This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and
universities.
| Rule |
Rule 5101:1-3-01 | Ohio works first: federal work participation rates.
Effective:
October 1, 2023
(A) Which section of the Revised Code
applies to federal work participation rates? (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 will administer the
work activity programs in accordance with the requirements contained in this
rule and not in accordance with sections 5107.40, 5107.42 and 5107.44 of the
Revised Code. (B) What are the federal work
participation rates? (1) Each federal fiscal
year each county agency must achieve the minimum federal work participation
rates pursuant to 45 C.F.R. 261.21 (2/2008) and 45 C.F.R. 261.23 (2/2008). The
minimum federal work participation rates are ninety per cent for two-parent
assistance groups and fifty per cent for all- family assistance
groups. (2) For purposes of
calculating federal work participation rates, the definitions described in this
rule are applicable. In order to meet the definitions of two-parent assistance
groups or all-family assistance groups as described in paragraphs (C) and (D)
of this rule, the work-eligible individuals shall be included in the assistance
group. Learning, earning and parenting (LEAP) participation by a minor head of
household, as defined in section 5107.02 of the Revised Code and rule
5101:1-1-01 of the Administrative Code, is included in the two-parent or the
all-family assistance group definitions for federal work participation
calculation purposes. (C) What is a two-parent assistance
group? (1) Definition A two-parent assistance group includes at least
one minor child and two natural or adoptive parents of the same minor child who
are work-eligible individuals and living in the home. This includes a
two-parent assistance group that is deemed to include a minor child when the
only minor child is in receipt of supplemental security income (SSI) benefits,
or is a child for whom federal, state, or local adoption assistance, foster
care maintenance payments, kinship support payments as described in rule
5101:2-42-18.2 of the Administrative Code, or federal or state kinship
guardianship assistance program (KGAP) payments as described in rules
5101:2-56-02 and 5101:2-55-03 of the Administrative Code are made. (2) Exception When an assistance group contains two
work-eligible parents of the same minor child, and one of the parents is
disabled, the assistance group shall be excluded from the two-parent work
participation requirements. Disability of a parent shall be deemed to exist
when at least one parent has a physical or mental illness or impairment. The
disability shall be supported by competent medical documentation and must be of
such a debilitating nature as to reduce substantially or eliminate the
parent's ability to work. The disability must be expected to last for a
period of at least thirty days. A finding of eligibility for retirement,
survivor's, and disability insurance (RSDI) or SSI benefits based on
disability or blindness is acceptable proof of a disability for OWF
purposes. (D) What are all-family assistance
groups? All-family assistance groups include two-parent
assistance groups as defined in paragraph (C) of this rule, and assistance
groups described in paragraphs (D)(1) to (D)(6) of this rule. (1) An assistance group
containing a minor child and a work-eligible individual. (2) An assistance group
containing a minor child and a specified relative in need as described in rule
5101:1-23-10 of the Administrative Code. (3) An assistance group
as identified in paragraph (C)(2) of this rule shall be included in the
all-family assistance group definitions. (4) An assistance group
containing only a pregnant woman. (5) 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 5101:2-42-18.2 of the Administrative Code, or
federal or state kinship guardianship assistance program (KGAP) payments as
described in rules 5101:2-56-02 and 5101:2-55-03 of the Administrative Code are
made, the assistance group is deemed to include that minor child for purposes
of determining eligibility to participate in OWF. (6) An assistance group
containing a minor child, a work-eligible individual and a parent who is a
recipient of SSI benefits. (E) What are child-only assistance
groups? Child-only assistance groups are excluded from
the federal work participation rate calculation. A child-only assistance group
is an assistance group containing a minor child residing with a parent, legal
guardian, legal custodian, or other specified relative whose needs are not
included in the assistance group and who does not meet the definition of a
work-eligible individual pursuant to paragraph (B) of rule 5101:1-3-12 of the
Administrative Code. 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. (F) What are countable federal work
activities? Activities in paragraph (F)(1) of this rule are
core activities and will meet all the hours of participation for the federal
work participation rate. Non-core activities in paragraph (F)(2) of this rule
will meet the hours of participation for the federal work participation rate
only after the required hours of participation have been completed in a core
activity. (1) The following are the core work
