness assistance means the act of seeking or obtaining employment, preparation to seek or obtain employment, including life skills training, and substance abuse treatment, mental health treatment, or rehabilitation activities. Treatment or therapy must be determined to be necessary and documented by a qualified medical, substance abuse, or mental health professional.

(2) The following activities do not meet the definition of job search and job readiness assistance:

(a) Child's dental checkups, immunizations, and school attendance;

(b) Parenting skills training;

(c) Participating in head start;

(d) Personal care;

(e) Activities that promote a healthier lifestyle, such as smoking cessation.

(3) A county agency may utilize the services of private and governmental entities under contract with the county agency in operating the program.

(C) What are the limitations in counting job search and job readiness assistance participation hours toward the federal work participation rate?

(1) An individual's participation in job search and job readiness assistance counts for a maximum of six weeks in the preceding twelve months.

(2) Travel time to and from work sites does not count toward the participation requirements. However, the time an individual spends in job search and job readiness assistance traveling between multiple interviews may be counted in the hours of participation.

(3) For the six week limitation on participation, a week is defined as:

(a) Twenty hours for a work eligible individual who is a single custodial parent with a child under six years of age; or

(b) Thirty hours for all other work eligible individuals.

(4) Six weeks of job search and job readiness assistance equals:

(a) One hundred twenty hours in a twelve-month period for each work eligible individual described in paragraph (C)(3)(a) of this rule ; and

(b) One hundred eighty hours in a twelve-month period for each work eligible individual described in paragraph (C)(3)(b) of this rule .

(5) No more than four weeks of the six weeks may be consecutive.

(6) For purposes of the four consecutive week period, the following provisions are applicable:

(a) A week means seven consecutive days;

(b) Any hours of participation in job search and job readiness assistance activities in the seven consecutive day period shall count as an entire week.

(7) Once an individual has four consecutive weeks of participation, that individual's participation in job search and job readiness assistance may not count for one week (i.e., seven consecutive days).

Effective: 01/01/2014
R.C. 119.032 review dates: 10/02/2013 and 01/01/2019
Promulgated Under: 119.03
Statutory Authority: 5107.05 , Section 5 of Amended Substitute Senate Bill 238 of the 126th General Assembly
Rule Amplifies: 5107.05
Prior Effective Dates: 9/29/2006 (Emer.), 12/29/2006, 7/1/2007, 10/1/2008

5101:1-3-12.6 Community service.

(A) Conflict with Revised Code (1) Section (5) of Amended Substitute Senate Bill 238 of the 126th General Assembly (09/06) sets forth the following provision: Not later than September 30, 2006, the director of job and family services shall adopt rules as necessary for the state to comply with 42 U.S.C. 607(i)(2) (08/96). If necessary to bring the state into compliance with 42 U.S.C. 607(i)(2) (08/96), the rules may deviate from Chapter 5107. of the Revised Code. Rules adopted under this section that govern financial and other administrative requirements applicable to the department of job and family services and county departments of job and family services shall be adopted in accordance with section 111.15 of the Revised Code as if they were internal management rules. All other rules adopted under this section shall be adopted in accordance with Chapter 119. of the Revised Code.

(2) The county department of job and family services shall administer the work activity programs in accordance with the requirements contained in this rule and not in accordance with sections 5107.40 , 5107.541 and 5107.60 of the Revised Code.

(3) All applicable requirements contained in the Revised Code sections referenced in paragraph (A)(2) of this rule have been incorporated in this rule.

(B) What is community service? Community service means structured programs and embedded activities in which Ohio works first (OWF) work eligible individuals perform work for the direct benefit of the community under the auspices of public or nonprofit organizations, and are also designed to improve the employability of individuals not otherwise able to obtain unsubsidized full-time employment.

(C) What activities meet the definition of community service? (1) Community service programs shall be limited to projects that serve a useful community purpose in fields such as:

(a) Health;

(b) Social service;

(c) Environmental protection;

(d) Education;

(e) Urban or rural development;

(f) Welfare;

(g) Recreation;

(h) Public facilities; (i) Public safety; and (j) Child care.

(2) The following activities do not meet the definition of community service:

(a) Substance abuse treatment programs;

(b) Mental health and family violence counseling;

(c) Life skills classes;

(d) Parenting classes;

(e) Job readiness instruction; and (f) Caring for a disabled household member.

(3) A county agency shall take into account to the extent possible, the prior training, experience and skills of an assistance group member in making an appropriate community service assignment.

(D) Are community service activities subject to the Fair Labor Standards Act (05/00) (FLSA)? Hours assigned to community service shall be in compliance with the FLSA requirements set forth in paragraph (J) of rule 5101:1-3-12 of the Administrative Code.

(E) Who is responsible for workers compensation premiums? Unless a county agency pays the premiums for an entity, a private or government entity with which a work eligible individual is placed for community service activities shall pay premiums to the bureau of workers compensation on account of the work eligible individual.

(F) What educational activities meet the definition of community service? (1) A county agency may contract with the chief administrator of a nonpublic school or with any school district board of education that has adopted a resolution under section 3319.089 of the Revised Code.

(2) A work eligible individual who has a minor child enrolled in a nonpublic school or a public school in the district may be assigned under the community service program to volunteer or work for compensation at the school in which the child is enrolled.

(3) Unless it is not possible or practical, a contract shall provide for a work eligible individual to volunteer or work at school as a classroom aide. If that is impossible or impractical, the contract may provide for the work eligible individual to volunteer to work in another position at the school.

(4) A contract may provide for the nonpublic school or board of education to receive funding to pay for the coordination, training, and supervision of work eligible individuals who are volunteering or working in schools.

(5) Notwithstanding section 3319.088 of the Revised Code, a work eligible individual volunteering or working as a classroom aide under this section is not required to obtain an educational aide permit or paraprofessional license. The work eligible individual shall not be considered an employee of a political subdivision for purposes of Chapter 2744. of the Revised Code and is not entitled to any immunity or defense available under that chapter, the common law of this state, or section 9.86 of the Revised Code.

Replaces:

5101:1-3- 12.6

Effective: 05/01/2010
R.C. 119.032 review dates: 05/01/2015
Promulgated Under: 119.03
Statutory Authority: 5107.05 , Section 5 of Amended Substitute Senate Bill
238 of the 126th General Assembly Rule Amplifies: 5107.05
Prior Effective Dates: 9/29/2006 (Emer.), 12/29/2006, 10/1/2008

5101:1-3-12.7 Vocational educational training.

(A) Conflict with Revised Code

Section (5) of Amended Substitute Senate Bill 238 of the 126th General Assembly (09/06) sets forth the following provision: Not later than September 30, 2006, the director of job and family services shall adopt rules as necessary for the state to comply with 42 U.S.C. 607(i)(2) (08/96). If necessary to bring the state into compliance with 42 U.S.C. 607(i)(2) (08/96), the rules may deviate from Chapter 5107. of the Revised Code. Rules adopted under this section that govern financial and other administrative requirements applicable to the department of job and family services and county agencies shall be adopted in accordance with section 111.15 of the Revised Code as if they were internal management rules. All other rules adopted under this section shall be adopted in accordance with Chapter 119. of the Revised Code.

(B) The county agency shall administer the work activity programs in accordance with the requirements contained in this rule and not in accordance with sections 5107.01 , 5107.40 , 5107.43 , 5107.58 and 5107.60 of the Revised Code. All applicable requirements contained in the Revised Code sections referenced have been incorporated into this rule.

(C) What is vocational educational training?

(1) Vocational educational training means organized education programs that are directly related to the preparation of individuals for employment in current or emerging occupations requiring training.

(2) Vocational educational training must be provided by education and training organizations.

(3) Acceptable types of vocational educational training include, but are not limited to:

(a) Baccalaureate or advanced degrees;

(b) Associate degree;

(c) Instructional certificate program;

(d) Industrial skills certificate;

(e) Non-credit coursework; and

(f) Basic skills education and English as a second language (ESL) courses if they are a necessary and regular part of the vocational educational training.

(D) What hours of participation in vocational educational training may count toward work participation?

(1) Hours of participation are actual hours spent in the classroom not semester or quarter credit hours.

(2) The county agency may count supervised homework time and up to one hour of unsupervised time for each hour of class time. Total homework time counted for participation cannot exceed the hours required or advised by a particular education institution. The county agency must document the homework expectations of the educational program in order to count homework time.

(E) What are the limitations on vocational educational training?

