Chapter 5116: COMPREHENSIVE CASE MANAGEMENT AND EMPLOYMENT PROGRAM

5116.01 Definitions.

As used in this chapter:

(A) "Certificate of high school equivalence" has the same meaning as in section 5107.40 of the Revised Code.

(B) "Fiscal biennial period" means a two-year period beginning on the first day of July of an odd-numbered year and ending on the last day of June of the next odd-numbered year.

(C) "In-school youth" has the same meaning as in section 129(a)(1)(C) of the "Workforce Innovation and Opportunity Act," 29 U.S.C. 3164(a)(1)(C).

(D) "Lead agency" means the local participating agency designated under section 5116.22 of the Revised Code to serve for a fiscal biennial period, or part thereof, as a county's lead agency for the purpose of the comprehensive case management and employment program.

(E) "Local participating agencies" means the county department of job and family services and workforce development agency that serve the same county.

(F) "Local workforce development board" means a local workforce development board established under section 107 of the "Workforce Innovation and Opportunity Act," 29 U.S.C. 3122.

(G) "Ohio works first" has the same meaning as in section 5107.02 of the Revised Code.

(H) "Out-of-school youth" has the same meaning as in section 129(a)(1)(B) of the "Workforce Innovation and Opportunity Act," 29 U.S.C. 3164(a)(1)(B).

(I) "Prevention, retention, and contingency program" has the same meaning as in section 5108.01 of the Revised Code.

(J) "Subcontractor" means an entity with which a local participating agency contracts to perform, on behalf of the local participating agency, one or more of the local participating agency's duties regarding the comprehensive case management and employment program.

(K) "TANF block grant" means the temporary assistance for needy families block grant established by Title IV-A of the "Social Security Act," 42 U.S.C. 601 et seq.

(L) "Work-eligible individual" has the same meaning as in 45 C.F.R. 261.2(n).

(M) "Workforce development activity" has the same meaning as in section 6301.01 of the Revised Code.

(N) "Workforce development agency" means a public or private entity designated or certified by a local workforce development board to coordinate the delivery of workforce services for a county.

(O) "Workforce Innovation and Opportunity Act" means Public Law 113-128, 29 U.S.C. 3101 et seq.

(P) "Youth workforce investment activity funds" means funds allocated or granted under Title I, Subtitle B, Chapter 2 of the "Workforce Innovation and Opportunity Act," 29 U.S.C. 1361 et seq., for youth workforce investment activities.

Added by 132nd General Assembly File No. TBD, HB 49, §101.01, eff. 9/29/2017.

5116.02 Program established.

There is hereby established the comprehensive case management and employment program. The department of job and family services shall coordinate and supervise the administration of the program to the extent funds are available for this purpose under the TANF block grant or the Workforce Innovation and Opportunity Act.

Added by 132nd General Assembly File No. TBD, HB 49, §101.01, eff. 9/29/2017.

5116.03 Scope of program and applicable laws.

The comprehensive case management and employment program is all of the following:

(A) A Title IV-A program for the purpose of division (A)(4)(c) of section 5101.80 of the Revised Code and, therefore, subject to all statutes applicable to such a program, including sections 5101.16, 5101.35, 5101.80, and 5101.801 of the Revised Code;

(B) A workforce development activity and, therefore, subject to all statutes applicable to workforce development activities, including sections 5101.20, 5101.214, 5101.241, and 5101.243 of the Revised Code and Chapter 6301. of the Revised Code;

(C) A family services duty, notwithstanding the second sentence of division (A)(1)(b) of section 307.981 of the Revised Code, and, therefore, subject to all statutes applicable to family services duties, including sections 5101.183, 5101.21, 5101.212, 5101.214, 5101.216, 5101.22, 5101.221, 5101.23, 5101.24, and 5101.243 of the Revised Code.

Added by 132nd General Assembly File No. TBD, HB 49, §101.01, eff. 9/29/2017.

5116.06 Rules.

(A) The director of job and family services shall adopt rules that are necessary to implement the comprehensive case management and employment program, including rules that do all of the following:

(1) Provide for the program to do both of the following:

(a) Help a work-eligible individual satisfy the work requirements of section 407 of the "Social Security Act," 42 U.S.C. 607;

(b) Help an Ohio works first participant who participates in the program do both of the following:

(i) Satisfy other Ohio works first requirements, including requirements included in the participant's self-sufficiency contract entered into under section 5107.14 of the Revised Code;

(ii) Obtain assistance or services the participant needs according to an assessment conducted under section 5107.70 of the Revised Code.

