Chapter 5101:1-3 | Ohio Works First

Rule 5101:1-3-01 | Ohio works first: federal outcome measures.

• Effective: April 1, 2026
• Promulgated Under: 119.03

(A) Section 5107.05 of the Revised Code authorizes the director of Ohio job and family services (ODJFS) to adopt rules as necessary to comply with Title IV-A, Title IV-D, federal regulations, state law, and the state plan. This rule describes the information reported to the administration for children and families (ACF) within the department of health and human services (HHS) and a county agency's responsibilities for ensuring the data is reliable and accurate

(B) What are the federal outcome measures?

ODJFS provides regular reporting to ACF regarding the administration of Ohio works first (OWF). Federal outcome measures include the following regarding a work eligible individual (WEI):

(1) Employment rate: the percentage of WEIs who are in unsubsidized employment during the second quarter after exiting OWF;

(2) Median earnings: the median level of earnings of WEIs who are in unsubsidized employment during the second quarter after exiting OWF;

(3) Median earnings: the median level of earnings of WEIs in the fourth quarter after exiting OWF who were also in unsubsidized employment during the second quarter as described in paragraph (B)(1) of this rule; and

(4) Reduced dependence on government food benefits: the percentage of WEIs with earnings above the federal income eligibility levels for supplemental nutrition assistance program (SNAP) the fourth quarter after exiting OWF.

Last updated April 1, 2026 at 7:46 AM

Supplemental Information

Authorized By: 5107.05, 5107.60
Amplifies: 5107.05, 5107.43, 5107.60, 5107.60
Five Year Review Date: 4/1/2031
Prior Effective Dates: 1/1/2001, 11/1/2003, 10/1/2008, 11/1/2015

Rule 5101:1-3-02 | Ohio works first: school attendance.

• Effective: April 1, 2026
• Promulgated Under: 119.03

(A) When must school attendance be monitored?

A minor child's attendance in school shall be monitored in the following situations:

(1) The teen parent or pregnant teen is subject to participation in the learning, earning and parenting program (LEAP) in accordance with rule 5101:1-23-50 of the Administrative Code.

(2) The child is subject to participation in the learnfare program in accordance with section 5107.28 of the Revised Code.

(3) When the teen parent is employed, to determine if the policy described in rule 5101:1-23-10 of the Administrative Code is applicable.

(4) To determine if a child approaching his or her eighteenth birthday may remain on the grant until the nineteenth birthday, as set forth in section 5107.02 of the Revised Code.

(B) What are the requirements for children under age eighteen who are not attending school?

(1) The county agency shall assess the skills, prior work experience, and employability of each participant of Ohio works first (OWF) who:

(a) Has not attained eighteen years of age; and

(b) Has not completed high school or obtained a certificate of high school equivalency, and is not attending secondary school.

(2) On the basis of the comprehensive assessment, the county agency shall work with the assistance group (AG) to create an employment goal for the child, including a plan for moving the individual into unsubsidized employment or requiring the child to attend school.

(3) The county agency shall incorporate the plan into the AGs self-sufficiency contract (SSC) or individual opportunity plan (IOP) and require the minor's parent or specified relative to ensure the child complies with the plan. The child is not required to complete a SSC or IOP, unless that child is a minor head of household, as defined in section 5107.02 of the Revised Code.

Last updated April 1, 2026 at 8:18 AM

Supplemental Information

Authorized By: 5107.05
Amplifies: 5107.02, 5107.05
Five Year Review Date: 4/1/2031
Prior Effective Dates: 8/1/2010

Rule 5101:1-3-03 | Ohio works first: residence and living arrangement requirement.

• Effective: June 1, 2021
• Promulgated Under: 119.03

(A) What is the residence requirement for the Ohio works first (OWF) program?

(1) Residence in the state of Ohio is a requirement and is met when a person meets one of the following:

(a) Living voluntarily with the intention of making his or her home in Ohio; or

(b) Living in Ohio and not receiving assistance from another state, and entered Ohio with a job commitment or seeking employment in Ohio, whether or not currently employed.

(2) A child is a resident of the state in which the parent, legal guardian, custodian or specified relative caring for the child is a resident.

(3) Absence from the state for more than thirty days constitutes evidence of intent to establish residence elsewhere, unless a written statement has been submitted to indicate intent to return to Ohio.

(a) The written statement shall be retained in the case record.

(b) The county agency shall consider the written statement as acceptable proof of intent to return to Ohio when the statement includes the reason for the absence and the expected date of return.

(c) A statement is not considered acceptable proof of intent to return to Ohio when the applicant or recipient contradicts the statement by giving up Ohio living arrangements, applying for public assistance in another state, or securing long-term housing arrangements in another state.

(4) An individual who resides in a county home, city infirmary, jail, or other public institution does not meet the residence requirement for OWF. Rule 5101:1-23-10 of the Administrative Code addresses individuals under house arrest.

(5) A child born to an inmate participating in the prison nursery program pursuant to section 5120.65 of the Revised Code meets the OWF residence requirement.

(B) What is the living arrangement requirement for children?

(1) To be eligible for OWF, a child's home must be with a parent, specified relative, custodian or legal guardian.

(2) A child born to an inmate participating in the prison nursery program pursuant to section 5120.65 of the Revised Code meets the OWF living arrangement requirement.

(3) A parent is an individual who has the legal duty to support the child. A legal parent includes the following individuals as long as their parental rights are not legally terminated:

(a) The biological mother and father of the child.

(b) Any person who is adjudged by a court of competent jurisdiction or a local child support enforcement agency to be the parent of the child and under legal duty to support the child.

(c) An individual who has legally adopted the child. Adoption severs the legal relationship between parent and child, but it does not sever the biological relationship.

(d) An individual who has an acknowledgment of paternity affidavit filed with the division of child support that has become final and enforceable.

(4) Specified relatives are limited to those individuals defined in section 5107.02 of the Revised Code.

(5) Legal guardians and custodians are defined in section 5107.02 of the Revised Code.

(6) While another individual or agency may hold legal custody of a child, a parent, specified relative or legal guardian may receive benefits for the minor child(ren) who physically resides with that individual, even if the child(ren) is temporarily absent, as set forth in rule 5101:1-3-04 of the Administrative Code.

(7) In Ohio, a legal marriage is:

(a) One which meets the requirements of Chapter 3101. of the Revised Code; or

(b) A marriage which meets the requirements of Chapter 3101. of the Revised Code, between individuals required to be recognized as married pursuant to the United States supreme court decision Obergefell v. Hodges, 576 U.S., 135 S. Ct. 2584 (2015); or

(c) Common-law marriages that occurred in this state prior to October 10, 1991, when they became prohibited in the state of Ohio.

(C) What is the living arrangement requirement for minor parents?

(1) In accordance with section 5107.24 of the Revised Code, unmarried minor parents, unmarried pregnant minors, or the child of an unmarried minor parent must reside in a place of residence maintained by a parent, legal guardian, custodian or specified relative of the pregnant minor or minor parent as the parent's, guardian's, custodian's or specified relative's own home to meet the living arrangement requirement for OWF. The individual is exempt from this requirement if any of the following apply:

(a) The minor parent or pregnant minor does not have a parent, guardian, custodian, or specified relative living or whose whereabouts are known.

(b) No parent, guardian, custodian, or specified relative of the minor parent or pregnant minor will allow the pregnant minor, minor parent, or minor parent's child to live in the parent's, guardian's, custodian's, or specified relative's home.

(c) The Ohio department of job and family services (ODJFS), the county agency, or a public children services agency determines that the physical or emotional health or safety of the pregnant minor, minor parent, or minor parent's child would be in jeopardy if the pregnant minor, minor parent, or minor parent's child lived in the same home as the parent, guardian, custodian, or specified relative.

(d) ODJFS, a county agency, or a public children services agency otherwise determines that it is in the best interest of the pregnant minor, minor parent, or minor parent's child to waive the requirement of paragraph (C)(1) of this rule.

(2) An unmarried pregnant minor, unmarried minor parent, or child of an unmarried minor parent exempt from the requirement to live with a parent, specified relative, custodial or legal guardian, must reside in an adult-supervised living arrangement to be eligible to participate in OWF.

(3) The county agency shall be responsible for either directly assisting the unmarried minor parent in locating an acceptable adult-supervised living arrangement or entering into an agreement with another agency (e.g., public children services agency) to serve as their designee.

Last updated June 1, 2021 at 9:00 AM

Supplemental Information

Authorized By: 5107.05
Amplifies: 5107.02, 5107.05, 5107.10, 5107.37, 5120.65
Five Year Review Date: 6/1/2026
Prior Effective Dates: 3/1/1967, 12/28/1979, 6/1/1982, 5/1/1998, 11/1/2003, 10/1/2016

Rule 5101:1-3-04 | Ohio works first: temporary absence.

• Effective: January 1, 2026
• Promulgated Under: 119.03

(A) What is temporary absence?

The absence of a member of the Ohio works first (OWF) assistance group is temporary when all of the conditions described in paragraphs (A)(1) to (A)(3) of this rule are met. A temporarily absent individual is considered to be in the home for purposes of OWF eligibility.

(1) The location of the absent individual is known;

(2) There is a definite plan for the return of the absent individual to the home; and

(3) The absent individual shared the home with the assistance group prior to the onset of the absence. A newborn is considered to be sharing the home with the assistance group at the time of birth.

(B) How long can an OWF recipient be temporarily absent?

An OWF recipient may be considered temporarily absent for up to forty-five consecutive days. An OWF recipient who is, or is expected to be absent from the home without good cause for longer than forty-five consecutive days does not meet the temporary absence requirement for OWF.

(C) What are the good cause reasons for temporary absence?

Good cause is limited to the following reasons for absences of more than forty-five consecutive calendar days:

(1) Hospitalization (includes inpatient drug and alcohol treatment);

(2) Detention in a juvenile home until a court commitment;

(3) Attendance at school;

(4) Vacationing;

(5) Trip made in connection with current or prospective employment;

(6) Shared parenting situations;

(7) Service in the military when it is the sole reason for absence;

(8) Removal of a child(ren) by the public children services agency (PCSA) that meets the reunification requirements in accordance with section 5107.10 of the Revised Code. OWF payments for the child may continue for up to six payment months after the removal date. In order for this exception to apply, the child shall be in receipt of OWF cash assistance on the date of the removal by the PCSA.

(D) When does temporary absence end?

(1) The day it becomes known that the absent individual will not be returning to the home as originally planned, but no later than forty-five days from the date the individual left and good cause does not exist; or

(2) The day when good cause, as described in paragraphs (C)(1) to (C)(7) of this rule, no longer exists.

(E) When does the end of the temporary absence of an OWF recipient have to be reported?

The OWF recipient's absence is to be reported within ten calendar days of the date the temporary absence ends in accordance with paragraph (D) of this rule.

(F) What happens when the end of the temporary absence of an OWF recipient is not reported as required?

An assistance group member who fails to notify the county agency of the end of the temporary absence of an OWF recipient from the home within the time frame described in paragraph (E) of this rule is ineligible for inclusion in the OWF assistance group. The remaining assistance group members may continue to receive OWF. This regulation is applicable to paragraphs (C)(1) to (C)(7) of this rule.

(G) When does an erroneous payment begin for failure to report the end of the temporary absence for an OWF recipient?

The assistance group member is ineligible beginning with the same day that the absent OWF recipient becomes ineligible. The erroneous payment provisions set forth in rule 5101:1-23-70 of the Administrative Code are applicable.

Last updated January 5, 2026 at 8:04 AM

Supplemental Information

Authorized By: 5107.05
Amplifies: 5107.02, 5107.05, 5107.10
Five Year Review Date: 1/1/2031
Prior Effective Dates: 3/1/1967, 12/30/1997, 8/1/2015

Rule 5101:1-3-04.1 | Ohio works first: shared parenting (joint custody).

• Effective: January 1, 2026
• Promulgated Under: 119.03

This rule describes the shared parenting provisions for the Ohio works first program. The provisions described in this rule are to be used by the county agency in determining eligibility for a dependent child in a shared parenting arrangement.

(A) What are the eligibility requirements for Ohio works first (OWF) when there is a shared parenting (joint custody) arrangement?

(1) Potential OWF eligibility may exist in a shared parenting arrangement. A dependent child can only be considered to be sharing a home with one parent despite a shared parenting/joint custody order permitting the child to reside with each parent for a part of the month.

(2) For OWF eligibility purposes, a child can only have one home and cannot be considered to be temporarily absent from another home (i.e., both of the child's parents cannot receive benefits concurrently for the same child in the same month.)

(B) What happens when only one of the parents in a shared parenting arrangement applies for OWF?

(1) When only one parent applies for assistance, the county agency shall determine when the child resides with the parent who submits the application for assistance.

(2) When there is no application submitted by the other parent, and there is not an existing OWF assistance group containing the other parent and the child, the child shall be considered to be living and sharing a home with the parent who submitted the application for assistance.

(C) What happens when both parents in the shared parenting arrangement apply for OWF for the same child?

When both parents apply for assistance for the child and both parents claim that the child is living with and sharing a home with them, the county agency shall first determine whether each applicant is maintaining a home for the child.

(1) When both parents agree and one of the applications is withdrawn, the county agency shall proceed to determine if the other parent is otherwise eligible for OWF.

(2) When the parents cannot agree and neither application is withdrawn, the county agency shall review the following list of parental activities and responsibilities to determine with which parent the child shares a home:

(a) Is there a court order granting sole custody to one parent, or designating one of the parents' residences as the child's home for public assistance purposes?

(b) When the parents reside in different school districts, where does the child attend school? Who selected the school?

(c) Who assists the child with homework or school-related tasks?

(d) Who attends parent/teacher conferences and who works with the school regarding the child's educational progress?

(e) When the child is enrolled in child care, who makes the child care arrangements?

(f) Who takes the child to and from school and/or child care?

(g) Which parent is listed as the contact for emergencies at the child's school or child care provider? When both parents are listed, who is the one to be contacted first?

(h) Who arranges and transports the child to medical and dental appointments? Who selects the physician and dentist? Who maintains the child's medical records?

(i) Who initiates decisions regarding the child's future?

(j) Who responds to medical or law enforcement emergencies involving the child? When both parents are to be contacted, who is the one to be contacted first?

(k) Who arranges for food, clothing, and other household necessities on an ongoing basis?

(l) Who disciplines the child?

(m) Who plays with the child and arranges for entertainment?

(n) Which parent supervises the child's daily dressing and personal hygiene tasks?

The list of parental activities contained in paragraphs (C)(2)(a) to (C)(2)(n) of this rule is not an all-inclusive list, and other factors may need to be examined in making this determination. There will be situations in which these questions will be answered positively for both parents. However, in reviewing parental activities, one parent is often identified more than the other. The parent most often identified is the parent who is considered to be sharing a home with the child, and the parent with whom the child's eligibility shall be explored.