(1) For each work eligible applicant or participant no more than twelve months of vocational educational training will count toward the federal participation rate in a lifetime.

(2) Not more than thirty per cent of the number of individuals assigned to vocational educational training in all families and in two parent families shall count toward the monthly work participation rate pursuant to rule 5101:1-3-01 of the Administrative Code.

(F) How is tuition covered?

(1) The participant shall make reasonable efforts, as determined by the county agency, to obtain a loan, scholarship, grant or other assistance to pay for the tuition, including a federal pell grant under 20 U.S.C. 1070a (10/98), an Ohio instructional grant under section 3333.12 of the Revised Code, and an Ohio college opportunity grant under section 3333.122 of the Revised Code.

(2) If the participant is unable to obtain sufficient assistance to pay the tuition the program may pay the tuition. The county agency may enter into a loan agreement with the participant to pay the tuition. The total period for which tuition is paid and loans made shall not exceed two years.

(3) If the participant volunteers to participate in the vocational education program for more hours each week than the hours assigned, the program may pay or the county agency may loan the cost of the tuition for the assigned number of hours.

(4) A county agency that provides loans pursuant to paragraph (F)(2) of this rule shall establish procedures governing loan application for and the approval and administration of loans granted.

Replaces: 5101:1-3- 12.7

Effective: 02/01/2012
R.C. 119.032 review dates: 02/01/2017
Promulgated Under: 119.03
Statutory Authority: 5107.05 , Section 5 of Amended Substitute Bill 238 of the 126th General Assembly
Rule Amplifies: 5107.05
Prior Effective Dates: 9/29/06 (Emer.), 12/29/06, 7/1/07, 10/1/08

5101:1-3-12.8 Providing child care services to an individual who is participating in a community service program.

(A) Conflict with Revised Code

(1) Section (5) of Amended Substitute Senate Bill 238 of the 126th General Assembly (09/06) sets forth the following provision: Not later than September 30, 2006, the director of job and family services shall adopt rules as necessary for the state to comply with 42 U.S.C. 607(i)(2) (08/96). If necessary to bring the state into compliance with 42 U.S.C. 607(i) (2) (08/96), the rules may deviate from Chapter 5107. of the Revised Code. Rules adopted under this section that govern financial and other administrative requirements applicable to the department of job and family services and county departments of job and family services shall be adopted in accordance with section 111.15 of the Revised Code as if they were internal management rules. All other rules adopted under this section shall be adopted in accordance with Chapter 119. of the Revised Code.

(2) The county agencies shall administer the work activity programs in accordance with the requirements contained in this rule and not in accordance with sections 5107.40 and 5107.60 of the Revised Code.

(3) All applicable requirements contained in the Revised Code sections referenced in paragraph (A) (2) of this rule have been incorporated into this rule.

(B) What does providing child care services to an individual who is participating in a community service program mean?

(1) Providing child care services to an individual who is participating in a community service program is a work activity in which a work-eligible individual provides child care to enable another work-eligible individual to participate in a community service program as set forth in rule 5101:1-3-12.6 of the Administrative Code.

(2) Providing child care to enable Ohio works first recipients to participate in other work activities does not meet this definition.

(C) What are the requirements for this activity?

(1) The activity must be a structured program designed to improve the employability of work-eligible individuals who participate in this activity.

(2) In a two-parent family, one parent cannot count as participating by providing child care for his or her own children while the other parent participates in a community service activity.

Replaces: 5101:1-3- 12.8

Effective: 02/01/2012
R.C. 119.032 review dates: 10/01/2016
Promulgated Under: 119.03
Statutory Authority: 5107.05 , Section 5 of Amended Substitute Senate Bill 238 of the 126th General Assembly
Rule Amplifies: 5107.05
Prior Effective Dates: 9/29/2006 (Emer.), 12/29/2006, 7/1/2007, 10/1/2008

5101:1-3-12.9 Job skills training directly related to employment.

(A) Conflict with Revised Code

(1) Section (5) of Amended Substitute Senate Bill 238 of the 126th General Assembly (09/06) sets forth the following provision: Not later than September 30, 2006, the director of job and family services shall adopt rules as necessary for the state to comply with 42 U.S.C. 607(i)(2) (08/96). If necessary to bring the state into compliance with 42 U.S.C. 607(i)(2) (08/96), the rules may deviate from Chapter 5107. of the Revised Code. Rules adopted under this section that govern financial and other administrative requirements applicable to the department of job and family services and county departments of job and family services shall be adopted in accordance with section 111.15 of the Revised Code as if they were internal management rules. All other rules adopted under this section shall be adopted in accordance with Chapter 119. of the Revised Code.

(2) The county agency shall administer the work activity programs in accordance with the requirements contained in this rule and not in accordance with sections 5107.40 and 5107.60 of the Revised Code. All applicable requirements contained in the Revised Code sections referenced have been incorporated in this rule.

(B) What is job skills training directly related to employment?

(1) Job skills training directly related to employment means training or education for job skills required by an employer to provide an individual with the ability to obtain employment or to advance or adapt to the changing demands of the workplace.

(2) Job skills training includes, but is not limited to the following:

(a) Customized training to meet the needs of a specific employer. Customized training can include literacy instruction or language instruction when such instruction is explicitly focused on skills needed for employment or combined in a unified whole with job skills training;

(b) General training that prepares an individual for employment; and

(c) Unpaid internships if directly related to employment.

(3) Post-secondary education leading to a baccalaureate or advanced degree may fall within the definition as long as it is directly related to a specific job or occupation. Participants can be assigned to this activity after the twelve months of vocational educational training has been used.

(4) The following activities do not meet the definition of job skills training directly related to employment:

(a) Substance abuse counseling and treatment;

(b) Mental health services; and

(c) Other rehabilitative activities.

(C) When may homework count toward the job skills training directly related to employment?

The county agency may count supervised homework time and up to one hour of unsupervised homework time for each hour of class time. Total homework time counted for participation may not exceed the hours required or advised by a particular educational institution. The county agency shall document the homework expectations of the educational program in order to count homework time.

Replaces: 5101:1-3- 12.9

Effective: 02/05/2012
R.C. 119.032 review dates: 01/01/2017
Promulgated Under: 119.03
Statutory Authority: 5107.05 , Section 5 of Amended Substitute Senate Bill 238 of the 126th General Assembly
Rule Amplifies: 5107.05
Prior Effective Dates: 9/29/2006 (Emer.), 12/29/2006, 7/1/2007, 10/1/2008

5101:1-3-12.10 Education directly related to employment in the case of a recipient who has not received a high school diploma or a certificate of high school equivalency.

(A) Conflict with Revised Code

(1) Section (5) of Amended Substitute Senate Bill 238 of the 126th General Assembly (09/06) sets forth the following provision: Not later than September 30, 2006, the director of job and family services shall adopt rules as necessary for the state to comply with 42 U.S.C. 607(i)(2) (08/96). If necessary to bring the state into compliance with 42 U.S.C. 607(i)(2) (08/96), the rules may deviate from Chapter 5107. of the Revised Code. Rules adopted under this section that govern financial and other administrative requirements applicable to the department of job and family services and county departments of job and family services shall be adopted in accordance with section 111.15 of the Revised Code as if they were internal management rules. All other rules adopted under this section shall be adopted in accordance with Chapter 119. of the Revised Code.

(2) The county agency shall administer the work activity programs in accordance with the requirements contained in this rule and not in accordance with sections 5107.40 and 5107.60 of the Revised Code. All applicable requirements contained in the Revised Code sections referenced have been incorporated into this rule.

(B) What is the work activity known as "education directly related to employment in the case of a recipient who has not received a high school diploma or a certificate of high school equivalency?"

(1) Education directly related to employment in the case of a recipient who has not received a high school diploma or a certificate of high school equivalency is defined as education related to a specific occupation, job or job offer.

(2) When required as a prerequisite for employment by employers or occupation this activity may include, but is not limited, to the following:

(a) Courses designed to provide the knowledge and skills for specific occupations or work settings;

(b) Adult basic education;

(c) English as a second language; or

(d) Education leading to a high school equivalency diploma. The county agency may determine on a case-by-case basis whether an immigrant or refugee who holds a high school diploma from another country, but not from an American high school or its equivalent, can qualify to participate in this activity. The determination will be based upon the appraisal or assessment, documenting the fact that verification is either unattainable or the overseas diploma is not comparable to an American diploma or high school equivalency diploma.

(C) When may homework count toward the work participation requirement?

