5101:2-16-35 County agency responsibilities for determining eligibility for publicly funded child care benefits.

(A) The county agency shall document the date the JFS 01138 "Application for Child Care Benefits" (rev. 1/2014) is received .

(B) The National Voter Registration Act (NVRA) of 1993 requires each state to provide voter registration services at designated government agencies that provide public assistance.

(1) The county agency shall distribute voter registration applications with the JFS 01138.

(2) The county agency shall follow procedures outlined in rule 5101:1-2-15 of the Administrative Code for the acceptance of voter registration applications.

(C) The county agency shall determine eligibility no later than thirty calendar days from the date the county agency receives the application. The complete application and all required supporting documentation shall be retained in the agency's files.

(D) The county agency shall not require a face-to-face interview with the caretaker if the information required for determining the caretaker's eligibility for child care is already on file with the county agency and/or the required information can be obtained through other methods.

(E) If the county agency determines a caretaker is eligible for child care benefits, the eligibility period may begin on the date the county agency received the application. The caretaker shall receive notice of approval for child care benefits by the JFS 04074 "Notice of Approval of Your Application for Assistance" (rev. 9/2011) or its computer-generated equivalent.

(F) If the county agency determines a caretaker ineligible for child care benefits the county agency shall deny the application. The county agency shall:

(1) Provide the caretaker with a notice of denial of an application for child care benefits by the JFS 07334 "Notice of Denial of Your Application for Assistance" (rev. 9/2011) or its computer-generated equivalent.

(2) Authorize child care pursuant to paragraph (E) of rule 5101:2-16-35.1 of the Administrative Code for the period of time between the date the county agency receives the application and the date of denial plus five days, not to exceed a full time authorization.

(a) The county agency shall notify the provider of the denial of the application at the time of the caretaker's denial and if the provider is permitted to submit the JFS 01211 "Request for Payment of Publicly Funded Child Care Services Provided for a Denial of Application" (9/2014).

(b) The county agency shall approve publicly funded child care payment after denial for the caretaker only once during a twelve month period.

(G) At the time of initial determination and redetermination of eligibility, the county agency shall provide the caretaker with the following information:

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

(2) Notice that the use of child care services is a condition of eligibility for continued enrollment and the specific time limitation on the use of child care services must follow the requirements of this rule.

(3) Notice that the caretaker shall complete and provide a copy of the child's health record to the child care provider by the first day of the child's attendance.

(4) A signed copy of the caretaker's rights and responsibilities.

(H) The county agency shall redetermine eligibility for child care annually.

(1) The caretaker shall be notified in writing of the requirement to redetermine eligibility, no later than forty-five calendar days prior to the last day of the current eligibility period.

(2) The county agency shall redetermine eligibility by the last day of the current eligibility period.

(I) The county agency shall propose termination of child care benefits using the JFS 04065 "Prior Notice of Right to a State Hearing" (rev. 5/2001) or its computer-generated equivalent fifteen calendar days prior to the date of the proposed action if any of the following occur:

(1) The caretaker fails to submit a redetermination application and all required supporting documentation by fifteen days prior to the end of the current eligibility period.

(2) The county agency determines the family is no longer eligible.

(J) If the county agency determines the caretaker eligible for child care benefits for a new eligibility period, the new period shall begin on the date following the last day of the current eligibility period. The county agency shall provide notice of approval for child care benefits using the JFS 04074 or its computer-generated equivalent.

(K) If the county agency determines the caretaker ineligible for child care benefits for a new eligibility period, the county agency shall provide notice of denial of an application for child care benefits using the JFS 07334 or its computer-generated equivalent.

(L) The county agency shall assure that alternative methods for application are available to families through telephone, fax, computer and other means at locations other than the county agency that are convenient and accessible for families. These shall include, but are not limited to, the following:

(1) The county agency may contract with child care providers or resource and referral organizations to make all or any part of the eligibility determinations.

(2) The county agency may contract with child care providers or resource and referral organizations to collect information for use by the county agency in determining eligibility for child care benefits.

(3) The county agency shall make application forms available at appropriate locations and allow applicants to complete the application process at times outside their normal working hours and at locations convenient and accessible to the applicant. Arrangements may include:

(a) Stationing county agency staff at various sites in the county to assist applicants in completing the application process and to make eligibility determinations at those locations.

(b) Assigning county agency staff to hours of employment outside the normal working hours of the county agency to collect information relevant to application for child care and to make eligibility determinations.

(c) Providing training and technical assistance to appropriate individuals to qualify them in providing assistance in completing the application process and making eligibility determinations.

(4) The county agency may complete or receive the application with information provided over the telephone, fax, the Ohio department of job and family services (ODJFS) child care web site at http://jfs.ohio.gov/cdc/families.stm, or via computer. The county agency may use and accept electronic records and electronic signatures as specified in Chapter 1306. of the Revised Code.

(M) The county agency shall deny or terminate a caretaker's eligibility for child care benefits, after providing hearing notice rights as required by applicable rules in division 5101:6 of the Administrative Code, if the caretaker does any of the following:

(1) Does not meet current eligibility, unless the caretaker is approved for continuing eligibility pursuant to paragraph (H) of rule 5101:2-16-30 of the Administrative Code.

(2) Has another adult caretaker available in the family (as determined pursuant to rule 5101:2-16-30 of the Administrative Code) who can provide appropriate care for the child, except when the caretaker provides written verification to the CDJFS from a licensed physician, licensed psychologist, licensed psychiatrist or public children services agency (PCSA) that the caretaker cannot provide appropriate care for the child.

(3) Does not cooperate in determining eligibility for current or for past benefits.

(4) Does not enter into or comply with an agreement with the county agency or ODJFS to repay a child care overpayment.

(5) Does not use child care services for a period of thirty-one consecutive days, unless exempted by this rule.

(6) Does not pay the required child care copayment unless the family makes arrangements to pay delinquent copayments.

(7) Owes delinquent copayments to a child care provider, unless satisfactory arrangements are made to pay such delinquent copayments.

(8) Owes a child care overpayment or the caretaker fails to make or comply with arrangements to repay a child care overpayment.

(N) The county agency may terminate a caretaker's eligibility for child care benefits, after providing hearing notice rights as required by applicable rules in division 5101:6 of the Administrative Code, if the caretaker or designee:

(1) Does not comply with Ohio electronic child care (ECC), which includes, but is not limited to, use of the swipe card, manual claims and adjustment processing.

(2) Does not comply with a review conducted by ODJFS pursuant to rule 5101:2-16-72 of the Administrative Code.

(O) The county agency shall not terminate child care benefits pursuant to paragraph (N)(5) of this rule if any of the following criteria are met:

(1) A caretaker has not utilized child care benefits because the caretaker has not participated in an education or training activity which prepares the caretaker for paid employment due to a scheduled break in the education or training activity. This scheduled break cannot exceed one quarter or one semester.

(2) A caretaker has not utilized child care benefits due to an inability to arrange placement with an eligible provider of the caretaker's choice.

(3) A caretaker has not utilized child care benefits due to a child's visitation with a non-residential caretaker.

(P) The county agency shall assist migrant families in obtaining appropriate documentation in order to expedite the migrant family's determination of eligibility for child care benefits.

(Q) If a caretaker moves to another county, all counties shall use the procedures outlined by ODJFS for transferring cases between counties.

(R) Notice and hearing requirements contained in division 5101:6 of the Administrative Code shall apply to determinations of eligibility for child care benefits. The county agency shall issue a notice of a change in child care benefits to the caretaker within ten calendar days from the date the change of circumstance was reported by the caretaker.

Effective: 09/14/2014
R.C. 119.032 review dates: 05/01/2019
Promulgated Under: 119.03
Statutory Authority: 5104.34 , 5104.38
Rule Amplifies: 5104.30 , 5104.32 , 5104.34 , 5104.38
Prior Effective Dates: 7/29/91, 11/1/91 (Emer.), 1/20/92, 1/1/94, 1/2/96 (Emer.), 3/1/96, 10/1/97 (Emer.), 12/30/97, 1/1/99, 2/14/02, 4/1/03, 7/1/05 (Emer.), 9/26/05, 2/1/07, 2/1/08, 7/1/09, 3/28/10, 8/28/11, 5/4/14