(3) When the result of the exploration of conditions described in paragraph (C) of this rule reveals a parent is not otherwise eligible for OWF, eligibility for the other parent shall be explored when that parent has a pending application.

(4) When the result of the exploration of the conditions described in paragraph (C) of this rule are inconclusive, the county agency will include the child with the parent who applied first.

(D) What should the county agency do to document its decision?

The county agency shall document the decision made on the case and the basis for the decision in the assistance group record(s), as well as in journal notes in the Ohio benefits integrated eligibility system.

Last updated January 5, 2026 at 8:04 AM

Supplemental Information

Authorized By: 5107.05
Amplifies: 5107.05
Five Year Review Date: 1/1/2031
Prior Effective Dates: 10/1/1997, 12/1/2002, 6/1/2010

Rule 5101:1-3-07 | Ohio works first: evidence of age, citizenship, and identity.

• Effective: February 1, 2022
• Promulgated Under: 119.03

Verification of age, citizenship, and identity shall be completed before any individual, adult or child, is eligible to be included in the assistance group.

(A) What is acceptable documentation of age?

(1) A civil birth record or a religious record of birth or baptism established before age five are primary documents used to verify age.

(2) Alternate documents are acceptable and shall be used to avoid delaying assistance to an otherwise eligible individual. Examples of alternate documents include but are not limited to:

(a) School records;

(b) Insurance policies;

(c) Draft card; or

(d) Official hospital records.

(3) The alternate document shall show the applicant's name and date of birth or age and should be at least one year old (unless it is for a child under age one).

(B) What is acceptable documentation of identity?

(1) Documents used to identify an individual include but are not limited to:

(a) Driver's license or state identification card;

(b) Day care or nursery school records;

(c) School record;

(d) Voter registration card;

(e) Employment or building badge;

(f) Court documents;

(g) Marriage or divorce record;

(h) Insurance policies;

(i) Military record;

(j) United States (U.S.) passport; or

(k) Medical records.

(2) The county agency shall be able to compare the information on the documentation with the information on the application or with the individual to ensure identification.

(3) A birth or baptismal certificate is not evidence of identity. Children under age seven will generally have some type of evidence of identity in addition to a birth certificate. However, when such a child (e.g., a newborn infant) has absolutely no other documentary evidence, the birth certificate alone will be acceptable as long as the eligibility worker has no reason to doubt that the child actually exists.

(C) What is acceptable documentation of citizenship?

(1) Every applicant is required to establish U.S. citizenship or legal alien status, and shall submit at least one document showing U.S. birthplace or in some way indicating U.S. citizenship. "U.S.-born" refers to an individual born in one of the fifty states, District of Columbia, Puerto Rico, Guam, Northern Mariana islands, U.S. Virgin islands, Swain's island or American Samoa.

(a) When the applicant is a U.S.-born citizen, a civilian birth, baptismal, or religious certificate specifically displaying a U.S. birthplace may be used as verification.

(b) When the applicant is a foreign-born U.S. citizen, a citizen certification, U.S. passport, consular's certification of birth, or certificate of naturalization may be used as verification.

(c) When the applicant is an alien, the alien status may be verified by forms issued from the United States citizenship and immigration services (USCIS).

Last updated February 1, 2022 at 8:41 AM

Supplemental Information

Authorized By: 5107.05
Amplifies: 5107.05
Five Year Review Date: 2/1/2027
Prior Effective Dates: 10/1/1997 (Emer.)

Rule 5101:1-3-09 | Ohio works first: social security number requirement.

• Effective: February 1, 2022
• Promulgated Under: 119.03

(A) What is the eligibility requirement related to social security numbers?

(1) As a condition of eligibility for Ohio works first (OWF), each assistance group member shall provide or apply for a social security number.

(2) The county agency shall refer an individual who does not possess a social security number to the local social security office to apply for a social security number. When the assistance group has complied with the requirement of providing or submitting verification of an application for a social security number, the county agency shall not deny, delay or terminate benefits pending the issuance or verification of the social security number.

(3) For each assistance group member who physically possesses a social security card, the county agency shall retain a copy of the social security card in the case record.

(B) What happens when an assistance group does not cooperate with providing or applying for a social security number?

(1) When an assistance group member refuses to provide or apply for a social security number, he or she shall be removed from the assistance group resulting in a reduction of the OWF grant. The assistance group member may be the payee for children for whom a social security number has been applied for or provided.

(2) The assistance group member who supplies his or her own number or cooperates in applying for one but refuses to provide or apply for a social security number for his or her child/children will remain in the assistance group, but the child/children will be removed from the assistance group. In some cases, the only remaining member of the assistance group may be the parent or specified relative. In these cases, assistance shall be denied.

(C) How is a social security number verified?

(1) A social security number may be verified by matching the reported social security number with information supplied by the social security administration (SSA) such as beneficiary data exchange (BENDEX) or state data exchange (SDX): or

(2) Observing the assistance group member's social security card or any official document containing the social security number.

An "official document" is defined as a W-2 form, a railroad retirement, retirement, survivors, and disability insurance (RSDI) or supplemental security income (SSI) award letter, or another document containing the social security number that by law or regulation was required to be verified by the social security administration.

(3) When the assistance group member does not possess a social security card, or any "official document" containing the social security number or when the social security number appears questionable, the county agency shall either verify the number by matching it with SSA records or by completing the top portion of the JFS 07355 "Notice of Application for Social Security Number". The assistance group member shall take the JFS 07355 to the local social security district office. The local social security district office will complete the bottom portion of the JFS 07355 and return the form to the county agency.

(D) When is the social security number requirement considered met?

(1) For the purposes of the beginning date of aid, the social security number eligibility requirement will be considered to have been met the date the social security administration certifies that the individual applied for a social security number.

(2) For newborns, when the social security number is applied for no later than the first day of the second month following birth or the mother's discharge from the hospital, the social security requirement is considered met on the child's date of birth.

Last updated February 1, 2022 at 8:41 AM

Supplemental Information

Authorized By: 5107.05
Amplifies: 5107.05
Five Year Review Date: 2/1/2027
Prior Effective Dates: 3/20/1987, 5/1/1995, 10/1/1997 (Emer.), 10/1/2005

Rule 5101:1-3-10 | Ohio works first: child support requirement.

• Effective: November 1, 2023
• Promulgated Under: 119.03

(A) What is an assignment of support?

In accordance with section 5107.20 of the Revised Code, participation in Ohio works first (OWF) constitutes an assignment to the Ohio department of job and family services (ODJFS) of any rights that members of an assistance group have to support from any other person, not exceeding the total amount of assistance paid to the assistance group that accrue or have accrued as of and including the date that the OWF cash assistance is terminated. This assignment excludes medical support assigned pursuant to section 5160.38 of the Revised Code. The rights to support assigned to ODJFS pursuant to this rule constitutes an obligation to ODJFS for the amount of cash assistance paid to the assistance group. The child support enforcement agency (CSEA) is responsible for the collection and distribution of support payments owed to OWF participants whether assigned to ODJFS or unassigned.

(1) The assignment of support rights includes:

(a) The rights to support that the assistance group has on its own behalf or on the behalf of any other member of the assistance group applying for or in receipt of OWF. This includes ongoing monthly child support, spousal support and support for a spouse or former spouse, whether included or not in the child support order.

(b) The assignment gives ODJFS the right to claim any support collected for the assistance group not exceeding the total amount of cash assistance paid to the assistance group. For child support enforcement collection purposes, the total amount of "cash assistance" paid to the assistance group has the same meaning described in rule 5101:1-1-01 of the Administrative Code. This includes all forms of cash assistance as defined in rule 5101:1-23-01 of the Administrative Code, including support services paid to families who are unemployed, unless such payments meet the definition of nonrecurrent short-term benefits. As provided in rule 5101:1-23-01 of the Administrative Code, nonrecurrent, short-term benefits and support services provided to employed families are not considered to be cash assistance and are not subject to reimbursement.

(2) The assignment of support rights is effective the first of the month following the date of approval for OWF cash assistance and continues until the assistance group is no longer participating in OWF cash assistance. The ODJFS shall notify the CSEA when the effective date of the assignment is determined. This notification shall be transmitted to the CSEA within two working days of authorization of OWF cash assistance.

(3) In the following situations, the assignment is interrupted for a specific month, and child support for that month is treated in accordance with the provisions set forth in rule 5101:12-80-14 of the Administrative Code. However, the interruption in the assignment ends beginning with the first day of the month that cash assistance resumes.

(a) When an assistance group received OWF cash assistance in the form of a warrant, check, voucher, electronic funds transfer or electronic payment card for a month, but returned the uncashed check, warrant or voucher to the county agency, or returned the full amount of the benefit paid to the assistance group, the assistance group is not considered to have received cash assistance in accordance with rule 5101:1-23-01 of the Administrative Code, and child support for that same month is treated in accordance with rule 5101:12-80-14.1 of the Administrative Code.

(b) When an assistance group's OWF is reduced to zero dollars to repay an OWF overpayment, the assistance group is not considered to have received cash assistance in accordance with rule 5101:1-23-01 of the Administrative Code, and child support for that same month is treated in accordance with rule 5101:12-80-14.1 of the Administrative Code.

(c) When an erroneous OWF payment occurs because the assistance group was not eligible to receive assistance for a month, and the assistance group repays that erroneous payment in full, the assistance group is not considered to have received cash assistance in the month for which the overpayment occurred as described in rule 5101:1-23-01 of the Administrative Code, and child support for that same month is treated in accordance with rule 5101:12-80-14.1 of the Administrative Code.

(4) When an individual is added to an existing assistance group, the assignment of support rights is effective the first day of the month following the date the county agency adds the individual to the assistance group.

(5) Any direct payments received by an assistance group prior to the effective date of the support assignment are budgeted as unearned income in accordance with rule 5101:1-23-20 of the Administrative Code.

(6) Once the assignment of support is effective, any direct payment (including voluntary payments) by the absent parent shall be evaluated in accordance with paragraph (N) of rule 5101:1-23-70 of the Administrative Code in determining when an erroneous payment has occurred, and if so, whether the payment is a cash assistance (IV-A) or a child support enforcement (IV-D) overpayment.

(B) What is the "county agency/CSEA interface"?

(1) The "county agency/CSEA interface" refers to the cross-program relationship between the IV-A and IV-D programs.

(2) The county agency shall make use of the interview in the application or reapplication process to gain timely, complete and accurate information concerning absent parent(s) attached to the assistance group.

(3) Referrals are sent automatically through the interface. A referral from the county agency to the CSEA is not required when the assistance group contains only a pregnant woman with no eligible child.

(4) At the point of authorization for cash assistance, the county agency shall send copies of relevant information collected during the application process, such as birth certificates, court orders and paternity acknowledgments to the CSEA.

(5) The county agency shall collect all relevant information so that the CSEA will not routinely be required to schedule an interview with the assistance group to establish and develop the IV-D case record.

(6) The county agency is responsible for reporting relevant changes to the CSEA, including information concerning new members added to an existing assistance group. Most routine changes are automatically transmitted through the two statewide automated systems. However, copies of relevant documentation received by the county agency are to be sent within two working days of receipt to the CSEA.

(7) The county agency shall not delay the processing of an application because of the assistance group's failure to provide information needed solely by the CSEA.

(8) Even when an application for cash assistance is denied, when an applicant has requested child support services, the county agency shall send a referral to the CSEA.

(C) What is cooperation with child support and who shall cooperate with child support?

(1) Cooperation with child support includes establishing the child's paternity, and establishing, modifying and enforcing a support order for the child. Cooperation with child support is required unless there is good cause for the failure or refusal to cooperate as determined by the CSEA.

(2) All applicant and recipient adults and minor heads of household shall sign a self sufficiency contract that includes a requirement to ensure that caretaker members of the assistance group cooperate with child support.

(3) Caretakers, as defined in section 5107.22 of the Revised Code, who are members of the OWF assistance group, shall cooperate with child support. In a three-generation assistance group that includes a grandparent, a minor parent and a minor child of the minor parent, there are two caretakers:

(a) The grandparent shall cooperate with child support for his or her minor child(ren), including the minor parent; and

(b) The minor parent shall cooperate with child support for his or her minor child(ren).

(4) When a caretaker signs the JFS 07092, "Notice to Individuals Applying for or Participating in Ohio Works First (OWF) Regarding Cooperation with the Child Support Enforcement Agency (CSEA)" indicating that the individual wants to claim good cause for refusal to cooperate in securing support, the county agency shall forward the JFS 07092 to the CSEA. When the request for good cause for refusal to cooperate with child support is documented on the JFS 03803, "Ohio Works First (OWF) & Food Assistance: Domestic Violence Waiver Request and Verification," the county agency shall also have the individual sign the JFS 07092. The CSEA is responsible for determining good cause and cooperation in accordance with rule 5101:12-10-32 of the Administrative Code.

This determination includes waiving the cooperation with child support requirement when the CSEA determines that the individual has been subjected to domestic violence as defined in section 5107.02 of the Revised Code, and requiring cooperation would not be in the best interest of the child, or would make it more difficult for the individual or child to escape domestic violence.

(5) The county agency shall not deny, delay, or discontinue cash assistance pending a determination by the CSEA concerning good cause for refusal to cooperate.

(D) What are the consequences when an individual fails to cooperate with the child support requirement?

(1) Adults or minor heads of households who fail to cooperate with the child support requirement in the self sufficiency contract without good cause as determined by the CSEA, are subject to the imposition of the three-tier sanction in accordance with section 5107.16 of the Revised Code.

(2) Assistance groups that do not contain a member required to sign a self sufficiency contract as defined in rule 5101:1-3-11 of the Administrative Code, are not subject to the sanction set forth in section 5107.16 of the Revised Code for non-cooperation with the CSEA.

(3) When a request for a state hearing on the issue of cooperation has been made, both the county agency and the CSEA shall participate in the hearing.

Last updated November 1, 2023 at 8:26 AM

Supplemental Information

Authorized By: 5107.05
Amplifies: 5107.71, 5107.711, 5107.712, 5107.713, 5107.05, 5107.14, 5107.16, 5107.20, 5107.22, 5107.714, 5107.715, 5107.716, 5107.717, 5107.02
Five Year Review Date: 11/1/2028
Prior Effective Dates: 12/31/1977, 7/1/1989 (Emer.), 4/1/1990, 7/1/1998, 5/1/2010, 3/1/2013, 11/1/2018

Rule 5101:1-3-11 | Ohio works first (OWF): Comprehensive assessment and self sufficiency contract.

• Effective: April 1, 2026
• Promulgated Under: 119.03

This rule describes the comprehensive assessment and self sufficiency contract (SSC) process for the Ohio works first (OWF) program. The county agency is to administer the work activities programs in accordance with the requirements contained in this rule. This rule seeks to clarify sections 5107.01, 5107.14, 5107.16, 5107.41, and 5107.70 of the Revised Code.

(A) What is included in a comprehensive assessment?