activities: (a) Unsubsidized employment; (b) Subsidized private sector employment; (c) Subsidized public sector employment; (d) Work experience program (WEP); (e) On-the-job training (OJT); (f) Job search and job readiness assistance; (g) Community service; (h) Vocational educational training; and (i) Providing child care services to an individual who is
participating in a community service program. (2) The following are the non-core work
activities: (a) Job skills training directly related to
employment; (b) 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; and (c) 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. (G) What are the federal work participation requirements
? For purposes of meeting the federal work
participation rates: (1) The work-eligible individuals in two
parent assistance groups containing at least two work-eligible individuals and
not receiving federally funded child care shall participate at least an average
total of thirty-five hours per week (one hundred fifty-two hours monthly),
thirty hours of which shall be in a core activity. (2) The work-eligible individuals in
two-parent assistance groups containing at least two work-eligible individuals
and an adult in the family is not disabled or is not caring for a child with a
disability and receiving federally funded child care shall participate at least
an average total of fifty-five hours per week (two hundred thirty-eight hours
monthly), fifty hours of which shall be in a core activity. (3) The work-eligible individuals in all
family assistance groups shall participate at least an average total of thirty
hours per week (one hundred thirty hours monthly), twenty hours of which shall
be in a core activity. (4) A work-eligible individual who is the
single custodial parent or specified relative of a child under six years of age
meets the federal work participation rate by participating at least an average
total of twenty hours per week in core activities (eighty-seven hours
monthly). (5) In order to meet the federal work
participation rate at least one of the parents in a two-parent assistance group
shall participate sufficient hours to meet the all-family rate as described in
paragraph (G)(3) of this rule. (6) Single custodial
parent disregarded. For any fiscal year, a county agency may, at
its option, not require a work-eligible individual who is a single custodial
parent caring for a child under the age of twelve months to engage in work
activities, and may disregard such an individual in determining the
participation rates as described in paragraph (B) of this rule. For purposes of
the federal work participation rate, this disregard can only be applied to the
work eligible individual for not more than a total of twelve months, even if
the single custodial parent continues to care for a child under the age of
twelve months. (H) When are federal work participation 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 required 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 federal work requirements specified in paragraph
(G)(2) of this rule are met when both meet the conditions of paragraph
(H)(1)(a) or (H)(1)(b) of this rule.
Last updated October 2, 2023 at 8:22 AM
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Rule 5101:1-3-02 | Ohio works first: school attendance.
Effective:
February 1, 2021
(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 paragraph (E) of 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
assessment, the county agency shall work with the assistance group 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 assistance group's self-sufficiency
contract 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 self-sufficiency contract or IOP, unless
that child is a minor head of household, as defined in section 5107.02 of the
Revised Code.
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Rule 5101:1-3-03 | Ohio works first: residence and living arrangement requirement.
(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
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Rule 5101:1-3-04 | Ohio works first: temporary absence.
Effective:
November 1, 2020
(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 no good cause exists; 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.
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Rule 5101:1-3-04.1 | Ohio works first: shared parenting (joint custody).
Effective:
November 1, 2020
(A) Is there eligibility 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.) (3) The provisions
described in this rule shall be used by the county agency in determining
eligibility for a dependent child in a shared parenting
arrangement. (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 running record comments in the statewide automated
eligibility system.
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Rule 5101:1-3-07 | Ohio works first: evidence of age, citizenship, and identity.
Effective:
February 1, 2022
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
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Rule 5101:1-3-09 | Ohio works first: social security number requirement.
Effective:
February 1, 2022
(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
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Rule 5101:1-3-10 | Ohio works first: child support requirement.
Effective:
November 1, 2023
(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
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Rule 5101:1-3-11 | Ohio works first (OWF): appraisals, assessments, and self sufficiency contract.
