Child Care Chapter 16: Child Care Eligibility, Fraud & Overpayments
5101:2-16-35.1 Caretaker Eligibility Requirements to Qualify for Publicly Funded Child Care Benefits
Effective Date: December 16, 2018
Most Current Prior Effective Date: October 1, 2017

(A)The caretaker shall complete the application for publicly funded child care described in paragraph (A)(1) of rule 5101:2-16-30 of the Administrative Code.

(B)Payment shall be made for authorized child care services provided between the date the county agency receives an application and the date the caretaker is determined to be eligible.

(C)Payment may be made for child care services provided for the period of time between the date the county agency receives the application and the date of denial plus five days if:

(1)A complete application, as defined in paragraph (A)(1) of rule 5101:2-16-30 of the Administrative Code, was submitted;

(2)The child in care is age eligible; and

(3)The caretaker was not previously approved for paid publicly funded child care services after denial, in the previous twelve months.

(D)Authorization for care shall be made according to the following:

(1)Authorization for care shall not exceed the maximum category of care that a caretaker(s) is eligible to receive.

(2)A child shall be authorized to only one provider in a week; unless an exemption is met as set forth in paragraph (D)(3) of this rule.

(3)The county agency may grant an additional part-time or hourly authorization in a week if the family provides documentation showing it meets one of the following exemption criteria:

(a)The child needs additional care during non-traditional hours as defined in rule 5101:2-16-41 of the Administrative Code.

(b)The child needs to change providers in the middle of the week and the hours of care provided by the providers do not overlap.

(c)The child's provider is closed on scheduled school days off or on calamity days and the child needs care for those days.

(d)The child is enrolled in a part-time program participating in step up to quality (SUTQ) and needs care from an additional provider.

(E)Authorizations not utilized for thirty-one consecutive days shall be ended.

(F)A caretaker shall use the automated child care electronic swipe card system upon entry to and exit from the provider's location. Use of the swipe card automated system will automatically track attendance for each child at each authorized provider.

(G)If a swipe card is lost or stolen, a caretaker shall request a replacement swipe card within seven business days from the date of the last swipe.

(H)(G) An eligible caretaker or the caretaker's designee/sponsor are the only people permitted by the Ohio department of job and family services (ODJFS) to use the swipe card automated child care system to record a child's attendance. The personal identification number (PIN)information created and used by the caretaker or designee/sponsor serves as the caretaker'san electronic signature. The caretaker's designee shall not be the provider nor a person acting in any capacity for the provider. Misuse of the child care electronic swipe card automated child care system may result in termination of a caretaker's eligibility.

(I)(H)   A child can receive care only from a provider who has a provider agreement with the ODJFS and who has been authorized by the county agency to provide care for the child.

(J)(I)    The caretaker shall make all assigned copayments to the provider.

(K)(J)  A caretaker shall not receive publicly funded child care from a provider who resides in the same household as the child and caretaker.

(L)(K)  If the caretaker is the owner or an owner's representative of a licensed child care center or type A home, the caretaker's children shall not be authorized to that center or type A home.

(M)(L)  If the caretaker is the employee of a licensed type A home or licensed type B home the caretaker's children shall not be authorized to that licensed type A or type B home.

(N)If the caretaker is the provider or provider's assistant in a licensed type B home, the caretaker's children shall not be authorized to that licensed type B home.

(O)(M) A caretaker receiving child care benefits shall report to the county agency any changes which affect the caretaker's eligibility for child care benefits, including the name of the provider the caretaker has chosen, family income, employment, participation in program of education or training, household composition, relocation to another county or if a school-age child changes schools.

(1)The caretaker shall request any change that impacts their current authorization or authorization category prior to or within the service week that the new authorization is needed.

(2)The caretaker shall report changes within ten calendar days of the date the change occurs.

(3)If the caretaker fails to comply with the ten-day reporting requirement, the county agency will pursue a determination of and recovery of any overpayment.

(P)(N) A caretaker shall notify the county agency if a child needs to be authorized to a new provider.

(Q)(O) A caretaker shall complete a redetermination application and provide all required supporting documentation to the county agency annually by the end of the current eligibility period.

Effective: 12/16/2018

Five Year Review (FYR) Dates: 5/1/2019

Certification: CERTIFIED ELECTRONICALLY

Date: 12/06/2018

Promulgated Under: 119.03

Statutory Authority: 5104.34, 5104.38

Rule Amplifies: 5104.01, 5104.32, 5104.34, 5104.38

Prior Effective Dates: 07/29/1991, 11/01/1991 (Emer.), 01/20/1992, 01/01/1994, 01/02/1996 (Emer.), 03/01/1996, 10/01/1997 (Emer.), 12/30/1997, 01/01/1999, 02/14/2002, 04/01/2003, 07/01/2005 (Emer.), 09/16/2005, 02/01/2007, 02/01/2008, 07/01/2009, 03/28/2010, 05/01/2011, 08/28/2011, 05/04/2014, 09/04/2014, 02/22/2015, 09/28/2015, 06/26/2016, 10/01/2017