This letter transmits proposed rules with an effective date of September 29, 2006. The earlier effective date is a result of October 1, 2006 falling on a weekend. If there are any changes made to the rules contained in this CAMTL during the JCARR review period, the corrected rules will be sent out in the next CAMTL. All of the rules in this CAMTL were submitted to statewide clearance under CCN 5834.

45 CFR 261.62 requires each state to submit a Work Verification Plan to the U.S. Department of Health and Human Services (HHS) by October 1, 2006. The Work Verification Plan includes many definitions defined in the Ohio Administrative Code (OAC) rules contained in this CAMTL. If HHS requires changes to the Work Verification Plan, a state must submit those changes within 60 days of receipt of notification and include all necessary changes as part of the final approved Work Verification Plan no later than September 30, 2007. If there are any changes made to the Plan that would require changes to the OAC rules, the rules will be submitted to statewide clearance and distributed in a future CAMTL.

On July 17, 2006, Office of Family Stability Letter #49-A was distributed announcing the June 29, 2006 issuance of the "interim final" regulations related to Temporary Assistance for Needy Families (TANF) by HHS. The interim final regulations provide states with specific direction in implementing the TANF Reauthorization provisions of the Deficit Reduction Act of 2005. The primary focus of the regulations is on defining work activities, verifying hours participated in work activities, ensuring accuracy of the work participation data reported to HHS, and meeting the federally required 50% all family and 90% two parent work participation rates. States must comply with the requirements in the regulations by October 1, 2006 or be subjected to potential penalties for Federal Fiscal Year (FFY) 2007 performance.

Section (5) of Amended Substitute Senate Bill 238 (Am. Sub. S.B. 238) of the 126th General Assembly contained uncodified law that provides the Ohio Department of Job and Family Services (ODJFS) with the authority to promulgate rules to implement the TANF Reauthorization provisions of the Deficit Reduction Act of 2005 that may be inconsistent with the Ohio Revised Code. ODJFS must submit recommended legislative changes to the Governor and General Assembly by January 1, 2007. The proposed rules addressed in this letter are intended to implement the TANF Reauthorization provisions of the Deficit Reduction Act and the HHS interim final regulations.

All of the rules which are in conflict with the Ohio Revised Code contain the language from section (5) of Amended Substitute Senate Bill 238. The rules also identify the Revised Code sections that are superseded by the rule. The County Department of Job and Family Services (CDJFS) shall apply the rule and not the conflicting statute.

Overview of the federal regulations

Pertinent changes include:

• Fair Labor Standards Act (FLSA): The new regulations permit states to deem recipients participating in work experience and community service as having met the core work activity requirement when they work the maximum number of hours under the minimum wage requirement of FLSA but the hours worked fall short of the minimum number of hours required by TANF. Families that need additional hours beyond the core activity requirement must satisfy them in some other TANF work activity. The deeming provision can only be used if the state has a food stamp workfare program and a "Simplified Food Stamp Program"(SFSP) as defined by 7 U.S.C. 2035 and approved by the U.S. Department of Agriculture Food and Nutrition Service. Ohio has received approval from FNS to operate a mini SFSP in order to apply the TANF work activity deeming provision found in the new interim final regulations.
• All federally defined work activities must have daily supervision. HHS has indicated that this is the method for how a person's activity and participation is accounted for, and that ongoing constructive guidance is provided to the person engaged in the activity. Individuals placed in federal work activities must be supervised by an employer, work site sponsor (including the CDJFS if it directly operates the activity) or other responsible third party.
• All hours of actual participation must be verified. States may report projected actual hours of unsubsidized and subsidized employment or on the job training for up to six months on the basis of prior, documented actual hours of work.
• While hours from self-employment may also be projected for six months, federal regulations prescribe that in calculating the countable hours of participation in self employment, the self-employed individual's monthly self-employment income, defined as gross receipts less expenses, is divided by the federal minimum wage.
• Unsupervised homework and study time no longer count toward hours of participation. If an individual is part of a monitored study session where participation is documented, those hours could count toward the hours of participation.
• Baccalaureate or advanced degrees are explicitly excluded from the definitions of allowable work activities that will count toward the federal work participation rate.
• HHS has added additional categories of individuals (work eligible individuals) that must be included in the calculation of the state's work participation rate and some that may be disregarded from the calculation.

ODJFS Implementation

The proposed rules to implement the new HHS interim regulations are contained in this CAMTL and are detailed below. Following are the rules affected by the policy change and corresponding narratives for each rule.

