** Archive **
CCMTL 55 (Administrative Order and 5101:2-16 - ARCHIVE)
Child Care Manual Transmittal Letter No. 55
May 9, 2003
TO: All Child Care Manual Users
FROM: Thomas J. Hayes, Director
SUBJECT: Publicly Funded Child Care Administrative Order and Amendments to Chapter 5101:2-16 of the Ohio Administrative Code

The Director of the Ohio Department of Job and Family Services (ODJFS) issues this administrative order for the purpose of establishing the statewide maximum eligibility limit for publicly funded child care benefits. Eligibility levels are established based on expenditures and funding availability and are subject to change.

Under this administrative order, effective June 9, 2003, all county departments of job and family services (CDJFS) shall:

1.Continue to provide child care benefits to current recipients of publicly funded child care who meet the requirements established in Chapter 5101:2-16 of the Ohio Administrative Code (OAC).

2.Continue to enroll new applicants for publicly funded child care benefits who meet all the requirements established in Chapter 5101:2-16 of the OAC.

3.Refer to the maximum income levels of 150% of the 2003 Federal Poverty Level for initial applications for Income Eligible Employment and Training and Transitional child care benefits,

4.Refer to the maximum income levels of 150% and 185% of the 2003 Federal Poverty Level for redeterminations of eligibility for Income Eligible Employment and Training and Transitional child care benefits. During the time period from June 9, 2003 through September15, 2003, each family shall be notified at the time of their six-month review or twelve-month redetermination that, if income exceeds 150% of the poverty level but is at or below 185% of the poverty level, child care benefits will end September 30, 2003.

For families whose review or redetermination is not due during this time period, counties will be responsible for reviewing all cases in this income range no later than September 15, 2003 to ensure proper notification and processing of any change prior to September 30.

5.Adjust all copayments according to rule 5101:2-16-39 and the new copayment table included in this transmittal letter. These adjustments must be made beginning June 9, 2003 at the time of the family's six month copayment review or twelve-month redetermination.

6.As soon as possible but no later than 90 days from the effective date of this order, all PPI contracts will be revised to pay PPI providers no more than sixty per cent of the reimbursement ceilings contained in rule 5101:2-16-41.

7.Review cases for children whose eligibility has been determined solely on their special needs to determine if the family is eligible for child care benefits under any other category prior to proposing termination. Effective June 9, 2003, there is no longer a separate category for child care for children with special needs.

2003 FEDERAL POVERTY LEVELS

2003 FEDERAL POVERTY LEVELS
FAMILY SIZE 150 % FPL185% FPL
2$1,515$1,869
3$1,908$2,353
4$2,300$2,837
5$2,693$3,321
6$3,085$3,805
7$3,478$4,289
8$3,870$4,773
9$4,263$5,258
10$4,654$5,741
11$5,047$6,225
12$5,440$6,710

In order to implement the changes in Am. Sub. H.B. No. 40 and to clarify current policy, amendments have been made to the following Chapter 5101:2-16 rules, effective June 9, 2003.

Rule 5101-2-16-01 "Definitions" is amended as follows: the definition of "loco parentis" is clarified to include relatives, foster parents and step parents; the definition of "special needs" is added to the rule.

Rule 5101:2-16-30 "Publicly funded child care program requirements" is amended as follows: the composition of a family shall include a minor parent and child and an adult caretaker, including relatives, foster parents or step parents, when the minor parent and child are living with the adult caretaker; eligibility for child care benefits for children with special needs can no longer be determined solely on the special needs of the child, but is related to the employment, education or training of the caretaker.

Rule 5101-2-16-39 "Family copayment requirement" is amended as follows the copayment is changed from a child-in-care copayment to a family copayment and is determined by using the revised "Child Care Copayment Table".

Rule 5101:2-16-41 "Reimbursement ceilings for child care providers" is amended as follows: the agency shall reimburse parent provider inspected (PPI) limited certified providers at a rate which is no more than sixty per cent of the reimbursement ceilings as listed in appendix A of this rule for professional certified providers.

Rule 5101:2-16-42 "Procedures for requesting reimbursement ceiling waivers" is amended as follows: the agency may request a waiver of its reimbursement ceiling up to twice the fees allowable when it is necessary to purchase child care services based on the documented special needs of a child, such as requiring a lower staff/child ratio or an adaptive environment.

JFS 01231 "Request for Waiver of Reimbursement Ceiling for Special Needs Child Care", has been revised to reflect the change in requirements for requesting a waiver.

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