(A) The kinship child care program provides
child care services to eligible kinship families. This temporary assistance for
needy families (TANF) non-assistance program is not part of the publicly funded
child care program.
(B) The following definitions are
applicable to this rule and supersede any conflicting definitions contained in
rule 5101:2-1-01 of the Administrative Code.
(1) "Custodian" has the same
meaning as in section 5107.02 of the Revised Code, which is an individual who
has legal custody of a minor child or comparable status over a minor child
created by a court of competent jurisdiction in another state.
(2) "Guardian" has the same
meaning as in section 5107.02 of the Revised Code, which is an individual that
is granted authority by a probate court or a court of competent jurisdiction in
another state, to exercise parental rights over a minor child to the extent
provided in the court's order and subject to residual parental rights of the
minor child's parents.
(3) "Kinship caregiver" has the
same meaning as in section 5101.85 of the Revised Code, which is any of the
following who is eighteen years of age or older and is caring for a child in
place of the child's parents:
(a) The following individuals related by
blood or adoption to the child:
(i) Grandparents, including grandparents
with the prefix "great", "great-great", or
"great-great-great";
(ii) Siblings;
(iii) Aunts, uncles, nephews, and nieces,
including such relatives with the prefix "great",
"great-great", "grand", or "great-grand";
(iv) First cousins and first cousins once
removed.
(b) Stepparents and stepsiblings of the
child;
(c) Spouses and former spouses of
individuals named in paragraphs (B)(3)(a) and (B)(3)(b) of this rule;
(d) A legal guardian of the child; or
(e) A legal custodian of the child.
(4) "Kinship child" means a child
being cared for by any kinship caregiver pursuant to paragraphs (B)(1) to
(B)(3) of this rule.
(5) "Kinship family" means the
kinship caregiver, spouse of the kinship caregiver, and all of the minor
children for whom the kinship caregiver and spouse of the kinship caregiver are
responsible, and who reside in the same household.
(C) When a public children services agency
(PCSA) is considering placement of a child with a kinship caregiver as defined
in paragraph (B)(3) of this rule, or when a kinship caregiver has been approved
for the kinship permanency incentive program (KPIP) and the PCSA determines
that the kinship caregiver has a need for child care services, the PCSA shall:
(1) Complete the JFS 01499
"Pre-Screening Tool for Kinship Child Care" (02/2018) for the kinship
family to determine whether the kinship family may qualify for publicly funded
child care or the kinship child care program; and
(2) Send the completed JFS 01499 to the
Ohio department of job and family services (ODJFS). The PCSA may choose to
retain the completed forms and send them in batches to ODJFS no later than the
end of each calendar month.
(D) When a PCSA has approved a kinship home
assessment and the JFS 01499 indicates the kinship family may be eligible for
publicly funded child care or the kinship child care program, the PCSA shall do
one of the following:
(1) Assist the kinship caregiver with the
application process for publicly funded child care pursuant to rule
5101:2-16-30 of the Administrative Code when the PCSA determines the kinship
family may be eligible for publicly funded child care; or
(2) Inform the kinship caregiver about the
kinship child care program and provide the kinship caregiver with the JFS 01500
"Kinship Child Care Application" (02/2018) when the PCSA determines
that the kinship family will not qualify for publicly funded child care, but
may qualify for the kinship child care program.
(E) A kinship family may be eligible for
the kinship child care program when all of the following requirements are met:
(1) A PCSA is currently or was previously
involved with the family, including solely for kinship permanency incentive
program approval purposes, and supports the kinship child(ren) residing in the
home of the kinship caregiver;
(2) The PCSA has completed and approved a
home assessment in accordance with rule 5101:2-42-18 of the Administrative Code
for the child(ren) for which the kinship caregiver has a need for child care
services;
(3) The gross income of the kinship family,
including the kinship child(ren) does not exceed two hundred per cent of the
federal poverty guidelines. The income eligibility guidelines will be published
annually in a child care manual procedure letter;
(4) The child(ren) in need of kinship child
care is less than thirteen years of age, or less than eighteen years of age and
meets the definition of "special needs" pursuant to rule 5101:2-16-01
of the Administrative Code;
(5) The kinship caregiver is a resident of
Ohio;
(6) The kinship child(ren) in need of child
care resides with the kinship caregiver;
(7) The kinship caregiver and kinship
child(ren) must be United States citizens, non-citizen nationals, or qualified
aliens as those terms are defined in rule 5101:1-2-30 of the Administrative
Code;
(8) The kinship caregiver and kinship
child(ren) must have, or have applied for, social security numbers;
(9) The kinship caregiver must not owe any
of the cost of fraudulent TANF assistance paid to the kinship caregiver;
(10) The kinship caregiver must have been
afforded the opportunity to register to vote; and
(11) The kinship family has a need for kinship
child care services for the kinship child(ren). A need for kinship child care
services results when the kinship caregiver(s):
(a) Is participating in paid employment on
a full-time or part-time basis;
(b) Is participating in a training or
education activity; or
(c) Requires child care services which
provide temporary relief of child caring functions, are reasonable and
necessary, and are intended for the kinship family to receive a break.