(1) The county agency is to conduct a comprehensive assessment of each adult, WEI or minor head of household using the Ohio benefits integrated eligibility system. A comprehensive assessment includes:

(a) An evaluation of the occupational skills, prior work experience, employability, interests, aptitudes, educational, physiological, psychological abilities and liabilities, supportive services, and developmental needs of the WEI, adult, or minor head of household.

(b) Screening for domestic violence, in accordance with rule 5101:1-3-20 of the Administrative Code. The county agency is to provide information pertaining to domestic violence to the Ohio department of job and family services (ODJFS) who will maintain the information for statistical analysis purposes.

(c) When a WEI discloses, has, or appears to have a physical or mental condition that substantially limits one or more major life activities, additional screening is to be offered to the individual consistent with the requirements of rule 5101:9-3-02 of the Administrative Code and the Americans with Disabilities Act (ADA)(1990) plan adopted by the county agency.

(d) Determining whether any WEI or members of the assistance group have a substance abuse problem or need other assistance, or services provided by the county agency or other private or government entities. When other assistance or services are needed, the county agency may refer the individual to an entity that provides the assistance or services. This may include, but is not limited to, a public children services agency (PCSA), chapter of alcoholics anonymous, narcotics anonymous, cocaine anonymous, or any other entity the county agency considers appropriate.

(e) For each WEI, who does not have at least an associate degree awarded by an accredited institution of higher education, conduct a basic skills assessment as selected by the county agency to determine if the WEI is unable to compute or solve problems, or read, write, or speak English at a level necessary to function on the job or in society.

(f) A referral to opportunities for Ohioans with disabilities for an assessment for a WEI or adult member aged twenty-five or older who indicates they are unable to work due to a permanent mental or physical illness or impairment.

(2) The comprehensive assessment will assist in scoring the individual's status across five areas of well-being and the scores will be regularly updated to reflect progress made in the OWF work activities program. The areas include:

(a) Family stability;

(b) Well-being;

(c) Financial literacy and management;

(d) Education and training; and

(e) Employment and career.

(B) When should a comprehensive assessment be conducted?

(1) A county agency is to conduct a comprehensive assessment utilizing the Ohio benefits integrated eligibility system as soon as possible when an application to participate in OWF is received, but no later than thirty days from the date of application. A minor head of household who is subject to the learning, earning, and parenting (LEAP) program is to be assessed in accordance with rule 5101:1-23-50 of the Administrative Code and requirements.

(2) The comprehensive assessment is to be updated by a case manager in Ohio benefits integrated eligibility system and in consultation with the WEI:

(a) Each time an assignment to a work activity has ended; and

(b) Any other time determined necessary by the county agency.

(C) What is the SSC?

The SSC sets forth the rights and responsibilities of WEI and members of the assistance group as applicants and participants of OWF. The SSC is based on the comprehensive assessment and is to include the following:

(1) 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.

(2) For each WEI, work activities and alternative activities assigned in accordance with rule 5101:1-3-12 of the Administrative Code.

(3) The responsibility of the WEI or 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.

(4) Other responsibilities that members of the assistance group are to satisfy to participate in OWF and the consequences for failure or refusal to satisfy the responsibilities.

(5) 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.

(6) Assistance and services the county agency will provide to the assistance group and WEI.

(7) Assistance and services the child support enforcement agency and PCSA will provide to the assistance group pursuant to a plan of cooperation entered into under section 307.983 of the Revised Code.

(8) Procedures for assessing whether responsibilities are being satisfied and for amending the contract when determined necessary.

(9) The good cause reasons for missing hours of participation or appointments as defined in rule 5101:1-3-13 of the Administrative Code.

(10) An explanation of the individual's rights under the ADA, including the right to request another comprehensive assessment when the individual discloses, has, or appears to have a physical or mental condition that substantially limits one or more major life activities.

(11) When additional screening indicated the presence of a disability, a description of each reasonable modification made for the individual consistent with the county agency's ADA plan.

(12) No SSC is to include the LEAP requirements.

(D) When should the SSC be completed?

(1) The SSC is part of the OWF eligibility process and is to be completed prior to approval and authorization of OWF benefits.

(2) The county agency is to use the Ohio benefits integrated eligibility system to develop a SSC designed to help the assistance group in achieving self sufficiency and personal responsibility.

(E) Who is to sign the SSC?

(1) Each WEI, minor head of household and adult member of the assistance group is to sign the SSC, including an amendment any time the SSC is revised.

(2) A minor head of household who participates in LEAP in accordance with rule 5101:1-23-50 of the Administrative Code is to complete a SSC but is not subject to the work participation requirements unless the minor head of household fails to attend a LEAP assessment, fails to enroll in school or withdraws from school.

(F) What are the consequences for failing to sign a SSC or a provision of the contract is not met?

(1) WEI, minor heads of household, and adult members of the assistance group who fail or refuse, without good cause, to sign the SSC are to have OWF benefits denied or terminated.

(2) When a WEI, 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 SSC the county agency is to sanction the assistance group in accordance with rule 5101:1-3-15 of the Administrative Code.

(G) What is the process for a WEI who is between the ages of fourteen and twenty-four?

In accordance with sections 5116.10 of the Revised Code and rule 5101:1-2-01 of the Administrative Code, each WEI between the ages of fourteen and twenty-four are to participate in the comprehensive case management and employment program (CCMEP) as a condition of participating in OWF. Prior to the authorization of OWF benefits, the individual will be referred to a lead agency to undergo a comprehensive assessment and develop and sign an individual opportunity plan (IOP). The comprehensive assessment and IOP conducted and developed by the lead agency replaces the comprehensive assessment and SSC necessary in accordance with this rule.

(1) As part of the referral process, the county agency is to provide the lead agency with at least the following information:

(a) The number of necessary hours expected to be assigned in accordance with rule 5101:1-3-12 of the Administrative Code; and

(b) The number of months a WEI has participated in OWF that were subject to the time limit described in rule 5101:1-23-01 of the Administrative Code.

(2) A signed IOP meets all the requirements of a signed SSC and plan developed in accordance with this rule.

(a) A failure or refusal to comply with the provision of an IOP without good cause is to result in a sanction of the assistance group member in accordance with rule 5101:1-3-15 of the Administrative Code.

(b) The lead agency is to be solely responsible for determining if the individual had good cause for a failure or refusal and requesting the imposition of a sanction in accordance with rule 5101:1-3-15 of the Administrative Code.

(c) When a sanction is imposed at the request of a lead agency, the lead agency is to be solely responsible for determining a compliance activity consistent with the provisions of rule 5101:1-3-15 of the Administrative Code.

Last updated April 1, 2026 at 7:46 AM

Supplemental Information

Authorized By: 5116.06, 5107.16, 5107.14, 5107.05
Amplifies: 5107.05, 5116.12, 5116.11, 5116.10, 5116.06, 5107.14, 5107.12
Five Year Review Date: 4/1/2031
Prior Effective Dates: 9/1/1984, 12/1/1987 (Emer.), 1/1/1989, 9/23/1989, 1/1/2001, 3/24/2016

Rule 5101:1-3-12 | Ohio works first: work activities.

• Effective: April 1, 2026
• Promulgated Under: 119.03

(A) Which section of the Revised Code applies to work activities?

(1) Section 5107.05 of the Revised Code authorizes the director of job and family services to adopt rules necessary to comply with Title IV-A, Title IV-D, federal regulations, state law and the state plan.

(2) The county agency shall administer the work activity programs in accordance with the requirements contained in this rule. This rule seeks to clarify sections 5107.01, 5107.14, 5107.16, 5107.36, 5107.40, 5107.41, 5107.42, 5107.43, 5107.60, 5107.62, 5107.64, 5107.65, 5107.67, 5107.68 and 5107.70 of the Revised Code.

(B) Who is a work eligible individual (WEI)?

(1) A WEI means an adult or minor head of household receiving Ohio works first (OWF) or a non-recipient parent living with a child who is in receipt of OWF unless the parent is:

(a) A minor parent who is not the head of household;

(b) A non-citizen who is not eligible to receive OWF due to his or her immigration status;

(c) A recipient of supplemental security income (SSI) benefits;

(d) A recipient of social security disability insurance (SSDI) benefits; or

(e) A parent providing care for a disabled family member, when the following criteria are met:

(i) The disabled family member must be living in that home; and

(ii) There is medical documentation to support the need for the parent to remain in the home to care for the disabled family member.The disability is to be deemed to exist when there is a physical or mental illness or impairment. The disability is to be supported by competent medical documentation and is to be of such a debilitating nature as to reduce substantially or eliminate the individual's ability to work. The disability is expected to last for a period of at least thirty days.

(f) A parent, legal guardian, legal custodian, or other specified relative whose needs are not included in a child only AG. This includes situations when the minor child resides with both parents, and both parents are recipients of SSI; and when the parent of the minor child is a child for whom federal, state, or local foster care maintenance, or adoption assistance payments are made.

(2) An adult or minor head of household claiming a physical or mental illness or impairment is still considered a WEI and could be assigned an alternative activity as described in rule 5101:1-3-12.12 of the Administrative Code unless they are in receipt of SSDI or SSI.

(3) An assistance group (AG) when the only minor child is in receipt of SSI benefits, or is a child for whom federal, state, or local foster care maintenance, adoption assistance payments, kinship support payments as described in rule 5180:3-13-18.2 of the Administrative Code, or federal or state kinship guardianship assistance program (KGAP) payments as described in rules 5180:2-56-02 and 5180:2-55-03 of the Administrative code are made, the AG is deemed to include that minor child for purposes of determining eligibility to participate in OWF.

(C) What are work activities?

Time spent in the following activities will meet the hours of participation as described in paragraph (D) of this rule.

(1) Unsubsidized employment;

(2) Subsidized private sector employment;

(3) Subsidized public sector employment;

(4) Work experience program (WEP);

(5) On-the-job-training (OJT);

(6) Job search and job readiness assistance;

(7) Community services;

(8) Vocational education training;

(9) Providing child care to an individual who is participating in a community services program;

(10) Job skills training directly related to employment;

(11) Education directly related to employment, in a case of a recipient who has not received a high school diploma or a certificate of high school equivalency;

(12) Satisfactory attendance at secondary school or in a course of study leading to a certificate of general equivalence, in the case of a recipient who has not completed secondary school or received such a certificate;

(13) Parenting classes, job skills and life skills training;

(14) Participation in a alcohol or drug addition program certified by the department of mental health and addiction services under section 5119.36 of the Revised Code;

(15) Finding a home in the case of a homeless AG;

(16) Residing in a domestic violence shelter, receiving counseling or treatment related to the domestic violence or participating in criminal justice activities against the domestic violence offender;

(17) Attending English as a second language course;

(18) Applying for or appealing a social security disability insurance benefit;

(19) Attending medical appointments or counseling;

(20) Intensive case management; and

(21) Participation in an assessment or vocational rehabilitation program with opportunities for Ohioans with disabilities.

(D) What are the hourly work requirements for a WEI??

(1) All WEIs shall be assigned to one or more work activities or alternative activities as described in paragraph (C) of this rule, and participate at least the following number of hours except as provided in paragraphs (D)(2) to (D)(4) of this rule:

(a) An AG containing at least one WEI are to participate at least an average weekly amount of thirty hours(one hundred fifty-two hours monthly).

(b) An AG containing at least two WEIs and not receiving federally funded child care are to participate at least an average total weekly amount of thirty-five hours(one hundred fifty-two hours monthly ) .

(c) An AG containing at least two WEIs and an adult in the family is not disabled or is not caring for a child with a disability, and is receiving federally funded child care are to participate at least an average total weekly amount of fifty-five hours (two hundred thirty-eight hours monthly) .

(d) An AG containing two WEIs where one parent is disabled is to participate, at least an average total weekly amount of thirty hours(one hundred fifty-two hours monthly).

(e) An AG that includes a WEI who is the only parent or specified relative in need in the family of a child under six years of age, at least an average weekly amount of twenty hours.

(f) Single custodial parent.

For any fiscal year, a county agency may at its option, assign a WEI who is a single custodial parent caring for a child under the age of twelve months to one or more alternative activities for a number of hours a week determined by the county agency.

(g) At least one of the parents in an AG containing two WEIs is to participate in sufficient hours to meet the hourly work requirements.

(2) There are circumstances when the county agency may reduce a WEI's hours of participation in a work activity to less than the weekly hours otherwise required. The county agency shall document the reason for not assigning the participant to all or some of the required hours. The comprehensive assessment shall be used to determine when it is appropriate to assign a reduced number of hours.

A reduction in the hours of participation may be a reasonable modification when an individual discloses, has, or appears to have a physical or mental condition that substantially limits one or more major life activities. The county agency will act in accordance with rule 5101:9-3-02 of the Administrative Code and the Americans with Disabilities Act (ADA) (1990) plan adopted by the county agency.

(3) After a WEI is assigned to a work activity or alternative activity a county agency shall place the WEI in the assigned activity as soon as the activity becomes available. Until the activity is available, a county agency shall assign a WEI to another activity as appropriate.

(4) Participation in a work activity may be waived due to domestic violence, as described in rule 5101:1-3-20 of the Administrative Code.

(5) One work eligible parent may complete all required work activity hours for a two-parent assistance group.

(6) Alternative activities

(a) When a county agency determines that a WEI has a temporary or permanent barrier to participation in a work activity, it may assign a WEI to one or more alternative activities pursuant to rule 5101:1-3-12.12 of the Administrative Code.

(b) There are no minimum number of hours required for assignment in alternative activities.

(c) There are no limitations as to the number of WEIs who may be assigned to alternative activities.

(7) A county agency may reassign a WEI when the county agency determines reassignment will aid the assistance group in achieving self sufficiency and personal responsibility and shall make reassignments when circumstances requiring reassignment occur, including when a temporary barrier to participating in a work activity is eliminated as determined by the comprehensive assessment.

(8) Every adult WEI twenty-five or older participating in OWF is to complete a financial literacy course as a job search and job readiness activity after OWF approval. The financial literacy course is to be provided through one of the following entities:

(a) The OhioMeansJobs website (OhioMeansJobs.com) and/or the closest OhioMeansJobs center;

(b) An extension office of the Ohio state university; or

(c) Another accredited financial literacy course.

(E) Can a WEI applicant(s) be assigned to a work activity?

Job search and job readiness activities, as defined in rule 5101:1-3-12.5 of the Administrative Code, are the only activities an applicant(s) of OWF can be assigned.

(F) When are work hours deemed to have been met?

(1) A recipient who is married or a head of household and has not attained twenty years of age is deemed to be participating the number of hours for a month in a fiscal year when the recipient:

(a) Maintains satisfactory attendance at secondary school or the equivalent during the month; or

(b) Participates in education directly related to employment for an average of at least twenty hours per week during the month.

(2) For a married recipient, such participation counts as the greater of twenty hours or the actual hours of participation.

(3) When both parents in the family are under twenty years old, the work requirements specified in paragraph (D)(1)(c) of this rule are met when both meet the conditions of paragraph (F)(1)(a) or (F)(1)(b) of this rule.

