This letter transmits changes with the proposed effective date of September 1, 2003. If there are any changes made to the rules contained in this CAMTL/FSTL during the JCARR review period, corrected rules will be sent out in the next CAMTL/FSTL.

LEAP Program Changes

Due to the expiration of our federal 1115 waiver authority to operate LEAP in its existing form, the policy regarding LEAP participation is being modified to ensure that our OWF cash assistance policy comports with federal TANF provisions.

A letter was sent from the Office of Family Stability to county directors and administrators in February 2003 to provide advance notice of some of the LEAP policy changes being developed. Since the issuance of that letter, some modifications have been made to the policy changes listed in the February 2003 letter, including the date of implementation. Detailed descriptions of modifications made to the policy after clearance are included and noted as such in this letter. The policy changes have been made so that we adopt the simplest, most consistent and supportable approach to the treatment of teen parents within the parameters of federal and state law. The implementation date has been delayed until September 1, 2003, to ensure that system support for the policy changes is complete. Because September 1, 2003 is a state and federal holiday, the rules will show an effective date of August 29, 2003, however, the policy is effective September 1, 2003.

The changes to the LEAP policy and the modifications to the LEAP forms were sent out for comment in separate clearance packages. This letter contains the finalized LEAP policy as well as the modified LEAP forms. Through the clearance processes, we received several suggestions with respect to certain aspects of the draft policy and related forms, and have incorporated those recommendations in either the policy, the forms or in this cover letter as appropriate. We made every attempt to address and resolve all issues that were identified during the clearance process, and thank those who sent us their thoughtful recommendations.

A more detailed description of each of the major policy changes that are contained in the LEAP rule and related policies follow.

Rule 5101:1-23-50: OWF - The Learning, Earning, And Parenting (LEAP) Program (CCN 5080)

I.Ineligibility of minor parent not in school:

In accordance with federal TANF policy, a minor parent, under the age of 18, not married, who has a child in his/her care at least 12 weeks of age, and who has not successfully completed high school or the equivalent, is not eligible for OWF if he/she is not participating in educational activities directed toward the attainment of a high school diploma or its equivalent; or an alternative educational or training program that has been approved by the State.

Following further analysis of this federal provision and its effect on our LEAP population, we have slightly broadened the applicability of this ineligibility provision. Specifically, our policy provides that, regardless of marital status, a minor parent under the age of 18 who is not exempt, who has a child in his/her care at least 12 weeks old, and who has not successfully completed high school or the equivalent, is not eligible for OWF if he/she is not attending school or an alternative education program that has been approved by the CDJFS.

The determination of whether the minor parent meets these conditions resulting in ineligibility shall be made through the LEAP assessment process, so that the minor parent is advised of the school attendance requirement and that failure to do so results in the minor parent's ineligibility to participate in OWF until the minor parent meets an exemption, or is otherwise determined to be no longer subject to this eligibility requirement. (Supporting changes to rules 5101:1-3-15, OWF: Penalties and Sanctions, and 5101:1-23-10 OWF: Standard Filing Unit, have also been made to reflect this policy. These amended rules are also included in this CAMTL.)

This specific policy change also eliminates the application of the $62 enrollment sanction previously provided in LEAP policy. As of September 1, 2003, there is no $62 enrollment sanction - instead, the minor parent is ineligible to participate in OWF until that minor parent enrolls in school (or is otherwise determined to be no longer subject to this requirement). Additionally, a minor parent who is enrolled in school who subsequently officially withdraws from school must be removed from the OWF assistance group until compliance or an exemption is met.

II.Removal of 19 year olds from LEAP participation

The LEAP target population has been revised to remove 19 year olds. The LEAP target population is applicable to pregnant and parenting teens who are under the age of 19. With this policy change, 19 year old parents are considered adults and subject to the work participation requirements set forth in sections 5107.40 to 5107.70 of the Revised Code.

III.LEAP Assessment

The LEAP assessment process is also being modified.

If a minor parent meets one of the three exemptions set forth in paragraph (D)(1) to (D)(3) of the rule and listed below, the teen does not have to attend a LEAP assessment and orientation interview, until or unless the teen's circumstances change and the teen no longer meets one of the three exemptions. At a minimum, these exemptions should be examined at each reapplication. The exemptions are:

(1)the teen is a parent of a child under the age of twelve weeks;

(2)the teen is excused from compulsory school attendance in accordance with Section 3321.04 of the Revised Code for the purpose of home education; and

(3)the teen is participating in an internet or community-based computer school as defined in Section 3314.02 of the Revised Code.