The county agency may count supervised homework time and up to one hour of unsupervised homework time for each hour of class time. Total homework time counted for participation cannot exceed the hours required or advised by a particular educational institution. The county agency must document the homework expectations of the educational program in order to count homework time.

(D) What is the high school equivalence diploma?

High school equivalence diploma means a diploma attesting to the achievement of the equivalent of a high school education as measured by scores on a test of general educational development (GED) as published by the "American Council on Education." High school equivalence diploma includes a certificate of high school equivalence. This program formerly issued the general equivalency diploma or GED.

Replaces: 5101:1-3- 12.10

Effective: 02/05/2012
R.C. 119.032 review dates: 01/01/2017
Promulgated Under: 119.03
Statutory Authority: 5107.05 , Section 5 of Amended Substitute Senate Bill 238 of the 126th General Assembly
Rule Amplifies: 5107.05
Prior Effective Dates: 9/29/2006 (Emer.), 12/29/2006, 10/1/2008

5101:1-3-12.11 Satisfactory attendance at secondary school or in a course of study leading to a certificate of general equivalence, in the case of a recipient who has not completed secondary school or received such a certificate.

(A) Conflict with Revised Code

Section (5) of Amended Substitute Senate Bill 238 of the 126th General Assembly (09/06) sets forth the following provision: Not later than September 30, 2006, the director of job and family services shall adopt rules as necessary for the state to comply with 42 U.S.C. 607(i)(2) (08/96). If necessary to bring the state into compliance with 42 U.S.C. 607(i)(2) (08/96),the rules may deviate from Chapter 5107. of the Revised Code. Rules adopted under this section that govern financial and other administrative requirements applicable to the department of job and family services and county agencies shall be adopted in accordance with section 111.15 of the Revised Code as if they were internal management rules. All other rules adopted under this section shall be adopted in accordance with Chapter 119. of the Revised Code.

(B) The county agency shall administer the work activity programs in accordance with the requirements contained in this rule and not in accordance with sections 5107.40 and 5107.60 of the Revised Code. All applicable requirements contained in the Revised Code sections referenced have been incorporated into this rule.

(C) What is the work activity known as "satisfactory attendance at secondary school or in a course of study leading to a certificate of general equivalence, in the case of a recipient who has not completed secondary school or received such a certificate?"

(1) This work activity is defined as regular attendance in the secondary school or course of study at a secondary school, or in a course of study leading to a certificate of general equivalence for a work eligible individual who has not completed secondary school or received such a certificate. This includes hours of attendance in the following activities as long as they are an integral part of attaining a high school equivalence diploma:

(a) English as a second language;

(b) Career training;

(c) Alternative schooling;

(d) Tutoring;

(e) Dropout prevention; and

(f) Teen pregnancy or parenting programs.

(2) This activity may not include other related education activities, such as adult basic education or language instruction unless it is linked to attending a secondary school or leading to a high school equivalence diploma.

(D) When may homework count toward the work participation requirement?

The county agency may count supervised homework time and up to one hour of unsupervised homework time for each hour of class time. Total homework time counted for participation cannot exceed the hours required or advised by a particular educational institution. The county agency shall document the homework expectations of the educational program in order to count homework time.

(E) What is the high school equivalence diploma?

The high school equivalence diploma is a diploma attesting to achievement of the equivalent of a high school education as measured by scores obtained on tests of general educational development. This includes a certificate of high school equivalence issued prior to January 1, 1994, attesting to the achievement of the equivalent of a high school education as measured by scores obtained on tests of general educational development. This program formerly issued the general equivalency diploma or GED.

Replaces: 5101:1-3- 12.11

Effective: 02/01/2012
R.C. 119.032 review dates: 02/01/2017
Promulgated Under: 119.03
Statutory Authority: 5107.05 , Section 5 of Amended Substitute Senate Bill 238 of the 126th General Assembly
Rule Amplifies: 5107.05
Prior Effective Dates: 9/26/06 (Emer.), 12/29/06, 7/1/07, 10/1/08

5101:1-3-12.12 Alternative activities.

(A) Conflict with Revised Code

Section (5) of Amended Substitute Senate Bill 238 of the 126th General Assembly (09/06) sets forth the following provision: Not later than September 30, 2006, the director of job and family services shall adopt rules as necessary for the state to comply with 42 U.S.C. 607(i)(2) (08/96). If necessary to bring the state into compliance with 42 U.S.C. 607(i)(2) (08/96), the rules may deviate from Chapter 5107. of the Revised Code. Rules adopted under this section that govern financial and other administrative requirements applicable to the department of job and family services and county agencies shall be adopted in accordance with section 111.15 of the Revised Code as if they were internal management rules. All other rules adopted under this section shall be adopted in accordance with Chapter 119. of the Revised Code.

(B) The county agency shall administer the work activity programs in accordance with the requirements contained in this rule and not in accordance with sections 5107.40 , 5107.42 , 5107.43 and 5107.64 of the Revised Code. All applicable requirements contained in the Revised Code sections referenced have been incorporated into this rule.

(C) What are alternative activities?

(1) Alternative activities are activities designed to promote self sufficiency and personal responsibility that are intended to address temporary and permanent barriers to participating in work activities.

(2) The county agency shall establish and administer alternative activities for work eligible individuals participating in Ohio works first (OWF). In establishing alternative activities, the county agency is not limited by the restrictions imposed by Title IV-A.

(3) Acceptable types of alternative activities include, but are not limited to:

(a) Parenting classes and life-skills training;

(b) Participation in an alcohol or drug addiction program certified by the department of alcohol and drug addiction services under section 3793.06 of the Revised Code;

(c) Finding a home in the case of a homeless assistance group;

(d) Residing in a domestic violence shelter, receiving counseling or treatment related to the domestic violence or participating in criminal justice activities against the domestic violence offender; and

(e) Attending English as a second language course.

(4) What hours may count toward work participation?

(a) Hours of participation that individuals complete in alternative activities do not count toward the federal work participation rate.

(b) There is no minimum number of hours required for participation in alternative activities.

(c) There are no limitations as to the number of work eligible individuals who may be assigned to alternative activities.

Replaces: 5101:1-3- 12.12

Effective: 02/01/2012
R.C. 119.032 review dates: 02/01/2017
Promulgated Under: 119.03
Statutory Authority: 5107.05 , Section 5 of Amended Substitute Senate Bill 238 of the 126th General Assembly
Rule Amplifies: 5107.05
Prior Effective Dates: 9/29/06 (Emer.), 12/29/06, 10/1/08

5101:1-3-13 Ohio works first: good cause for work activity failures.

(A) Conflict with the Revised Code

(1) Section (5) of Amended Substitute Senate Bill 238 of the 126th General Assembly (09/06) sets forth the following provision: Not later than September 30, 2006, the director of job and family services shall adopt rules as necessary for the state to comply with 42 U.S.C. 607(i)(2) (08/96). If necessary to bring the state into compliance with 42 U.S.C. 607(i)(2) (08/96), the rules may deviate from Chapter 5107. of the Revised Code. Rules adopted under this section that govern financial and other administrative requirements applicable to the department of job and family services and county departments of job and family services shall be adopted in accordance with section 111.15 of the Revised Code as if they were internal management rules. All other rules adopted under this section shall be adopted in accordance with Chapter 119. of the Revised Code.

(2) The county agency shall administer the work activity programs in accordance with the requirements contained in this rule and not in accordance with sections 5107.14 , 5107.161 and 5107.162 of the Revised Code. All applicable requirements contained in the Revised Code sections referenced have been incorporated in this rule.

(B) What is good cause for work activity failures?

(1) "Good cause" is defined as a valid reason a work eligible individual failed to comply with a provision of their self sufficiency contract requirements.

(2) For each failure, refusal or absence, the county agency shall determine if good cause exists.

(C) What are allowable good cause reasons?

Good cause reasons are limited to the following:

(1) Illness of the work eligible individual or of another family member related by blood, marriage or adoption, living in the same household, if care by the work eligible individual was necessary;

(2) For either the work eligible individual or a family member living in the same household, a previously scheduled appointment necessary for medical, dental, or vision care.

(3) A previously scheduled job interview for a work eligible individual, including any subsequent interviews and/or testing requirements.

(4) Court ordered appearances.

(5) Appointment with another social service agency or program.

(6) Death in the family, with the length of absence to be determined by the county agency. "Family" is defined as spouse, domestic partner (domestic partner is defined as one who stands in place of a spouse and who resides with the work eligible individual), child, grandchild, parents, grandparents, siblings, stepchild, stepparent, step-siblings, great-grandparents, mother-in-law, father-in-law, sister-in-law, brother-in-law, son-in-law, daughter-in-law, or legal guardian or other person who stands in the place of a parent.

