(A) The county
agency shall document the date an application for
publicly funded child care, defined in rule 5101:2-16-30 of the Administrative
Code,the JFS 01138 "Application for Child
Care Benefits"(rev. 6/2016)or both the JFS 01121 "Early Childhood Education
Eligibility Screening Tool" (3/2016) and the JFS 01122 "Publicly
Funded Child Care Supplemental Application"(6/2016)
is received.
(B) The National
Voter Registration Act (NVRA) of 1993 requires each state to provide voter
registration services at designated government agencies that provide public
assistance.
(1) The county
agency shall distribute voter registration applications with the JFS 01138 and the JFS 01122applications
for publicly funded child care, defined in rule 5101:2-16-30 of the
Administrative Code.
(2) The county
agency shall follow procedures outlined in rule 5101:1-2-15 of the Administrative
Code for the acceptance of voter registration applications.
(C) The county
agency shall determine eligibility no later than thirty calendar days from the
date the county agency receives the application. The complete application and
all required supporting documentation shall be retained in the agency's files.
(D) The county
agency shall not require a face-to-face interview with the caretaker if the
information required for determining the caretaker's eligibility for child care
is already on file with the county agency and/or the required information can
be obtained through other methods.
(E) If the county
agency determines a caretaker is eligible for child care benefits, the
eligibility period may begin on the date the county agency received the
application. The caretaker shall receive notice of approval for child care
benefits by the JFS 04074 "Notice of Approval of Your Application for
Assistance" (rev. 9/2011) or its computer-generated equivalent.
(F) If the county
agency determines a caretaker ineligible for child care benefits the county
agency shall deny the application. The county agency shall:
(1) Provide the
caretaker with a notice of denial of an application for child care benefits by
the JFS 07334 "Notice of Denial of Your Application for Assistance"
(rev. 9/2011) or its computer-generated equivalent.
(2) Authorize child
care pursuant to paragraph (D) of rule 5101:2-16-35.1 of the Administrative
Code for the period of time between the date the county agency receives the
application and the date of denial plus five days, not to exceed a full time
authorization.
(a) The county
agency shall notify the provider of the denial of the application at the time
of the caretaker's denial and if the provider is permitted to submit the JFS
01211 "Request for Payment of Publicly Funded Child Care Services Provided
for a Denial of Application" (9/2014).
(b) The county
agency shall approve publicly funded child care payment after denial for the
caretaker only once during a twelve month period.
(G) The county
agency shall redetermine eligibility for child care by the last day of the
current eligibility period.
(H) The county
agency shall propose termination of child care benefits using the JFS 04065
"Prior Notice of Right to a State Hearing" (rev. 5/2001) or its
computer-generated equivalent fifteen calendar days prior to the date of the
proposed action if any of the following occur:
(1) The caretaker
fails to submit a redetermination application and all required supporting
documentation by fifteen days prior to the end of the current eligibility
period.
(2) The county
agency determines the family is no longer eligible.
(I) If the county
agency determines the caretaker eligible for child care benefits for a new
eligibility period, the new period shall begin on the date following the last
day of the current eligibility period. The county agency shall provide notice
of approval for child care benefits using the JFS 04074 or its
computer-generated equivalent.
(J) If the county
agency determines the caretaker ineligible for child care benefits for a new
eligibility period, the county agency shall provide notice of denial of an
application for child care benefits using the JFS 07334 or its
computer-generated equivalent.
(K) The county
agency shall assure that alternative methods for application are available to
families through telephone, fax, computer and other means at locations other
than the county agency that are convenient and accessible for families. These
shall include, but are not limited to, the following:
(1) The county
agency may contract with child care providers or resource and referral
organizations to make all or any part of the eligibility determinations.
(2) The county
agency may contract with child care providers or resource and referral organizations
to collect information for use by the county agency in determining eligibility
for child care benefits.
(3) The county
agency may complete or receive the application with information provided over
the telephone, fax, the Ohio department of job and family services (ODJFS)
child care web site at http://jfs.ohio.gov/cdc/families.stm, or via computer.