All minor parents identified as potential LEAP teens who do not meet the three exemptions set forth in paragraphs (D)(1) to (D)(3) of the rule, must attend a LEAP assessment and orientation interview.

Because of the change in the eligibility requirements applicable to teen parents, the assessment of the teen must be conducted prior to approval of OWF. This is necessary because the teen may be ineligible to be included in the OWF assistance group if the teen fails to be assessed and enroll in school. During the LEAP assessment process, the teen will be advised of the LEAP program requirements, including the consequences for not enrolling in and attending school. Also, the determination of whether the teen meets any of the exemptions from LEAP participation set forth in paragraphs (D)(4) to (D)(10) of the rule, is made during the LEAP assessment process. (A brief description of the exemptions identified in paragraphs (D)(4) to (D)(10) of the rule is contained later in this cover letter.)

Failure to attend the LEAP assessment and orientation interview results in one of two consequences, depending upon the age of the teen parent, because the policy providing for the ineligibility to participate in OWF is specific to teen parents under the age of 18. Therefore, following are the two possible consequences:

• If the teen is under age 18, and not exempt from LEAP participation pursuant to the provisions set forth in paragraphs (D)(1) to (D)(3) of the rule, failure without good cause, to attend the assessment interview results in the ineligibility to participate in OWF for the teen. Reason code 471 has been modified to reflect the new policy.
• If the teen parent is age 18, and not exempt from LEAP participation pursuant to the provisions set forth in paragraphs (D)(1) to (D)(3) of the rule, failure without good cause, to attend the assessment interview results in a referral for work participation in accordance with the provisions set forth in sections 5107.40 to 5107.70 of the Revised Code.

During the clearance process, we received questions and recommendations regarding the treatment of 18 year old individuals and the LEAP assessment process. Because the ineligibility penalty for failure to attend the LEAP assessment is applicable only to minor parents under the age of 18, the rule provides for the referral of the 18 year old teen parent who fails to attend the LEAP assessment for participation in a work activity. Several commenters asked if it would be possible to schedule 18 year old teen parents for one assessment appointment that would include a LEAP assessment as well as the work activity appraisal interview pursuant to Section 5107.41 of the Revised Code, and completion of a self-sufficiency contract, if applicable, pursuant to Section 5107.14 of the Revised Code. Upon review, we agree that scheduling one appointment for teens who are 18 makes sense, and we support this approach to addressing this issue. We have determined that there is nothing in our rule nor in existing statute that would preclude a county from utilizing this approach for teen parents who are age 18, and encourage this approach to the treatment of 18 year old parents.

IV.Exemptions from participation

The reasons for exemption from LEAP participation have been modified due to the federal TANF provisions. As stated previously in this letter, if the CDJFS determines that the teen meets one of the exemptions set forth in paragraphs (D)(1) to (D)(3) of the rule, the teen parent does not have to be assessed. The exemptions are:

(1)The teen is the caretaker of a child under 12 weeks old; or

(2)The teen is excused from compulsory school attendance in accordance with section 3321.04 of the Revised Code for the purpose of home education; or

(3)The teen is participating in an internet or community-based computer school as defined in section 3314.02 if the Revised Code.

A teen determined exempt in accordance with the provisions in numbers (1) through (3) above, is excused from the LEAP assessment and orientation requirement, and from LEAP program participation for as long as the teen meets the exemption. In evaluating whether the teen meets one of these three exemptions, the CDJFS must obtain verification for retention in the case record, document in CLRC (running record comments) that the teen is exempt due to one of these conditions, and that the CDJFS has verification to support the exemption. An exempt teen does not earn any of the LEAP bonuses or LEAP sanctions.

There are other exemptions from participation in LEAP, which are defined in paragraphs (D)(4) to (D)(10) of the rule. The exemptions identified in these paragraphs are exemptions contained in the previous LEAP policy, including situations where child care is needed, but child care is unavailable, or transportation to or from school or day care is necessary, but it is unavailable. Eligibility for these exemptions must be determined to exist through the LEAP assessment and orientation interview process. In addition, although the teen meets one of the exemptions in (D)(4) to (D)(10) of the rule, and is exempt from regular LEAP participation, the teen must be assigned to an alternative educational or training program defined by the CDJFS in order to be eligible to participate in OWF. A teen assigned to an alternative educational or training program defined by the CDJFS due to meeting one of the exemptions set forth in paragraphs (D)(4) to (D)(10) does not earn any of the LEAP bonuses or LEAP sanctions.

