This letter transmits ORC language changes to the eligibility criteria for subsidized child care due to the implementation of Am. Sub. H.B. 94. These statute changes are effective January 1, 2002 and agencies are to abide by the new language at that time.

5104.32 (C) is amended as follows: The maximum number of absent days reimbursed to providers shall not exceed ten days in a six-month period during which publicly funded child day-care is provided to the child regardless of the number of providers that provide publicly funded child day-care to the child during that period.

5104.341 (A)(2) is amended as follows: The county department of job and family services shall redetermine the appropriate level of a fee charged under division (B) of section 5104.34 of the Revised Code every six months during the one-year period.

Proposed rule amendments to the enclosed Chapter 5101:2-16 rules due to the implementation of Am. Sub. H.B. 94 and completion of a five year rule review conducted by the Bureau of Child Care are also included with this manual transmittal letter. If any changes are made to these rules as a result of a public hearing or the JCARR hearing, you will be notified of the changes by an amended CCMTL. Otherwise, these rules will become effective February 14, 2002.

Rule 5101:2-16-01 "Definitions" is amended as follows: 1) Definitions are established for "absentee day" and "border state child care provider"; 2) "Caretaker" replaces "caretaker parent"; 3) "Children in placement" is clarified; 4) The definition of "family" is included in the rule; 5) The definition of a "Head Start/Child Care Partnership Program is clarified as to the minimum standards that should exist; 6) The definitions that apply to child care resource and referral agencies have been removed from the rule and will be included in the new Chapter 5101:2-15 resource and referral rules.

Rule 5101:2-16-34 "Income Eligibility" is amended as follows: 1) Clarifies which types of income can be excluded from gross earned and gross unearned income including federal work study income, earned in kind income, and nonrecurring lump sum payments; 2) Families with no countable income shall provide written verification confirming how they are meeting basic living expenses.

Rule 5101:2-16-35 "Eligibility determination" is amended as follows: 1) The agency shall provide the recipient with a copy of the signed rights and responsibilities section of the child care application or an agency equivalent; 2) Clarification of notice requirements when there is a change in child care benefits; 3) The eligibility determiner shall not terminate child care benefits for Head Start eligible children who are enrolled in a Head Start/Child Care Partnership Program until the end of the Head Start Program year.

Rule 5101:2-16-39 "Family copayment requirement" is amended as follows: 1) At the sixth month of the one year eligibility period the family's copayment shall be reviewed and appropriate action taken by the eligibility determiner; 2) The copayment shall be in effect for each six month period unless the caretaker requests a reduction to the copayment due to changes in family income or composition, a documented increase in family income occurs within the first thirty days of eligibility, or an incorrect copayment was assessed by the eligibility determiner resulting in corrective action to adjust the copayment; 3) A recipient shall not be required to pay the difference between the reimbursement ceiling and the provider's customary charge to the public when the customary charge is higher; 4) Clarification of notice requirements when there is an increase in the copayment.

Rule 5101:2-16-41 "Reimbursement ceilings for child care providers" is amended as follows: 1) The agency shall reimburse ten absentee days per child during each six-month period that care is provided to a child, regardless of the number of providers used by the child; 2) The provider is required to report to the CDJFS any absence that exceeds two consecutive days. Failure of the provider to report absences on a timely basis may result in the termination of payment after the second consecutive day.

The ODJFS 01224 "Purchase of Child Care Services Contract" is amended as follows: 1) Failure to report timely may result in the termination of payment after the second consecutive absentee day; 2) A recipient shall not be required to pay the difference between the reimbursement ceiling and the provider's customary charge to the public when the customary charge is higher.

Fiscal Impact Statement: These policy and procedure changes will decrease expenditures by limiting the number of absentee days per child and by allowing an increase in family copayment once during the twelve month eligibility period.

Training Impact Statement: Staff in the Bureau of Child Care and Development will offer training on these changes during the regularly scheduled quarterly Networking Opportunities. Staff in the County Technical Support (CTS) Section will also review these changes with county child care staff and provide technical assistance during monitoring visits.

If you have any questions regarding these matters, please contact the Bureau of Child Care and Development, County Technical Support at (614) 466-7762.