Rule 5101:1-1-01 - Temporary assistance for needy families (TANF) definitions

This rule contains definitions used in the TANF program. Paragraph (Y), which contains language regarding the Title IV-A program as defined in section 5101.80 of the Revised Code was amended to add the kinship permanency incentive program and the Title IV-A demonstration project. Paragraph (Z) has been added to include the definition of work eligible individuals pursuant to 45 CFR 261.2.

Rule 5101:1-3-01 - Ohio works first (OWF): Federal work participation rates

This rule supersedes sections 5107.40, 5107.42 and 5107.44 of the Revised Code as indicated in paragraph (A) of the rule. The CDJFS shall follow OAC rule 5101:1-3-01 rather than the Revised Code sections indicated.

Language has been added to this rule on the federal work participation rate requirement for all-family and two-parent assistance groups, the activities that count toward the federal work participation rate and the number of hours required for core and non-core federal work activities. The term "work eligible" has been added throughout the rule to identify those individuals who are required to participate in work activities pursuant to 45 CFR 261.2. Removed from this rule are references to the state work participation rate as the intent is to align state and federal law as it pertains to the work participation rate requirement. The CDJFS shall follow the requirements for the federal work participation rate contained in this rule.

Paragraph (F) of this rule contains the federal work core and non-core work activities and the participation requirements of all family and two-parent assistance groups.

Rule 5101:1-3-12 - Ohio works first (OWF): Work Activities

This rule supersedes sections 5107.01, 5107.14, 5107.16, 5107.36, 5107.40, 5107.41, 5107.42, 5107.43, 5107.60, 5107.62, 5107.64, 5107.65, 5107.67 and 5107.68 of the Revised Code as indicated in paragraph (A) of the rule. The CDJFS shall follow OAC rule 5101:1-3-12 rather than the Revised Code sections indicated.

Paragraph (B) of this rule contains the definition of work eligible individuals. Work eligible individual means an adult or minor head of household receiving TANF cash assistance or a non-recipient parent living with a child receiving TANF cash assistance. Excluded from the definition of work eligible are minor parents who are not the head of household or spouse of the head of household; an alien who is not eligible for TANF cash assistance due to immigration status; and a recipient of Supplemental Security Income (SSI).

Non-recipient parents are included in the definition of work eligible unless excluded. Non-recipient parents do not include specified relatives or legal custodians or legal guardians. Non-recipient parents are not on the OWF grant for a number of reasons including certain penalty situations where a parent is not eligible to be included on the OWF grant due to an ineligibility reason either in federal law, Ohio Revised Code or OAC. In these situations, a family receives cash assistance despite a self-sufficiency contract failure or certain penalties, when a new family member enters that home. These situations will be addressed later in the cover letter under OAC rule 5101:1-3-15.1.

Effective September 29, 2006, the following situations could result in a family containing a non-recipient work eligible individual:

(1)Individuals who have been convicted in state or federal court of misrepresentation of residence in two or more states, pursuant to 42 U.S.C. 608 and OAC rule 5101:1-3-14.

(2)Individuals who are fugitive felons, parole or probation violators, pursuant to 42 U.S.C. 608, section 5101.26 of the Revised Code and OAC rule 5101:1-3-14.

(3)Individuals who fail or refuse to provide a document that results in the removal of the parent from the OWF grant, such as social security number and proof of identity, pursuant to OAC rules 5101:1-3-14 and 5101:1-23-10.

(4)Minor heads of household who are required to participate in the Learning, Earning and Parenting (LEAP) Program who fail to attend an assessment, enroll in school or who withdraw from school, pursuant to 42 U.S.C. 608 and OAC rules 5101:1-3-14 and 5101:1-23-50. If the individual is not a minor head of household or spouse of the minor head of household, they do not meet the definition of work eligible.

(5)Individuals who are serving a permanent disqualification due to an intentional program violation if the disqualification period began prior to July 1, 1998.

(6)Individuals who are under a three-tier sanction that was assessed on their OWF case prior to October 1, 2006 and subsequently move out of the original sanctioned assistance group and into another OWF assistance group.

In all of these situations, the individual removed from the OWF grant would be considered a non-recipient work eligible individual and would be required to sign a self-sufficiency contract and comply with it in order to continue to receive OWF for the child (ren).

Paragraph (C) includes language on the appraisal and assessment process for work eligible individuals. The language in this paragraph of the rule was contained in sections 5107.41 and 5107.70 of the Revised Code. These sections of the Revised Code required adults and minor heads-of-household to complete an appraisal or assessment; the federal definition of "work eligible" has added certain non-recipient parents to this requirement.