(7) A school, place of work or worksite is closed for the day.

(8) Lack of child care.

How is lack of child care determined?

In determining if good cause exists for nonparticipation with a work requirement for a work eligible individual, the county agency shall determine if child care is a necessary supportive service when a single custodial parent caring for a minor child under age six proves a demonstrated inability for one or more of the following reasons:

(a) Unavailability of a licensed or certified child care provider within a reasonable distance from the parent's home or work site. "Reasonable distance" is defined by each county agency and is based on availability of transportation.

(b) Unavailability or unsuitability of informal child care by a relative or other arrangements. "Unsuitability of informal child care" is a decision made by the county agency and is based on information received from the public children services agency (PCSA) that the PCSA determines is relevant to share with the county agency in order to protect children pursuant to rule 5101:2-33-21 of the Administrative Code.

(c) Unavailability of appropriate and affordable formal child care arrangements. "Affordable child care arrangements" means that work eligible individuals are guaranteed eligibility for child care subsidy with copayments based on family size and income.

(9) A failure of the county agency to provide supportive services.

(10) A failure of the county agency to provide the work eligible individual with all information necessary about the assignment.

(11) Circumstances involving domestic violence which make it difficult for the individual to comply in full with a provision of the self sufficiency contract, in accordance with rule 5101:1-3-20 of the Administrative Code.

(12) Other circumstances determined on a case by case basis by the county agency.

(D) How should a claim of good cause be documented?

(1) Verification of good cause may be required of the work eligible individual at the county agency's discretion.

(2) The county agency may request verification by a third party for a good cause claim.

(3) The county agency shall allow the work eligible individual no more than ten days from the request of verification to provide requested good cause verification.

(4) The work eligible individual has primary responsibility for providing verification to support the claim of good cause and resolve any questionable information.

(5) A work eligible individual may supply good cause verification in person, through the mail, by fax, electronically, through an authorized representative, or through the primary information person. The county agency shall not require the work eligible individual to present verification in person.

(E) What happens if good cause is not found?

If the claim of good cause is not found to be valid, the county agency shall either:

(1) Allow the work eligible individual to make up the missed hours of participation within the same month in accordance with rule 5101:1-3-12 of the Administrative Code; or

(2) Impose a new or continue an existing sanction in accordance with rule 5101:1-3-15 of the Administrative Code.

Replaces: 5101:1-3-11

Effective: 05/07/2012
R.C. 119.032 review dates: 05/01/2017
Promulgated Under: 119.03
Statutory Authority: 5107.05 , 5107.14 , 5107.16
Rule Amplifies: 5107.05
Prior Effective Dates: 3/1/1983, 6/7/1984 (Emer.), 9/1/1984, 8/1/1985, 3/1/1987, 12/1/1987 (Emer.), 2/15/1988, 1/1/1989, 6/30/1989 (Emer.), 9/23/1989, 4/2/1990, 4/1/1991, 7/1/1991, 5/1/1992, 9/1/1993, 12/1/1995 (Emer.), 2/19/1996, 7/1/1996 (Emer.), 10/1/1997, 12/20/1997, 10/1/1999, 1/1/2001, 10/1/2004, 7/1/2005, 9/29/2006 (Emer.), 12/29/2006, 7/1/2007, 10/1/2007 (Emer.), 12/29/2007, 10/1/2008

5101:1-3-14 Ohio works first : penalties.

(A) Conflict with Revised Code

(1) Section (5) of Amended Substitute Senate Bill 238 of the 126th General Assembly (09/06) sets forth the following provision: Not later than September 30, 2006, the director of job and family services shall adopt rules as necessary for the state to comply with 42 U.S.C. 607(i)(2) (08/96). If necessary to bring the state into compliance with 42 U.S.C. 607(i)(2) (08/96), the rules may deviate from Chapter 5107. of the Revised Code. Rules adopted under this section that govern financial and other administrative requirements applicable to the department of job and family services and county departments of job and family services shall be adopted in accordance with section 111.15 of the Revised Code as if they were internal management rules. All other rules adopted under this section shall be adopted in accordance with Chapter 119. of the Revised Code.

(2) The county department of job and family services shall administer the work activity programs in accordance with the requirements contained in this rule and not in accordance with sections 5107.14 , 5107.16 , 5107.41 and 5107.70 of the Revised Code.

(3) All applicable requirements contained in the Revised Code sections referenced in paragraph (A)(2) of this rule have been incorporated in this rule.

(B) Penalties

Certain situations are not subject to the three tier sanction policy set forth in rule 5101:1-3-15 of the Administrative Code but continue to be subject to existing statutory and administrative rule penalties even if the requirement is included as part of the assistance group's self sufficiency contract. The following list of penalties is not all inclusive.

(1) The following penalties result in the denial or termination of Ohio works first (OWF):

(a) Failure or refusal to sign the self sufficiency contract by a work eligible individual as set forth in rule 5101:1-3-11 of the Administrative Code.

(b) Failure without good cause to attend an appraisal or assessment interview, or complete an appraisal or assessment, by a work eligible individual required to do so in accordance with paragraph (C) of rule 5101:1-3-12 of the Administrative Code.

(c) Failure or refusal to cooperate in the application and reapplication process (including failure to appear for scheduled appointments) and provide required verifications necessary to determine eligibility as set forth in rules 5101:1-2-01 and 5101:1-2-10 of the Administrative Code.

(d) Failure or refusal to accept unconditionally available income as set forth in rule 5101:1-23-20 of the Administrative Code.

The individual who is under penalty remains a work eligible individual as defined in paragraph (B) of rule 5101:1-3-12 of the Administrative Code.

(2) The following penalties result in a reduction of the OWF grant and/or the removal of an individual:

(a) Failure to cooperate in the enumeration process as set forth in rule 5101:1-3-09 of the Administrative Code results in the removal of the individual(s) for whom enumeration verification has not been provided for the OWF benefits.

(b) A teen parent who is not exempt from learning, earning and parenting (LEAP) participation as provided in rule 5101:1-23-50 of the Administrative Code, and who meets the following conditions is not eligible to participate in OWF:

(i) The teen is under the age of eighteen;

(ii) The teen has a child and his or her child is at least twelve weeks of age;

(iii) The teen has not successfully completed high school or its equivalent; and

(iv) The teen is not attending school, or an alternate education or training program defined by the county agency.

(c) A LEAP attendance failure as set forth in section 5107.30 of the Revised Code and rule 5101:1-23-50 of the Administrative Code results in a reduction of the OWF grant.

(d) A learnfare failure as set forth in section 5107.28 of the Revised Code results in a reduction of the OWF grant.

(e) An individual who is a fugitive felon as defined in section 5101.20 of the Revised Code is not eligible to be included in the OWF grant. An individual who is fleeing to avoid prosecution or custody for a crime, or an attempt to commit a crime, that would be classified as a felony (or in the state of New Jersey, a high misdemeanor) as defined in section 5101.20 of the Revised Code is not eligible to be included in the OWF grant.

(f) An individual who is violating a condition of probation, a community control sanction, parole, or a post-release control sanction imposed under federal or state law for a felony is not eligible to be included in the OWF grant.

The county agency shall utilize the following procedure when it has information that an individual may be ineligible under paragraphs (B)(2)(e) and (B)(2)(f) of this rule:

(i) The county agency shall contact the appropriate law enforcement agency to give the law enforcement agency thirty days to determine if the individual is fleeing and to arrest or extradite the individual.

(ii) If within the thirty days the law enforcement agency arrests or extradites the individual, the county agency shall take appropriate action to remove the individual from the assistance group if he or she is no longer a member of the household.

(iii) If by the end of the thirty days the law enforcement agency has not been able to arrest or extradite the individual, the county agency shall take appropriate action to impose ineligibility under this section for as long as the law enforcement agency continues to take appropriate action to arrest or extradite the individual and provides written documentation.

(iv) If within the thirty days the law enforcement agency indicates it will not attempt to arrest or extradite the individual or that the individual is not fleeing, the county agency shall not impose ineligibility under this section.

(3) The following time-limited penalties result in the denial or termination of OWF:

(a) Termination of employment without just cause as set forth in section 5107.26 of the Revised Code results in the imposition of a six month period of ineligibility for OWF.