(G) Which holidays are countable towards the hourly participation requirement?

(1) Pursuant to 45 C.F.R. 261.60 (2/2008) the following ten holidays are limited to:

(a) New Years day, January first;

(b) Birthday of Martin Luther King Jr., the third Monday in January;

(c) Washington's birthday, the third Monday in February;

(d) Memorial day, the last Monday in May;

(e) Independence day, July fourth;

(f) Labor day, the first Monday in September;

(g) Columbus day, the second Monday in October;

(h) Veteran's day, November eleventh;

(i) Thanksgiving day, the fourth Thursday in November; and

(j) Christmas day, December twenty-fifth.

(2) In order to count a holiday as actual hours of participation, the WEI shall have been scheduled to participate on that day but for the holiday.

(H) What occurs when a WEI fails to complete the assigned hours?

(1) Single custodial parent with a child under six:

The county agency shall inform single custodial parents caring for a child under six years of age of the following requirements, and may include this information on the participant's self sufficiency contract (SSC).

(a) The provisions in rule 5101:1-3-13 of the Administrative Code;

(b) The exception to imposing a three-tier sanction when the single custodial parent demonstrates an inability to obtain needed child care;

(c) The county agency procedures for determining a single custodial parent's inability to obtain needed child care;

(d) The fact that the exception to participation in work activities does not extend the OWF time limits; and

(e) The right to a state hearing.

Documentation to confirm that parents have been informed of this provision shall be contained in the case file.

(2) All others with missed hours:

Missed hours of participation in a month may be made up by a WEI within the same month at the discretion of the county agency. Any missed hours of participation that are not made up by an individual may be considered good cause when they meet one of the good cause reasons described in rule 5101:1-3-13 of the Administrative Code. Any missed hours of participation that are not made up within the month or that good cause cannot be established are subject to the three-tier sanction provisions as described in rule 5101:1-3-15 of the Administrative Code.

(3) When the county agency determines that the provisions of rule 5101:1-3-13 of the Administrative Code do not apply, the county agency shall apply the sanction policy pursuant to rule 5101:1-3-15 of the Administrative Code.

(I) What are the supervision requirements for unpaid work activities?

(1) Participation in unpaid activities shall be supervised no less frequently than once each day that the individual is scheduled to participate.

(2) Daily supervision means that a responsible party has daily responsibility for oversight of the individual's participation, not necessarily daily, in-person contact with the participant.

(3) WEIs shall be supervised by one of the following:

(a) The employer;

(b) The work supervisor; or

(c) Other responsible third party.

(J) How are hours of participation in unpaid activities verified?

(1) All actual hours of participation shall be verified on a monthly basis.

(2) Verification is considered to be met when the county agency has received confirmation of the actual hours of participation.

(3) All assigned hours of participation shall be accounted for by the county agency.

(4) Verified hours of participation shall be entered into the Ohio benefits integrated eligibility system in a timely manner.

(5) Acceptable types of verification for hours participated include but are not limited to the following:

(a) The Ohio benefits integrated eligibility system generated schedule;

(b) JFS 06910 "Record of Attendance Report";

(c) JFS 06909 "Record of School Attendance";

(d) Data exchange report;

(e) Documented phone contact with the work site or other methods determined acceptable by the county agency as long as the following are included:

(i) The participant's name;

(ii) An accounting of all assigned hours of participation at that participation site;

(iii) The name and location of the participation site;

(iv) The name of the participant's work site supervisor; and

(v) The name and phone number of the person verifying the hours.

(K) How are hours of participation in paid activities verified?

(1) A county agency shall verify the participation hours for unsubsidized employment, subsidized employment program (SEP) and on-the-job training (OJT) at least once every six months.

(2) When hours have been reported on an interim report issued and verified pursuant to rule 5101:4-7-01 of the Administrative Code, the verified hours shall be used as a six month projection of hours of participation.

(3) The hours verified during the application and reapplication process as described in rules 5101:1-2-01 and 5101:1-2-10 of the Administrative Code shall be used as a six month projection of hours of participation.

(4) The county agency shall determine monthly work participation hours by multiplying the average weekly number of hours by 4.33.

(L) How are the work assignments affected by the Fair Labor Standards Act (12/2022) (FLSA)?

(1) WEIs assigned to the work experience program (WEP) and community service activities are subject to FLSA requirements contained in 29 U.S.C. 201 (12/2022).

(2) "To employ" is defined for purposes of complying with FLSA as "to suffer or permit to work."

(3) WEP and community service activities should be examined by the county agency to determine whether each assigned activity is subject to FLSA.

(4) The maximum monthly hours of participation allowable under FLSA are determined as follows:

(a) The OWF grant (before recoupment) and supplemental nutrition assistance program (SNAP) allotment (before recoupment) are added together;

(b) Child support collections received in the month and retained to reimburse the state or federal government for the current month's OWF payment are subtracted from the total in paragraph(L)(4)(a) of this rule.

(c) The net amount in paragraph (L)(4)(b) of this rule is divided by the higher of the state or federal minimum wage to determine the maximum allowable hours of monthly participation in WEP or community service.

(5) When the child support received is fluctuating or not representative of the current child support payments, the county agency shall convert the child support payments to a monthly average using the process defined in rule 5101:1-23-20 of the Administrative Code. The county agency shall use child support payments collected and retained in the immediately preceding three month period to determine an average amount to be used in the calculation of maximum monthly hours of participation allowable under FLSA.

(6) Any work allowance amount issued is excluded from the calculation of monthly FLSA hours of participation.

(7) When a work assignment is subject to the requirements of the FLSA and the allowable assignment for hours of participation falls below the hour requirement as described in rule 5101:1-3-01 of the Administrative Code , the county agency shall assign another activity not subject to FLSA to fulfill the hours , except as provided in paragraph (D)(4) of this rule.

(M) What other requirements pertain to OWF work activities?

(1) No WEI shall be assigned to a work activity or alternative activity when the employer removes or discharges a person, for the purpose of substituting the individual in the person's place in any of the following circumstances:

(a) The person is already employed as a regular full-time or part-time employee of the employer;

(b) The person has been employed full time or part time as a WEI in a work activity or alternative activity;

(c) The person is or has been involved in a dispute between a labor organization and the employer; or

(d) The person is on layoff from the same or any substantially equivalent job.

(2) No employer shall hire an OWF recipient or WEI part-time to circumvent hiring a full-time employee.

(3) The county agency shall establish and maintain a grievance procedure for resolving complaints by individuals or their representatives that the assignment of a WEI violates the provisions described in paragraph(M)(1) of this rule.

(4) Except for a WEI who is assigned to subsidized employment as described in rule 5101:1-3-12.2 of the Administrative Code or unsubsidized employment as described in rule 5101:1-3-12.1 of the Administrative Code, credit for work performed by a WEI in a work activity or alternative activity does not constitute remuneration for the purpose of Chapter 124. or 145. of the Revised Code and services performed by the WEI do not constitute employment for the purposes of Chapter 4141. of the Revised Code.

(5) The county agency shall implement and enforce the requirements of this rule. State and local agencies shall cooperate with the county agency to the maximum extent possible in the implementation of these sections.

(6) In employing persons to administer and supervise work activities and alternative activities, a county agency shall give first consideration to applicants for OWF and WEIs provided such applicants and WEIs qualify for the administrative and supervisory positions to be filled. An applicant or WEI shall be eligible for first consideration only within the county that the applicant applies for OWF or a WEI participates in OWF.

(7) Subject to the availability of funds and except as limited by section 5107.58 of the Revised Code, a county agency shall provide support services it determines to be necessary for OWF participants placed in a work activity, developmental activity, or alternative work activity. A county agency may provide support services it determines to be necessary for OWF applicants placed in a job search or job readiness activity established under section 5107.50 of the Revised Code. Support services may include publicly funded child care under Chapter 5104. of the Revised Code, transportation, and other services.

(8) The assignment of a WEI pursuant to this rule or its supplemental rules shall be consistent with rule 5101:9-3-02 of the Administrative Code and the ADA plan adopted by the county agency.

Last updated April 1, 2026 at 7:46 AM

Supplemental Information

Authorized By: 5107.16, 5107.05
Amplifies: 5107.05, 5107.66,5107.01,5107.14,5107.16,5107.36,5107.40,5101.41,5107.42,5107.43,5107.60,5107.62,5107.64,5107.65,5107.67,5107.68,5107.70,5180.532
Five Year Review Date: 6/1/2028
Prior Effective Dates: 9/1/1984, 2/15/1988, 1/1/1989, 9/23/1989, 12/1/1995 (Emer.), 1/1/2001, 5/1/2010, 2/5/2012

Rule 5101:1-3-12.1 | Unsubsidized employment.

• Effective: August 1, 2022
• Promulgated Under: 119.03

(A) Which section of the Revised Code applies to unsubsidized employment?

(1) Section 5107.05 of the Revised Code authorizes the director of job and family services to adopt rules as necessary to comply with Title IV-A, Title IV-D, federal regulations, state law and the state plan.

(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 5107.40, 5107.54, 5107.541 and 5107.61 of the Revised Code. All applicable requirements contained in the Revised Code sections referenced have been incorporated in this rule.

(B) What is unsubsidized employment?

(1) Unsubsidized employment means full or part time employment in the private or public sector that is not subsidized by temporary assistance for needy families (TANF) or any other public program.

(2) When an employer received a direct subsidy for hiring a recipient from TANF or other public funds, that recipient is considered to be in a subsidized public or private sector employment, not unsubsidized employment.

(3) Recipients whose employers claim a tax credit for hiring economically disadvantaged workers are considered to be participating in unsubsidized employment.

(4) Self employment will count as unsubsidized employment.

(C) What hours of participation in unsubsidized employment may count toward work participation?

(1) Verified hours of unsubsidized employment shall count toward work participation. Hours for unsubsidized employment shall be verified at least once every six months, as described in rule 5101:1-3-12 of the Administrative Code.

(2) Hours of self employment are determined by dividing the individual's self employment income (gross receipts less business expenses) by the federal minimum wage.

(3) Hours of employment resulting from in-kind or barter income, defined as an exchange of property or services, shall count toward work participation.

Last updated March 5, 2026 at 10:19 AM

Supplemental Information

Authorized By: 5107.05
Amplifies: 5107.05
Five Year Review Date: 8/1/2027
Prior Effective Dates: 12/29/2006, 10/1/2008

Rule 5101:1-3-12.2 | Subsidized public and private employment.

• Effective: November 1, 2022
• Promulgated Under: 119.03

(A) Which section of the Revised Code applies to subsidized public and private employment?

(1) Section 5107.05 of the Revised Code authorizes the director of job and family services to adopt rules as necessary to comply with Title IV-A, Title IV-D, federal regulations, state law and the state plan.

(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 5107.40 and 5107.52 of the Revised Code.

(B) What is the definition of subsidized private and/or public sector employment?

(1) Subsidized private and/or public sector employment means employment for which the employer receives a subsidy from temporary assistance for needy families (TANF) or other public funds to offset some or all of the wages and costs of employing an individual. Work study that involves paid employment provided by an educational institution meets the definition of subsidized employment when the individual's earnings are subsidized by the educational institution.

(2) Hours of participation in substance abuse treatment, mental health treatment or rehabilitation activities or various other barrier removal or educational activities may count when the individual is paid for these hours as part of subsidized employment.

(3) An employer can receive up to twelve monthly subsidy payments per individual placed with that employer. Longer durations may be appropriate for supported employment with individuals with disabilities as long as they are justified by an individualized needs assessment. The county agency shall determine when the subsidy will begin and when the subsidy shall end in accordance with the subsidized employment contract.

(4) A subsidized employment program shall include the expectation of continuing employment with the participating employer after the subsidy expires or a placement component that leads to employment with another employer after the subsidy expires. The expectation of employment may be contingent upon the participant's successful completion of any probationary or training period specified in the contract and abiding by the employer's rules and regulations.

(5) What are acceptable models of subsidized employment?

Acceptable models of subsidized employment include but are not limited to:

(a) The use of a third party who acts as the employer of record for a trial period, such as a temporary staffing agency. The organization receives a fee from the county agency or other public agency to cover the participant's salary and supportive services; or

(b) The use of supported work for individuals with disabilities, as defined under the Rehabilitation Act of 1973, 29 U.S.C. 705(35). Supported work for individuals with disabilities means work in an integrated setting (i.e. where people with and without disabilities work in the same place) for a wage consistent with those paid to non-disabled workers with similar job functions.

(c) The use of transitional jobs for hard-to-employ Ohio works first participants. Transitional jobs provide time-limited, paid work experience combined with a comprehensive set of services in order to help participants overcome barriers to employment and build work related skills.

Last updated March 5, 2026 at 10:19 AM

Supplemental Information

Authorized By: 5107.05
Amplifies: 5107.05
Five Year Review Date: 11/1/2027
Prior Effective Dates: 2/1/2012

Rule 5101:1-3-12.3 | Work experience program.

• Effective: October 1, 2023
• Promulgated Under: 119.03

(A) Which section of the Revised Code applies to the work experience program (WEP)?

(1) Section 5107.05 of the Revised Code authorizes the director of job and family services to adopt rules as necessary to comply with Title IV-A, Title IV-D, federal regulations, state law, and the state plan.

(2) The county agencies shall administer the work activity programs in accordance with the requirements contained in this rule and not in accordance with sections 5107.40, 5107.54, 5107.541 and 5107.61 of the Revised Code.

(B) What is the definition of a work experience program ?

(1) WEP is a work activity that is:

(a) Performed in return for cash assistance; and

(b) Provides an individual an opportunity to acquire the general skills, knowledge, and work habits necessary to obtain employment.

(2) WEP activities may include, but are not limited to:

(a) Work associated with the refurbishing of publicly assisted housing;

(b) Service as an Ohio works first (OWF) ombudsperson pursuant to sections 329.07 and 5107.61 of the Revised Code; and

(c) Work as a school volunteer or classroom aide. A work-eligible individual may be assigned at a nonpublic or public school when they have a minor child enrolled in that school. Assignments pursuant to this paragraph shall meet the definition of WEP.

(i) A county agency may contract with the chief administrator of a nonpublic school or with any school district board of education that has adopted a resolution under section 3319.089 of the Revised Code.

(ii) A contract shall provide for a participant to volunteer or work at the school as a classroom aide. When that is impossible or impractical, the contract may provide for the participant to volunteer to work in another position at the school.

(iii) A contract may provide for the nonpublic school or board of education to receive funding to pay for coordinating, training, and supervising participants volunteering or working in schools.

(iv) Notwithstanding section 3319.088 of the Revised Code, a participant volunteering or working as a classroom aide under this section is not required to obtain an educational aide permit or paraprofessional license. The participant shall not be considered an employee of a political subdivision for purposes of Chapter 2744. of the Revised Code and is not entitled to any immunity or defense available under that chapter, the common law of this state, or section 9.86 of the Revised Code.

(C) What activities do not meet the definition of WEP?