Paragraph (D) lists the requirement of the work eligible individual to sign and comply with a self-sufficiency contract. All of the required elements of the self sufficiency contract that were contained in Revised Code Section 5107.14 have been added to this paragraph. This section of the Revised Code required adults and minor heads-of-household to complete and comply with a self sufficiency contract; the federal definition of "work eligible" has added certain non-recipient parents to this requirement.

Paragraph (E) contains the hours of participation in work activities and alternative activities for work eligible individuals for all-family and two-parent assistance groups. With the new rules, there is now no minimum number of hours that work eligible individuals must be assigned to alternative activities. Section 5107.42 of the Revised Code had limited the CDJFS to assigning no more than 20% of the OWF caseload to alternative activities. With the issuance of these rules, there are no developmental activities. Policy regarding developmental activities was previously found in section 5107.62 of the Revised Code.

Paragraph (F) contains information pertaining to holidays. The preamble to the HHS regulations permits states to define holidays that may count toward the work participation rate. We have defined holidays as those recognized by the state and federal government and additional ones established by the worksite. When a work eligible individual is scheduled to participate on a holiday, those hours are considered participated hours and are counted toward the work participation rate.

Paragraph (G) contains information on failure to comply with a provision of the self-sufficiency contract.

Paragraph (H) contains information on good cause for non-compliance. Section 5107.16 of the Revised Code had required each CDJFS to establish standards for the determination of good cause for non-compliance. Effective September 29, 2006, good cause for non-compliance is defined in this rule with additional absences excused at the discretion of the CDJFS director. Missed hours of participation in a month may also be made up later in the month at the discretion of the CDJFS. Verification of good cause may be requested of the individual and the CDJFS shall apply a reasonableness standard when requesting verification for the situation and for the time frame in which to provide this verification.

Paragraph (I) contains language on the requirement to provide daily supervision for all activities. The HHS regulations require that all activities be supervised daily by an employer, work supervisor or other responsible third party.

Paragraph (J) contains language on the verification of hours of participation. The HHS regulations require that all hours of participation be verified and this section of the rule addresses the acceptable types of verification for activities other than unsubsidized employment, subsidized employment and on-the-job training. Verification of hours of participation in those three activities can be verified by the worker during the application and reapplication appointment and projected for the next six months or until a change occurs with the employment.

Two forms were created that can be used by the CDJFS to assist in the verification of hours of participation. These are the JFS 06909 "Record of School Attendance Report" and the JFS 06910 "Record of Attendance Report". These forms will be available at the online forms page on the innerweb at http://www.odjfs.state.oh.us/forms/inner.asp.

Paragraph (K) contains language on the application of the appliFair Labor Standards Act (FLSA) as set forth in 29 U.S.C. 201, et seq. The FLSA is applicable to work experience program (WEP) and community service activities that have employer/employee relationships. A CDJFS cannot assign more hours in these activities that what is permitted under the FLSA. The work eligible individual can make up the remainder of the core hours in another core activity or, pursuant to the federal regulations, the CDJFS can deem the remainder of the core hours to have been met. Language to advise the CDJFS on the method for calculating the maximum hours allowed under FLSA and the benefits to use has been added as a result of questions presented at the statewide training.

Paragraph (L) contains language regarding other requirements of the CDJFS in their operation of work activities for OWF. The language in this section of the rule was contained in sections 5107.65 and 5107.68 of the Revised Code.

Rule 5101:1-3-12.1 - Unsubsidized Employment

This rule supersedes sections 5107.40 and 5107.60 of the Revised Code as indicated in paragraph (A) of the rule. The CDJFS shall follow OAC rule 5101:1-3-12.1 rather than the Revised Code sections indicated.

Paragraph (B) of this rule contains the federal definition of unsubsidized employment and the treatment of self-employment for work participation purposes. The hours of self-employment are determined by dividing the self-employment income (gross income less business expenses) by the federal minimum wage (currently $5.15). The result is the number of hours that will be applied toward the work participation requirement for the work eligible individual. This calculation is for work participation purposes only; budgeting to determine the OWF grant amount has not changed and is set forth in OAC rule 5101:1-23-20.

Paragraph (C) contains the requirements regarding the verification of hours of participation. Hours must be verified every six months and hours confirmed during the application and reapplication process can be projected for six months.

Rule 5101:1-3-12.2 - Subsidized Public and Private Employment

This rule supersedes sections 5107.40 and 5107.52 of the Revised Code as indicated in paragraph (A) of the rule. The CDJFS shall follow OAC rule 5101:1-3-12.2 rather than the Revised Code sections indicated.

