This letter transmits revisions to rules and the creation of new rules with the proposed effective date of July 1, 2005. If there are any changes made to any of the rules during the JCARR review period, corrected rules will be sent out in the next CAMTL. This cover letter includes a summary statement of policy changes. Each statement references the clearance control number (CCN) assigned when the policy change was placed into the clearance process.

CHAPTER 1000

Rule 5101:1-1-03 Disclosure of Recipient Information, Nondiscrimination, and Treatment of Information Received from the IRS and Social Security (CCN 5408)

Throughout this rule the Disability Assistance program has been changed to Disability Financial Assistance (DFA) program.

In paragraph (A) of this rule, policy has been revised to state that Section 5101.27 of the Revised Code includes language which provides restrictions concerning information regarding public assistance recipients.

In paragraph (B)(2)(d) through (B)(5) of this rule, policy concerning the sharing of information related to medicaid eligibility has been removed as it is addressed within rule 5101:1-37-01.1 of the Administrative Code. (CCN 5408)

Policy has also been revised to align with changes required by Senate Bill 189 of the 125th General Assembly, which states that applicant/recipient information for the Ohio Works First (OWF), Disability Financial Assistance (DFA), and Prevention, Retention, and Contingency (PRC) programs be released to public utility services administering a program assisting needy individuals.

In paragraph (E) of this rule, the JFS 03607, "Medical Information Release Form" has been replaced by form JFS 03397, "Authorization for the Release or Use of Protected Health Information."

Rule 5101:1-1-14 Intercounty Transfers (CCN 5408)

This rule is being revised to reflect a change in the case record transfer process. Paragraph (C)(2)(c) is being removed. This paragraph covers situations in which an individual reports that he is moving to another county, (County B) but does not have a new address and does not contact County B. The address is changed to County B's address and County B becomes the county of record. If the individual is a required work participant and does not contact the new county, County B's work participation rates and performance standards may be affected. In an effort to alleviate this problem, if the individual does not inform the transferring county, (County A) within a ten-day time frame of his new address, County A will be unable to determine the individual's continued eligibility for assistance and will propose case termination in accordance with provisions outlined in Division level designation 5101:6 of the Administrative Code.

Paragraph (C)(3) has been removed because during the transfer process no new application is required for cash assistance programs if the assistance group case is open.

Paragraph (D)(1)(a) has been revised to reflect the mandatory verifications for case file transfers and the allowance of reproduction and duplication of records to CD-ROM so long as this process complies with the minimum standard of quality approved by the national bureau of standards in accordance with Section 9.01 of the Revised Code. The records must carry a certificate of authenticity and completeness, on a form specified by the state records administrator. Rule 5101-9-22 of the Administrative Code allows the reproduction of records and, if in compliance with the rule, approves the records use for federal/state audit and review purposes.

Paragraph (D)(1)(a)(ii) has been removed because the JFS 07100, "Application for Income, Medical, and Food Assistance" form became obsolete effective May 1, 2005 with the issuance of CAMTL #18.

Paragraph (H)(5) of this rule has been removed because the JFS 02453, "Inpatient Hospital Admission" form no longer applies to the cash assistance programs.

Rule 5101:1-2-15 Voter Registration Requirement (CCN 5408)

References to the Disability Assistance program have been changed to Disability Financial Assistance (DFA) program. There are no other changes to this rule.

Rule 5101:1-2-30.1 Benefit Eligibility: Victims of Trafficking (CCN 5408)

Paragraph (D)(1) has been amended to reflect a name change that occurred from the immigration and naturalization service (INS) to citizenship and immigration service (CIS).

Paragraph (D)(2) has been changed to clarify that the department of health and human services provides access for the Systematic Alien Verification for Entitlement (SAVE) system.

In paragraph (D)(6) a new toll-free trafficking victim phone number is provided to verify the validity of the Office of Refugee Resettlement (ORR)-issued letters and to inform ORR of the benefits for which a victim has applied.

Rule 5101:1-2-30.3 Benefit Eligibility: Family Members of Victims of Trafficking (CCN 5408)

The Trafficking Victims Protection Reauthorization Act of 2003 (TVRA) effective December 19, 2003 allows certain family members of victims of a severe form of trafficking to be eligible for benefits and services to the same extent as refugees under Section 207 of the Immigration and Nationality Act (INA). Rule 5101:1-2-30.3 has been created to clarify cash eligibility requirements for this program.

This rule sets forth the eligibility criteria for family members of victims of trafficking who have potential eligibility for benefits of assistance to the same extent as a refugee. A T visa was initially established to allow victims of a severe form of trafficking to become temporary residents of the United States (U.S.) as delineated in rule 5101:1-2-30.1 of the Administrative Code. The family members of these same individuals will be holders of T-2, T-3, T-4, or T-5 visas (collectively referred to as "Derivative T Visas").

Based upon the age of the victim of trafficking at the time the T visa application was filed, certain family members such as the alien's spouse, children, unmarried siblings under eighteen and parents have the availability of Derivative T visas.