(F) The kinship family shall apply for the
kinship child care program by submitting a completed application to the PCSA
who holds custody of the child, or to the PCSA in the kinship caregiver's
county of residence when the kinship caregiver has custody or guardianship of
the child. A completed application includes all of the following:
(1) The JFS 01500;
(2) Verification of citizenship or
qualified alien status for the kinship child(ren) in need of care;
(3) Verification of income for all
household members pursuant to rule 5101:2-16-34 of the Administrative Code; and
(4) Verification of a need for kinship
child care, which includes but is not limited to:
(a) Pay stubs that indicate hours of work;
(b) A statement from an employer indicating
hours of work;
(c) A class schedule;
(d) A training schedule; or
(e) A client statement regarding the need
for kinship child care services which addresses why they are reasonable and
necessary.
(G) The PCSA shall determine how much child
care the kinship family needs for the kinship child(ren) on a weekly basis. The
PCSA shall base the determination on the need identified by the kinship family
pursuant to paragraph (E)(11) of this rule and shall assign the need according
to the following categories:
(1) Hourly, which is less than 7.0 hours
per week;
(2) Part-time weekly, which is 7.0 to less
than 25.0 hours per week; or
(3) Full-time weekly, which is 25.0 to 60.0
hours per week.
(H) The PCSA shall assess a kinship
family's eligibility for the kinship child care program as soon as possible,
but no later than five business days from the date the PCSA receives the
completed application. The PCSA shall retain a copy of the JFS 01500 and copies
of all required supporting documentation in the agency's files.
(I) The PCSA shall provide all of the
following to ODJFS:
(1) The JFS 01500 and other documentation
required in paragraph (F) of this rule;
(2) A recommendation to approve or deny
eligibility for the kinship child care program; and
(3) A recommendation of hours of
authorization pursuant to paragraph (G) of this rule, if the PCSA is
recommending approval of eligibility.
(J) ODJFS will notify both the kinship
caregiver and the PCSA of the final determination of initial eligibility.
(K) If the kinship family is determined
eligible for kinship child care benefits, the initial eligibility period may
begin on the date the PCSA received the completed application and shall last
for four months, unless the kinship child is no longer residing in the home.
(L) An eligible kinship caregiver may
receive kinship child care services from a child care provider who has entered
into and is abiding by a provider agreement pursuant to rule 5101:2-16-44 of
the Administrative Code and is any of the following:
(1) Licensed by the state of Ohio in
accordance with Chapter 5101:2-12 or 5101:2-13 of the Administrative Code;
(2) Approved as a day camp in accordance
with Chapter 5101:2-18 of the Administrative Code;
(3) Licensed by the Ohio department of
education;
(4) An in-home aide certified in accordance
with Chapter 5101:2-14 of the Administrative Code; or
(5) An eligible border state provider.
(M) If a kinship caregiver chooses an
individual as a child care provider who does not meet the requirements listed
in paragraph (L) of this rule, the PCSA shall notify the individual that they
may be eligible to apply for an expedited process to become a licensed type B
home provider to provide kinship child care as determined by ODJFS.
(N) If the kinship caregiver chooses to
reapply for ongoing benefits through the kinship child care program, the
kinship caregiver shall submit the JFS 01500, current income verification, and
current verification of the need for kinship child care benefits to the PCSA no
later than thirty calendar days prior to the end of the current eligibility
period.
(O) When the kinship caregiver submits the
JFS 01500 to reapply for the kinship child care program, the PCSA shall
complete the activities in paragraphs (G) to (I) of this rule.
(P) ODJFS will notify both the kinship
caregiver and the PCSA of the final redetermination of eligibility.
(Q) If the kinship family's reapplication
for kinship child care benefits is approved, the new period shall begin on the
date following the last day of the current eligibility period and shall
continue for twelve months.
(R) The kinship caregiver shall notify the
PCSA within ten calendar days of any changes that may affect their eligibility
for the kinship child care program including:
(1) A change in income;
(2) A change in the need for kinship child
care including, but not limited to changes in employment, education, or job
training;
(3) A change in household members;
(4) A change of address;
(5) The child(ren) in need of child care is
no longer residing in the kinship placement.
(S) The PCSA shall notify ODJFS within
three business days of any changes reported by the kinship caregiver that may
affect their eligibility for the kinship child care program, pursuant to
paragraph (R) of this rule.
(T) In the event state funding is no longer
available, the kinship child care program will close. Once state funds have
been exhausted, neither ODJFS nor the PCSA may be held responsible for payment
of child care services.
Effective: 5/1/2018
Five Year Review (FYR) Dates: 05/01/2023
Certification: CERTIFIED ELECTRONICALLY
Date: 04/03/2018
Promulgated Under: 119.03
Statutory Authority: Section 307.25 of HB49, 132nd GA, 5153.16,
5101.801
Rule Amplifies: Section 307.25 of HB49, 132nd GA, 5101.80, 5101.801,
5101.802