V.Enrollment

A teen who does not meet any of the exemptions defined in paragraph (D) of the rule, is required to enroll in and attend school in order to be eligible to participate in OWF.

VI.Consequences for failure to enroll or withdrawal from school

If a teen does not meet an exemption, and fails to provide proof of enrollment, or officially withdraws from school, the CDJFS must propose one of the following two actions:

• A teen who is under 18 who fails to enroll in school as assigned, or officially withdraws from school is ineligible to participate in OWF. Thus, if the teen fails to enroll as required, OWF assistance for the remaining members of the assistance group should be approved, excluding the needs of the teen. If the teen is initially determined eligible because the teen complied with the assessment and enrollment requirements, and subsequently officially withdraws from school, the teen must be removed from the assistance group. Reason codes 472 and 473 have been modified to reflect the new policy.
• A teen who is age 18 who fails to enroll in school as assigned, or officially withdraws from school shall be referred for participation in a work activity and completion of a self-sufficiency contract as set forth in sections 5107.14, and 5107.40 to 5107.70 of the Revised Code.

VII.Consequences for failure to comply with alternative educational or training program

Teens who meet one of the exemptions in paragraphs (D)(4) to (D)(10) of the rule must be assigned to an alternative educational or training program defined by the CDJFS, in order to be eligible to participate in OWF. Failure by the teen to comply without good cause with this assignment will result in one of the following two consequences:

• A teen who is under the age of eighteen who fails without good cause to comply with the alternative educational or training program assignment defined by the CDJFS is ineligible to participate in OWF. This is a prospective change that is outside the LEAP retrospective cycle. New negative reason code 694 has been created to address this situation.
• A teen who is age eighteen who fails without good cause to comply with the alternative educational or training program assignment defined by the CDJFS shall be referred for participation in a work activity and completion of a self-sufficiency contract as set forth in sections 5107.14 and 5107.40 to 5107.70 of the Revised Code.

VIII.LEAP Attendance bonuses and sanctions

The policy regarding the payment of the LEAP attendance bonus for a teen who is not exempt remains unchanged. A $62 attendance bonus shall be provided to each teen in the payment month who meets the attendance requirements in the attendance month set forth in the rule. A $62 attendance sanction shall be applied in the payment month to the OWF payment for the teen's assistance group if the teen fails without good cause to meet the minimum attendance requirement in the attendance month.

IX.Elimination of the mandatory face-to-face interview requirement after 2 consecutive months of LEAP sanctions

The rule provides policy that the reassessment process is an ongoing process, and it is our position that the CDJFS case manager is in the best position to determine when to require that the teen be reassessed, or appear in the agency for an interview. Thus, we have removed this requirement from the rule.

X.Elimination of the more severe LEAP sanction after 6 consecutive months of LEAP sanctions

The more severe LEAP sanction (i.e, the OWF payment was reduced by not taking into account the needs of the mandatory LEAP participant and the participant's child(ren) after the imposition of 6 consecutive months of a $62 LEAP sanction) has not provided counties with an effective tool for modifying LEAP teen behavior. As a result, this provision has been removed from the LEAP program policy. All existing sanctions under this provision will be end dated as of August 31, 2003.

Reason code 542 has been inactivated.

XI.Illustration chart

Following is a chart to illustrate the changes in the LEAP penalties:

Related Changes

Rule 5101:1-1-01 Temporary Assistance for Needy Families (TANF) Definitions (CCN 5080)

Modification of the statutory definition of "minor head of household":

Federal TANF regulations require the imposition of time-limited assistance and participation in work activities for all adults and minor heads of households. There is no federal definition of minor head of household, and in our research we have found that some states have re-examined their previously automatic designation of head of household status to minor parents when there is no adult included in the assistance group.