(A) Which rules and definitions apply for
appraisals, assessments and self sufficency contracts? (1) 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, 5107.14, 5107.41,
5107.70 and 5107.16 of the Revised Code. (2) All applicable requirements contained
in the Revised Code sections referenced in paragraph (A)(1) of this rule have
been incorporated into this rule. (3) In accordance with paragraph (GG) of
rule 5101:1-1-01 of the Administrative Code: (a) The terms "appraisal" and "assessment"
shall be read to include a comprehensive assessment conducted in accordance
with division 5101:14 of the Administrative Code for work eligible individuals
between the ages of fourteen and twenty-four years of age; and (b) The terms "self sufficiency contract" and
"self sufficiency contract and plan" shall be read to include an
individual opportunity plan developed in accordance with division 5101:14 of
the Administrative Code for work eligible individuals between the ages of
fourteen and twenty-four years of age. (B) When should an appraisal be
conducted? (1) An appraisal shall be
conducted as soon as possible after an assistance group submits an application
to participate in Ohio works first (OWF). The county agency that receives the
application shall schedule and conduct an appraisal of each work eligible
individual and each member of the assistance group who is an adult or minor
head of household as defined in rule 5101:1-3-01 of the Administrative Code. A
minor head of household who is subject to the learning, earning, and parenting
(LEAP) program shall be assessed pursuant to rule 5101:1-23-50 of the
Administrative Code. (2) The county agency
shall conduct more appraisals at times the county agency
determines. (C) What is included in an appraisal? (1) An appraisal may
include evaluation of the employment, educational, physiological, and
psychological abilities or liabilities, or both, of the work eligible
individual, adult or minor head of household. (2) An appraisal shall include screening
for domestic violence, as set forth in rule 5101:1-3-20 of the Administrative
Code. (3) At the appraisal, the
county agency shall develop with the adult, minor head of household or work
eligible individual a plan for the assistance group 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. (a) The plan developed for the work eligible individuals shall
include assignments to one or more work activities or alternative activities.
The county agency shall include the plan in the self sufficiency contract as
set forth in paragraph (F) of this rule. (b) When the adult, minor head of household or work eligible
individual claims to have a medically determinable physiological or
psychological impairment, illness, or disability, the county agency may require
the adult, minor head of household or work eligible individual undergo an
independent medical or psychological examination at a time and place reasonably
convenient to the work eligible individual. (4) As part of the appraisal, when a work
eligible individual discloses, has, or appears to have a physical or mental
condition that substantially limits one or more major life activities, the
county agency shall offer additional screening to the individual consistent
with the requirements of rule 5101:9-2-02 of the Administrative Code and the
Americans with Disabilities Act (ADA) (1990) plan adopted by the county agency
in accordance with rule 5101:9-2-02 of the Administrative Code. When additional
screening indicates the presence of a disability, the plan for self-sufficiency
made in accordance with this paragraph, shall be consistent with the county
agency's ADA plan. (D) When should an assessment be
completed? An assessment may be completed by the county
agency, at times it determines, for assistance groups participating in
OWF. (E) What should an assessment include? (1) An assessment is
conducted to determine whether any work eligible individuals or members of the
assistance group are in need of other assistance or services provided by the
county agency or other private or government entities. Assessments may include
the following: (a) Whether any member of the assistance group or work eligible
individual has a substance abuse problem; or (b) Whether there are any other circumstances that may limit the
employability of an assistance group member or work eligible
individual. (2) At the first
assessment, the county agency shall inquire as to whether any member of an
assistance group is the victim of domestic violence, including child abuse. The
county agency shall provide this information to the Ohio department of job and
family services (ODJFS) who will maintain the information for statistical
analysis purposes. (3) The county agency may
refer an assistance group member to a private or government entity that
provides assistance or services the county agency determines the member needs.