For individuals already present in the U.S. on the date the Derivative T visa is issued, the date of entry for benefits is the notice date on the I-797, Notice of Action of Approval of that individual's Derivative T-Visa.

For an individual who enters the U.S. on the basis of a Derivative T-Visa, the date of entry stamped on that individual's passport or I-94 Approval Record is the date for benefit eligibility.

Both samples of the I-797 and the I-94 are included with this clearance.

When a Derivative T Visa Holder applies for benefits or services, the county department of job and family services (CDJFS) shall follow the normal procedures for providing services and benefits to refugees except that they should accept the non-immigrant T-2, T-3, T-4 or T-5 visa.

The CDJFS shall call the toll-free trafficking verification line at 1(866) 401-5510 to notify the ORR of the benefits for which the individual has applied. (Note: at this time, the DHS Systematic Alien Verification for Entitlements (SAVE) system does not contain information about victims of a severe form of trafficking or nonimmigrant alien family members. Until further notice, do not contact SAVE concerning victims of trafficking or nonimmigrant alien family members.)

The CDJFS shall issue benefits to the same extent as a refugee, provided the Derivative T Visa holder meets other program eligibility criteria (e.g., age or income levels).

CHAPTER 2000

Rule 5101:1-3-12 OWF: Work Activity Participation (CCN 5417)

Under Section 5107.14 of the Revised Code, all adults and minor heads of household are required to sign and comply with a self-sufficiency contract. This contract includes participation in work, developmental, and/or alternative activities.

An assistance group is ineligible to participate in Ohio Works First (OWF) unless each adult or minor head of household in the assistance group enters into a written self-sufficiency contract not later than thirty days after applying for or undergoing a redetermination of eligibility for OWF. Each self-sufficiency contract shall include, based on appraisals and assessments conducted, a self-sufficiency plan which includes assignments to work, developmental, or alternative activities.

Former rule 5101:1-3-12, "OWF: work activity participation and child care" has been rescinded and replaced with new rule 5101:1-3-12, "OWF: work activity participation."

The new rule includes language that allows county departments of job and family services (CDJFS) to exempt individuals from some or all of the work and developmental activity hours required. Section 5107.43 (C)of the Revised Code states that an adult or minor head of household placed in alternative activities shall be assigned for the number of hours per week as determined by the CDJFS.

This rule allows the CDJFS to place an individual in a work or developmental activity and assign them for less than 30 hours per week (35 hours for two parent households), based on the outcome of appraisals and assessments conducted. Some individuals participating in work or developmental activities may have barriers that preclude the CDJFS from assigning them to all of the 30 (or 35) hours required.

The new rule requires the CDJFS to document the reason for exempting individuals participating in work or developmental activities from some or all of the hours required in Section 5107.43 of the Revised Code.

The rule does not affect the requirement that an individual must be assigned to a work, developmental, or alternative activity. The CDJFS shall assign each minor head of household and adult participating in OWF to one or more work and developmental activities. The only exceptions to this requirement are:

1)The CDJFS may determine that an individual has a temporary or permanent barrier to employment, in which case the CDJFS may assign the minor head of household or adult to one or more alternative activities for the number of hours determined appropriate by the CDJFS (not to exceed 20% of the CDJFS' OWF caseload), or

2)A single custodial parent or adult that is caring for a child under 12 months of age may be exempted from the work requirements (for not more than twelve months), but still must be assigned to a developmental activity for the number of hours determined appropriate by the CDJFS.

Impact on Work Participation Rates

This new rule does not affect what activities or participation is counted toward the work participation rate. Although the CDJFS must meet the participation rates set forth in Section 5107.44 of the Revised Code; moving individuals toward self-sufficiency, assisting in the removal of barriers to employment, and providing assignments that address the needs of the family are important considerations. The type of assignment and the number of weekly hours of each assignment should be based on the results of the appraisal or assessment and the individual's employment goal.

CHAPTER 4000

5101:1-2-40 Refugee Resettlement Program: Refugee Cash Assistance (CCN 5411)

This rule is being revised in accordance with the changes created in restructuring of the Refugee Social Services Program (RSSP) rules. The RSSP has been revised and simplified to reflect current policy within the program. RCA rules will be aligned with the new RSSP rules: 5101:1-2-40.2 through 5101:1-2-40.5 of the Administrative Code. All RSSP rules will now be included in the Cash Assistance Manual (CAM).

References are made throughout this rule to reflect the new RSSP rule numbers.

In paragraph (A) of this rule, the unaccompanied refugee minor program has been eliminated. Ohio does not have a written agreement with the Office of Refugee Resettlement (ORR) for the program. The program is not part of Ohio's Refugee State Plan and ORR anticipates no referrals to Ohio at this time.

A federal department name change has occurred from the immigration and naturalization service (INS) to citizenship and immigration service (CIS) which is reflected throughout this rule.