In Ohio, statutory language requires that all unmarried minor parents live with a parent, specified relative or in an adult-supervised living arrangement, in order to be eligible to participate in OWF. While the OWF check may be sent in the unmarried minor parent's name, the minor parent must live in a household situation where there is also an adult-supervised living arrangement. Based on this living arrangement requirement, we have determined that it is permissible for us to further define minor head of household by removing all unmarried minor parents from consideration as minor heads of households. Therefore, an unmarried minor parent will not be considered to be a minor head of household.

The above statutory living arrangement does not apply to married minor parents. This means that the OWF benefit is paid to a married minor parent who is not required to reside in an adult-supervised living arrangement. As a result, a married minor parent must be considered to be a minor head of household. Amended Substitute House Bill 95 included a modification to the definition of minor head of household contained in section 5107.02 of the Revised Code. The minor head of household definition is modified as follows:

"Minor head of household" means a minor child who is either of the following:

(1)Is married, at least six months pregnant and a member of an assistance group that does not include an adult;

(2)Is married, and a parent of a child included in the same assistance group that does not include an adult.

The modification to the minor head of household definition serves to remove time limit provisions for all teen parents who are required to reside in an adult-supervised living arrangement (i.e., because they will no longer meet the new definition of minor head of household.) This will allow us to provide OWF to these teen parents while they attend school and work toward the achievement of a high school diploma, without imposing the additional burden of a lifetime time limit for receipt of cash assistance. Supporting changes to rule 5101:1-1-01 have been made to modify the definition of minor head of household.

NOTE: System changes are in place to correctly identify minor heads of household under the new definition effective September 1, 2003. Since the statutory definition changed effective July 1, 2003, we will be providing a list of individuals who no longer met the new definition of minor head of household as of July 1, 2003. The months of July and August 2003 will need to be removed manually from AEITL. Another view flash bulletin will be issued when the reports are generated.

Rule 5101:1-3-01 OWF: Definitions of Assistance Group Composition for Work Participation Rates (CCN 5080)

Removal of LEAP participation by teens who are not minor heads of households as countable in the work participation rate calculation:

Because of our approved waiver, we were permitted to count LEAP participation by any assistance group member toward the work participation rate, whether they met the definition of minor head of household or not. With the expiration of the waiver, federal regulations only permit work participation by minor heads of households as countable toward the work participation rate calculation. This means that only participation by minor heads of households in LEAP, home-schooling or internet or community-based computer schooling will count toward the federal and state work participation rate. LEAP participation, home schooling, and internet community-based computer school by teens who are not minor heads of households will not count toward the calculation of the federal or state work participation rate. Modifications to rule 5101:1-3-01 and to the federal TANF reporting subsystem have been made to support this change.

Rule 5101:1-3-15 OWF: Penalties and sanctions (CCN 5080)

In addition to modifying the rule to include the ineligibility of the teen who is not exempt from LEAP participation, and who fails to comply with the assessment and orientation and /or enrollment requirements, two additional and unrelated amendments to rule 5101:1-3-15 have been made.

The two additional changes made with this rule amendment are not related to the LEAP program changes. Rather, this rule is being amended to add the following provisions:

• New paragraph (A)(2) is being amended to add another penalty condition under which the assistance group is ineligible, but not subject to a sanction. Specifically, if a required member of the assistance group fails to appear or complete an appraisal or assessment interview as required by sections 5107.41 and 5107.70 of the Revised Code, the assistance group is ineligible to participate in OWF; and
• Paragraph (A)(3) is being amended to include language regarding the applicability of the voluntary termination of employment without just cause by a member of a transitional medicaid or transitional child care assistance group. Specifically, the paragraph now includes language which requires that in order for the six month penalty to be appropriate, the transitional medicaid or transitional child care assistance group had to have been in receipt of OWF cash assistance on the day prior to the assistance group becoming eligible for transitional medicaid or transitional child care.

Rule 5101:1-23-10 OWF standard filing unit (CCN 5080)

This rule is being modified for two reasons. First, the rule is being amended to add language at paragraph (B)(11) that provides for the exclusion from the OWF standard filing unit of a minor parent under the age of eighteen who: has a child in his/her care at least 12 weeks of age; who has not successfully completed high school or the equivalent, is not eligible for OWF if he/she is not participating in educational activities directed toward the attainment of a high school diploma or its equivalent; or an alternative educational or training program that has been approved by the CDJFS.

