(A) What are the
requirements for publicly funded child care?
(1) The caretaker shall complete an
application for publicly funded child care.
(a) To begin the application, the caretaker
shall submit one of the following:
(i) The JFS 01138 "Application for
Child Care Benefits" (rev. 10/2017) or its electronic equivalent with the
caretaker's name, address, and signature.
(ii) The JFS 01121 "Early Childhood
Education Eligibility Screening Tool" (rev. 10/2017) and the JFS 01122
"Publicly Funded Child Care Supplemental Application" (rev. 10/2017)
with the caretaker's name, address, and signature.
(b) The application shall be considered
complete when the caretaker has submitted all of the following:
(i) The application for publicly funded
child care pursuant to paragraph (A)(1)(a) of this rule and all information
about the caretaker's household.
(ii) Verification of citizenship or qualified
alien status for children in need of care.
(iii) Verification of income for all household
members pursuant to rule 5101:2-16-34 of the Administrative Code.
(iv) Verification of a qualifying activity for
all caretakers.
(v) The name and address of an eligible
provider chosen for each child in need of care.
(c) The caretaker shall complete the
application process within thirty calendar days from the date the county agency
receives the JFS 01138, the JFS 01121 or the JFS 01122.
(1)(2) The family must meet the income requirements:
(a) Initially, a
caretaker may be eligible for publicly funded child care if the family's gross
monthly income is at or below one hundred thirty per cent of the federal
poverty level (FPL).
(b) On-going
eligibility may be maintained if the family's gross monthly income is at or
below three hundred per cent of the the FPL.
(c) These amounts
will be published annually in a child care procedure letter.
(2)(3) The caretaker must be participating in one or
more of the following approved activities:
(a) Paid employment
on a full-time or part-time basis.
(i) Paid employment includes the following
if verification is provided confirming the employee will return to work:
(a) Maternity leave.
(b) Leave taken in
accordance to the Family and Medical Leave Act of 1993 (FMLA).
(c) Short term
disability leave.
(ii) The end of seasonal paid employment
shall not be considered paid employment.
(b) A training or
education activity that prepares the caretaker for paid employment.
(c) Requirements
set forth as a result of participation in Ohio works first (OWF) or the
supplemental nutrition assistance program (SNAP) including:
(i) Caretakers who
receive OWF cash assistance may be eligible for child care benefits if child
care is necessary for the caretaker to comply with the requirements of a
self-sufficiency contract.
or an individual opportunity plan.
(ii) Caretakers who
are participating in an approved activity in order to meet OWF requirements if
the caretaker is sanctioned under OWF.
(iii) A minor
parent who participates in the learning, earning and parenting (LEAP) program
pursuant to rule 5101:1-23-50 of the Administrative Code.
(iv) Caretakers who
participate in the SNAP employment and training program may be eligible for
child care benefits if child care is necessary for caretakers to comply with
the requirements of their SNAP employment and training program plan.
(3)(4) A child in receipt of publicly funded child
care mustshall:meet the citizenship requirements outlined in paragraph (Q) of
this rule.
(a) Be under age thirteen at the time of
application and may remain eligible through the end of the eligibility period
in which they turn thirteen; or
(b) Be under age eighteen at the time of
application if the child meets the definition of special needs pursuant to
paragraph (U) of rule 5101:2-16-01 of the Administrative Code, and may remain
eligible through the end of the eligibility period in which they turn eighteen.
(c) Meet the citizenship requirements
outlined in paragraph (Q) of this rule.
(4)(5) The family shall not have more than one
million dollars in cash, checking or savings accounts.
(B) Who is included
in a family?
A family is any of the following:
(1) One or more
caretaker(s) and all minor children who reside with the caretaker in the same
household.
(2) A caretaker,
the caretaker's minor child and the child of the minor child when all reside in
the same household unless the minor child is participating in the LEAP program.
(3) A caretaker who
has shared custody of minor children when all the children reside with the
caretaker in the caretaker's household.
