This MTL transmits changes with the proposed effective date of March 1, 2002. If there are any changes made to any of the rules contained in this MTL during the JCARR review period, corrected rules will be sent out with the next MTL. This cover letter includes a summary statement of policy changes. Each statement references the clearance control number (CCN) assigned when the policy change was placed in the clearance process.

The "Technical Changes" section of this cover letter provides corrections caused by typographical errors, printing errors, and inadvertent omissions in the PAM. Technical changes do not go through the clearance process.

CHAPTER 3000

Rule 5101:1-23-40 - OWF Payments

This rule is being amended to remove the requirement of the issuance of photo identification cards for OWF and DA recipients. Amended Substitute House Bill 94 of the 124^th General Assembly removed this requirement. Section 329.19 of the Revised Code, allows the CDJFS the option of issuing a card for recipients of any assistance program administered by the CDJFS.

An administrative decision has been made to eliminate the requirement to complete a JFS 07348 (formerly ODHS 7348) when adding an individual to an ongoing OWF assistance group. Paragraph H of this rule is being amended to remove this requirement and to clarify the difference between the date that an individual becomes a required assistance group member and the beginning date of OWF eligibility for that individual. Included in this paragraph is language clarifying the beginning date of OWF for newborns and specified relatives in need who have requested to be included in the OWF assistance group. The JFS 07348 is being obsoleted with the issuance of this MTL. (CCN 4797)

CHAPTER 4000

Rule 5101:1-1-50 - Written Declaration of Citizenship/Alien Status and the Use of the Systematic Alien Verification for Entitlements (SAVE) Program

The Immigration Reform and Control Act (IRCA) of 1986, as amended by the Personal Responsibility and Wok Opportunity Reconciliation Act of 1996 (PRWORA) requires the verification of immigration status of aliens applying for federally funded entitlements. The Ohio Works First (OWF) and Refugee Resettlement Program (RRP) participate in a systematic alien verification documentation program.

This rule is being revised as a result of updated policy received from the U.S. Department of Justice' Immigration and Naturalization Service. Clarification is also being provided to county departments of job and family services (CDJFSs) regarding situations in which secondary verification is necessary.

In preparation for a Medicaid-only manual, policy language is revised to remove references to the Medicaid program.

Paragraph (G) of this rule is being revised to state that regardless of the method of verification used, (primary and/or secondary) the CDJFS shall not delay, deny , reduce, or terminate benefits pending receipt of alien status verification index (ASVI) response. If the alien assistance group appears to be eligible based on available Immigration and Naturalization Service (INS) documentation and all other program eligibility criteria have been met, the CDJFS shall approve and issue benefits in accordance with rule 5101:1-2-10 of the Administrative Code while awaiting a response from the INS. When a response is received from ASVI and material discrepancies exist, the CDJFS shall propose to reduce or terminate benefits in accordance with Chapter 5101:6 of the Administrative Code. An overpayment as a result of inappropriate receipt of benefits shall be determined in accordance with Rule 5101:1-23-70 of the Administrative Code.

In paragraph (H) of this rule, policy language is revised to reflect the procedure for obtaining secondary verification requests. The Document Verification Request (G-845S) and the Document Verification Request Supplement (G-845 Supplement) from INS are included along with procedural instructions. (CCN 4791)

Rule 5101:1-2-40 - Refugee Cash Assistance (RCA) Program

On March 22, 2000, the Department of Health and Human Services" Office of Refugee Resettlement (ORR) issued final regulations for the Refugee Resettlement Program. The final rules amend current requirements governing refugee cash assistance (RCA) and refugee medical assistance (RMA). The changes in the refugee resettlement program involve State options in designing refugee cash assistance for those refugees ineligible for Temporary Assistance for Needy families (TANF) or Supplemental Security Income (SSI).

A decision was made by the State of Ohio in cooperation with the Ohio Refugee and Immigrant Advisory Council (ORIAC) to align RCA with appropriate TANF regulations in regard to determination of eligibility, treatment of income and resources, benefit levels, and budgeting methods.

Because of separate eligibility determinations for refugee cash assistance and for refugee medical assistance, an administrative decision has been made to separate the two programs. RCA will be aligned with Ohio Works First (OWF), while the RMA program will be aligned with the modifications elected by the State of Ohio under Section 1931 (b)(2) of the Social Security Act (SSA). This is in keeping with the amendments made by section 114 of the (PRWORA) to Section 1931 of the SSA. RMA policy will be issued under separate cover.

This rule contains the policy and procedure for the refugee cash assistance program. County departments of job and family services (CDJFSs) in cooperation with appropriate agencies who provide employment services shall follow the procedures as outlined within this policy. Enclosed is a copy of the Ohio Department of Job and Family Services (DJFS) 7349, "Refugee Employment Registration and Case Management Referral" which shall be used to provide employability and social service information at the CDJFS and appropriate agencies providing employability services and refugee social services. The ODJFS 7446, "Work Registration" form will no longer be used for the RCA program. (CCN 4793)

Rule 5101:1-2-85 - New Hire Reporting Program (W-4)

Senate Bill 180 of the 124^th General Assembly repealed Ohio Revised Code Section 5101.312, that had contained the requirements for the New Hire Reporting Program. With the passage of Senate Bill 180, these requirements have been moved to Revised Code Sections 3121.89 to 3121.8911. Rule 5101:1-2-85 has been amended to correct the Revised Code section. (CCN 4767)

Appendix to Chapter 4000

Instructions for the completion of the forms used in the SAVE program are included.

In order to access refugee cash assistance program benefits, individuals must provide acceptable Immigration and Naturalization Service (INS) documentation. Included as part of the appendix to this chapter, are policy guidance charts provided by the Office of Refugee Resettlement to assist CDJFS in determining proof of immigration status.

CHAPTER 8000

Rule 5101:1-2-30 - Citizenship

This rule is being revised to reference the citizenship, qualified alien status, and exception status requirements for receipt of benefits and services in public assistance programs. An individual must be a citizen of the United States, a qualified alien or meet the exception statuses as delineated in this rule to be eligible for the Ohio Works First (OWF) and Disability Assistance (DA) programs.

In preparation for a Medicaid-only manual, policy language is revised to remove references to the Medicaid program.

In paragraph (B)(12), policy language has been included to define victims of severe forms of trafficking. These individuals are potentially eligible to receive benefits and services to the same extent as an alien admitted to the United States as a refugee under Section 207 of the Immigration and Nationality Act.

Policy language has been revised in paragraph (D)(3)(e)and (D)(3)(f) to clarify eligibility for benefits and services under the OWF and DA programs for a spouse and unmarried dependent child of a veteran or active duty service personnel who lawfully reside in Ohio; and the same program eligibility for a surviving spouse of a deceased veteran or individual on active duty. (CCN 4806)

Rule 5101:1-2-30.1 - Victims of Trafficking Program

The Trafficking Victims Protection Act of 2000, Pub. L. No. 106-386, Division A, 114 Stat. 1464 (2000), makes victims of severe forms of trafficking eligible for benefits and services to the same extent as an alien who is admitted to the United States as a refugee under Section 207 of the Immigration and Nationality Act (INA). Adult victims of severe forms of trafficking must be certified by the U.S. Department of Health and Human Services (HHS). Children under the age of 18 who are victims of severe forms of trafficking are also eligible for benefits and services to the same extent as refugees, but do not need to be certified.

HHS' Office of Refugee Resettlement (ORR) will make certification determinations and issue letters of certification for adult victims of severe forms of trafficking. ORR will issue letters, similar to the adult certification letters, for children under 18 years of age, when it has been determined that the child is a victim of a severe form of trafficking. Only the ORR certification letter or letter for children may be accepted as proof of certification.

The attached rule has been created to provide policy language and procedure for county departments of human services (CDJFs) to follow when determining eligibility for victims of severe forms of trafficking. The CDJFS shall follow the regular procedures for refugees and treat the victim of a severe form of trafficking the same as a refugee. However, instead of requiring Immigration and Naturalization Service (INS) documentation, such as the I-94 Arrival/Departure Card, a certification letter or letter for children shall be accepted as proof of status that confers eligibility for benefits. This policy was originally issued via Action Change Transmittal (ACT) 212. (CCN 4786)

CRIS-E PROCESSING: Manual budgeting must be completed for the Victims of Trafficking Program. County agencies shall fiat the individual's eligibility to pass on AEWIF and the assistance group on AEWFT.

Rule 5101:1-2-35 -Sponsor-to-Alien Deeming Requirements

This rule is being revised in preparation for a Medicaid-only manual. Policy language is amended to remove references to the Medicaid program. There are no other significant changes to this rule.

Appendix to Chapter 8000

A copy of the ORR certification letter and letter for children used for the Victims of Trafficking Program will be included within the appendix of this chapter. The format of these letters is subject to change.

TECHNICAL CHANGES

The Outline of Contents to Chapter 1000 has been modified to remove rescinded rule 5101:1-2-29, Ohio works first (OWF) and DA: Failure to comply with OWF and/or DA eligibility requirements.

The Outline of Contents to Chapter 3000 has been modified to remove rescinded rule 5101:1-23-07, OWF and DA, Nonrecurring Lump Sum Payment. This rule was obsoleted with the issuance of ACT 208 effective March 1, 2001.

The Outline of Contents to Chapter 4000 has been modified to remove the G-845 Response Form.

The Outline of Contents to Chapter 8000 has been modified to add new rule 5101:1-2-30.1, Benefit Eligibility: Victims of Trafficking, to add the Certification Letter, Letter for Children and to reflect title revisions to rules 5101:1-2-30 and 5101:1-2-35.

INSTRUCTIONS

Obsolete ACT No. 212 "Trafficking Victims Protection Act of 2000" with the issuance of this MTL.