The county agency, in accordance with Chapter 5104. of the
Revised Code, shall comply with all provisions of this rule and shall:
(A) Accept any
gift, grant, or other funds from public or private sources offered
unconditionally or under conditions which are, in the judgment of the Ohio
department of job and family services (ODJFS), proper and consistent with
Chapter 5104. of the Revised Code and deposit such funds in the county public
assistance fund established by section 5101.161 of the Revised Code.
(B) Submit a plan
to ODJFS for approval that assures the application process is as accessible to
the public as possible and complies with section 5104.33 of the Revised Code.
The county agency shall submit any revisions of the plan to ODJFS. The plan
shall include procedures for making application forms available at locations
selected by the county agency and making arrangements that enable caretakers to
complete the application process at times outside their normal working hours
and at locations convenient to the applicant. Arrangements may include but are
not limited to the following:
(1) Stationing
county agency employees at various sites in the county for the purpose of
assisting applicants in completing the application process and for making eligibility determinations at those locations.
(2) Assigning
county agency employees to hours of employment outside the normal working hours
of the county agency to collect information relevant to applications for
publicly funded child care and to make eligibility determinations.
(3) Providing
training and technical assistance to individuals or agencies so they may assist
families in completing the application process and, where applicable, in making
eligibility determinations.
(4) Extending the
county agency hours of operation to accommodate the needs of employed
caretakers and to enable them to apply for child care services.
(5) Designating an agency computer to assist
applicants in submitting an online application.
(C) Provide
caretakers with complete written explanations of the following:
(1) Instructions on
how to apply for publicly funded child care.
(2) Factors used in
determining eligibility including family income, family size, ages of family
members and the caretaker's hours of employment, training or education.
(3) The caretaker's
responsibility for reporting changes of information that may affect
eligibility.
(4) The
consequences to the caretaker for failure to accurately and completely report
information or changes, including:
(a) A repayment of
child care benefits pursuant to rule 5101:2-16-70 of the Administrative Code.
(b) Termination or
denial of child care benefits.
(c) Penalty of fine
and/or imprisonment if a court action renders a finding that the caretaker
fraudulently received child care benefits for which the caretaker was not
eligible.
(D) Allow eligible
caretakers a choice from all available child care providers who are certified
or licensed. The county agency shall make available a current list of all
certified and licensed providers in the county. The county agency shall provide
selected portions of the list or the complete list as requested by the
caretaker to facilitate parental choice. Such lists shall include, but are not
limited to:
(1) Reasonable
access to the child's home or school. Publicly funded child care may only be
provided in a child's own home by an in-home aide.
(2) Reasonable
access to the caretaker's place of employment, education or training.
(3) Reasonable
access to special child care needs as specified by the family.
(E) Cooperate with
ODJFS for the recruitment of licensed providers and certified in-home aides to
meet the need for publicly funded child care in the county.
(F) Report to
ODJFS any known or suspected violations of Chapter 5104. of the Revised Code or
the rules promulgated pursuant to that chapter regarding licensed child care
centers, approved child day camps, school child programs, type A homes, or type
B homes.
(G) Retain records
in accordance with Chapter 149. of the Revised Code. Records shall be
maintained a minimum of three years or until an audit is completed, if one has
been initiated within a three-year period, to document compliance with child
care requirements. The records shall include, but not be limited to, those
required by Chapters 5101:2-12, 5101:2-13, 5101:2-14, 5101:2-16, 5101:2-17 and
5101:2-18 of the Administrative Code.
(H) Report all
child care information required by ODJFS data and payment information systems.
(1) The county
agency shall transmit all data regarding child care eligibility and
authorizations on a daily basis as required in the child care information data
system (CCIDS) or other data systems required by ODJFS.
(2) The county
agency shall provide caretakers with a verification checklist no later than ten
calendar days following the receipt of a JFS 01138
"Application for Child Care Benefits" (rev. 6/2016or the receipt of
both the JFS 01121 "Early Childhood Education Eligibility Screening
Tool"(3/2016)and the JFS 01122 "Publicly Funded Child Care
Supplemental Application" (6/2016)an
application for publicly funded child care as defined in rule 5101:2-16-30 of
the Administrative Code, with notification of the requirements needed to
complete the eligibility determination process.
(3) The county
agency shall submit eligibility data no later than five days following the date
eligibility is determined or no later than five days following any reported
changes to a case that affect eligibility or authorizations.
(4) The county
agency shall assign each family a payment code according to the family's
programmatic eligibility for publicly funded child care benefits.
(I) Limit access
to and use of CCIDS to the extent necessary to meet the requirements of the
publicly funded child care program under the Child Care and Development Block
Grant Act (CCDBG) of 1990, established in section 5082 of the Omnibus Budget
Reconciliation Act of 1990, 104 Stat. 1388-236 (1990), 42 U.S.C. 9858,
(11/2014) and reauthorized by the CCDBG Act of 2014.
(1) Personnel
having access to CCIDS shall be limited to those persons who have been trained
in the confidentiality requirements of ODJFS, who are informed of all
penalties, who have been trained in security procedures and who have signed the
JFS 07078 "Code of Responsibility" (rev. 6/2009).
(2) The county
agency shall monitor access to and use of CCIDS to prevent and promptly
identify any unauthorized use.
(3) The county
agency shall ensure that all personnel who have access to, may have access to
or are required to use CCIDS are informed of applicable requirements and
penalties and have been trained in security procedures.
(J) Process manual
claims for a child's attendance not recorded in the Ohio electronic child care
(ECC) system. The county agency shall:
(1) Enter data from
the JFS 01261 "Publicly Funded Child Care Manual Claim for
Attendance" (rev. 9/2014) into the administrative terminal (AT) no later
than thirty calendar days from the date the county agency receives a completed
JFS 01261.
(2) Reject a JFS
01261 if it has not been submitted by the provider within seven weeks from the
week of service being submitted unless otherwise determined by the bureau of
state hearings.
(3) Reject a JFS
01261 submitted for care provided during the current back swipe period unless
otherwise determined by the bureau of state hearings.
(4) Notify the
provider within five business days of the rejection of a JFS 01261.
(K) Process the JFS
01211 "Request for Payment of Publicly Funded Child Care Services Provided
for a Denial of Application" (9/2014). The county agency shall:
(1) Review the JFS
01211 for accuracy and forward to ODJFS within thirty calendar days of receipt
if payment has been approved.
(2) Notify a
provider within thirty-five business days of receipt if the JFS 01211 has been
denied.
(L) Process
adjustments to provider payments for publicly funded child care. The county
agency shall:
(1) Submit the JFS
01292 "Publicly Funded Child Care Request for Ohio ECC Payment
Adjustment" (rev. 9/20147/2017) to ODJFS no later than thirty calendar days
from the date the county agency receives a completed JFS 01292 from the
provider.
(2) Reject a JFS
01292 if it has not been submitted by the provider within seven weeks from the
week of service being submitted.
(3) Notify the
provider within five business days of the rejection of a JFS 01292.
(M) Cooperate and
participate in all reviews including but not limited to, fiscal, programming,
records, and other monitoring activities regarding publicly funded child care
by ODJFS or any entity acting on behalf of ODJFS, or the federal government.
(N) The county
agency may contract with an outside entity to:
(1) Determine eligibility
for publicly funded child care benefits in accordance with Chapter 5101:2-16 of
the Administrative Code.
(2) Collect
specific information for use by the county agency in determining eligibility
for publicly funded child care benefits.
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, 5104.30
Rule Amplifies: 5104.01, 5104.38, 5104.34, 5104.30
Prior Effective Dates: 4/1/82, 9/1/86, 5/1/89, 11/1/91 (Emer.),
1/20/92, 1/2/96 (Emer.), 3/1/96, 10/15/96, 10/1/97 (Emer.), 12/30/97, 1/1/02,
7/1/05 (Emer.), 9/26/05, 1/1/07, 2/1/08, 10/21/09, 3/28/10, 8/28/11, 5/4/14,
9/14/14, 2/22/15, 09/28/2015, 06/26/2016