Throughout this rule the Disability Assistance program has been changed to Disability Financial Assistance (DFA) program.

Refugee Resettlement: Refugee Social Services Program

The Refugee Social Services Program (RSSP) rules will now be contained within the Cash Assistance Manual. Former rules: 5101:2-49-06, Determination of Refugee and Cuban/Haitian entrant status; 5101:2-49-07, General eligibility requirements; 5101:2-49-071, RRP social service applications, redeterminations of eligibility and hearings; 5101:2-49-08, Allowable services for refugees; 5101:2-49-09, Refugee resettlement program social service funding; 5101:2-49-091, Purchase of refugee resettlement program social services; 5101:2-49-092, Refugee special projects;

5101:2-49-093, Refugee resettlement program agreements; 5101:2-49-10, Provider contracts and amendments; 5101:2-49-11, Mandatory service participation; 5101:2-49-12, Failure or refusal to accept employability services or employment placement; 5101:2-49-13, Employment-related case management; 5101:2-49-14, Content of employability plan; 5101:2-49-15, Concentrated job search; 5101:2-49-16, Criteria for appropriate employment; 5101:2-49-17, Employment Exemption; 5101:2-49-18, Professional recertification training; 5101:2-49-19, Employment interruption service plan; 5101:2-49-20, Scheduling service delivery; 5101:2-49-21, Definition of resettlement agency; 5101:2-49-22, County refugee service planning; 5101:2-49-23, Preventing duplication of services, and 5101:2-49-24, Confidentiality governing Refugee Social Services (RSS) of the Administrative Code have been rescinded.

New rules 5101:1-2-40.2 to 5101:1-2-40.5 of the Administrative Code will replace the rescinded rules and will contain current Refugee social service program policies. The new rules cover refugee service eligibility requirements and the responsibilities of the County Department of Job and Family Services (CDJFS). They have been simplified to provide clarity concerning the required services to mandatory and voluntary refugee participants.

5101:1-2-40.2 Refugee resettlement program: refugee social services (CCN 5395)

This rule includes the eligibility requirements for the RSSP under the Refugee Resettlement Program (RRP). Included in this rule are the components of the RRP, definitions, and the priority

order for refugee services for the RSSP. Eligibility requirements are detailed in paragraph (D) of this rule. A new application, the JFS 01457, "Application For Refugee Social Services Only" has been created. The JFS 01457 is located in the Appendix to the Cash Assistance Manual and at the ODJFS

On-Line Forms Listing at www.odjfs.state.oh.us/forms/inter.asp. This application is for refugees applying for refugee social services only.

RSSP eligibility shall be limited to the refugees meeting the immigration requirements listed in rule 5101:1-2-40 of the Administrative Code and who reside in counties receiving an RSSP allocation.

Eligibility determinations will be completed every twelve months. Refugees are afforded the same hearing and notice rights set forth in division level designation 5101:6 of the Administrative Code.

5101:1-2-40.3 Refugee social services program (RSSP): County department of job and family services (CDJFS) responsibilities (CCN 5395)

This rule covers the management responsibilities of the CDJFS. The CDJFS shall assure that RSSP funds are used primarily for employability services that are designed to assist refugees in obtaining jobs within one year of becoming enrolled in services in order to achieve and maintain economic self-sufficiency. The CDJFS may contract with appropriate providers of eligibility services. Requirements for employability services for mandatory refugees are found under 5101:1-2-40.4 of the Administrative Code. Requirements for employability services for voluntary refugees are found in rule 5101:1-2-40.5 of the Administrative Code. The CDJFS will provide employment-related case management services to refugees. All refugees must have access to services and must not be discriminated against based upon their limited English proficiency in accordance with Title VI of the Civil Rights Act. The CDJFS will provide interpreters at no cost to the refugees. A new form for reporting, the JFS 01459, "Secondary Migrant Report" has been created for counties to provide secondary migrant data for ODJFS submission to the Office of Refugee Resettlement (ORR). The number of refugees receiving RSSP services only or who are secondary migrants, must be tracked and reported to the ODJFS State Refugee Coordinator. The JFS 01459 is located in the Appendix to the Cash Assistance Manual and at the ODJFS On-Line Forms Listing at www.odjfs.state.oh.us/forms/inter.asp.

5101:1-2-40.4 Refugee social service program: mandatory participants (CCN 5395)

This rule delineates services for refugees who are required to participate in employability services. Employability services include the development of an employability plan and job search activities. The rule also covers the failure or refusal of a refugee to comply with a provision of the employability plan and the consequences for not complying with the provisions of the employability plan.

5101:1-2-40.5 Refugee social services program: voluntary participants (CCN 5395)

This rule delineates services for refugees who voluntarily participate in employability services. Services include the development of an employability plan and job search activities. The rule covers the failure or refusal of a refugee to comply with a provision of the employability plan and the consequences for not complying with the provisions of the employability plan.

INSTRUCTIONS: