Child Care Chapter 16: Publicly Funded Child Care
5101:2-16-70 Caretaker Improper Payments or Misuse of Publicly Funded Child Care
Effective Date: December 16, 2018
Most Current Prior Effective Date: August 10, 2015

(A)What is a caretaker improper child care payment?

A caretaker improper payment for publicly funded child care is a benefit received by a caretaker for which the caretaker was not eligible, and for which a child care provider has been paid. The caretaker shall repay the county agency for the following improper payments:

(1)An error on the part of the caretaker.

(2)Payments made to a provider for care provided during a state hearing appeal period and the decision to terminate benefits is upheld.

(3)An error by the county agency or Ohio department of job and family services (ODJFS).

(B)What is misuse of publicly funded child care or Ohio electronic child care (Ohio ECC)the automated child care system by a caretaker?

Misuse is when the caretaker:

(1)Intentionally withholds or falsifies information.

(2)Allows the provider to use or possess an Ohio ECC cardthe caretaker's personal identification information to gain access to the automated child care system.

(3)Falsifies attendance records.

(C)What are the repayment procedures for a caretaker improper child care payment or an overpayment related to misuse of Ohio ECCthe automated child care system?

(1)The county agency shall:

(a)Calculate the overpayment resulting from an improper payment.

(b)Notify the caretaker of the determined overpayment amount to be repaid using the JFS 01151 "County Notice of Child Care Benefit Repayment Requirements for Caretakers" (rev. 2/2014).

(c)Report payments received from caretakers in the county finance information system (CFIS).

(2)The caretaker shall:

(a)Sign the JFS 01151 acknowledging the overpayment and agreeing to a repayment plan.

(b)Make payments in accordance with the signed payment agreement.

(D)What if the caretaker fails to comply with a repayment agreement?

(1)The county agency shall notify ODJFS and propose termination of child care benefits if the caretaker fails to enter into or comply with an agreement to repay a child care overpayment, and shall issue the appropriate hearing notice pursuant to division 5101:6 of the Administrative Code.

(2)Ineligibility for child care benefits shall continue until the caretaker complies with an agreement to repay the determined amount.

(E)What is child care caretaker fraud?

(1)Child care caretaker fraud is the willful withholding or falsification of information, or the misuse of child care services by the caretaker with an intent to deceive or defraud, resulting in the acceptance of services to which the caretaker was not entitled, as determined by a court of law or the caretaker's admission.

(2)The county agency, in cooperation with the county prosecutor, shall develop and implement procedures for the investigation and/or prosecution of alleged child care caretaker fraud and the recovery of child care overpayments from caretakers. The county agency shall update these procedures as necessary.

(F)What happens if a caretaker has admitted to caretaker fraud or has been convicted of fraud by a court of law?

(1)The county agency shall terminate child care benefits.

(2)The caretaker shall not be eligible for publicly funded child care until full repayment has been made.

(3)The county agency shall follow all appropriate provisions of the state hearing notice as required in division 5101:6 of the Administrative Code.

Effective: 12/16/2018

Five Year Review (FYR) Dates: 8/1/2020

Certification: CERTIFIED ELECTRONICALLY

Date: 12/06/2018

Promulgated Under: 119.03

Statutory Authority: 5104.38

Rule Amplifies: 5104.38

Prior Effective Dates: 06/03/1996, 10/01/1997 (Emer.), 12/30/1997, 01/01/2002, 02/01/2007, 07/01/2008, 03/28/2010, 08/28/2011, 05/04/2014, 08/10/2015

Replaces: 5101:2-16-71

Effective: 08/10/2015

Five Year Review (FYR) Dates: 08/01/2020

Certification: CERTIFIED ELECTRONICALLY

Date: 07/27/2015

Promulgated Under: 119.03

Statutory Authority: 5104.38

Rule Amplifies: 5104.38

Prior Effective Dates: 6/3/96, 10/1/97 (Emer.), 12/30/97, 1/1/02, 2/1/07, 7/1/08, 3/28/10, 8/28/11, 5/4/14