For OWF participants, the six month period begins the month after the month in which employment is terminated. For transitional medicaid or transitional child care participants, the six month period begins the month in which the employment is terminated. This penalty only applies to transitional medicaid or transitional child care assistance groups that were in receipt of OWF cash assistance on the day prior to the day that the assistance group began receiving the transitional medicaid or transitional child care benefits. There is no penalty if the individual who terminated employment without just cause is not an OWF, transitional medicaid or transitional child care participant.

(b) Receipt of fraudulent assistance as set forth in section 5101.83 of the Revised Code and rule 5101:1-23-75 of the Administrative Code results in ineligibility for the assistance group until the fraudulent assistance is repaid.

(c) Refusal to cooperate with a quality assessment (QA) review results in termination of OWF for the assistance group. "Refusal to cooperate with a quality assessment review" means that the assistance group is able to cooperate but refused to take the actions that it can take to assist in verifying the assistance group's eligibility. The OWF assistance group is ineligible for OWF for a period of three calendar months or until the assistance group cooperates with the QA review, whichever is earlier.

When the QA reviewer determines that the QA review cannot be completed because the OWF assistance group member responsible for cooperating with the QA review refuses to cooperate as defined in this paragraph, the QA reviewer will notify the CDJFS in writing of the individual's refusal to cooperate. In accordance with the provisions set forth in rule 5101:6-2-04 of the Administrative Code, the CDJFS must send prior notice of adverse action to the assistance group prior to imposing the penalty. OWF assistance must be terminated as of the next recurring month following the expiration of the adverse action period, unless a hearing is timely requested pursuant to the provisions set forth in division 5101:6 of the Administrative Code.

(4) The following penalty is time-limited and results in the reduction of OWF and the removal of the individual:

Fraudulent misrepresentation of residence resulting in a federal or state court conviction results in a ten year period of ineligibility for OWF for the individual convicted.

(a) The individual must have been convicted in federal or state court of having made a fraudulent statement or misrepresentation with respect to the place of residence in order to receive assistance simultaneously from two or more states.

(b) The ten year period begins on the date the individual is convicted in federal or state court provided that the conviction date is on or after August 22, 1996.

(c) The provision shall not apply with respect to a conviction of an individual for any month beginning after the president of the United States grants a pardon with respect to the conduct which was the subject of the conviction.

(C) Assistance group movement in penalty situations

(1) The following provisions apply to the penalties listed in paragraph (B)(3) of this rule:

(a) An individual who causes the penalty carries the penalty into another assistance group which becomes ineligible due to the penalty until the period of ineligibility ends. The remaining members of the new assistance group are not affected by that penalty, unless they were members of the original assistance group at the time of the penalty. The individual who is under penalty remains a work eligible individual as defined in paragraph (B) of rule 5101:1-3-12 of the Administrative Code.

(b) A minor child who ceases to reside with the penalized assistance group is eligible for OWF provided all eligibility requirements are met.

(c) The period of ineligibility shall be served by all remaining assistance group members in situations where the individual who caused the period of ineligibility leaves the household. This provision is not applicable to the penalty set forth in paragraph (B)(3)(c) of this rule.

(d) Individuals in a two parent assistance group who separate carry the penalty with them into the next assistance group.

(e) All individuals in the OWF assistance group or those individuals who would have been required to be included in the OWF assistance group in accordance with rule 5101:1-23-10 of the Administrative Code at the time of the failure are not eligible to receive OWF until the penalty has been served.

(f) Individuals who enter the home after the date of ineligibility are not eligible to receive OWF regardless of whether they would otherwise meet the eligibility requirements.

Effective: 05/01/2010
R.C. 119.032 review dates: 02/11/2010 and 05/01/2015
Promulgated Under: 119.03
Statutory Authority: 5107.05 , Section 5 of Amended Substitute Senate Bill
238 of the 126th General Assembly
Rule Amplifies: 5107.05
Prior Effective Dates: 10/1/1997 (Emer.), 12/30/1997, 7/1/1998, 1/1/1999,
10/1/1999, 7/1/2000, 10/1/2000, 8/29/2003 (Emer.), 3/1/2005, 9/29/2006 (Emer.), 12/29/2006, 10/1/2008

5101:1-3-15 Ohio works first: three-tier sanctions.

(A) Conflict with the Revised Code

(1) Section (5) of Amended Substitute Senate Bill 238 of the 126th General Assembly (09/06) sets forth the following provision: Not later than September 30, 2006, the director of job and family services shall adopt rules as necessary for the state to comply with 42 U.S.C. 607(i)(2) (08/96). If necessary to bring the state into compliance with 42 U.S.C. 607(i)(2) (08/96), the rules may deviate from Chapter 5107. of the Revised Code. Rules adopted under this section that govern financial and other administrative requirements applicable to the department of job and family services and county departments of job and family services shall be adopted in accordance with section 111.15 of the Revised Code as if they were internal management rules. All other rules adopted under this section shall be adopted in accordance with Chapter 119. of the Revised Code.

(2) The county agency shall administer the work activity programs in accordance with the requirements contained in this rule and not in accordance with sections 5107.14 , 5107.161 and 5107.162 of the Revised Code. All applicable requirements contained in the Revised Code sections referenced have been incorporated in this rule.

(B) What is a sanction?

A sanction is the denial or termination of an assistance group's eligibility to participate in Ohio works first (OWF) due to a member of the assistance group failing and/or refusing to comply in full with a provision of the self sufficiency contract without good cause as set forth in rule 5101:1-3-13 of the Administrative Code.

(C) When shall a sanction be imposed and how long shall it last?

For purposes of this rule a payment month means a calendar month and sanctions shall be imposed as follows:

(1) For a first failure or refusal, the county agency shall deny or terminate benefits for one calendar month or until the failure or refusal ceases, whichever is longer;

(2) For a second failure or refusal, the county agency shall deny or terminate benefits for three calendar months or until the failure or refusal ceases, whichever is longer;

(3) For a third or subsequent failure or refusal, the county agency shall deny or terminate benefits for six calendar months or until the failure or refusal ceases, whichever is longer.

(4) An adult who is sanctioned, pursuant to paragraph (C)(3) of this rule for a failure and/or refusal, without good cause, to comply in full with a provision of a self sufficiency contract related to work activities, loses eligibility for medicaid as set forth in rule 5101:1-40-02.1 of the Administrative Code unless the adult is otherwise eligible for medicaid pursuant to another division of section 5111.01 of the Revised Code.

(5) Subsequent failures and/or refusals without good cause to comply with a provision in the self sufficiency contract that occur up until the imposition of the sanction are considered the same occurrence.

(6) In a two-parent assistance group, the assistance group's number of occurrences is the higher amount that either individual incurred prior to the formation of the two-parent assistance group.

(7) Individuals in a two-parent assistance group who separate carry only the occurrences caused by their own failure and/or refusals into another assistance group.

(D) Who is included in the sanction?

All individuals in the OWF assistance group in accordance with rule 5101:1-3-10 of the Administrative Code at the time of the failure and/or refusal are included in the sanction. An assistance group must include the non-recipient work eligible individual as set forth in rule 5101:1-3-12 of the Administrative Code.

(E) When does an imposed sanction become effective?

(1) For applicant assistance groups the sanction period begins with the date of application.

(2) For recipient assistance groups the sanction period begins with the next recurring month following the expiration of the adverse action period as set forth in rule 5101:6-2-04 of the Administrative Code unless a hearing is requested pursuant to the provisions of division 5101:6 of the Administrative Code. If a hearing is requested timely and the assistance group continues to receive OWF the work requirements are applicable.

(3) If a hearing request is made within fifteen calendar days after the mailing of the notice, the imposition of the sanction is postponed. If a hearing request is made after the fifteenth day, but on or before the ninetieth day, the hearing shall be conducted but the sanction is not postponed.

(4) Sanctions shall not be held in abeyance. For assistance groups whose OWF benefits are terminated for another reason, the sanction period begins with the month after OWF is terminated for the assistance group, subject to the prior notice of adverse action requirements as set forth in rule 5101:6-2-04 of the Administrative Code.

(F) How is an assistance group notified of the proposed sanction?

Before a county agency sanctions an assistance group pursuant to paragraph (C) of this rule, the Ohio department of job and family services (ODJFS) shall provide the assistance group with written notice of the sanction failure and/or refusal dates and failed and/or refused hours when applicable.

(G) How is a sanction ended?

