(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 into 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.
(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.
(4) As part of the appraisal, if a work eligible individual discloses, has, or appears to have a physical or mental condition that substantially limits one or more major life activities, the county agency shall offer additional screening to the individual consistent with the requirements of rule 5101:9-2-02 of the Administrative Code and the Americans with Disabilities Act (ADA) (1990) plan adopted by the county agency in accordance with rule 5101:9-2-02 of the Administrative Code. If additional screening indicates the presence of a disability, the plan for self-sufficiency made in accordance with this paragraph, shall be consistent with the county agency's ADA plan.
(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.
(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 5160.37 , 5160.38 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.
(l) An explanation of the individual's rights under the ADA, including the right to request another appraisal when the individual discloses, has, or appears to have a physical or mental condition that substantially limits one or more major life activities .
(m) A description of each reasonable modification made for an individual with a disability.
(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. 7/2014) 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 self sufficiency contract 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.
(J) What is the comprehensive case management and employment program (CCMEP)?
In accordance with section 305.190 of Amended Substitute House Bill 64 of the 131st General Assembly (6/2015), each OWF work eligible individual between the age of sixteen and twenty-four is required to participate in CCMEP as a condition of receiving OWF. As part of CCMEP, the work eligible individual will: undergo a comprehensive assessment; develop an individual opportunity plan; and participate in various activities designed to achieve career goals and promote self sufficiency. Therefore, for each OWF work eligible that is between the age of sixteen and twenty-four, the county agency shall:
(1) Limit the scope of the appraisal and/or assessment conducted in accordance with this rule to only ensuring that the work eligible individual meets the definition of "work eligible individual" in rule 5101:1-1-01 of the Administrative Code;
(2) Complete a self sufficiency contract with the work eligible individual that requires the individual to undergo an assessment for CCMEP and to cooperate with development of an individual opportunity plan;
(3) Notify the individual that the self sufficiency contract signed at the time of the OWF eligibility determination will remain in effect until the individual signs an individual opportunity plan developed in accordance with rule 5101:14-1-05 of the Administrative Code. Once the individual opportunity plan has been signed:
(a) The individual opportunity plan is the work eligible individual's self sufficiency contract and plan to achieve the goal of self sufficiency and personal responsibility within the OWF time limit; and
(b) A failure or refusal to comply with a provision of the individual opportunity plan without good cause shall be considered the same as a failure to comply with the self sufficiency contract and the county agency shall sanction the individual's assistance group in accordance with rule 5101:1-3-15 of the Administrative Code. The determination of good cause is the sole responsibility of the lead agency that determined a failure occurred in accordance with rule 5101:14-1-05 of the Administrative Code.
(4) Refer the work eligible individual to CCMEP in accordance with the county's CCMEP program plan;
(5) Not delay the authorization of OWF benefits to complete the referral to CCMEP; and
(6) Act upon all information received as part of CCMEP.
Five Year Review (FYR) Dates: 10/01/2019
Promulgated Under: 119.03
Statutory Authority: 5107.05, 5107.14, 5107.16
Rule Amplifies: 5107.05, 5107.12, 5107.14, Sec. 305.190 of Am. Sub. H.B. 64, of the 131st General Assembly
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, 5/7/2012, 10/1/2014