The second reason that the rule is being amended is unrelated to the LEAP program changes. This additional amendment is being made to modify the process for creation of the standard filing unit in the specific and unique situation when an adult individual and his/her child is eligible for OWF, and the adult is also the legal custodian or guardian of another child(ren) who, while not related to the adult, is a half-sibling to the adult's child. Prior to this policy change, because of the relationship between the minor children, all of these individuals would have been included in the same OWF standard filing unit.

Ohio Revised Code Section 5107.11(C) provides that: "A guardian or custodian may not be a member of the assistance group of the minor child for whom the guardian or custodian is guardian or custodian, unless the guardian or custodian is a specified relative of the minor child." While the Revised Code language is silent with respect to the specific circumstance when a minor child residing with a guardian or custodian is a half-sibling to the minor child of the guardian or custodian, a literal application of the Revised Code language would result in the creation of two separate assistance groups - one with the adult guardian or custodian and his/her biological or adoptive child, and one with the minor child for whom the [unrelated] adult is the custodian or guardian. Because the Revised Code is silent on this specific circumstance, and after significant discussion and review, we have decided to modify our standard filing unit policy by adopting the literal application of section 5107.11(C).

This modification will have a positive outcome for those assistance groups that are affected. It will result in the provision of assistance separately for the children for whom the adult is the legal guardian or custodian, and will prevent the counting of the income of the unrelated adult toward the determination of eligibility for the children for whom the adult is the guardian or custodian, as well as prevent the termination of OWF for the unrelated children if/when the adult reaches the 36 or 60-month lifetime time limits for participation in OWF. This is also a positive change for the adult who has agreed to accept the role of guardian or custodian for the unrelated child, as the OWF eligibility for the child will be unaffected by the adult's OWF eligibility.

Rule 5101:1-23-40 OWF: Payments (No clearance)

This rule has been modified for two reasons related to the beginning date of aid. One reason is related to the LEAP program modifications, specifically to ensure that the LEAP-required individual is not eligible until the teen has enrolled in school. The beginning date of OWF cash assistance for a teen parent who is required to enroll in school as a condition of eligibility, is the date that the individual enrolls in school if all other eligibility factors were met on or before that date. Paragraph (B)(3)(d) has been added to the rule to address this issue.

Paragraph (B)(3)(a) is modified with a change unrelated to LEAP. This paragraph has been modified to provide clarification with respect to the beginning date of cash assistance for a pregnant woman. The new language that is added to paragraph (B)(3)(a) was language that was formerly contained in former PAM Section 3160.1.

Also, changes have been made in the rule at paragraphs (D) and (E) to replace references to DA with references to the DFA program.

LEAP Forms Modifications (CCN 5103)

The following forms have been modified to support the LEAP policy changes.

• JFS 06904, "LEAP - Learning, Earning, And Parenting Program Seven-Day Good Cause Notice"
• JFS 06905, "LEAP - Learning, Earning, And Parenting Program, An Agreement"
• JFS 06906, "LEAP - Learning, Earning, And Parenting Program Rules Booklet"
• JFS 06907, "LEAP - Learning, Earning, And Parenting Program School Information Release Form"

There have been no other significant modifications to the forms. All of them have been modified to remove any reference to the LEAP demonstration waiver requirements, references to the independent evaluator for the demonstration project, and updated to correctly reflect the policy modifications that are effective with the issuance of the LEAP policy changes.

FOOD STAMPS

Rule 5101:4-3-09 Food stamps: Ohio works first (OWF) appraisal, self-sufficiency contract requirements, and sanctions (CCN 5085)

This rule is being amended to add that the failure or refusal of a minor parent to attend the LEAP assessment, or to enroll in school, or withdrawal from school, will result in ineligibility for that individual. Rule 5101:4-3-09 is being modified with an effective date of September 1, 2003, to state that all minor parents who fail or refuse to complete the LEAP assessment, enroll in school, or withdraw from school, will be ineligible to participate in the food stamp program.

System changes

CRIS-E system modifications have been made to support the changes in the LEAP program policy, and related changes outlined in this cover letter. Specific CRIS-E actions and activities were outlined in detail in CLVB Titled "Changes to the LEAP Program" dated 7/23/03.

Instructions:

CASH ASSISTANCE MANUAL INSTRUCTIONS:

FOOD STAMP MANUAL TRANSMITTAL INSTRUCTIONS: