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Ohio Laws and Rules
(A) Each family with a monthly income of ten dollars or more shall be assessed a copayment based on family size and gross monthly income.
(1) The copayment shall be paid to the provider in each copayment calendar month according to the “Child Care Copayment Calendar” that appears in the appendix to this rule.
(2) The copayment shall be based on the total monthly income, calculated in accordance with rule 5101:2-16-34 of the Administrative Code.
(3) The copayment amount shall be determined according to the “Child Care Copayment Chart” that appears in the appendix to this rule.
(4) The copayment shall not exceed ten per cent of the family’s monthly income.
(B) The county department of job and family services shall determine the copayment at the time the family submits an application and supporting documentation.
(1) Except as provided in (B)(2) of this rule, the copayment shall be in effect for the twelve-month eligibility period.
(2) The copayment shall be reduced if the caretaker reports a decrease in income or a change in household composition that results in a reduction of the copayment amount.
(3) The copayment shall be recalculated as part of the annual redetermination of eligibility.
(C) All families shall pay the copayment for child care services. The CDJFS may waive fees on a case by case basis for families eligible for protective child care benefits.
(D) A family shall not be required to pay any part of the copayment if the copayment exceeds the total cost of care for any month that child care services are provided.
(E) In addition to the copayment established by the CDJFS, the family may be required by the provider to pay fees which are not the responsibility of the CDJFS. The caretaker and provider shall make satisfactory arrangements for payment of such fees. These types of fees include, but are not limited to, the following:
(1) Late fees.
(2) Activity fees.
(3) Transportation fees.
(4) Fees charged for absentee days which exceed those reimbursed by the CDJFS.
(5) Fees charged by the provider for child care services which exceed the hours and days authorized by the CDJFS.
(F) A family shall not be required to pay fees to the child care provider which are the responsibility of the CDJFS, as required in rule 5101:2-16-41 of the Administrative Code, and the terms agreed to in the JFS 01224 “Contract for Purchase of Publicly Funded Child Care Services” (rev. 7/2009), including the difference between the reimbursement rate and the provider’s customary charge to the public when the customary charge is higher.
(G) The copayment shall be subtracted from the provider’s reimbursement prior to payment by the CDJFS.
(H) Collection of the copayment and provider fees shall be the responsibility of the provider.
(I) The CDJFS shall inform the provider of the amount of the copayment.
(J) The provider shall establish a written agreement for payment of the copayment and fees, signed and dated by both the provider and the caretaker.
(1) The caretaker shall adhere to this agreement by paying the copayment each month according to the “Child Care Copayment Calendar” that appears in the appendix to this rule.
(2) The provider shall give a copy of the written agreement to the caretaker and shall retain a copy for review by the CDJFS.
(K) When the copayment is delinquent more than ten calendar days from the due date established in the written copayment agreement, the provider shall submit a record of delinquent copayments to the CDJFS no later than fifteen calendar days from the due date established in the caretaker/provider written copayment agreement.
(L) When the CDJFS has verified that the copayment is delinquent, child care benefits shall be terminated after the caretaker has been provided prior written notice of the action. The CDJFS shall notify the caretaker by sending the JFS 04065.
(M) A caretaker shall be ineligible for child care benefits as long as delinquent copayments are owed, unless satisfactory arrangements are made to pay delinquent copayments. Arrangements to pay delinquent copayments shall be satisfactory to both the caretaker and the provider.
Appendix to rule 5101:2-16-39
Child Care Copayment Chart
See Appendix at http://www.registerofohio.state.oh.us/pdfs/5101/2/16/5101$2-16-39_PH_EM_AE_APP2_20090723_1302.pdf
Appendix to rule 5101:2-16-39
Child Care Copayment Calendar – SFY 2010
See Appendix at http://www.registerofohio.state.oh.us/pdfs/5101/2/16/5101$2-16-39_PH_EM_AE_APP4_20090723_1302.pdf
Effective: 07/23/2009
Promulgated Under: 119.03
Statutory Authority: 5104.34, 5104.38
Rule Amplifies: 5104.01, 5104.30, 5104.34, 5104.341
Prior Effective Dates: 4/1/90 (Emer.), 6/22/90, 5/1/91 (Emer.), 7/1/91, 11/1/91 (Emer.), 1/20/92, 7/6/92 (Emer.), 10/1/92, 6/1/93 (Emer.), 7/2/93 (Emer.), 8/20/93, 10/2/95 (Emer.), 12/26/95, 10/1/97 (Emer.), 12/30/97, 1/1/99, 2/14/02, 6/9/03, 2/1/05 (Emer.), 4/1/05, 7/1/05 (Emer.), 10/1/05, 7/1/06, 2/1/07, 7/1/07, 7/1/08