The assistance group member who failed or refused a provision of the self sufficiency contract must:

(1) Sign and submit to the county agency a JFS 03804 "Ohio Works First/Food Assistance Sanction Compliance Request" (rev. 08/2013) or the client registry information system-enhanced (CRIS-E) equivalent; and

(2) Serve the minimum sanction period.

(3) For a second and any subsequent sanction the assistance group member who failed and/or refused, to comply with a provision of the self sufficiency contract without good cause, must demonstrate a willingness to comply with the self sufficiency contract through the completion of an appropriate compliance activity as assigned by the county agency as set forth in paragraph (H) of this rule.

(H) What are acceptable compliance activities?

(1) For applicant and recipient sanctions imposed due to a failure and/or refusal to complete a work activity and/or alternative activity without good cause, the compliance assignment shall:

(a) Consist of no more than the missed hours listed on the notice provided in paragraph (F) of this rule for a consecutive fourteen day period.

(b) The consecutive fourteen day period begins with the first work or alternative activity failure and/or refusal date indicated on the notice.

(c) Compliance assignments must be completed in no more than fourteen consecutive days.

(d) Work eligible individuals may not complete work and/or alternative activity hours in a compliance activity prior to the imposition of the sanction.

(2) For recipient sanctions proposed due to a failure and/or refusal to cooperate with the child support enforcement agency without good cause, the sanctioned assistance group member's child support compliance activity shall be determined by the child support enforcement agency.

(3) For recipient sanctions proposed due to all other types of failures or refusals without good cause the work eligible individual's compliance activity shall be determined by the county agency.

(I) What if the compliance activity is not completed?

(1) The county agency shall determine if good cause exists for each failure, refusal or absence. If the county agency determines the failure, refusal or absence was a result of a good cause reason the hours or other compliance activity shall be considered completed by the sanctioned individual. Good cause reasons are limited to:

(a) Holidays as set forth in rule 5101:1-3-12 of the Administrative Code; and

(b) Good cause reasons as defined in rule 5101:1-3-13 of the Administrative Code.

(2) If the county agency does not find good cause for a failure and/or refusal to complete a compliance activity:

(a) For work and/or alternative compliance activities, the sanctioned individual shall start all work and/or alternative compliance activities again.

(b) For compliance with the child support enforcement agency, the sanctioned individual shall work with the child support enforcement agency until compliance is met.

(c) For other compliance activities, the sanctioned individual shall work with the county agency until the county agency determined compliance is met.

(J) When shall OWF be reinstated?

OWF shall be reinstated the first day of the month following the expiration of the minimum sanction period when all of the following are met:

(1) The assistance group member who failed and/or refused a provision of the self sufficiency contract has entered into a new or amended self sufficiency contract with the county agency;

(2) The sanction compliance activity is completed on or before the last day of the minimum sanction period; and

(3) All other eligibility requirements are met. If the assistance group's circumstances have changed such that the county agency questions the eligibility for OWF, the county agency shall request the necessary verifications, as set forth in rule 5101:1-2-20 of the Administrative Code, to establish eligibility. Every effort shall be made by the county agency to determine eligibility before the expiration of the minimum sanction period. This time frame for reinstating OWF benefits following the expiration of the sanction period may be exceeded if the following occurs:

(a) There is a failure, with good cause, to secure the necessary verifications; and

(b) The failure to secure the verifications is considered beyond the control of the county agency or the assistance group.

(K) When shall OWF benefits not be reinstated?

The situations in which OWF shall not be reinstated are when:

(1) The assistance group was sanctioned as an applicant assistance group;

(2) It is time for the assistance group's regularly scheduled eligibility redetermination; or

(3) The individual who caused the sanction has not completed sanction compliance, as set forth in paragraphs (G) and (H) of this rule, or failed and/or refused to enter into a new or amended self sufficiency contract, before the last day of the minimum sanction period.

(L) How can an assistance group get OWF benefits if they are not reinstated?

When OWF is not reinstated:

(1) The assistance group must reapply as set forth in rule 5101:1-2-01 of the Administrative Code.

(2) OWF eligibility begins either when sanction compliance has been met or the date of application, whichever is later.

(M) Does a sanction move with an assistance group member?

(1) If the individual who caused the sanction becomes a required member of a new assistance group, that assistance group is not eligible to receive OWF benefits until the expiration of the minimum sanction period and the completion of the sanction compliance as set forth in paragraphs (G) and (H) of this rule by the sanctioned individual.

(2) If the adults in a sanctioned assistance group who did not cause the sanction become required member(s) of a new assistance group, that assistance group is not eligible to receive OWF benefits until the expiration of the minimum sanction period.

(3) If only the minor children who no longer reside with the original sanctioned adults become required members of a new assistance group, they may be eligible for OWF and are not required to serve the minimum sanction period.

(N) What social services are sanctioned assistance groups eligible for?

An assistance group that would be participating in OWF if not for a sanction shall continue to be eligible for all of the following:

(1) Publicly funded child care in accordance with division (A)(3) of section 5104.30 of the Revised Code;

(2) Support services in accordance with section 5107.66 of the Revised Code; and

(3) To the extent permitted by the Fair Labor Standards Act of 1938, 52 Stat. 1060, 29 U.S.C.A. 201 (05/00), to participate in work activities and alternative activities.

Replaces: 5101:1-3-15

Effective: 09/01/2013
R.C. 119.032 review dates: 09/01/2018
Promulgated Under: 119.03
Statutory Authority: 5107.05 , Section 5 of Amended Substitute Senate Bill 238 of the 126th General Assembly
Rule Amplifies: 5107.05 , 5107.16 , 5107.17
Prior Effective Dates: 10/1/1997 (Emer.), 12/30/1997, 7/1/1998, 1/1/1999, 10/1/1999, 7/1/2000, 1 0/1/2000, 8/29/2003 (Emer.), 3/1/05, 9/29/2006 (Emer.), 12/29/2006, 10/1/2007 (Emer.), 12/29/2007, 10/1/2008, 10/15/2009

5101:1-3-15.1 Transition of Ohio works first sanctioned assistance groups and compliance.

(A) How is a sanction ended for Ohio works first (OWF) assistance groups with a self sufficiency contract failure and/or refusal that occurred prior to the effective date of this rule?

Individuals sanctioned due to a self sufficiency contract failure and/or refusal that occurred prior to the effective date of this rule must serve the minimum sanction period. The sanction shall be ended once the minimum sanction period has expired.

(B) How does an OWF assistance group sanctioned due to a self sufficiency contract failure and/or refusal that occurred prior to the effective date of this rule begin receiving OWF?

Once the sanction has been ended as set forth in paragraph (A) of this rule, the OWF assistance group must do the following:

(1) Reapply under section 5107.12 of the Revised Code and rule 5101:1-2-01 of the Administrative Code; and

(2) Enter into a new self sufficiency contract as set forth in rule 5101:1-3-11 of the Administrative Code.

(C) How does a failure or refusal cease for a sanctioned OWF assistance group with a self sufficiency contract failure and/or refusal that occurred on or after the effective date of this rule?

Individuals sanctioned due to a self sufficiency contract failure and/or refusal that occurred on or after the effective date of this rule must complete the compliance process as set forth in rule 5101:1-3-15 of the Administrative Code.

Effective: 09/01/2013
R.C. 119.032 review dates: 09/01/2018
Promulgated Under: 119.03
Statutory Authority: 5107.05 , Section 5 of Amended Substitute Senate Bill 238 of the 126th General Assembly
Rule Amplifies: 5107.05 , 5107.16 , 5107.17

5101:1-3-16 The prevention, retention, and contingency employer subsidy.

(A) What is the prevention, retention, and contingency (PRC) employer subsidy program?

Chapter 5108 of the Revised Code establishes the PRC program under which a county agency may establish an employer subsidy program.

(1) The purpose of the PRC employer subsidy programs is to provide eligible individuals an opportunity to obtain employment and provide employers an incentive to hire participants who are in need of benefits and services to overcome barriers to employment.

(2) Public, private non-profit, and private for profit employers are eligible to participate in PRC employer subsidy programs.

(3) Employers participating in PRC employer subsidy programs shall receive a subsidy for a specific period of time to assist in the cost of hiring and providing training to the participant.

(4) The subsidized job position may be full or part time. "Full time" and "part time" is defined by the employer.

(5) Participants in a PRC employer subsidy program shall be considered regular, permanent employees of the employer. They shall be paid the same rate as other employees doing similar work and shall be entitled to the same employment benefits and opportunities for the advancement and affiliations with employee organizations that are available to other regular employees of the employer.