(4) A caretaker who
is a foster parent or stepparent and all of the minor children who reside with
the caretaker in the same household.
(5) Married
caretakers and all minor children who reside with the caretakers in the same
household.
(6) Unmarried
caretakers who live in the same household with a common child and all of the
minor children who reside with them. Both caretakers shall be a caretaker for
all the children in the family.
(C) Can child care
be approved if a second caretaker is temporarily absent from the household,
pursuant to paragraph (W) of rule 5101:2-16-01 of the Administrative Code?
When the family is currently eligible for publicly funded child
care, eligibility may continue when a second caretaker is temporarily absent.
(1) The following
is a list of temporary absences that may be considered:
(a) Attendance at
school.
(b) Trip made in
connection with current or prospective employment.
(c) Service in the
military when it is the sole reason for the absence.
(d) Vacationing.
(e) Serving a jail
sentence
(2) The temporarily
absent caretaker is used in the determination of eligibility in the following
manner:
(a) The caretaker
is counted in household size.
(b) The income
contributed to the household by the absent caretaker is counted in the
determination of eligibility pursuant to rule 5101:2-16-34 of the
Administrative Code.
(c) The caretaker's
activity shall not be considered when determining authorizations for child care
and the caretaker is not considered available for care.
(D) Can child care
be approved if a second caretaker is absent from the home for more than
forty-five days?
If a second caretaker is absent from the home for more than
forty-five days, the caretaker shall not be included in the household for
determining eligibility for child care.
(E) Can child care
be approved for basic education classes?
(1) A caretaker who
is engaged in basic education activities that take place at an official
practice center site or part of a limited English proficiency program where an
instructor is present, may be eligible for child care.
(2) Basic education
classes are defined as follows:
(a) High school or
equivalent education.
(b) Remedial high
school education.
(c) Adult basic and
literacy education (ABLE).
(d) Education for
individuals with limited English proficiency.
(F) What
documentation is needed to verify basic education classes?
The following documentation shall be provided by the caretaker:
(1) Proof of enrollment,
the days and hours the caretaker is attending and the length of the class prior
to care being authorized. When the class has open enrollment and no established
end date, the caretaker shall provide proof of how often progress is measured.
The county agency shall review progress no later than twelve months from the
date care was authorized.
(2) Proof of
initial testing, within the first month of class participation, showing the
caretaker's education and/or literacy level for activities listed in paragraph
(E)(2) of this rule.
(G) Can child care
be approved for post-secondary education activities?
(1) Post-secondary
education activities are defined as: college classes, technical classes or
vocational classes that are part of a course of study leading to a degree, a
certificate or a license.
(2) The classes
shall be approved by an accredited institution of higher education, an
institution that has a certificate issued or has authorization from the Ohio
board of regents or an institution that has a registration from the state board
of school and college registration.
(3) When education
activities are accessed via electronic media, the number of hours approved for
child care shall not exceed the number of credit hours per week for the course,
as defined by the educational institution.
(4) A caretaker who
is engaged in post-secondary education shall not be eligible for child care if
the caretaker has completed the requirements for a baccalaureate degree unless
the education is necessary to meet specific requirements associated with
maintaining the caretaker's employment, certification or licensure.
(5) A caretaker who
has completed one hundred forty-four undergraduate semester hours or two
hundred sixteen undergraduate quarter hours, or the combined equivalent hours,
shall not be eligible for child care benefits for post-secondary education.
(6) A caretaker
must have a record of satisfactory participation as defined by the school or
institution.
(H) Can child care
be approved for vocational/occupational job skills training activities?
(1) Vocational and
occupational job skills training may be an approvable activity for publicly
funded child care.
(2) Job skills
training activities shall be limited to education that is directly related to
the individual's employment goal and shall be approved by an accredited
institution of higher education, an institution that has a certificate issued
or has authorization from the Ohio board of regents, or an institution that has
a registration from the state board of school and college registration.