The county agency may use and accept electronic records and electronic
signatures as specified in Chapter 1306. of the Revised Code.
(L) The county
agency shall deny or terminate a caretaker's eligibility for child care
benefits, after providing hearing notice rights as required by applicable rules
in division 5101:6 of the Administrative Code, if the caretaker does any of the
following:
(1) Does not meet
current eligibility, unless the caretaker is approved for continuing
eligibility pursuant to paragraph (J) of rule 5101:2-16-30 of the
Administrative Code.
(2) Has another
adult caretaker available in the family (as determined pursuant to rule
5101:2-16-30 of the Administrative Code) who can provide appropriate care for
the child, except when the caretaker provides written verification to the
county agency from a licensed physician, licensed psychologist, licensed
psychiatrist or public children services agency (PCSA) that the caretaker
cannot provide appropriate care for the child.
(3) Does not
cooperate in determining eligibility for current or for past benefits.
(4) Does not enter
into or comply with an agreement with the county agency or ODJFS to repay a child
care overpayment.
(5) Does not use
child care services for a period of thirty-one consecutive days, unless
exempted by this rule.
(6) Does not pay
the required child care copayment unless the family makes arrangements to pay
delinquent copayments.
(7) Owes delinquent
copayments to a child care provider, unless satisfactory arrangements are made
to pay such delinquent copayments.
(8) Owes a child
care overpayment or the caretaker fails to make or comply with arrangements to
repay a child care overpayment.
(M) The county
agency may terminate a caretaker's eligibility for child care benefits, after
providing hearing notice rights as required by applicable rules in division
5101:6 of the Administrative Code, if the caretaker or designee:
(1) Does not comply
with Ohio electronic child care (ECC), which includes, but is not limited to,
use of the swipe card, manual claims and adjustment processing.
(2) Does not comply
with a review conducted by ODJFS pursuant to rule 5101:2-16-72 of the
Administrative Code.
(N) The county
agency shall not terminate child care benefits pursuant to paragraph (L)(5) of this rule if any of the following criteria are
met:
(1) A caretaker has
not utilized child care benefits because the caretaker has not participated in
an education or training activity which prepares the caretaker for paid
employment due to a scheduled break in the education or training activity. This
scheduled break cannot exceed one quarter or one semester.
(2) A caretaker has
not utilized child care benefits due to an inability to arrange placement with
an eligible provider of the caretaker's choice.
(3) A caretaker has
not utilized child care benefits due to a child's visitation with a
non-residential caretaker.
(O) The county
agency shall assist migrant families in obtaining appropriate documentation in
order to expedite the migrant family's determination of eligibility for child
care benefits.
(P) If a caretaker
moves to another county, all counties shall use the procedures outlined by
ODJFS for transferring cases between counties.
(Q) Notice and
hearing requirements contained in division 5101:6 of the Administrative Code
shall apply to determinations of eligibility for child care benefits. The
county agency shall issue a notice of a change in child care benefits to the
caretaker within ten calendar days from the date the change of circumstance was
reported by the caretaker.
Effective: 10/1/2017
Five Year Review (FYR) Dates: 5/1/2019
Certification: CERTIFIED ELECTRONICALLY
Date: 09/15/2017
Promulgated Under: 119.03
Statutory Authority: 5104.38, 5104.34
Rule Amplifies: 5104.30, 5104.38, 5104.34, 5104.32
Prior Effective Dates: 7/29/91, 11/1/91 (Emer.), 1/20/92,
1/1/94, 1/2/96 (Emer.), 3/1/96, 10/1/97 (Emer.), 12/30/97, 1/1/99, 2/14/02,
4/1/03, 7/1/05 (Emer.), 9/26/05, 2/1/07, 2/1/08, 7/1/09, 3/28/10, 8/28/11,
5/4/14, 9/14/14, 2/22/15, 9/28/15, 06/26/2016