(6) The county agency or contract program provider and the participant shall enter into a written contract with the employer.

(a) The contract shall be written effective with the first day of employment.

(b) The contract shall specify the number of hours of employment and the number of months of employer subsidy.

(c) The contract shall specify the amount of the monthly subsidy the employer will be receiving. It is recommended that this amount not exceed fifty per cent of the wages paid by the employer.

(7) The PRC subsidy program shall include the expectation of continuing employment with the participating employer after the subsidy expires or a placement component that leads to employment with another employer after the subsidy expires. The expectation of employment may be contingent upon the participant's successful completion of any probationary or training period specified in the contract and abiding by the employer's rules and regulations.

(B) What are the county agency requirements?

(1) The county agency shall work with the employer to determine the requirements for the subsidized job and screen participants for placement with the employer.

(2) The county agency shall track the subsidy payments to the employer and monitor the participant's progress in employment during the subsidy period.

(3) Subject to the availability of funds, the county agency shall provide support services the county agency determines to be necessary to assist the participant in obtaining or maintaining employment with the employer.

(4) The county agency should encourage employers to build career ladders to enable participants to move into higher skilled and higher paying positions that will lead them toward self sufficiency.

(C) Who may participate in a PRC employer subsidy program?

(1) Ohio works first assistance groups who are participating in the subsidized employment program pursuant to rule 5101:1-3-12.2 of the Administrative Code and subsequently become ineligible for Ohio works first may potentially continue to be eligible to participate in a PRC employer subsidy program provided that:

(a) The county agency has designated the employer subsidy as a PRC program under the county's PRC plan and the individual is otherwise eligible in accordance with the requirements of Chapter 5108. of the Revised Code; and

(b) The individual is still working for the employer and the terms of the original contract are met.

(2) An individual who is not in receipt of Ohio works first may potentially be eligible to participate in the employer subsidy program provided that the county agency has designated the employer subsidy as a PRC program under the county's PRC plan and the individual is otherwise eligible in accordance with the requirements of Chapter 5108. of the Revised Code.

Replaces: 5101:1-3-16

Effective: 02/01/2012
R.C. 119.032 review dates: 10/01/2016
Promulgated Under: 119.03
Statutory Authority: 5107.05 , Section 5 of Amended Substitute Senate Bill 238 of the 126th General Assembly
Rule Amplifies: 5107.05
Prior Effective Dates: 10/01/1997, 01/01/2001, 10/01/2005, 9/29/2006 (Emer.), 12/29/2006, 7/1/2007

5101:1-3-18 Individual development account program.

(A) What is an individual development account program?

(1) An ""individual development account (IDA) is a trust created or organized in the United States to enable an eligible individual the opportunity to accumulate funds for purposes defined in paragraph (D)(1) of this rule.

(2) Pursuant to sections 329.11 to 329.14 of the Revised Code, a county agency may establish an IDA program for residents of the county. The program shall provide for establishment of accounts for participants and acceptance of contributions from individuals and entities, including the county agency, to be used as matching funds for deposit in the accounts.

(B) How can a county agency establish an IDA program?

(1) The county agency shall select a fiduciary organization to administer its IDA program. As set forth in section 329.11 of the Revised Code, a "fiduciary organization" is defined as a nonprofit fundraising organization exempt from federal taxation pursuant to 26 U.S.C. 501(a) and (c)(3) (2006).

(2) The responsibilities of a fiduciary organization include but are not limited to:

(a) Ensuring that the organization is bonded for the amount of money the individuals have contributed plus the amount of interest generated by the account;

(b) Marketing the program to individuals and matching fund contributors;

(c) Depositing the individual's contributions and matching contributions in a financial institution in accordance with section 329.13 of the Revised Code within twenty-four hours of receipt of those contributions;

(d) Ensuring that the allowable matching contribution does not exceed four times the deposited amount and that the account does not exceed ten thousand dollars at any time. Interest generated by an IDA is part of the IDA;

(e) Creating an investment plan to ensure the IDA accounts will obtain a return with a minimal risk of loss;

(f) Creating a plan to prevent unauthorized use of matching contributions and to enforce any penalties pursuant to paragraph (C) of this rule;

(g) Providing financial counseling for account holders; (h) Conducting verification of eligibility for an IDA;

(i) Complying with federal and state requirements for IDAs; and

(j) Evaluating the IDA program as required by the county agency and/or the Ohio department of job and family services (ODJFS).

(3) Matching funds may be provided by or through a non profit, tax exempt organization, or a state or local government agency that works cooperatively with a nonprofit, tax-exempt organization.

(4) If a fiduciary organization participating in the IDA program wants to terminate its participation in the program, it shall give thirty days written notice to the county agency. The county agency shall be responsible for selecting another fiduciary organization to administer the program. In the event the IDA program is terminated, the funds in any existing IDA, including matching contributions, will be disbursed to the individual.

(5) If a fiduciary organization does not fulfill its responsibilities, the fiduciary organization shall not be allowed to participate in the IDA program until it can prove to the satisfaction of the county agency that it can fulfill those responsibilities. If the fiduciary organization misuses the IDA funds, the organization shall be permanently excluded from participation and shall be referred to the county prosecutor. Pursuant to section 329.13 of the Revised Code, a county agency cannot stand alone as a fiduciary organization. It can however, work in cooperation with a nonprofit fundraising organization.

(C) Who can participate in an IDA program?

(1) An individual whose household income does not exceed two hundred per cent of the federal poverty level is eligible to participate in an IDA program established by the county agency in which the individual resides.

(2) An individual who does not use IDA funds in the manner mandated in section 329.14 of the Revised Code shall be:

(a) Terminated from participation in the IDA program;

(b) Denied participation in any IDA program for a period of six months for the first occurrence and for one year for the second or subsequent occurrence. The penalty period shall begin the month following the month of withdrawal of IDA funds; and

(c) Referred to the county prosecutor for misuse of the funds.

(3) Any remaining money in the IDA less matching contributions from outside entities shall be disbursed to the individual at the beginning of the penalty period. The remaining contributor matching funds are to be returned to the contributor.

(D) For what purposes can an IDA be used?

(1) The money from an IDA account can only be used for the following purposes:

(a) Postsecondary educational expenses paid directly from the account to an eligible education institution or vendor on behalf of the IDA participant;

(b) Qualified acquisition expenses of a principal residence, as defined in 26 U.S.C. 1034(2006) , paid directly from the account to the person or government entity to which the expenses are due;

(c) Qualified business capitalization expenses made in accordance with a qualified business plan that has been approved by a financial institution or by a nonprofit microenterprise program having demonstrated business expertise and paid directly from the account to the person to whom the expenses are due.

(2) A fiduciary organization shall permit a participant to withdraw money deposited by the participant if it is needed to deal with a personal emergency of the participant or a member of the participant's family or household. Withdrawal shall result in the loss of any matching funds in an amount equal to the amount of the withdrawal.

(3) Regardless of the reason of the withdrawal, a withdrawal from an IDA shall be made only with the approval of the fiduciary organization.

(E) What IDA reports shall be submitted?

(1) The county agency shall require the fiduciary organization to collect and maintain information regarding the IDA program pursuant to the provisions of section 329.12 of the Revised Code. The fiduciary organization shall report account information to the county agency on the JFS 05101, "The Ohio Department of Job and Family Services, Individual Development Account Report" ( rev. 8/2006).

(2) The county agency shall prepare a semi-annual report on its IDA program pursuant to the requirements of division (E) of section 329.12 of the Revised Code.

Effective: 11/01/2013
R.C. 119.032 review dates: 08/07/2013 and 11/01/2018
Promulgated Under: 119.03
Statutory Authority: 5101.971
Rule Amplifies: 329.11 , 329.12 , 329.13 , 329.14
Prior Effective Dates: 12/1/99, 1/1/05, 9/4/08

5101:1-3-20 Ohio works first: domestic violence- information, screening, referral and waiver of eligibility requirements.

Effective January 1, 2008, each applicant for and recipient of Ohio works first (OWF) shall receive information, screening, referral and waiver of certain OWF eligibility requirements if the individual has been subjected to domestic violence. This rule complies with sections 5107.71 to 5107.717 of the Revised Code, which were contained in Amended Substitute House Bill 119 (Am. Sub . H.B. 119, 127th General Assembly).

(A) What is the definition of domestic violence?