The entity may be a public children services agency (PCSA), chapter of
alcoholics anonymous, narcotics anonymous, cocaine anonymous, or any other
entity the county agency considers appropriate. (F) What is the self sufficiency contract? (1) The self sufficiency
contract sets forth the rights and responsibilities of work eligible
individuals and members of the assistance group as applicants and participants
of OWF. The contract is designed to help the assistance group in achieving self
sufficiency and personal responsibility. (2) The contract includes
work activity assignments and child support requirements including cooperation
in the establishment of a minor child's paternity and the establishment,
modification and enforcement of a support order for the minor child in
accordance with section 5107.22 of the Revised Code. (3) The self sufficiency
contract is part of the OWF eligibility process and must be completed before
OWF benefits can be authorized. (4) The county agency shall provide
without charge a copy of the contract to each work eligible individual or
assistance group member who signs a contract. (G) What shall be included in the self sufficiency
contract? (1) Each self sufficiency
contract shall include, based on appraisals and assessments conducted pursuant
to paragraphs (C) and (E) of this rule, the following: (a) 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. (b) For each work eligible individual, work activities and
alternative activities assigned pursuant to rule 5101:1-3-12 of the
Administrative Code. (c) The responsibility of a 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. (d) Other responsibilities that members of the assistance group
must satisfy to participate in OWF and the consequences for failure or refusal
to satisfy the responsibilities. (e) 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. (f) Assistance and services the county agency will provide to the
assistance group and work eligible individuals. (g) 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. (h) Other provisions designed to help the assistance group
achieve self sufficiency and personal responsibility. (i) Procedures for assessing whether responsibilities are being
satisfied and whether the contract should be amended. (j) Procedures for amending the contract. (k) The good cause reasons for missing hours of participation or
appointments as defined in rule 5101:1-3-13 of the Administrative
Code. (l) An explanation of the individual's rights under the ADA,
including the right to request another appraisal when the individual discloses,
has, or appears to have a physical or mental condition that substantially
limits one or more major life activities. (m) A description of each reasonable modification made for an
individual with a disability. (2) No self sufficiency
contract shall include the learning, earning and parenting program (LEAP)
requirements. (3) The county agency may
use the JFS 03801 "Ohio Works First Self Sufficiency Contract" or
develop its own self sufficiency contract and plan provided all of the elements
identified in paragraph (G) of this rule are included. (H) Who shall sign the self sufficiency contract? (1) In accordance with
paragraph (B)(2)(a) of rule 5101:1-2-01 of the Administrative Code, each work
eligible individual, minor head of household and adult member of the assistance
group, shall enter into a written self sufficiency contract with the county
agency prior to approval of OWF benefits. (2) Each work eligible
individual, minor head of household, and adult member of the assistance group
must sign an amendment any time the self sufficiency contract is
revised. (3) A minor head of household who
participates in LEAP pursuant to rule 5101:1-23-50 of the Administrative Code
is required to complete a self sufficiency contract but is not subject to the
work participation requirements unless the minor head of household fails to
attend an assessment, fails to enroll in school or withdraws from
school. (I) What are the consequences when a self sufficiency contract is
not signed or a provision of the contract is not met? (1) Work eligible
individuals, minor heads of household, and adult members of the assistance
group who fail or refuse, without good cause, to sign the self sufficiency
contract shall have OWF benefits denied or terminated. (2) When a work eligible
individual, 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
self sufficiency contract the county agency shall sanction the assistance group
pursuant to rule 5101:1-3-15 of the Administrative Code. (J) What is the comprehensive case
management and employment program (CCMEP)? In accordance with section 5116.10 of the Revised
Code and paragraph (B)(2) of rule 5101:1-2-01 of the Administrative Code, each
work eligible individual between the ages of fourteen and twenty-four shall
participate in CCMEP as a condition of participating in OWF. Therefore, 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 appraisal and self sufficiency
contract required pursuant to this rule. (1) As part of the
referral process, the county agency shall provide the lead agency with at least
the following information: (a) The number of required hours expected to be assigned in
accordance with rule 5101:1-3-12 of the Administrative Code; and (b) The number of months a work eligible individual 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 of the requirements of a signed self sufficiency contract and plan
developed in accordance with this rule. (a) A failure or refusal to comply with a provision of an
individual opportunity plan without good cause shall result in a sanction of
the assistance group member pursuant to rule 5101:1-3-15 of the Administrative
Code. (b) The lead agency shall 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 shall be solely responsible for determining a compliance
activity consistent with the provisions of paragraph (H) of rule 5101:1-3-15 of
the Administrative Code.
Last updated September 24, 2024 at 11:22 AM
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Rule 5101:1-3-12 | Ohio works first: work activities.