(1) Job search and job readiness activities;

(2) Vocational education;

(3) Caring for a disabled family member; and

(4) Attending medical appointments.

(D) What requirements apply to WEP?

(1) Hours assigned to WEP are subject to the Fair Labor Standards Act (5/2011) requirements pursuant to paragraph (J) of rule 5101:1-3-12 of the Administrative Code.

(2) Each county agency shall make a list of WEP sites available to the public.

(3) Work-eligible individuals assigned to WEP are not employees of the Ohio department of job and family services (ODJFS) or the county agency. The operation of WEP does not constitute the operation of an employment agency by the ODJFS.

(4) A work eligible individual is to be placed in and participating in WEP in order for a private or government entity to pay premiums to the bureau of workers' compensation on account of the work eligible individual unless a county agency pays the premiums for the entity.

Last updated March 5, 2026 at 10:19 AM

Supplemental Information

Authorized By: 5107.05
Amplifies: 5107.05
Five Year Review Date: 4/1/2027
Prior Effective Dates: 12/29/2006, 10/1/2008, 2/1/2012, 1/1/2017, 4/1/2022

Rule 5101:1-3-12.4 | On-the-job training.

• Effective: April 1, 2022
• Promulgated Under: 119.03

(A) Which section of the Revised Code applies to on-the-job training?

(1) Section 5107.05 of the Revised Code authorizes the director of job and family services to adopt rules as necessary to comply with Title IV-A, Title IV-D, federal regulations, state law, and the state plan.

(2) The county agencies are to administer the work activity programs in accordance with the requirements contained in this rule and not in accordance with sections 5107.40 and 5107.60 of the Revised Code.

(B) What is on-the-job training?

(1) On-the-job training means training in the public or private sector that is given to a paid employee while he or she is engaged in productive work and that provides the knowledge and skills essential to the full and adequate performance on the job.

(2) Paid internships and situations in which someone is engaged in subsidized employment and training may be considered on-the-job training.

Last updated March 5, 2026 at 10:19 AM

Supplemental Information

Authorized By: 5107.05
Amplifies: 5107.05
Five Year Review Date: 4/1/2027
Prior Effective Dates: 12/29/2006, 1/1/2017

Rule 5101:1-3-12.5 | Job search and job readiness assistance.

• Effective: May 1, 2025
• Promulgated Under: 119.03

(A) Which section of the Revised Code applies to job search and job readiness assistance?

(1) Section 5107.05 of the Revised Code authorizes the director of job and family services to adopt rules necessary to comply with Title IV-A, Title IV-D, federal regulations, state law and the state plan.

(2) The county agency is to administer the work activity programs in accordance with the requirements contained in this rule and not in accordance with sections 5107.40 and 5107.50 of the Revised Code.

(B) What is the definition of job search and job readiness assistance?

(1) Job search and job readiness assistance means the act of seeking or obtaining employment, preparation to seek or obtain employment, including life skills training, substance abuse treatment, mental health treatment, or rehabilitation activities. Treatment or therapy is to be determined to be necessary and documented by a qualified medical, substance abuse, or mental health professional.

(2) The following activities do not meet the definition of job search and job readiness assistance:

(a) Child's dental checkups, immunizations, and school attendance;

(b) Parenting skills training;

(c) Participating in head start;

(d) Personal care;

(e) Activities that promote a healthier lifestyle.

(3) A county agency may utilize the services of private and governmental entities under contract with the county agency in operating the program.

(C) What are the limitations in counting job search and job readiness assistance participation hours toward the federal work participation rate?

(1) An individual's participation in job search and job readiness assistance counts for no more than six weeks in the preceding twelve months.

(2) Travel time to and from work sites does not count toward the participation requirements. However, the time an individual spends in job search and job readiness assistance traveling between multiple interviews may be counted in the hours of participation.

(3) For the six week limitation on participation, a week is defined as:

(a) Twenty hours for a work eligible individual who is a single custodial parent with a child under six years of age; or

(b) Thirty hours for all other work eligible individuals.

(4) Six weeks of job search and job readiness assistance equals:

(a) One hundred twenty hours in a twelve-month period for each work eligible individual described in paragraph (C)(3)(a) of this rule; and

(b) One hundred eighty hours in a twelve-month period for each work eligible individual described in paragraph (C)(3)(b) of this rule.

(5) No more than four of the six weeks may be consecutive.

(6) For purposes of the four consecutive week period, the following provisions are applicable:

(a) A week means seven consecutive days;

(b) Any hours of participation in job search and job readiness assistance activities in the seven consecutive day period is to count as an entire week.

(c) Once an individual has four consecutive weeks of participation, that individual's participation in job search and job readiness assistance may not count for one week (i.e., seven consecutive days).

Last updated March 5, 2026 at 10:19 AM

Supplemental Information

Authorized By: 5107.05
Amplifies: 5107.05
Five Year Review Date: 5/1/2030
Prior Effective Dates: 10/1/2008

Rule 5101:1-3-12.6 | Community service.

• Effective: February 1, 2026
• Promulgated Under: 119.03

(A) Which section of the Revised Code applies to community service?

(1) Section 5107.05 of the Revised Code authorizes the director of job and family services to adopt rules as necessary to comply with Title IV-A, Title IV-D, federal regulations, state law, and the state plan.

(2) The county department of job and family services will administer the work activity programs in accordance with requirements contained in this rule and not in accordance with sections 5107.40, 5107.541 and 5107.60 of the Revised Code.

(B) What is community service?

Community service means structured programs and embedded activities that Ohio works first (OWF) work eligible individuals (WEI) perform work for the direct benefit of the community under the direction of public or nonprofit organizations, and are also designed to improve the employability of individuals not otherwise able to obtain unsubsidized full-time employment.

(C) What activities meet the definition of community service?

(1) Community service programs shall be limited to projects that serve a useful community purpose in fields such as:

(a) Health;

(b) Social service;

(c) Environmental protection;

(d) Education;

(e) Urban or rural development;

(f) Welfare;

(g) Recreation;

(h) Public facilities;

(i) Public safety; and

(j) Child care.

(2) The following activities do not meet the definition of community service:

(a) Substance abuse treatment programs;

(b) Mental health and family violence counseling;

(c) Life skills classes;

(d) Parenting classes;

(e) Job readiness instruction; and

(f) Caring for a disabled household member.

(3) A county agency shall take into account to the extent possible, the prior training, experience and skills of an assistance group member in making an appropriate community service assignment.

(D) What educational activities meet the definition of community service?

(1) A county agency may contract with the chief administrator of a nonpublic school or with any school district board of education that has adopted a resolution under section 3319.089 of the Revised Code.

(2) A WEI who has a minor child enrolled in a nonpublic school or a public school in the district may be assigned under the community service program to volunteer or work for compensation at the school that the child is enrolled.

(3) Unless it is not possible or practical, a contract is to provide for a WEI to volunteer or work at school as a classroom aide. If that is impossible or impractical, the contract may provide for the WEI to volunteer to work in another position at the school.

(4) A contract may provide for the nonpublic school or board of education to receive funding to pay for the coordination, training, and supervision of WEIs who are volunteering or working in schools.

(5) Notwithstanding section 3319.088 of the Revised Code, a WEI volunteering or working as a classroom aide under this rule is not required to obtain an educational aide permit or paraprofessional license. The WEI is not to be considered an employee of a political subdivision for purposes of Chapter 2744. of the Revised Code and is not entitled to any immunity or defense available under that chapter, the common law of this state, or section 9.86 of the Revised Code.

(E) Are community service activities subject to the Fair Labor Standards Act (12/2022) (FLSA)?

Hours assigned to community service shall be in compliance with the FLSA requirements set forth in rule 5101:1-3-12 of the Administrative Code.

(F) Who is responsible for workers compensation premiums?

A WEI is to be placed in and participating in a community service activity in order for a private or government entity to pay premiums to the bureau of workers' compensation on account of the WEI unless a county agency pays the premiums for the entity.

Last updated March 5, 2026 at 10:19 AM

Supplemental Information

Authorized By: 5107.05
Amplifies: 5107.05
Five Year Review Date: 2/1/2031
Prior Effective Dates: 5/1/2010, 9/1/2015

Rule 5101:1-3-12.7 | Vocational educational training.

• Effective: November 1, 2022
• Promulgated Under: 119.03

(A) Which section of the Revised Code applies to vocational education training?

(1) Section 5107.05 of the Revised Code authorizes the director of job and family services to adopt rules as necessary to comply with Title IV-A, Title IV-D, federal regulations, state law and the state plan.

(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, 5107.40, 5107.43, 5107.58 and 5107.60 of the Revised Code.

(B) What is vocational educational training?

(1) Vocational educational training means organized education programs that are directly related to the preparation of individuals for employment in current or emerging occupations requiring training.

(2) Vocational educational training shall be provided by education and training organizations.

(3) Acceptable types of vocational educational training include, but are not limited to:

(a) Baccalaureate or advanced degrees;

(b) Associate degree;

(c) Instructional certificate program;

(d) Industrial skills certificate;

(e) Non-credit coursework; and

(f) Basic skills education and English as a second language (ESL) courses when they are a necessary and regular part of the vocational educational training.

(C) What hours of participation in vocational educational training may count toward work participation?

(1) Hours of participation are actual hours spent in the classroom not semester or quarter credit hours.

(2) The county agency may count supervised homework time and up to one hour of unsupervised time for each hour of class time. Total homework time counted for participation cannot exceed the hours required or advised by a particular education institution. The county agency shall document the homework expectations of the educational program in order to count homework time.

(D) What are the limitations on counting vocational educational training toward work participation?

(1) For each work eligible applicant or participant no more than twelve months of vocational educational training will count toward work participation in a lifetime.

(2) Not more than thirty per cent of the number of individuals assigned to vocational educational training in all families and in two parent families shall count toward monthly work participation as described in rule 5101:1-3-01 of the Administrative Code.

(E) How is tuition covered?

(1) The participant shall make reasonable efforts, as determined by the county agency, to obtain a loan, scholarship, grant or other assistance to pay for the tuition, including a federal pell grant under 20 U.S.C. 1070a(12/2015), an Ohio instructional grant under section 3333.12 of the Revised Code, and an Ohio college opportunity grant under section 3333.122 of the Revised Code.

(2) When the participant is unable to obtain sufficient assistance to pay the tuition the Ohio works first program may pay the tuition. The county agency may enter into a loan agreement with the participant to pay the tuition. The total period for which tuition is paid and loans made shall not exceed two years.

(3) When the participant volunteers to participate in the vocational education program for more hours each week than the hours assigned, the program may pay or the county agency may loan the cost of the tuition for the assigned number of hours.

(4) A county agency that provides loans pursuant to paragraph (E)(2) of this rule shall establish procedures governing loan application for and the approval and administration of loans granted.

Last updated March 5, 2026 at 10:19 AM

Supplemental Information

Authorized By: 5107.05
Amplifies: 5107.05
Five Year Review Date: 11/1/2027
Prior Effective Dates: 10/1/2008, 6/1/2017

Rule 5101:1-3-12.8 | Providing child care services to an individual who is participating in a community service program.

• Effective: April 1, 2022
• Promulgated Under: 119.03

(A) Which section of the Revised Code applies to providing child care services to an individual who is participating in a community service program?

(1) Section 5107.05 of the Revised Code authorizes the director of job and family services to adopt rules necessary to comply with Title IV-A, Title IV-D, federal regulations, state law and the state plan.

(2) The county agencies shall administer the work activity programs in accordance with the requirements contained in this rule and not in accordance with sections 5107.40, 5107.541 and 5107.60 of the Revised Code. All applicable requirements contained in the referenced Revised Code sections have been incorporated into this rule.

(B) What does providing child care services to an individual who is participating in a community service program mean?

(1) Providing child care services to an individual who is participating in a community service program is a work activity in which a work-eligible individual provides child care to enable another work-eligible individual to participate in a community service program as described in rule 5101:1-3-12.6 of the Administrative Code.

(2) Providing child care to enable Ohio works first recipients to participate in other work activities does not meet this definition.

(C) What are the requirements for this activity?

(1) The activity shall be a structured program designed to improve the employability of work-eligible individuals who participate in this activity.

(2) In a two-parent family, one parent cannot count as participating by providing child care for his or her own children while the other parent participates in a community service activity.

Last updated March 5, 2026 at 10:19 AM

Supplemental Information

Authorized By: 5107.05
Amplifies: 5107.05, 5107.14, 5107.16, 5107.30, 5107.40, 5107.69
Five Year Review Date: 4/1/2027
Prior Effective Dates: 12/29/2006, 7/1/2007, 2/1/2012

Rule 5101:1-3-12.9 | Job skills training directly related to employment.

• Effective: August 1, 2022
• Promulgated Under: 119.03

(A) Which section of the Revised Code applies to job skills training directly related to employment?

(1) Section 5107.05 of the Revised Code authorizes the director of job and family services to adopt rules as necessary to comply with Title IV-A, Title IV-D, federal regulations, state law and the state plan.

(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 5107.40, 5107.54, 5107.541 and 5107.61 of the Revised Code. All applicable requirements contained in the Revised Code sections referenced have been incorporated in this rule.

(B) What is job skills training directly related to employment?

(1) Job skills training directly related to employment means training or education for job skills required by an employer to provide an individual with the ability to obtain employment or to advance or adapt to the changing demands of the workplace.

(2) Job skills training includes, but is not limited to the following:

(a) Customized training to meet the needs of a specific employer. Customized training can include literacy instruction or language instruction when such instruction is explicitly focused on skills needed for employment or combined in a unified whole with job skills training;

(b) General training that prepares an individual for employment; and

(c) Unpaid internships when directly related to employment.

(3) Post-secondary education leading to a baccalaureate or advanced degree may fall within the definition as long as it is directly related to a specific job or occupation. Participants can be assigned to this activity after the twelve months of vocational educational training has been used.

(4) The following activities do not meet the definition of job skills training directly related to employment:

(a) Substance abuse counseling and treatment;

(b) Mental health services; and

(c) Other rehabilitative activities.

(C) When may homework count toward the job skills training directly related to employment?

The county agency may count supervised homework time and up to one hour of unsupervised homework time for each hour of class time. Total homework time counted for participation may not exceed the hours required or advised by a particular educational institution. The county agency shall document the homework expectations of the educational program in order to count homework time.

Last updated March 5, 2026 at 10:19 AM

Supplemental Information

Authorized By: 5107.05
Amplifies: 5107.05
Five Year Review Date: 8/1/2027
Prior Effective Dates: 12/29/2006, 7/1/2007, 10/1/2008, 2/5/2012

Rule 5101:1-3-12.10 | Education directly related to employment in the case of a recipient who has not received a high school diploma or a certificate of high school equivalency.

• Effective: April 1, 2026
• Promulgated Under: 119.03

(A) Which section of the Revised Code applies to education directly related to employment in the case of a recipient who has not received a high school diploma or a certificate of high school equivalency?