(3) Job skills
training activities may include, but are not limited to:
(a) Classroom job
skills training.
(b) Supervised
on-the-job skills training.
(c) Refresher job
skills training.
(I) Can child care
continue if a qualifying activity ends and a new activity is scheduled to begin
within the next thirty days?
A caretaker, who is currently eligible for child care, shall be approvedcontinue to be
eligiblefor up to thirty days of child care if
the county agency has documentation that an approved activity is scheduled to
begin within the thirty-day period.
(1) The current authorization may be
extended to allow for care during the thirty-day time period.
(2) The new authorization begin date shall
be the scheduled begin date of the approved activity.
(J) Can child care
continue if a qualifying activity has ended and a new activity is not scheduled
to begin pursuant to paragraph (I) of this rule?
A caretaker, who is currently eligible for child care, shall
have child care continue if the county agency has notification that a
qualifying activity has ended. Authorization for care may continue pursuant to
paragraph (D) of rule 5101:2-16-35.1 of the Administrative Code, up to thirteen
weeks from the date the qualifying activity ends and
shall not extend beyond the current eligibility period.
(1) The continuation may not extend beyond
the end of the current eligibility period.
(2) Caretaker(s) shall only be eligible for
one continuation during a twelve month period from the date of the start of the
extension.
(K) What is
transitional child care?
A caretaker shall be eligible for transitional child care
benefits for the twelve-month period immediately following the end of
participation in OWF if the caretaker meets all of the initial and redetermination
requirements and all of the following apply:
(1) The caretaker
needs child care due to employment.
(2) The caretaker's
income does not exceed one hundred fifty per cent of the federal poverty level
(FPL). These amounts shall be published annually in a procedure letter upon
final release in the Federal Register.
(3) A caretaker who
is ineligible to participate in OWF pursuant to section 5101.83 or 5107.16 of
the Revised Code is not eligible for transitional child care.
(L) What is
protective child care?
Protective child care is publicly funded child care services
provided to assist in the care and protection of a child. Caretakers receiving
protective child care shall be determined eligible
without regard to income or assets and shall have their copayment waived
pursuant to rule 5101:2-16-39 of the Administrative Code. One of the following
requirements shall be met for protective child care:
(1) A case plan, as
required in section 2151.412 of the Revised Code is prepared and maintained for
the child and caretaker. The case plan shall indicate a need for protective
child care to permit the caretaker to complete requirements of the case plan.
Protective child care may be authorized only for a child who resides in the
home of the caretaker for whom the case plan is written.
(2) A caretaker and
child either temporarily reside in a facility providing emergency shelter for
homeless families or are determined by the county agency to be homeless, and
the caretaker is not participating in an approved activity. Homeless protective
child care is limited to ninety calendar days in a twelve month period, or the
period of time that the caretaker and child reside in an emergency shelter, or
the period of time when the caretaker and child are homeless, whichever period
is shortest.
(3) Kinship child care as defined in Chapter
5101:2-40 of the Administrative Code is not protective child care.
(M) What is a
category of authorization?
(1) The county
agency shall determine eligibility for publicly funded child care benefits and shall
authorize child care for periods that are reasonably related to the caretaker's
hours of employment, education or training.
(2) Authorizations
shall be made for one of the following categories:
(a) Hourly, which
is less than 7.0 hours per week.
(b) Part-time
weekly which is 7.0 to less than 25.0 hours per week.
(c) Full-time
weekly, which is 25.0 to 60.0 hours per week.
(d) Full-time
weekly plus, for hours greater than 60.0 as determined by the county agency.
(3) The category of authorization, determined
at the time the county agency determines eligibility, shall be maintained for
the entire eligibility period unless verification is submitted requiring an
increase to the category of authorization.
(N) Can child care
be approved for hours in addition to the hours the caretaker is participating
in an approved activity?