(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 and not in accordance with 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? (1) A work eligible
individual 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. (2) Disability shall be
deemed to exist when there is a physical or mental illness or impairment. The
disability shall be supported by competent medical documentation and must be of
such a debilitating nature as to reduce substantially or eliminate the
individual's ability to work. The disability must be expected to last for
a period of at least thirty days. (C) What are the required hours of work
participation? (1) All work eligible
individuals shall be assigned to one or more work activities or alternative
activities, and participate at least the following number of hours except as
provided in paragraphs (C)(2) to (C)(4) of this rule: (a) In an assistance group that includes only one work eligible
individual, at least an average weekly amount of thirty hours. (b) In an assistance group that includes two work eligible
individuals and receiving no federally funded child care, at least an average
total weekly amount of thirty-five hours for the two work eligible
individuals. (c) In an assistance group that includes two work eligible
individuals and is receiving federally funded child care, at least an average
total weekly amount of fifty-five hours for the two work eligible
individuals. (d) In an assistance group that includes two work eligible
individuals where one parent is disabled as described in rule 5101:1-3-01 of
the Administrative Code, at least an average total weekly amount of thirty
hours. (e) In an assistance group that includes a work eligible
individual 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) When a county agency determines that an assignment to a work
activity is not appropriate for an assistance group that includes a single
custodial parent with a minor child under twelve months of age: (i) A failure to meet the
work participation rate by the work eligible individual is disregarded from the
federal work participation rate for no more than twelve months in the work
eligible individual's lifetime; and (ii) The county agency
may assign the work eligible individual to one or more alternative activities
for a number of hours a week determined by the county agency. (g) A recipient who is married or a head of household and has not
attained twenty years of age is deemed to be engaged in work for a month in a
fiscal year when the recipient: (i) Maintains
satisfactory attendance at secondary school or the equivalent during the month;
or (ii) Participates in
education directly related to employment for an average of at least twenty
hours per week during the month. (2) There are circumstances when the
county agency may reduce a work eligible individual'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 appraisal or assessment
shall be used to determine when it is appropriate to assign a reduced number of
hours. (a) In accordance with rule 5101:9-2-02 of the Administrative
Code, a reduction in the hours of participation may be a reasonable
modification for an individual that discloses, has, or appears to have a
physical or mental condition that substantially limits one or more major life
activities. (b) 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 shall act in accordance with rule 5101:9-2-02 of
the Administrative Code and the Americans with Disabilities Act (ADA) plan
adopted by the county agency in accordance with rule 5101:9-2-02 of the
Administrative Code. (3) After a work eligible
individual is assigned to a work activity or alternative activity a county
agency shall place the work eligible individual in the assigned activity as
soon as the activity becomes available. Until the activity is available, a
county agency shall assign a work eligible individual 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 work eligible
individual has a temporary or permanent barrier to participation in a work
activity, it may assign a work eligible individual 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 work eligible
individuals who may be assigned to alternative activities. (7) A county agency may
reassign a work eligible individual 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. (D) Can a work eligible individual
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. (E) What ten holidays may be counted
towards work participation? (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 work eligible individual shall
have been scheduled to participate on that day but for the
holiday. (F) What occurs when a work eligible
individual 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. (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 work eligible individual 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. (G) 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) Work eligible
individuals shall be supervised by one of the following: (a) The employer; (b) The work supervisor; or (c) Other responsible third party. (H) 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. (I) 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. (J) How are the work assignments affected
by the Fair Labor Standards Act (5/2011) (FLSA)? (1) Work eligible
individuals assigned to the work experience program (WEP) and community service
activities are subject to FLSA requirements contained in 29 U.S.C. 201
(5/2007). (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 food assistance
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 (J)(4)(a) of this
rule. (c) The net amount in paragraph (J)(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 core hour requirement as
described in rule 5101:1-3-01 of the Administrative Code one of the following
shall occur, except as provided in paragraph (C)(4) of this rule: (a) The work eligible individual can make up the remainder of the
core hours in a core activity not subject to FLSA; or (b) The county agency can deem the remainder of the core hours to
have been met. (8) When core hours are
deemed for a work eligible individual, as allowed in paragraph (J)(7)(b) of
this rule, any remaining hours assigned can only be completed in a non-core
activity. (K) What other requirements pertain to
OWF work activities? (1) No work eligible
individual 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 work
eligible individual 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 work eligible individual 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 work eligible
individual violates the provisions described in paragraph (K)(1) of this
rule. (4) Except for a work
eligible individual 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 work eligible individual in a work activity or alternative
activity does not constitute remuneration for the purpose of Chapter 124.,
144., or 145. of the Revised Code and services performed by the work eligible
individual 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 work
eligible individuals provided such applicants and work eligible individuals
qualify for the administrative and supervisory positions to be filled. An
applicant or work eligible individual shall be eligible for first consideration
only within the county that the applicant applies for OWF or a work eligible
individual 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
work eligible individual pursuant to this rule or its supplemental rules shall
be consistent with rule 5101:9-2-02 of the Administrative Code and the ADA plan
adopted by the county agency.