(1) Section 5107.05 of the Revised Code authorizes the director of job and family services to adopt rules as necessary to comply with Title IV-A, Title IV-D, federal regulations, state law and the state plan.

(2) The county agency is to administer the work activity programs in accordance with the requirements contained in this rule. This rule seeks to clarify sections 5107.40 and 5107.60 of the Revised Code. All applicable requirements contained in the Revised Code sections referenced have been incorporated into this rule.

(B) What is the definition of "education directly related to employment in the case of a recipient who has not received a high school diploma or a certificate of high school equivalency?"

(1) Education directly related to employment in the case of a recipient who has not received a high school diploma or a certificate of high school equivalency is defined as education related to a specific occupation, job or job offer.

(2) When required as a prerequisite for employment by employers or occupation this activity may include, but is not limited, to the following:

(a) Courses designed to provide the knowledge and skills for specific occupations or work settings;

(b) Adult basic education;

(c) English as a second language; or

(d) Education leading to a high school equivalency diploma. The county agency may determine on a case-by-case basis whether an immigrant or refugee who holds a high school diploma from another country, but not from an American high school or its equivalent, can qualify to participate in this activity. The determination will be based upon the comprehensive assessment, documenting the fact that verification is either unattainable or the overseas diploma is not comparable to an American diploma or high school equivalency diploma.

(C) When may homework count toward the work participation requirement?

The county agency may count supervised homework time and up to one hour of unsupervised homework time for each hour of class time. Total homework time counted for participation cannot exceed the hours required or advised by a particular educational institution. The county agency shall document the homework expectations of the educational program in order to count homework time.

(D) What is the high school equivalence diploma?

High school equivalence diploma means a diploma attesting to the achievement of the equivalent of a high school education as measured by scores on a test of general educational development (GED) as published by the "American Council on Education." High school equivalence diploma includes a certificate of high school equivalence. This program formerly issued the general equivalency diploma or GED.

Last updated April 1, 2026 at 7:46 AM

Supplemental Information

Authorized By: 5107.05
Amplifies: 5107.05
Five Year Review Date: 6/1/2027
Prior Effective Dates: 5/1/2017

Rule 5101:1-3-12.11 | Satisfactory attendance at secondary school or in a course of study leading to a certificate of high school equivalence, in the case of a recipient who has not completed secondary school or received such a certificate.

• Effective: November 1, 2022
• Promulgated Under: 119.03

(A) Which section of the Revised Code applies to satisfactory attendance at secondary school or in a course of study leading to a certificate of high school equivalence, in the case of a recipient who has not completed secondary school or received such a certificate?

(1) Section 5107.05 of the Revised Code authorizes the director of job and family services to adopt rules as necessary to comply with Title IV-A, Title IV-D, federal regulations, state law and the state plan.

(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 5107.40 and 5107.60 of the Revised Code.

(B) What is the work activity known as "satisfactory attendance at secondary school or in a course of study leading to a certificate of high school equivalence, in the case of a recipient who has not completed secondary school or received such a certificate?"

(1) This work activity is defined as regular attendance in the secondary school or course of study at a secondary school, or in a course of study leading to a certificate of high school equivalence for a work eligible individual who has not completed secondary school or received such a certificate. This includes hours of attendance in the following activities as long as they are an integral part of attaining a certificate of high school equivalence:

(a) English as a second language;

(b) Career training;

(c) Alternative schooling;

(d) Tutoring;

(e) Dropout prevention; and

(f) Teen pregnancy or parenting programs.

(2) This activity shall not include other related education activities, such as adult basic education or language instruction unless it is linked to attending a secondary school or leading to a certificate of high school equivalence.

(C) When may homework count toward the work participation requirement?

The county agency may count supervised homework time and up to one hour of unsupervised homework time for each hour of class time. Total homework time counted for participation cannot exceed the hours required or advised by a particular educational institution. The county agency shall document the homework expectations of the educational program in order to count homework time.

(D) What is the certificate of high school equivalence?

The certificate of high school equivalence is a diploma attesting to achievement of the equivalent of a high school education as measured by scores obtained on a high school equivalency test. This includes a certificate of high school equivalence issued prior to January 1, 1994, attesting to the achievement of the equivalent of a high school education as measured by scores obtained on tests of general educational development. This program formerly issued the general equivalency diploma (GED).

Last updated March 5, 2026 at 10:19 AM

Supplemental Information

Authorized By: 5107.05
Amplifies: 5107.05
Five Year Review Date: 11/1/2027
Prior Effective Dates: 9/29/2006 (Emer.), 7/1/2007, 10/1/2008

Rule 5101:1-3-12.12 | Alternative activities.

• Effective: April 1, 2026
• Promulgated Under: 119.03

(A) Which section of the Revised Code applies to alternative activities?

(1) Section 5107.05 of the Revised Code authorizes the director of job and family services to adopt rules as necessary to comply with Title IV-A, Title IV-D, federal regulations, state law and the state plan.

(2) The county agency shall administer the work activity programs in accordance with the requirements contained in this rule. This rule seeks to clarify sections 5107.40, 5107.42, 5107.43 and 5107.64 of the Revised Code.

(B) What are alternative activities?

(1) Alternative activities are activities designed to promote self sufficiency and personal responsibility that are intended to address temporary and permanent barriers to participating in work activities. The county agency should consider the individuals well being score when determining the appropriate alternative activity.

(2) Acceptable types of alternative activities include, but are not limited to:

(a) Parenting classes, job skills and life-skills training;

(b) Participation in an alcohol or drug addiction program certified by the department of mental health and addiction services under section 5119.36 of the Revised Code;

(c) Finding a home in the case of a homeless assistance group;

(d) Residing in a domestic violence shelter, receiving counseling or treatment related to the domestic violence or participating in criminal justice activities against the domestic violence offender;

(e) Attending English as a second language course;

(f) Applying for or appealing a social security disability insurance benefit;

(g) Attending medical appointments or counseling;

(h) Intensive case management; and

(i) Participation in an assessment or vocational rehabilitation program with opportunities for Ohioans with disabilities.

Last updated April 1, 2026 at 7:47 AM

Supplemental Information

Authorized By: 5107.05
Amplifies: 5107.05
Five Year Review Date: 11/1/2027
Prior Effective Dates: 12/29/2006

Rule 5101:1-3-13 | Ohio works first: good cause for work activity failures.

• Effective: June 1, 2022
• Promulgated Under: 119.03

(A) Which section of the Revised Code applies to good cause for work activity failures?

(1) Section 5107.05 of the Revised Code authorizes the director of job and family services to adopt rules as necessary to comply with Title IV-A, Title IV-D, federal regulations, state law and the state plan.

(2) The county agency is to administer the work activity programs in accordance with the requirements contained in this rule and not in accordance with sections 5107.14, 5107.161 and 5107.162 of the Revised Code. All applicable requirements contained in the Revised Code sections referenced have been incorporated into this rule.

(B) What is good cause for work activity failures?

(1) "Good cause" is defined as a valid reason a work eligible individual failed to comply with a provision of their self sufficiency contract requirements.

(2) For each failure, refusal or absence, the county agency shall determine when good cause exists.

(C) What are allowable good cause reasons?

Good cause reasons are limited to the following:

(1) Illness of the work eligible individual or of another family member related by blood, marriage or adoption, living in the same household, when care by the work eligible individual was necessary;

(2) For either the work eligible individual or a family member living in the same household, a previously scheduled appointment necessary for medical, dental, or vision care.

(3) A previously scheduled job interview for a work eligible individual, including any subsequent interviews and/or testing requirements.

(4) Court ordered appearances.

(5) Appointment with another social service agency or program.

(6) Death in the family, with the length of absence to be determined by the county agency. "Family" is defined as spouse, domestic partner (domestic partner is defined as one who stands in place of a spouse and who resides with the work eligible individual), child, grandchild, parents, grandparents, siblings, stepchild, stepparent, step-siblings, great-grandparents, mother-in-law, father-in-law, sister-in-law, brother-in-law, son-in-law, daughter-in-law, or legal guardian or other person who stands in the place of a parent.

(7) A school, place of work or worksite is closed for the day.

(8) Lack of child care.

How is lack of child care determined?

In determining when good cause exists for nonparticipation with a work requirement for a work eligible individual, the county agency shall determine when child care is a necessary supportive service when a single custodial parent caring for a minor child under age six proves a demonstrated inability for one or more of the following reasons:

(a) Unavailability of a licensed or certified child care provider within a reasonable distance from the parent's home or work site. "Reasonable distance" is defined by each county agency and is based on availability of transportation.

(b) Unavailability or unsuitability of informal child care by a relative or other arrangements. "Unsuitability of informal child care" is a decision made by the county agency and is based on information received from the public children services agency (PCSA) that the PCSA determines is relevant to share with the county agency in order to protect children pursuant to rule 5101:2-33-21 of the Administrative Code.

(c) Unavailability of appropriate and affordable formal child care arrangements. "Affordable child care arrangements" means that work eligible individuals are guaranteed eligibility for child care subsidy with copayments based on family size and income.

(9) A failure of the county agency to provide supportive services.

(10) A failure of the county agency to provide the work eligible individual with all information necessary about the assignment.

(11) Circumstances involving domestic violence that make it difficult for the individual to comply in full with a provision of the self sufficiency contract, in accordance with rule 5101:1-3-20 of the Administrative Code.

(12) Other circumstances determined on a case by case basis by the county agency.

(D) How should a claim of good cause be documented?

(1) Verification of good cause may be required of the work eligible individual at the county agency's discretion.

(2) The county agency may request verification by a third party for a good cause claim.

(3) The county agency shall allow the work eligible individual no more than ten days from the request of verification to provide requested good cause verification.

(4) The work eligible individual has primary responsibility for providing verification to support the claim of good cause and resolve any questionable information.

(5) A work eligible individual may supply good cause verification in person, through the mail, by fax, electronically, through an authorized representative, or through the primary information person. The county agency shall not require the work eligible individual to present verification in person.

(E) What happens when good cause is not found?

When the claim of good cause is not found to be valid, the county agency shall either:

(1) Allow the work eligible individual to make up the missed hours of participation within the same month in accordance with rule 5101:1-3-12 of the Administrative Code; or

(2) Impose a new or continue an existing sanction in accordance with rule 5101:1-3-15 of the Administrative Code.

Last updated June 1, 2022 at 8:21 AM

Supplemental Information

Authorized By: 5107.05
Amplifies: 5107.05, 5107.14, 5107.16
Five Year Review Date: 6/1/2027
Prior Effective Dates: 3/1/1983, 3/1/1987, 5/1/1992

Rule 5101:1-3-14 | Ohio works first: penalties.

• Effective: April 1, 2026
• Promulgated Under: 119.03

(A) Which rules apply to penalties?

(1) Section 5107.05 of the Revised Code authorizes the director of job and family services to adopt rules as necessary to comply with Title IV-A, Title IV-D, federal regulations, state law, and the state plan.

(2) The county agency shall administer the work activity programs in accordance with the requirements contained in this rule. This rule seeks to clarify sections 5107.14, 5107.16, 5107.41 and 5107.70 of the Revised Code.

(B) What is a penalty?

A penalty is a negative action that occurs in certain situations that are not subject to the three tier sanction policy set forth in rule 5101:1-3-15 of the Administrative Code but continue to be subject to existing statutory and administrative rule penalties even if the requirement is included as part of the assistance group's self sufficiency contract (SSC) or individual opportunity plan (IOP). The individual who is under penalty remains a work eligible individual (WEI) as defined in paragraph (B) of rule 5101:1-3-12 of the Administrative Code. The following list of penalties is not all inclusive.

(1) What penalties result in the denial or termination of Ohio works first (OWF)?

(a) Failure or refusal to sign the SSC or IOP by a WEI as set forth in rule 5101:1-3-11 of the Administrative Code.

(b) Failure without good cause to attend a comprehensive assessment by a WEI in accordance with rule 5101:1-2-01 of the Administrative Code.

(c) Failure or refusal to cooperate in the application and reapplication process (including failure to appear for scheduled appointments) and provide required verifications necessary to determine eligibility as described in rules 5101:1-2-01 and 5101:1-2-10 of the Administrative Code.

(d) Failure or refusal to accept unconditionally available income as described in rule 5101:1-23-20 of the Administrative Code.

(2) What penalties result in a reduction of the OWF grant and/or the removal of an individual?

(a) Failure to cooperate in the enumeration process as described in rule 5101:1-3-09 of the Administrative Code results in the removal of the individual(s) for whom enumeration verification has not been provided for the OWF benefits.

(b) A teen parent subject to learning, earning and parenting (LEAP) as described in rule 5101:1-23-50 of the Administrative Code, who fails without good cause to meet the LEAP assessment and orientation requirements and who meets the following conditions, is not eligible to participate in OWF:

(i) The teen is under the age of eighteen;

(ii) The teen has a child and his or her child is at least twelve weeks of age;

(iii) The teen has not successfully completed high school or its equivalent; and

(iv) The teen is not attending school, or an alternate education or training program defined by the county agency.

(c) A LEAP attendance failure as set forth in section 5107.30 of the Revised Code and rule 5101:1-23-50 of the Administrative Code results in a reduction of the OWF grant.

(d) A learnfare failure as set forth in section 5107.28 of the Revised Code results in a reduction of the OWF grant.

(e) An individual who is a fugitive felon as defined in section 5101.26 of the Revised Code is not eligible to be included in the OWF grant.

(f) An individual who is violating a condition of probation, a community control sanction, parole, or a post-release control sanction imposed under federal or state law for a felony is not eligible to be included in the OWF grant.

The county agency shall utilize the following procedure when it has information that an individual may be ineligible under paragraphs (B)(2)(e) and (B)(2)(f) of this rule:

(i) The county agency shall contact the appropriate law enforcement agency to give the law enforcement agency thirty days to determine if the individual is fleeing and to arrest or extradite the individual.

(ii) When the law enforcement agency arrests or extradites the individual within thirty days, the county agency shall take appropriate action to remove the individual from the assistance group if he or she is no longer a member of the household.

(iii) When the law enforcement agency has not been able to arrest or extradite the individual by the end of the thirty days, the county agency shall take appropriate action to impose ineligibility under this rule for as long as the law enforcement agency continues to take appropriate action to arrest or extradite the individual and provides documentation.

(iv) When the law enforcement agency indicates it will not attempt to arrest or extradite the individual within thirty days or that the individual is not fleeing, the county agency shall not impose ineligibility under this rule.

(3) What time-limited penalties result in the denial or termination of OWF?

(a) Termination of employment without just cause as described in section 5107.26 of the Revised Code results in the imposition of a six month period of ineligibility for OWF.

(i) For OWF participants, the six month period begins the month after the month in which employment is terminated.

(ii) For transitional child care participants, the six month period begins the month in which the employment is terminated. This penalty only applies to transitional child care assistance groups that were in receipt of OWF cash assistance on the day prior to the day that the assistance group began receiving the transitional child care benefits. There is no penalty if the individual who terminated employment without just cause is not an OWF transitional child care participant.