(1) Child care may
exceed twenty-four consecutive hours when the caretaker's hours of employment,
training or education indicate such a need.
(2) Travel time,
not to exceed four hours round trip, shall be allowed.
(3) Sleep time
shall be allowed on a case by case basis, not to exceed eight hours, for a
caretaker who participates in an activity where at least four hours occur
between midnight and six a.m.
(O) Can a child
continue attending a federally funded head start program if the caretaker is no
longer participating in a qualifying activity?
(1) A child
enrolled in a child care program that partners with a federally funded head
start program may remain eligible for child care benefits until the end of the
current head start program year if the county agency proposes termination of
child care due to an unmet eligibility requirement.
(2) To remain
eligible for continuation of child care benefits, the caretaker shall meet the
following eligibility requirements:
(a) The caretaker
shall meet the income eligibility requirements outlined in paragraph (A)(1) of
this rule.
(b) The caretaker
shall pay the assigned copayment.
(c) The caretaker
shall complete the redetermination process pursuant to rule 5101:2-16-37 of the
Administrative Code.
(d) The caretaker
shall not have been found guilty by a court of law for child care fraud.
(P) Can child care
be reinstated after termination of child care benefits?
(1) A caretaker may
be eligible for reinstatement of child care benefits within sixty days
following termination if the termination was due to income or the caretaker's
employment, training or education activity was interrupted.
(a) The caretaker
shall complete either a JFS 01126 "Request for Reinstatement of Child Care
Benefits" (9/2011) or a 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)the application for publicly funded child care defined in
paragraph (A)(1) of this rule. If the most recent period of eligibility
will expire within forty-five days of the request for reinstatement, the
caretaker shall complete aJFS 01138 or the JFS 01121 and the JFS 01122 the application for publicly funded child care defined in
paragraph (A)(1) of this rule.
(b) The maximum
monthly income limit for ongoing eligibility, as defined in paragraph (A)(1)(b)(A)(2)(b) of
this rule, shall be used to determine income eligibility.
(c) The copayment
amount shall be based on the current income and household size.
(d) The caretaker
shall verify that he or she is engaged in a qualifying employment, education or
training activity as required in this rule, and shall verify current income and
household size.
(e) The caretaker
shall not have an outstanding overpayment or outstanding delinquent copayment
unless a repayment plan is in place and the terms of the repayment plan are
being met.
(2) The caretaker
may be eligible only if the original eligibility period has not expired.
(3) The caretaker
is not eligible for reinstatement if the termination of eligibility was as a
result of a redetermination of eligibility.
(Q) What are the
citizenship requirements for child care?
(1) The county
agency shall verify the United States (U.S.) citizenship or immigration status
for children for whom a caretaker applies for child care benefits. If the
county agency verifies that a caretaker receives or has received OWF for a child,
verification of citizenship is not required.
(2) To be eligible
for child care, a child must be one of the following:
(a) A U.S. born
citizen. The caretaker shall provide a civilian birth, baptismal, church
certificate, or hospital record showing a birthplace in the U.S.
"Birthplace in the U.S." refers to an individual born in one of the
fifty states, District of Columbia, Puerto Rico, Guam, Northern Mariana
islands, U.S. Virgin islands, Swain island, or American Samoa.
(b) A foreign born
U.S. citizen. The caretaker shall provide a citizen certification, U.S.
passport, consulars certification of birth or certificate of naturalization as
verification.
(c) A qualified
alien. Qualified alien means one of the following:
(i) An alien who
is lawfully admitted for permanent residence under the Immigration and
Nationality Act (INA), 8 U.S.C. 1101 (1/14).
(ii) An alien who
is granted asylum under section 208 of the INA, 8 U.S.C. 1158 (1/3/12).
(iii) A refugee who
is admitted to the United States under section 207 of the INA, 8 U.S.C 1157
(1/3/12).
(iv) An alien who is
paroled into the United States under section 212(d)(5) of the INA, 8 U.S.C.
