5101:2-16-39 Copayment for publicly funded child care benefits.

(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. The copayment amount shall be in effect for the entire twelve-month eligibility period unless any of the following occurs:

(1) The caretaker reports a change in family income, family size, or both, that reduces the amount of the copayment, and the CDJFS approves the reduction.

(2) A documented increase in family income or a reduction in family size occurs within the first thirty calendar days of the date of an initial eligibility determination.

(3) An incorrect copayment was assessed by the CDJFS as a result of agency error, recipient error, or recipient fraud, resulting in corrective action to reduce or increase the family’s copayment.

(4) The Ohio department of job and family services (ODJFS) requires a change in the copayment.

(5) If the CDJFS proposes a change in the copayment or termination of child care benefits, the CDJFS shall use the JFS 04065 “Prior Notice of Right to a State Hearing” (rev. 5/2001) and the notice shall be sent no less than fifteen calendar days prior to the date of the proposed action.

(D) All families shall pay the copayment for child care services. The CDJFS shall waive the copayment for families eligible for protective child care benefits.

(E) A family shall not be required to pay any part of the copayment which exceeds the total cost of care for any month that child care services are provided.

(F) 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.

(G) 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. 8/2009), including the difference between the reimbursement rate and the provider’s customary charge to the public when the customary charge is higher.

(H) The copayment shall be subtracted from the provider’s reimbursement prior to payment by the CDJFS.

(I) Collection of the copayment and provider fees shall be the responsibility of the provider.

(J) The CDJFS shall inform the provider of the amount of the copayment.

(K) 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.

(L) 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.

(M) 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.

(N) 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_OF_A_APP1_20091124_1303.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_OF_A_APP2_20091124_1303.pdf

Effective: 10/21/2009

R.C. 119.032 review dates: 01/01/2012

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, 7/23/09 (Emer.)