(b) Receipt of fraudulent assistance as set forth in section 5101.83 of the Revised Code and rule 5101:1-23-75 of the Administrative Code results in ineligibility for the assistance group until the fraudulent assistance is repaid.

(c) Refusal to cooperate with a quality assessment (QA) review results in termination of OWF for the assistance group. "Refusal to cooperate with a quality assessment review" means that the assistance group is able to cooperate but refused to take the actions that it can take to assist in verifying the assistance group's eligibility. The OWF assistance group is ineligible for OWF for a period of three calendar months or until the assistance group cooperates with the QA review, whichever is earlier.

When the QA reviewer determines that the QA review cannot be completed because the OWF assistance group member responsible for cooperating with the QA review refuses to cooperate as defined in this paragraph, the QA reviewer will notify the county agency of the individual's refusal to cooperate. In accordance with the provisions set forth in rule 5101:6-2-04 of the Administrative Code, the county agency must send prior notice of adverse action to the assistance group prior to imposing the penalty. OWF assistance must be terminated as of the next recurring month following the expiration of the adverse action period, unless a hearing is timely requested pursuant to the provisions set forth in division 5101:6 of the Administrative Code.

(4) What penalty is time-limited and results in the reduction of OWF and the removal of the individual?

Fraudulent misrepresentation of residence resulting in a federal or state court conviction results in a ten year period of ineligibility for OWF for the individual convicted.

(a) The individual must have been convicted in federal or state court of having made a fraudulent statement or misrepresentation with respect to the place of residence in order to receive assistance simultaneously from two or more states.

(b) The ten year period begins on the date the individual is convicted in federal or state court provided that the conviction date is on or after August 22, 1996.

(c) The provision shall not apply with respect to a conviction of an individual for any month beginning after the president of the United States grants a pardon with respect to the conduct which was the subject of the conviction.

(C) What provisions apply to assistance group movement in penalty situations?

(1) The following provisions apply to the penalties listed in paragraph (B)(3) of this rule:

(a) An individual who causes the penalty carries the penalty into another assistance group which becomes ineligible due to the penalty until the period of ineligibility ends. The remaining members of the new assistance group are not affected by that penalty, unless they were members of the original assistance group at the time of the penalty. The individual who is under penalty remains a WEI as defined in paragraph (B) of rule 5101:1-3-12 of the Administrative Code.

(b) A minor child who ceases to reside with the penalized assistance group is eligible for OWF provided all eligibility requirements are met.

(c) The period of ineligibility shall be served by all remaining assistance group members in situations where the individual who caused the period of ineligibility leaves the household. This provision is not applicable to the penalty set forth in paragraph (B)(3)(c) of this rule.

(d) Individuals in a two parent assistance group who separate carry the penalty with them into the next assistance group.

(e) All individuals in the OWF assistance group or those individuals who would have been required to be included in the OWF assistance group in accordance with rule 5101:1-23-10 of the Administrative Code at the time of the failure are not eligible to receive OWF until the penalty has been served.

(f) Individuals who enter the home after the date of ineligibility are not eligible to receive OWF regardless of whether they would otherwise meet the eligibility requirements.

Last updated April 1, 2026 at 7:47 AM

Supplemental Information

Authorized By: 5107.05, 5107.16
Amplifies: 5107.05
Five Year Review Date: 4/1/2031
Prior Effective Dates: 10/1/1997 (Emer.), 12/30/1997, 12/29/2006, 9/1/2015, 2/1/2022

Rule 5101:1-3-15 | Ohio works first: three-tier sanctions.

• Effective: January 1, 2024
• Promulgated Under: 119.03

(A) Which section of the Revised Code applies to three-tier sanctions?

(1) Section 5107.05 of the Revised Code authorizes the director of job and family services to adopt rules as necessary to comply with Title IV-A, Title IV-D, federal regulations, state law, and the state plan.

(2) The county agency is to administer the work activity programs in accordance with the requirements contained in this rule and not in accordance with sections 5107.14, 5107.161 and 5107.162 of the Revised Code. All applicable requirements contained in the Revised Code sections referenced have been incorporated into this rule.

(B) What is a sanction?

A sanction is the denial or termination of an assistance group's eligibility to participate in Ohio works first (OWF) due to a member of the assistance group failing and/or refusing to comply in full with a provision of the self sufficiency contract without good cause as set forth in rule 5101:1-3-13 of the Administrative Code.

(C) When shall a sanction be imposed and how long shall it last?

For purposes of this rule a payment month means a calendar month and sanctions shall be imposed as follows:

(1) For a first failure or refusal, the county agency shall deny or terminate benefits for one calendar month or until the failure or refusal ceases, whichever is longer.

(2) For a second failure or refusal, the county agency shall deny or terminate benefits for three calendar months or until the failure or refusal ceases, whichever is longer.

(3) For a third or subsequent failure or refusal, the county agency shall deny or terminate benefits for six calendar months or until the failure or refusal ceases, whichever is longer.

(4) Subsequent failures and/or refusals without good cause to comply with a provision in the self sufficiency contract that occur up until the imposition of the sanction are considered the same occurrence.

(5) In a two-parent assistance group, the assistance group's number of occurrences is the higher amount that either individual incurred prior to the formation of the two-parent assistance group.

(6) Individuals in a two-parent assistance group who separate carry only the occurrences caused by their own failure and/or refusals into another assistance group.

(D) Who is included in the sanction?

All individuals in the OWF assistance group in accordance with rule 5101:1-23-10 of the Administrative Code at the time of the failure and/or refusal are included in the sanction. An assistance group must include the non-recipient work eligible individual as set forth in rule 5101:1-3-12 of the Administrative Code.

(E) When does an imposed sanction become effective?

(1) For applicant assistance groups the sanction period begins with the date of application.

(2) For recipient assistance groups the sanction period begins with the next recurring month following the expiration of the adverse action period as set forth in rule 5101:6-2-04 of the Administrative Code unless a hearing is requested pursuant to the provisions of division 5101:6 of the Administrative Code. If a hearing is requested timely and the assistance group continues to receive OWF the work requirements are applicable.

(3) If a hearing request is made within fifteen calendar days after the mailing of the notice, the imposition of the sanction is postponed. If a hearing request is made after the fifteenth day, but on or before the ninetieth day, the hearing shall be conducted but the sanction is not postponed.

(4) Sanctions shall not be held in abeyance. For assistance groups whose OWF benefits are terminated for another reason, the sanction period begins with the month after OWF is terminated for the assistance group, subject to the prior notice of adverse action requirements as set forth in rule 5101:6-2-04 of the Administrative Code.

(F) How is an assistance group notified of the proposed sanction?

Before a county agency sanctions an assistance group pursuant to paragraph (C) of this rule, the Ohio department of job and family services (ODJFS) shall provide the assistance group with written notice of the sanction failure and/or refusal dates and failed and/or refused hours when applicable.

(G) How is a sanction ended?

The assistance group member who failed or refused a provision of the self sufficiency contract must:

(1) Sign and submit to the county agency a JFS 03804 "Ohio Works First/Supplemental Nutrition Assistance Program (SNAP) Sanction Compliance Agreement" or the statewide automated eligibility system equivalent; and

(2) Serve the minimum sanction period.

(3) For a second and any subsequent sanction the assistance group member who failed and/or refused, to comply with a provision of the self sufficiency contract without good cause, must demonstrate a willingness to comply with the self sufficiency contract through the completion of an appropriate compliance activity as assigned by the county agency as set forth in paragraph (H) of this rule.

(H) What are acceptable compliance activities?

(1) For applicant and recipient sanctions imposed due to a failure and/or refusal to complete a work activity and/or alternative activity without good cause, the compliance assignment shall:

(a) Consist of no more than the missed hours listed on the notice provided in paragraph (F) of this rule for a consecutive fourteen day period.

(b) The consecutive fourteen day period begins with the first work or alternative activity failure and/or refusal date indicated on the notice.

(c) Compliance assignments must be completed in no more than fourteen consecutive days.

(d) Work eligible individuals may not complete work and/or alternative activity hours in a compliance activity prior to the imposition of the sanction.

(2) For recipient sanctions proposed due to a failure and/or refusal to cooperate with the child support enforcement agency without good cause, the sanctioned assistance group member's child support compliance activity shall be determined by the child support enforcement agency.

(3) For recipient sanctions proposed due to all other types of failures or refusals without good cause the work eligible individual's compliance activity shall be determined by the county agency.

(I) What if the compliance activity is not completed?

(1) The county agency shall determine if good cause exists for each failure, refusal or absence. If the county agency determines the failure, refusal or absence was a result of a good cause reason the hours or other compliance activity shall be considered completed by the sanctioned individual. Good cause reasons are limited to:

(a) Holidays as set forth in rule 5101:1-3-12 of the Administrative Code; and

(b) Good cause reasons as defined in rule 5101:1-3-13 of the Administrative Code.

(2) If the county agency does not find good cause for a failure and/or refusal to complete a compliance activity:

(a) For work and/or alternative compliance activities, the sanctioned individual shall start all work and/or alternative compliance activities again.

(b) For compliance with the child support enforcement agency, the sanctioned individual shall work with the child support enforcement agency until compliance is met.

(c) For other compliance activities, the sanctioned individual shall work with the county agency until the county agency determined compliance is met.

(J) When shall OWF be reinstated?

OWF shall be reinstated the first day of the month following the expiration of the minimum sanction period when all of the following are met:

(1) The assistance group member who failed and/or refused a provision of the self sufficiency contract has entered into a new or amended self sufficiency contract with the county agency;

(2) The sanction compliance activity is completed on or before the last day of the minimum sanction period; and

(3) All other eligibility requirements are met. If the assistance group's circumstances have changed such that the county agency questions the eligibility for OWF, the county agency shall request the necessary verifications, as set forth in rule 5101:1-2-20 of the Administrative Code, to establish eligibility. Every effort shall be made by the county agency to determine eligibility before the expiration of the minimum sanction period. This time frame for reinstating OWF benefits following the expiration of the sanction period may be exceeded if the following occurs:

(a) There is a failure, with good cause, to secure the necessary verifications; and

(b) The failure to secure the verifications is considered beyond the control of the county agency or the assistance group.

(K) When shall OWF benefits not be reinstated?

The situations in which OWF shall not be reinstated are when:

(1) The assistance group was sanctioned as an applicant assistance group;

(2) It is time for the assistance group's regularly scheduled eligibility redetermination; or

(3) The individual who caused the sanction has not completed sanction compliance, as set forth in paragraphs (G) and (H) of this rule, or failed and/or refused to enter into a new or amended self sufficiency contract, before the last day of the minimum sanction period.

(L) How can an assistance group get OWF benefits if they are not reinstated?

When OWF is not reinstated:

(1) The assistance group must reapply as set forth in rule 5101:1-2-01 of the Administrative Code.

(2) OWF eligibility begins either when sanction compliance has been met or the date of application, whichever is later.

(M) Does a sanction move with an assistance group member?

(1) If the individual who caused the sanction becomes a required member of a new assistance group, that assistance group is not eligible to receive OWF benefits until the expiration of the minimum sanction period and the completion of the sanction compliance as set forth in paragraphs (G) and (H) of this rule by the sanctioned individual.

(2) If the adults in a sanctioned assistance group who did not cause the sanction become required member(s) of a new assistance group, that assistance group is not eligible to receive OWF benefits until the expiration of the minimum sanction period.

(3) If only the minor children who no longer reside with the original sanctioned adults become required members of a new assistance group, they may be eligible for OWF and are not required to serve the minimum sanction period.

(N) What social services are sanctioned assistance groups eligible for?

An assistance group that would be participating in OWF if not for a sanction shall continue to be eligible for all of the following:

(1) Publicly funded child care in accordance with division (A)(3) of section 5104.30 of the Revised Code;

(2) Support services in accordance with section 5107.66 of the Revised Code; and

(3) To the extent permitted by the Fair Labor Standards Act of 1938, 52 Stat. 1060, 29 U.S.C.A. 201 (05/11), to participate in work activities and alternative activities.

Last updated January 2, 2024 at 8:45 AM

Supplemental Information

Authorized By: 5107.05
Amplifies: 5107.05, 5107.16, 5107.17
Five Year Review Date: 1/1/2029
Prior Effective Dates: 12/30/1997, 7/1/1998, 3/1/2005, 9/29/2006 (Emer.), 10/1/2007 (Emer.), 9/1/2013

Rule 5101:1-3-15.1 | Transition of Ohio works first sanctioned assistance groups and compliance.

• Effective: September 1, 2023
• Promulgated Under: 119.03

(A) How is a self sufficiency contract failure and/or refusal for an Ohio works first (OWF) assistance group that occurred prior to September 1, 2013 ended?

Individuals sanctioned due to a self sufficiency contract failure and/or refusal that occurred prior to September 1, 2013 must serve the minimum sanction period. The sanction shall be ended once the minimum sanction period has expired.

(B) How does an OWF assistance group sanctioned due to a self sufficiency contract failure and/or refusal prior to September 1, 2013 begin receiving OWF once that sanction has ended pursuant to paragraph (A) of this rule?

(1) The OWF assistance group will reapply under section 5107.12 of the Revised Code and rule 5101:1-2-01 of the Administrative Code; and

(2) Enter into a new self sufficiency contract as set forth in rule 5101:1-3-11 of the Administrative Code.

(C) How is a self sufficiency contract failure or refusal sanction for an OWF assistance group that occurred on or after September 1, 2013 ended?

Individuals sanctioned due to a self sufficiency contract failure and/or refusal that occurred on or after September 1, 2013 must complete the compliance process as set forth in rule 5101:1-3-15 of the Administrative Code.

Last updated December 12, 2023 at 10:01 AM

Supplemental Information

Authorized By: 5107.05
Amplifies: 5107.05, 5107.16, 5107.17
Five Year Review Date: 9/1/2028

Rule 5101:1-3-16 | The prevention, retention, and contingency employer subsidy.

• Effective: February 1, 2022
• Promulgated Under: 119.03

(A) What is the prevention, retention, and contingency (PRC) employer subsidy program?

Chapter 5108. of the Revised Code establishes the PRC program under which a county agency may establish an employer subsidy program.

(1) The purpose of the PRC employer subsidy programs is to provide eligible individuals an opportunity to obtain employment and provide employers an incentive to hire participants who are in need of benefits and services to overcome barriers to employment.

(2) Public and private sector employers are eligible to participate in the PRC employer subsidy programs.

(3) Employers participating in PRC employer subsidy programs shall receive a subsidy for a specific period of time to assist in the cost of hiring and providing training to the participant.

(4) The subsidized job position may be full or part time. "Full time" and "part time" is defined by the employer.

(5) Participants in a PRC employer subsidy program shall be considered regular, permanent employees of the employer. They shall be paid the same rate as other employees doing similar work and shall be entitled to the same employment benefits and opportunities for the advancement and affiliations with employee organizations that are available to other regular employees of the employer.