(2) For the purpose of section 5116.11 of the Revised Code, establish procedures for both of the following:

(a) Assessing the employment and training needs of individuals participating in the comprehensive case management and employment program;

(b) Creating, reviewing, revising, and terminating individual opportunity plans.

(3) For the purpose of section 5116.20 of the Revised Code, establish procedures, including procedures regarding timing, for a local workforce development board to decide whether to authorize the use of its youth workforce investment activity funds for the comprehensive case management and employment program;

(4) Establish requirements for the plans required by division (A)(1) of section 5116.23 of the Revised Code;

(5) For the purpose of division (A)(3) of section 5116.23 of the Revised Code, establish procedures for a lead agency to partner with the other local participating agency and subcontractors.

(B) For the purposes of divisions (C) and (F) of section 5116.10 of the Revised Code, the rules adopted under this section may do either or both of the following:

(1) Specify one or more additional mandatory participation groups that are required to participate in the comprehensive case management and employment program;

(2) Specify one or more additional voluntary participation groups that may volunteer to participate in the program.

(C) The rules adopted under this section shall be consistent with all of the following:

(1) The Title IV-A state plan prepared under section 5101.80 of the Revised Code, amendments to the plan, and any waivers regarding the plan granted by the United States secretary of health and human services;

(2) The combined state plan authorized by section 103 of the "Workforce Innovation and Opportunity Act," 29 U.S.C. 3113, amendments to the plan, and any waivers regarding the plan granted by the United States secretary of labor.

(D) The rules adopted under division (A)(1)(a) of this section may deviate from Chapter 5107. of the Revised Code.

Added by 132nd General Assembly File No. TBD, HB 49, §101.01, eff. 9/29/2017.

5116.10 Participants.

(A) Each work-eligible individual shall participate in the comprehensive case management and employment program as a condition of participating in Ohio works first if the individual is at least fourteen but not more than twenty-four years of age.

(B) Each individual who is an in-school youth or out-of-school youth shall participate in the comprehensive case management and employment program as a condition of enrollment in workforce development activities funded by the Workforce Innovation and Opportunity Act.

(C) Each individual who is a member of a group, if any, specified in rules adopted under section 5116.06 of the Revised Code as an additional mandatory participation group shall participate in the comprehensive case management and employment program if funds are available for the group under the TANF block grant or the Workforce Innovation and Opportunity Act.

(D) Any Ohio works first participant who is not a work-eligible individual may volunteer to participate in the comprehensive case management and employment program if the participant is at least fourteen but not more than twenty-four years of age.

(E) Any individual receiving benefits and services under the prevention, retention, and contingency program may volunteer to participate in the comprehensive case management and employment program if the individual is at least fourteen but not more than twenty-four years of age.

(F) Any individual who is a member of a group, if any, specified in rules adopted under section 5116.06 of the Revised Code as a voluntary participation group may volunteer to participate in the comprehensive case management and employment program if funds are available for the group under the TANF block grant or the Workforce Innovation and Opportunity Act.

Added by 132nd General Assembly File No. TBD, HB 49, §101.01, eff. 9/29/2017.

5116.11 Independent opportunity plans.

In accordance with rules adopted under section 5116.06 of the Revised Code, a lead agency shall provide for all of the following to occur:

(A) An individual participating in the comprehensive case management and employment program undergoing an assessment of the individual's employment and training needs;

(B) An individual opportunity plan being created for the individual as part of the assessment;

(C) The individual opportunity plan being reviewed, revised, and terminated as appropriate.

Added by 132nd General Assembly File No. TBD, HB 49, §101.01, eff. 9/29/2017.

5116.12 Provisions of individual opportunity plan.

(A) An individual opportunity plan created under section 5116.11 of the Revised Code shall specify which of the following services, if any, an individual participating in the comprehensive case management and employment program needs:

(1) Support for the individual to obtain a high school diploma or a certificate of high school equivalence;

(2) Job placement;

(3) Job retention support;

(4) Other services that aid the individual in achieving the plan's goals.

(B) The services an individual receives in accordance with an individual opportunity plan are inalienable by way of assignment, charge, or otherwise and exempt from execution, attachment, garnishment, and other similar processes.

Added by 132nd General Assembly File No. TBD, HB 49, §101.01, eff. 9/29/2017.

5116.20 Authorization of youth workforce investment activity funds for program.

In accordance with rules adopted under section 5116.06 of the Revised Code, each local workforce development board shall decide whether to authorize the use of its youth workforce investment activity funds for the comprehensive case management and employment program. The decision shall be made for each fiscal biennial period. A board's decision applies to all of the counties the board serves.

Added by 132nd General Assembly File No. TBD, HB 49, §101.01, eff. 9/29/2017.