Last updated September 24, 2024 at 11:22 AM
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Rule 5101:1-3-12.1 | Unsubsidized employment.
Effective:
August 1, 2022
(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 September 24, 2024 at 11:22 AM
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Rule 5101:1-3-12.2 | Subsidized public and private employment.
Effective:
November 1, 2022
(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 September 24, 2024 at 11:22 AM
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Rule 5101:1-3-12.3 | Work experience program.
Effective:
October 1, 2023
(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 September 24, 2024 at 11:22 AM
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Rule 5101:1-3-12.4 | On-the-job training.
(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 September 24, 2024 at 11:22 AM
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Rule 5101:1-3-12.5 | Job search and job readiness assistance.
Effective:
September 5, 2019
(A) Conflict with Revised
Code (1) Section (5) of
Amended Substitute Senate Bill 238 of the 126th General Assembly (09/06) sets
forth the following provision: Not later than September 30, 2006, the director
of job and family services shall adopt rules as necessary for the state to
comply with 42 U.S.C. 607(i)(2) (08/96). If necessary to bring the state into
compliance with 42 U.S.C. 607(i)(2) (08/96), the rules may deviate from Chapter
5107. of the Revised Code. Rules adopted under this section that govern
financial and other administrative requirements applicable to the department of
job and family services and county departments of job and family services shall
be adopted in accordance with section 111.15 of the Revised Code as if they
were internal management rules. All other rules adopted under this section
shall be adopted in accordance with Chapter 119. of the Revised
Code. (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 5107.50
of the Revised Code. (3) All applicable
requirements contained in the Revised Code sections referenced in paragraph
(A)(2) of this rule have been incorporated in this rule. (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 shall 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 shall 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 September 24, 2024 at 11:22 AM
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Rule 5101:1-3-12.6 | Community service.
Effective:
October 1, 2023
(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
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 work eligible
individual 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 work eligible individual
to volunteer or work at school as a classroom aide. If that is impossible or
impractical, the contract may provide for the work eligible individual 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 work eligible
individuals who are volunteering or working in schools. (5) Notwithstanding
section 3319.088 of the Revised Code, a work eligible individual volunteering
or working as a classroom aide under this rule is not required to obtain an
educational aide permit or paraprofessional license. The work eligible
individual 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 (05/2007) (FLSA)? Hours assigned to community service shall be in
compliance with the FLSA requirements set forth in paragraph (J) of rule
5101:1-3-12 of the Administrative Code. (F) Who is responsible for workers compensation
premiums? A work eligible individual 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 work eligible individual unless a county agency pays the
premiums for the entity.
Last updated September 24, 2024 at 11:22 AM
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Rule 5101:1-3-12.7 | Vocational educational training.
Effective:
November 1, 2022
(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 September 24, 2024 at 11:22 AM
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Rule 5101:1-3-12.8 | Providing child care services to an individual who is participating in a community service program.
(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 September 24, 2024 at 11:22 AM
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Rule 5101:1-3-12.9 | Job skills training directly related to employment.
Effective:
August 1, 2022
(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 September 24, 2024 at 11:22 AM
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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.