(6) The county agency or contract program provider and the participant shall enter into a written contract with the employer.

(a) The contract shall be effective with the first day of employment.

(b) The contract shall specify the number of hours of employment and the number of months of employer subsidy.

(c) The contract shall specify the amount of the monthly subsidy the employer will be receiving. It is recommended that this amount not exceed fifty per cent of the wages paid by the employer.

(7) The PRC subsidy program shall include the expectation of continuing employment with the participating employer after the subsidy expires or a placement component that leads to employment with another employer after the subsidy expires. The expectation of employment may be contingent upon the participant's successful completion of any probationary or training period specified in the contract and abiding by the employer's rules and regulations.

(B) What are the county agency requirements?

(1) The county agency shall work with the employer to determine the requirements for the subsidized job and screen participants for placement with the employer.

(2) The county agency shall track the subsidy payments to the employer and monitor the participant's progress in employment during the subsidy period.

(3) Subject to the availability of funds, the county agency shall provide support services the county agency determines to be necessary to assist the participant in obtaining or maintaining employment with the employer.

(4) The county agency should encourage employers to build career ladders to enable participants to move into higher skilled and higher paying positions that will lead them toward self sufficiency.

(C) Who may participate in a PRC employer subsidy program?

(1) Ohio works first (OWF) assistance groups who are participating in the subsidized employment program pursuant to rule 5101:1-3-12.2 of the Administrative Code and subsequently become ineligible for OWF may potentially continue to be eligible to participate in a PRC employer subsidy program provided that:

(a) The county agency has designated the employer subsidy as a PRC program under the county's PRC plan and the individual is otherwise eligible in accordance with the requirements of Chapter 5108. of the Revised Code; and

(b) The individual is still working for the employer and the terms of the original contract are met.

(2) An individual who is not in receipt of OWF may potentially be eligible to participate in the employer subsidy program provided that the county agency has designated the employer subsidy as a PRC program under the county's PRC plan and the individual is otherwise eligible in accordance with the requirements of Chapter 5108. of the Revised Code.

Last updated February 1, 2022 at 8:41 AM

Supplemental Information

Authorized By: 5107.05.
Amplifies: 5107.05, 5108.01 to 5108.12.
Five Year Review Date: 2/1/2027
Prior Effective Dates: 7/1/2007, 2/1/2012

Rule 5101:1-3-18 | Individual development account program.

• Effective: January 1, 2024
• Promulgated Under: 119.03

(A) What is an individual development account program?

(1) An "individual development account" (IDA) is a trust created or organized in the United States to enable an eligible individual the opportunity to accumulate funds for purposes defined in paragraph (D)(1) of this rule.

(2) Pursuant to sections 329.11 to 329.14 of the Revised Code, a county agency may establish an IDA program for residents of the county. The program shall provide for establishment of accounts for participants and acceptance of contributions from individuals and entities, including the county agency, to be used as matching funds for deposit in the accounts.

(B) How can a county agency establish an IDA program?

(1) The county agency shall select a fiduciary organization to administer its IDA program. As described in section 329.11 of the Revised Code, a "fiduciary organization" is defined as a nonprofit fundraising organization exempt from federal taxation pursuant to 26 U.S.C. 501(a) and (c)(3) (1995).

(2) The responsibilities of a fiduciary organization include but are not limited to:

(a) Ensuring that the organization is bonded for the amount of money the individuals have contributed plus the amount of interest generated by the account;

(b) Marketing the program to individuals and matching fund contributors;

(c) Depositing the individual's contributions and matching contributions in a financial institution in accordance with section 329.13 of the Revised Code within twenty-four hours of receipt of those contributions;

(d) Ensuring that the allowable matching contribution does not exceed four times the deposited amount and that the account does not exceed ten thousand dollars at any time. Interest generated by an IDA is part of the IDA;

(e) Creating an investment plan to ensure the IDA accounts will obtain a return with a minimal risk of loss;

(f) Creating a plan to prevent unauthorized use of matching contributions and to enforce any penalties pursuant to paragraph (C) of this rule;

(g) Providing financial counseling for account holders;

(h) Conducting verification of eligibility for an IDA;

(i) Complying with federal and state requirements for IDAs; and

(j) Evaluating the IDA program as required by the county agency and/or the Ohio department of job and family services (ODJFS).

(3) Matching funds may be provided by or through a nonprofit, tax exempt organization, or a state or local government agency that works cooperatively with a nonprofit, tax-exempt organization.

(4) When a fiduciary organization participating in the IDA program wants to terminate its participation in the program, it shall give thirty days written notice to the county agency. The county agency shall be responsible for selecting another fiduciary organization to administer the program. In the event the IDA program is terminated, the funds in any existing IDA, including matching contributions, will be disbursed to the individual.

(5) When a fiduciary organization does not fulfill its responsibilities, the fiduciary organization shall not be allowed to participate in the IDA program until it can prove to the satisfaction of the county agency that it can fulfill those responsibilities. When the fiduciary organization misuses the IDA funds, the organization shall be permanently excluded from participation and shall be referred to the county prosecutor. Pursuant to section 329.13 of the Revised Code, a county agency cannot stand alone as a fiduciary organization. It can however, work in cooperation with a nonprofit fundraising organization.

(C) Who can participate in an IDA program?

(1) An individual whose household income does not exceed two hundred per cent of the federal poverty level is eligible to participate in an IDA program established by the county agency that the individual resides.

(2) An individual who does not use IDA funds in the manner mandated in section 329.14 of the Revised Code shall be:

(a) Terminated from participation in the IDA program;

(b) Denied participation in any IDA program for a period of six months for the first occurrence and for one year for the second or subsequent occurrence. The penalty period shall begin the month following the month of withdrawal of IDA funds; and

(c) Referred to the county prosecutor for misuse of the funds.

(3) Any remaining money in the IDA less matching contributions from outside entities shall be disbursed to the individual at the beginning of the penalty period. The remaining contributor matching funds are to be returned to the contributor.

(D) What purposes can an IDA be used for?

(1) The money from an IDA account can only be used for the following purposes:

(a) Postsecondary educational expenses paid directly from the account to an eligible education institution or vendor on behalf of the IDA participant;

(b) Qualified acquisition costs for a first-time homebuyer, as defined in 42 U.S.C. 604 (1998), paid directly from the account to the person or government entity to which the expenses are due;

(c) Qualified business capitalization expenses made in accordance with a qualified business plan that has been approved by a financial institution or by a nonprofit microenterprise program having demonstrated business expertise and paid directly from the account to the person to whom the expenses are due.

(2) A fiduciary organization shall permit a participant to withdraw money deposited by the participant when it is needed to deal with a personal emergency of the participant or a member of the participant's family or household. Withdrawal shall result in the loss of any matching funds in an amount equal to the amount of the withdrawal.

(3) Regardless of the reason of the withdrawal, a withdrawal from an IDA shall be made only with the approval of the fiduciary organization.

(E) What IDA reports shall be submitted?

When the county agency establishes an IDA account(s) the fiduciary organization is to collect and maintain information regarding the IDA program pursuant to the provisions of section 329.12 of the Revised Code. The fiduciary organization is to report account information to the county agency on the JFS 05101, "Individual Development Account Report."

Last updated January 2, 2024 at 8:28 AM

Supplemental Information

Authorized By: 5101.971
Amplifies: 329.11, 329.12, 329.13, 329.14
Five Year Review Date: 1/1/2029
Prior Effective Dates: 11/1/2013

Rule 5101:1-3-20 | Ohio works first: domestic violence- information, screening, referral and waiver of eligibility requirements.

• Effective: April 1, 2026
• Promulgated Under: 119.03

Each applicant for and recipient of Ohio works first (OWF) shall receive information, screening, referral and waiver of certain OWF eligibility requirements when the individual has been subjected to domestic violence. This rule complies with sections 5107.71 to 5107.717 of the Revised Code.

(A) What is the definition of domestic violence?

"Domestic violence" means being subjected to any of the following:

(1) Physical acts that resulted in, or threatened to result in, physical injury to the individual;

(2) Sexual abuse;

(3) Sexual activity involving a dependent child;

(4) Being forced as the caretaker relative of a dependent child to engage in nonconsensual sexual acts or activities;

(5) Threats of, or attempts at, physical or sexual abuse;

(6) Mental abuse (including emotional harm);

(7) Neglect or deprivation of medical care.

(B) What are the responsibilities of the county agency?

The county agency shall be aware and recognize the signs of domestic violence and develop a process for addressing the domestic violence. The county agency shall:

(1) Inform all applicants for OWF that waivers of OWF eligibility requirements are available for victims of domestic violence;

(2) Screen all applicants for domestic violence as provided in this rule;

(3) Refer all individuals who respond affirmatively to any screening question to counseling and supportive services;

(4) When the county agency determines that the individual has been subjected to domestic violence and requiring compliance with the OWF eligibility requirement(s) would make it more difficult for the individual to escape the domestic violence, identify and waive the OWF eligibility requirements;

(5) Report information regarding domestic violence waivers to the Ohio department of job and family services (ODJFS) for statistical and federal reporting purposes;

(6) Provide information about local supportive services or programs when requested.

(C) What screening is required and when must individuals be screened?

Each county agency shall screen for domestic violence. Screening is an ongoing process and shall be conducted at several different intervals including the following:

(1) Comprehensive assessment

At each comprehensive assessment conducted in accordance with rule 5101:1-3-11 of the Administrative Code. The county agency shall use the screening questions developed by ODJFS that are in the Ohio benefits integrated eligibility system. The county agency must maintain confidentiality. Except as provided in paragraph (B)(5) of this rule, the county agency shall maintain and protect the confidentiality of the information about an individual who has been subjected to domestic violence.

(2) OWF time limits

Each time an individual requests or applies for an extension beyond the thirty-six month time limit for receipt of cash assistance due to a state hardship or good cause condition; and each time an individual requests or applies for an extension beyond the federal sixty-month limit for receipt of cash assistance due to a federal hardship condition, as described in section 5107.18 of the Revised Code, and rule 5101:1-23-01 of the Administrative Code.

(3) Cooperation with child support (IV-D)

When an individual claims good cause for refusal to cooperate in establishing paternity and securing support, that information is sent to the county child support enforcement agency (CSEA) for a determination of good cause. This information will be transmitted to the CSEA via the JFS 07092, "Notice to Individuals Applying for or Participating in Ohio Works First (OWF) Regarding Cooperation with the Child Support Enforcement Agency (CSEA)."

(4) Good cause for failure to comply with selfsufficiency contract (SSC)

Each time the county agency reviews whether an individual has good cause for a failure to comply with the SSC required by rule 5101:1-3-11 of the Administrative Code.

(5) Other

At any other time the county agency determines that a review of the family's circumstances and continued eligibility for OWF should be completed.

(D) When must a county agency make a referral?

The county agency shall refer an individual for counseling and supportive services when that individual responds affirmatively to any screening question asked at any of the intervals listed in paragraph (C) of this rule. The county agency shall also refer an individual for counseling and supportive services when the county agency otherwise becomes aware that the individual is, or is at risk of becoming, a victim of domestic violence.

The individual may decline the referral for counseling and supportive services at the point of referral or may stop counseling or refuse supportive services at any time.

(E) When shall a county agency grant a waiver?

When a county agency determines that the individual has been subjected to domestic violence and requiring compliance with the requirement would make it more difficult for the individual to escape domestic violence or unfairly penalize the individual, the county agency shall waive the requirement and exempt the individual from that requirement.

The county agency shall collect supporting documentation including the following:

(1) Where available, records from any of the following sources:

(a) Police, courts and other governmental entities;

(b) Shelters and legal, religious, medical and other professionals from whom the individual sought assistance in dealing with domestic violence;

(c) Other persons with knowledge of the domestic violence.

(2) In the absence of any of the above documentation, the individual's allegation of domestic violence, as identified by the individual requesting the waiver on the JFS 03803, "Ohio Works First (OWF) : Domestic Violence Waiver Request and Verification ," unless the county agency has an independent, reasonable basis to find that the individual's allegation is not credible.

(F) What OWF eligibility requirements can be waived?

(1) Mandatory participation in a work activity.

An individual may be assigned to and engaged in an activity; however the individual cannot be sanctioned for failure to comply with any activities outlined in the individual's SSC.

(2) Cooperation with child support in establishing paternity and support.

Waiver of cooperation with child support is determined by the CSEA pursuant to rule 5101:12-10-32 of the Administrative Code.

(3) OWF thirty-six month time limit for receipt of OWF cash assistance.

Extensions beyond the thirty-six month time limit, as described in rule 5101:1-23-01 of the Administrative Code, due to a domestic violence waiver will not count in the determination of the county twenty per cent limit for hardship extensions, as described in rule 5101:1-23-01.1 of the Administrative Code.

(G) What OWF eligibility requirements may be waived at the county option depending upon the individual's or family's circumstances?

(1) Verification of income.

The requirement to verify income as described in rules 5101:1-2-20 and 5101:1-23-20 of the Administrative Code may be waived. However, in the absence of verification, the county agency is to document in the case record that verification was unavailable, and that the income that was used to determine eligibility was based on the individual's signed statement.

(2) Penalty for quitting a job without just cause.

The penalty for quitting a job as described in section 5107.26 of the Revised Code, and rule 5101:1-3-14 of the Administrative Code may be waived.

(H) How long does a waiver last?

The county agency is to review the individual's continued eligibility for the waiver of OWF eligibility requirements described in this rule. There is no limit on the number of times (or length of time) that a waiver can be extended. The county agency is to review the necessity for a waiver at least once every six months. The county agency may at its option, review the individual's continued eligibility for a waiver more frequently than every six months. However, the length of time for a waiver of cooperation with child support granted under the provisions contained in paragraph (F)(2) of this rule, and rule 5101:12-10-32 of the Administrative Code, is determined and is to be governed by the CSEA.

(I) How are individuals told about a county agency decision on a waiver?

The county agency is to issue written prior notice, in accordance with division 5101:6 of the Administrative Code, of its decision approving or denying waiver of the OWF eligibility requirement. The individual may appeal the county agency's determination pursuant to section 5101.35 of the Revised Code.

(1) The individual may decline a waiver that would otherwise be approved under paragraphs (F) and (G) of this rule.

(2) The individual may also accept a waiver of eligibility requirements, but may terminate the waiver at any time.

(J) What are the responsibilities of ODJFS?

The ODJFS will monitor county agency implementation and compliance regarding the provisions described in this rule.

(K) What are the reporting responsibilities of the county agency?

The county agency is to provide information to ODJFS about each individual to whom a waiver is granted under the provisions described in this rule for federal reporting and statistical analysis purposes only.

Last updated April 1, 2026 at 7:47 AM

Supplemental Information

Authorized By: 5107.05
Amplifies: 5107.02, 5107.71, 5107.711, 5107.712, 5107.713, 5107.714, 5107.715, 5107.716, 5107.717
Five Year Review Date: 6/1/2027
Prior Effective Dates: 6/1/2022