FCASMTL 86 (Title IV-E Eligibility Determinations, eff. 3/3/98)
Family, Children and Adult Services Manual Transmittal Letter No. 86
March 3, 1998
TO: Family, Children and Adult Services Manual Holders
FROM: Arnold R. Tompkins, Director
SUBJECT: Title IV-E Eligibility Determinations

The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (P.L. 104-193) amended Title IV-E eligibility requirements for the foster care and adoption assistance programs and linked eligibility to the ADC program as it was in effect in the state on June 1, 1995. P.L. 104-193 had linked Medicaid eligibility to the ADC program as it was in effect in the state on July 16, 1996.

In order to minimize the states' administrative burden the Balanced Budget Act of 1997 (P.L. 105-33), enacted on August 5, 1997, linked Title IV-E eligibility to the ADC program as it was in effect in the state on July 16, 1996. As a result, the Title IV-E eligibility ADC link and the Medicaid eligibility ADC link are now the same.

Due to the change in time frames, Title IV-E agencies are required to determine and redetermine Title IV-E eligibility based on ADC Ohio Administrative Code (OAC) rules which were in effect on July 16, 1996. This transmittal issues amended OAC rule 5101:7-1-02 "Title IV-E eligibility under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996" which contains all ADC eligibility rules which were in effect on July 16, 1996. The following chart provides you with an overview of what rules remained the same, were replaced, inserted or deleted from the Appendix of OAC rule 5101:7-1-02.

5101:7-1-02 APPENDIX RULE TITLE
5101:1‑1‑54Objective of the Systematic Alien Verification for Entitlements (SAVE) program
5101:1‑1‑55Required alien immigration status documentation
5101:1‑1‑56Methods of verifying alien registration status
5101:1‑1‑57*Required written declaration of citizenship/alien status
5101:1‑3‑011Eligibility for ADC as a result of the deprivation of parental support
5101:1‑3‑012ADC: continued absence
5101:1‑3‑013ADC: assignment of child support
5101:1‑3‑02ADC: age requirements
5101:1‑3‑021ADC: school attendance
5101:1‑3‑03ADC: residence requirement
5101:1‑3‑04Living with a specified relative
5101:1‑3‑041+ADC: shared parenting (joint custody)
5101:1‑3‑05ADC: general principles regarding resources
5101:1‑3‑052*ADC resources: limitation
5101:1‑3‑053*ADC resources: liquid assets
5101:1‑3‑054ADC resources: real and personal property
5101:1‑3‑055ADC resources: personal property
5101:1‑3‑056ADC resources: exempt/nonexempt exchange and replacement
5101:1‑3‑057ADC: checking and savings accounts
5101:1‑3‑058ADC: life insurance as a resource
5101:1‑3‑059ADC: trust as a resource
5101:1‑3‑06ADC: real property not used as the home
5101:1‑3‑07ADC: evidence of age, citizenship and identity
5101:1‑3‑09ADC: enumeration requirement
5101:1‑3‑091ADC: enumeration verification
5101:1‑3‑14*Deprivation due to incapacity
5101:1‑3‑15ADC-U: deprivation due to unemployment
5101:1‑3‑151ADC-U: principal earner
5101:1‑3‑155ADC-U: refusals of offers of employment or training
5101:1‑3‑18Eligibility of sponsored aliens
5101:1‑3‑19Strikers
5101:1‑3‑20Need
5101:1‑3‑21*ADC: concurrent receipt of assistance
5101:1‑3‑22ADC and DA: Citizenship requirements
5101:1‑21‑01*ADC/GA/DA: financial need based upon size of assistance group
5101:1‑21‑011ADC: standard filing unit
5101:1‑21‑013ADC: establishing the assistance group
5101:1‑21‑014ADC: children residing with minor parent
5101:1‑21‑015+ADC: cases with SSI income and situations in which a child receiving federal state, or local foster care maintenance payments or federal, state, or local adoption assistance payments is placed with a specified relative
5101:1‑21‑016*ADC: persons excluded from the assistance group
5101:1‑21‑017*ADC: assistance group composition
5101:1‑21‑02*ADC/GA/DA: individuals included in the assistance group
5101:1‑21‑04*ADC: computation of the budget
5101:1‑23‑01+ADC: availability of income
5101:1‑23‑011+ADC: exploration of potential income
5101:1‑23‑02Exempt income
5101:1‑23‑021ADC: child support payments
5101:1‑23‑03*ADC: nonexempt income
5101:1‑23‑031ADC: unearned income
5101:1‑23‑032ADC: earned income
5101:1‑23‑033ADC: disregards of earned income
5101:1‑23‑034ADC: income from room and board
5101:1‑23‑035ADC: program eligibility for applicants
5101:1‑23‑038ADC: treatment of income received from participation in programs established under the National and Community Service Trust Act of 1993
5101:1‑23‑04ADC: earned income calculation
5101:1‑23‑041ADC: treatment of earned income of a dependent child
5101:1‑23‑042*ADC: minor caretaker budgeting
5101:1‑23‑043ADC: income of a stepparent
5101:1‑23‑044ADC: budgeting methodology applicable when a parent does not meet the citizenship requirement
5101:1‑23‑06*ADC and DA: relocation assistance
5101:1‑23‑07+ADC, DA and ADC-related Medicaid: nonrecurring lump-sum payment
5101:1‑23‑071+ADC: nonrecurring lump-sum period of ineligibility
5101:1‑23‑073+ADC: shortening the period of ineligibility
5101:1‑23‑074+ADC: budgeting procedures to be used to determine period of ineligibility resulting from the receipt of a lump-sum payment
5101:1‑23‑08+ADC: bona fide loans
5101:1‑23‑09+ADC: educational grants and scholarships for college expenses
5101:1‑23‑12+ADC: contributions for shared living expenses
5101:1‑23‑13ADC: casual income
5101:1‑23‑14*ADC and DA: income in kind
5101:1‑23‑17ADC: income paid by public or private agencies, or community groups
5101:1‑23‑20+ADC: earned income tax credit
5101:1‑23‑21ADC: definition of self-employment and gross earnings
5101:1‑23‑211ADC: self-employment operating expenses
5101:1‑23‑212ADC: establishing annual gross earned income from self-employment
5101:1‑23‑213*ADC: distributing monthly income from self-employment earnings
5101:1‑23‑22Child support income
5101:1‑23‑221+Child support disregard and payment

*Rule has been amended since 6/95

+Rule to be added