5116.21 Use of funds not authorized.

If a local workforce development board decides under section 5116.20 of the Revised Code not to authorize the use of its youth workforce investment activity funds for the comprehensive case management and employment program for a fiscal biennial period, all of the following shall apply to that fiscal biennial period:

(A) The board shall use its youth workforce investment activity funds in accordance with Section 129 of the "Workforce Innovation and Opportunity Act," 29 U.S.C. 3164.

(B) No TANF block grant funds shall be made available to the board or any county the board serves for the comprehensive case management and employment program.

(C) The department of job and family services shall use available TANF block grant funds to administer, or to contract with a government or private entity to administer, the comprehensive case management and employment program in the counties the board serves.

Added by 132nd General Assembly File No. TBD, HB 49, §101.01, eff. 9/29/2017.

5116.22 Local responsibilities if the use of the funds is authorized.

(A) If a local workforce development board decides under section 5116.20 of the Revised Code to authorize the use of its youth workforce investment activity funds for the comprehensive case management and employment program for a fiscal biennial period, all of the following shall apply to that fiscal biennial period:

(1) Before the beginning of the fiscal biennial period, the board shall enter into a written agreement with department of job and family services that, to the extent permitted by federal law, requires the board and the counties the board serves to operate the comprehensive case management and employment program in accordance with the program's requirements, including the requirements established by this chapter, rules adopted under section 5116.06 of the Revised Code, and any other rules applicable to the program.

(2) Before the beginning of the fiscal biennial period, the board of county commissioners of each of the counties the local workforce development board serves shall designate either of the local participating agencies to serve as the county's lead agency for the purpose of the comprehensive case management and employment program.

(B) After a board of county commissioners designates a local participating agency to serve as the county's lead agency for a fiscal biennial period, the board may designate the other local participating agency to take over as the county's lead agency for the remainder of the fiscal biennial period.

(C) A board of county commissioners shall inform the department of job and family services of its designation of the lead agency under division (A)(2) of this section before the beginning of the fiscal biennial period for which the designation is made. A board shall notify the department of any redesignation of a lead agency under division (B) of this section not later than sixty days after the redesignation takes effect.

Added by 132nd General Assembly File No. TBD, HB 49, §101.01, eff. 9/29/2017.

5116.23 Lead agency responsibilities.

(A) Each lead agency, in consultation with the local workforce development board that serves the same county for which the lead agency has been designated to serve as lead agency, shall, in accordance with rules adopted under section 5116.06 of the Revised Code, do all of the following for the fiscal biennial period, or part thereof, for which it is so designated:

(1) Prepare and submit to the department of job and family services a plan containing standing procedures for determining and maintaining individuals' eligibility to participate in the comprehensive case management and employment program;

(2) Administer the program in the county for which it is designated to serve as lead agency;

(3) Partner with the other local participating agency and subcontractors to do both of the following:

(a) Actively coordinate activities regarding the program with the other local participating agency and any subcontractors;

(b) Help both local participating agencies and any subcontractors to use their expertise in administering the program.

(B) If a board of county commissioners redesignates the lead agency under division (B) of section 5116.22 of the Revised Code during a fiscal biennial period, the new lead agency shall prepare and submit to the department of job and family services a new plan under division (A)(1) of this section not later than sixty days after the redesignation takes effect.

(C) Each local workforce development board shall ensure that the plans prepared under division (A)(1) of this section by the lead agencies serving the same counties the board serves are included in the board's workforce development plan prepared under section 6301.07 of the Revised Code.

Added by 132nd General Assembly File No. TBD, HB 49, §101.01, eff. 9/29/2017.

5116.24 Responsibility for funds received.

A lead agency is responsible for all of the funds received for the comprehensive case management and employment program by the county for which the lead agency is designated to be the lead agency and shall use the funds in a manner consistent with federal and state law. The lead agency shall coordinate this responsibility with any entity that has been designated to serve as a local grant subrecipient or a local fiscal agent under section 107(d)(12)(B)(i)(II) of the "Workforce Innovation and Opportunity Act," 29 U.S.C. 3122(d)(12)(B)(i)(II).

Added by 132nd General Assembly File No. TBD, HB 49, §101.01, eff. 9/29/2017.

5116.25 Failure to enroll required participants.

If a lead agency fails to enroll in the comprehensive case management and employment program an individual who is required by section 5116.10 of the Revised Code to participate in the program and to take corrective action that the department of job and family services requires the lead agency to take as a consequence of that failure, the department may take the action authorized by division (C)(5) of section 5101.24 of the Revised Code, including withholding and spending TANF block grant funds.

Added by 132nd General Assembly File No. TBD, HB 49, §101.01, eff. 9/29/2017.