1182(d)(5), for a period of at least one year (3/2013).
(v) An alien whose
deportation is being withheld under section 243(h) of the INA, 8 U.S.C. 1253
(as in effect immediately before the effective date of section 307 of division
C of Public Law 104-208) or section 241(b)(3) of the INA, 8 U.S.C. 1231(b)(3)
(as amended by section 305(a) of division C of Public Law 104-208).
(vi) An alien who is
granted conditional entry pursuant to section 203(a)(7) of the INA, 8 U.S.C.
1153(a)(7) as in effect prior to April 1, 1980.
(vii) An alien who
is a Cuban or Haitian entrant (as defined in section 501(e) of the Refugee
Education Assistance Act of 1980).
(viii) A battered
alien who meets the conditions set forth in 8 U.S.C. 1641 (c)(1/3/12).
(ix) An alien who is
the victim of a severe form of trafficking as set forth in 8 U.S.C. 1641
(c)(4).
(x) An Afghan or
Iraqi alien admitted to the U.S. who was granted a special immigrant visa (SIV)
under section 101(a)(27) of the INA, 8 U.S.C. 1157.
(d) Except as
provided in paragraph (Q)(2)(e) of this rule, a child who is a qualified alien,
as defined in 8 U.S.C. 1641 and entering the United States on or after August
22, 1996 shall be required to live in the United States for five years before
being eligible for child care.
(e) A child in any
of the following categories is exempt from the requirement that he or she live
in the United States five years prior to eligibility:
(i) An alien who
is admitted to the United States as a refugee under section 207 of the INA,
U.S. C. 1157.
(ii) An alien who
is granted asylum under section 208 of the INA, 8 U.S.C. 1158.
(iii) An alien
whose deportation is being withheld under section 243(h) of the INA as in
effect prior to April 1, 1997 or whose removal is withheld under section
241(b)(3) of the INA, 8 U.S.C. 1231 (1/3/12).
(iv) An alien who is
a Cuban or Haitian entrant as defined in section 501(e) of the Refugee Education
Assistance Act of 1980.
(v) An alien
admitted to the United States as an Amerasian immigrant as described in 8
U.S.C. 1612(a)(2)(A)(v) (1/7/11).
(vi) The unmarried
dependent child of an alien meeting the veteran and active duty exception in 8
U.S.C. 1641(b)(2).
(f) The five year ban on eligibility does
not apply to qualified aliens who entered the United States before August 22,
1996 and have continued living in the United States, even if they did not meet
qualified alien status upon entry.
(g)(f) If the child is an alien, his or her status
may be verified by forms issued through the systematic alien verification for
entitlements (SAVE) program. In some instances validity of documents shall be
verified by submitting the department of homeland security, "Document
Verification Request" form G845S (5/20/15) to the appropriate office,
along with the proper documentation.
Effective: 10/1/2017
Five Year Review (FYR) Dates: 3/1/2019
Certification: CERTIFIED ELECTRONICALLY
Date: 09/15/2017
Promulgated Under: 119.03
Statutory Authority: 5104.38, 5104.34
Rule Amplifies: 5104.01, 5104.42, 5104.382, 5104.38, 5104.34,
5104.30
Prior Effective Dates: 11/1/91 (Emer.), 1/20/92, 7/6/92 (Emer.),
10/1/92, 7/2/93 (Emer.), 8/20/93, 1/1/94, 10/2/95 (Emer.) 12/26/95, 7/1/97 (Emer.),
10/1/97 (Emer.), 12/30/97, 1/1/99, 5/12/02, 6/9/03, 7/1/05 (Emer.), 10/1/05,
7/1/06, 2/1/07, 7/1/07, 7/1/08, 7/1/09, 7/23/09 (Emer.), 10/21/09, 7/1/11
(Emer.), 9/29/11, 6/23/13, 3/2/14, 9/14/14, 2/22/15, 9/28/15, 06/26/2016