(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 and not in accordance with 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 appraisal or 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 September 24, 2024 at 11:22 AM
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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
(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 September 24, 2024 at 11:22 AM
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Rule 5101:1-3-12.12 | Alternative activities.
Effective:
November 1, 2022
(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 and not in accordance with 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. (2) The county agency
shall establish and administer alternative activities for work eligible
individuals participating in Ohio works first (OWF). In establishing
alternative activities, the county agency is not limited by the restrictions
imposed by Title IV-A. (3) Acceptable types of
alternative activities include, but are not limited to: (a) Parenting classes 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; and (e) Attending English as a second language course. (4) What hours may count
toward work participation? (a) Hours of participation that individuals complete in
alternative activities do not count toward the federal work participation
rate. (b) There is no minimum number of hours required for
participation in alternative activities. (c) There are no limitations as to the number of work eligible
individuals who may be assigned to alternative activities.
Last updated September 24, 2024 at 11:22 AM
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Rule 5101:1-3-13 | Ohio works first: good cause for work activity failures.
(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
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Rule 5101:1-3-14 | Ohio works first: penalties.
Effective:
February 1, 2022
(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 and not in accordance with 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.
The individual who is under penalty remains a work eligible individual 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 self sufficiency contract or
individual opportunity plan by a work eligible individual as set forth in rule
5101:1-3-11 of the Administrative Code. (b) Failure without good cause to attend an appraisal or
assessment interview, or complete an appraisal or assessment, by a work
eligible individual required to do so in accordance with paragraph (B)(2) of
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 who is not exempt from learning, earning and
parenting (LEAP) participation as provided in rule 5101:1-23-50 of the
Administrative Code, 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. An
individual who is fleeing to avoid prosecution or custody for a crime, or an
attempt to commit a crime, that would be classified as a felony (or in the
state of New Jersey, a high misdemeanor) 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 CDJFS 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 CDJFS 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 work eligible individual 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 September 24, 2024 at 11:22 AM
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Rule 5101:1-3-15 | Ohio works first: three-tier sanctions.
Effective:
January 1, 2024
(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
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Rule 5101:1-3-15.1 | Transition of Ohio works first sanctioned assistance groups and compliance.
Effective:
September 1, 2023
(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
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Rule 5101:1-3-16 | The prevention, retention, and contingency employer subsidy.
Effective:
February 1, 2022
(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
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Rule 5101:1-3-18 | Individual development account program.
Effective:
January 1, 2024
(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
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Rule 5101:1-3-20 | Ohio works first: domestic violence- information, screening, referral and waiver of eligibility requirements.
Effective:
October 1, 2023
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) Appraisal At each appraisal and reappraisal conducted in
accordance with section 5107.41 of the Revised Code, and rule 5101:1-3-11 of
the Administrative Code. The county agency shall use the screening questions
developed by ODJFS that are in the statewide automated eligibility system. The
county agency must maintain confidentiality. Except as provided in paragraph
(G)(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
self-sufficiency contract Each time the county agency reviews whether an
individual has good cause for a failure to comply with the self-sufficiency
contract 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 (D)
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) & Food Assistance: Domestic Violence
Waiver Request and Verification Form," 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) The following OWF eligibility
requirements shall be waived when the requirements described in paragraph (F)
of this rule are met: (a) 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 self-sufficiency
contract. (b) 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. (c) 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. (2) The following OWF eligibility
requirements may be waived at county option depending upon the
individual's or family's circumstances. (a) 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 shall 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. (b) 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. (3) How long does a waiver
last? The county agency shall 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 shall
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 (G)(1)(b) of this rule, and rule 5101:12-10-32 of the
Administrative Code, is determined and shall be governed by the CSEA. (4) How are individuals told about a
county agency decision on a waiver? The county agency shall 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. (a) The individual may decline a waiver that would otherwise be
approved under paragraphs (F) and (G) of this rule. (b) The individual may also accept a waiver of eligibility
requirements, but may terminate the waiver at any time. (5) What reporting responsibilities does
the county agency have? The county agency shall 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. (G) What are the responsibilities of ODJFS? The ODJFS will monitor county agency
implementation and compliance regarding the provisions described in this
rule.
Last updated September 24, 2024 at 11:22 AM
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