"Domestic violence" means being subjected to any of the following:

(1) Physical acts that resulted in, or threatened to result in, physical injury to the individual;

(2) Sexual abuse;

(3) Sexual activity involving a dependent child;

(4) Being forced as the caretaker relative of a dependent child to engage in nonconsensual sexual acts or activities;

(5) Threats of, or attempts at, physical or sexual abuse;

(6) Mental abuse (including emotional harm);

(7) Neglect or deprivation of medical care.

(B) What are the responsibilities of the county agency?

The county agency shall be aware and recognize the signs of domestic violence and develop a process for addressing the domestic violence. The county agency shall:

(1) Inform all applicants for OWF that waivers of OWF eligibility requirements are available for victims of domestic violence;

(2) Screen all applicants for domestic violence as provided in this rule;

(3) Refer all individuals who respond affirmatively to any screening question to counseling and supportive services;

(4) If the county agency determines that the individual has been subjected to domestic violence and requiring compliance with the OWF eligibility requirement(s) would make it more difficult for the individual to escape the domestic violence, identify and waive the OWF eligibility requirements;

(5) Report information regarding domestic violence waivers to the Ohio department of job and family services (ODJFS) for statistical and federal reporting purposes.

(C) When does the county agency need to provide information and what information should be provided?

Each county agency shall provide the JFS 07501, "Program Enrollment and Benefit Information", (rev. 07/2011) to every applicant as set forth in paragraph (L) of rule 5101:1-2-01 of the Administrative Code. The county agency may provide additional information about local supportive services or programs.

(D) What screening is required and when must individuals be screened?

Each county agency shall screen for domestic violence. Screening is an ongoing process and shall be conducted at several different intervals including the following:

(1) Appraisal

At each appraisal and reappraisal conducted in accordance with section 5107.41 of the Revised Code, and rule 5101:1-3-12 of the Administrative Code. The county agency shall use the screening questions developed by ODJFS. The county agency must maintain confidentiality. Except as provided in paragraph (G)(5) of this rule, the county agency shall maintain and protect the confidentiality of the information about an individual who has been subjected to domestic violence.

(2) OWF time limits

Each time an individual requests or applies for an extension beyond the thirty-six month time limit for receipt of cash assistance due to a state hardship or good cause condition; and each time an individual requests or applies for an extension beyond the federal sixty-month limit for receipt of cash assistance due to a federal hardship condition, as set forth in section 5107.18 of the Revised Code, and rule 5101:1-23-01 of the Administrative Code.

(3) Cooperation with child support (IV-D)

When an individual claims good cause for refusal to cooperate in establishing paternity and securing support, that information is sent to the county child support enforcement agency (CSEA) for a determination of good cause. This information will be transmitted to the CSEA via the JFS 07092, "Notice to Individuals Applying for or Participating in Ohio Works First (OWF) Regarding Cooperation with the Child Support Enforcement Agency (CSEA)" (rev. 03/2009).

(4) Good cause for failure to comply with self-sufficiency contract

Each time the county agency reviews whether an individual has good cause for a failure to comply with the self-sufficiency contract required by rule 5101:1-3-11 of the Administrative Code.

(5) Other

At any other time the county agency determines that a review of the family's circumstances and continued eligibility for OWF should be completed.

(E) When must a county agency make a referral?

The county agency shall refer an individual for counseling and supportive services if that individual responds affirmatively to any screening question asked at any of the intervals listed in paragraph (D) of this rule. The county agency shall also refer an individual for counseling and supportive services if the county agency otherwise becomes aware that the individual is, or is at risk of becoming, a victim of domestic violence.

The individual may decline the referral for counseling and supportive services at the point of referral or may stop counseling or refuse supportive services at any time.

(F) When shall a county agency grant a waiver?

If a county agency determines that the individual has been subjected to domestic violence and requiring compliance with the requirement would make it more difficult for the individual to escape domestic violence or unfairly penalize the individual, the county agency shall waive the requirement and exempt the individual from that requirement.

The county agency shall:

(1) Collect supporting documentation including the following:

(a) Where available, records from any of the following sources:

(i) Police, courts and other governmental entities;

(ii) Shelters, and legal, religious, medical and other professionals from whom the individual sought assistance in dealing with domestic violence;

(iii) Other persons with knowledge of the domestic violence.

(b) In the absence of any of the above documentation, the individual's allegation of domestic violence, as identified by the individual requesting the waiver on the JFS 03803, "Ohio Works First (OWF) & Food Assistance: Domestic Violence Waiver Request and Verification Form" (rev. 01/2010), unless the county agency has an independent, reasonable basis to find that the individual's allegation is not credible.

(G) What OWF eligibility requirements can be waived?

(1) The following OWF eligibility requirements shall be waived if the requirements set forth in paragraph (F) of this rule are met:

(a) Mandatory participation in a work activity

An individual may be assigned to and engaged in an activity; however the individual cannot be sanctioned for failure to comply with any activities outlined in the individual's self-sufficiency contract.

(b) Cooperation with child support in establishing paternity and support

Waiver of cooperation with child support is determined by the CSEA pursuant to rule 5101:12-10-32 of the Administrative Code.

(c) OWF thirty-six month time limit for receipt of OWF cash assistance

Extensions beyond the thirty-six month time limit, as set forth in rule 5101:1-23-01 of the Administrative Code, due to a domestic violence waiver will not count in the determination of the county twenty per cent limit for hardship extensions, as provided in rule 5101:1-23-01.1 of the Administrative Code.

(2) The following OWF eligibility requirements may be waived at county option depending upon the individual's or family's circumstances.

(a) Verification of income

The requirement to verify income as set forth in rules 5101:1-2-20 and 5101:1-23-20 of the Administrative Code may be waived. However, in the absence of verification, the county agency shall document in the case record that verification was unavailable, and that the income that was used to determine eligibility was based on the individual's signed statement.

(b) Penalty for quitting a job without just cause

The penalty for quitting a job as provided in section 5107.26 of the Revised Code, and rule 5101:1-3-14 of the Administrative Code may be waived.

(3) How long does a waiver last?

The county agency shall review the individual's continued eligibility for the waiver of OWF eligibility requirements set forth in this rule. There is no limit on the number of times (or length of time) that a waiver can be extended. The county agency shall review the necessity for a waiver at least once every six months. The county agency may at its option, review the individual's continued eligibility for a waiver more frequently than every six months. However, the length of time for a waiver of cooperation with child support granted under the provisions contained in paragraph (G)(1)(b) of this rule, and rule 5101:12-10-32 of the Administrative Code, is determined and shall be governed by the CSEA.

(4) How are individuals told about a county agency decision on a waiver?

The county agency shall issue written prior notice, in accordance with division 5101:6 of the Administrative Code, of its decision approving or denying waiver of the OWF eligibility requirement. The individual may appeal the county agency's determination pursuant to section 5101.35 of the Revised Code.

(a) The individual may decline a waiver that would otherwise be approved under paragraphs (F) and (G) of this rule.

(b) The individual may also accept a waiver of eligibility requirements, but may terminate the waiver at any time.

(5) What reporting responsibilities does the county agency have?

The county agency shall provide information to ODJFS about each individual to whom a waiver is granted under the provisions set forth in this rule for federal reporting and statistical analysis purposes only.

(H) What are the responsibilities of ODJFS?

The ODJFS will monitor county agency implementation and compliance regarding the provisions set forth in this rule.

Effective: 02/01/2012
R.C. 119.032 review dates: 11/02/2011 and 02/01/2017
Promulgated Under: 119.03
Statutory Authority: 5107.02 , 5107.71 , 5107.711 , 5107.712 , 5107.713 , 5107.714 , 5107.715 , 5107.716 , 5107.717
Rule Amplifies: 5107.02 , 5107.71 , 5107.711 , 5107.712 , 5107.713 , 5107.714 , 5107.715 , 5107.716 , 5107.717
Prior Effective Dates: 1/1/08, 6/1/10

5101:1-3-21 [Rescinded]Ohio works first (OWF)/DA: concurrent receipt of assistance.

Rescinded effective 7/1/98
Rule promulgated under: RC Chapter 119.
Rule authorized by: RC 5107.05 , 5115.05
Rule amplifies: RC 5107.05 , 5115.05
REPLACES FORMER RULE 5101:1-25-55.
REVIEW DATE: 12/02/2002
Prior Effective Dates: 5-1-82; 11-1-83 (Temp); 1-1-84; 7-15-84 (Temp); 10-1-84; 8-1-86 (Emer.); 10-3-86; 7-1-90; 10-1-91 (Emer.); 12-20-91; 9-1-94; 10-30-95; 1-1-96; 12-30-97