Paragraph (B) of this rule contains the federal definition of subsidized employment and most of the language that was previously found in OAC rule 5101:1-3-16.

Paragraphs (C) and (D) contain language that was previously found in OAC rule 5101:1-3-16.

Paragraph (E) contains the requirements regarding the verification of hours of participation. Hours must be verified every six months and those hours confirmed during the application and reapplication process can be projected for six months.

Rule 5101:1-3-12.3 - Work Experience Program (WEP)

This rule supersedes sections 5107.40, 5107.54, 5107.541 and 5107.61 of the Revised Code as indicated in paragraph (A) of the rule. The CDJFS shall follow OAC rule 5101:1-3-12.3 rather than the Revised Code sections indicated.

Paragraph (B) of this rule contains the federal definition of WEP and some activities that do not meet the definition of WEP.

Paragraph (C) contains the requirement to verify WEP hours at least every two weeks or twice per month. The option of twice per month (semi-monthly) was added to this paragraph to allow for verifications to occur at mid-month and end of month, rather than every two weeks.

Paragraph (D) states that hours assigned to WEP are subject to the FLSA.

Paragraphs (E) through (G) contain language that was included in section 5107.52 of the Revised Code.

Paragraph (H) contains language addressing requirements of school volunteers and classroom aides. This language was included in section 5107.541 of the Revised Code.

Rule 5101:1-3-12.4 - On-the-Job Training (OJT)

This rule supersedes sections 5107.40 and 5107.60 of the Revised Code as indicated in paragraph (A) of the rule. The CDJFS shall follow OAC rule 5101:1-3-12.4 rather than the Revised Code sections indicated.

Paragraph (B) of this rule contains the federal definition of OJT. In order to count toward the federal work participation rate, the OJT must be in a paid status which differs from language that was in section 5107.60 of the Revised Code.

Paragraph (C) contains the requirement to verify OJT hours at least every six months and allows a projection of six months.

Rule 5101:1-3-12.5 - Job Search and Job Readiness

This rule supersedes sections 5107.40 and 5107.50 of the Revised Code as indicated in paragraph (A) of the rule. The CDJFS shall follow OAC rule 5101:1-3-12.5 rather than the Revised Code sections indicated.

Paragraph (B) of this rule contains the federal definition of job search and job readiness and activities that do not meet the definition. Included in the definition of job search and job readiness are substance abuse treatment, mental health treatment, and rehabilitation activities to those who are otherwise employable.

Paragraph (C) contains the requirement to verify job search and job readiness hours on a daily basis.

Paragraph (D) contains the limitation for purposes of counting job search and job readiness toward the work participation rate of six weeks of participation in a federal fiscal year with no more than four to be consecutive, and the definition of a week.

Rule 5101:1-3-12.6 - Community Service

This rule supersedes sections 5107.40, 5107.541 and 5107.60 of the Revised Code as indicated in paragraph (A) of the rule. The CDJFS shall follow OAC rule 5101:1-3-12.6 rather than the Revised Code sections indicated.

Paragraph (B) of this rule contains the federal definition of community service and activities that do not meet the definition.

Paragraph (C) contains the requirement to verify community service hours at least every two weeks or twice per month. The option of twice per month (semi-monthly) was added to this paragraph to allow for verifications to occur at mid-month and end of month, rather than every two weeks.

Paragraph (D) states that hours assigned to community service are subject to the FLSA.

Paragraph (E) contains language addressing requirements of school volunteers and classroom aides. This language was contained in section 5107.541 of the Revised Code.

Rule 5101:1-3-12.7 - Vocational Education

This rule supersedes sections 5107.01, 5107.40, 5107.43, 5107.58 and 5107.60 of the Revised Code as indicated in paragraph (A) of the rule. The CDJFS shall follow OAC rule 5101:1-3-12.7 rather than the Revised Code sections indicated.

Paragraph (B) of this rule contains the federal definition of vocational education and the federal prohibition against counting hours of attendance for a baccalaureate or advanced degree toward the federal work participation rate. Section 5107.58 of the Revised Code did not prohibit advanced degrees at post-secondary, private nonprofit college or universities as allowable work activities. However, with the issuance of the HHS "interim final" rules, attendance at educational institutions for a baccalaureate or advanced degrees can no longer be counted toward meeting the federal work participation rate. Attendance at educational institutions for associate degrees, instructional certificates, industrial skills certificates or non-credit coursework can still count toward the participation rate.

Unsupervised homework and study hours do not count toward vocational education participation hours.

Paragraph (C) contains the requirement to verify vocational education hours at least every two weeks or twice per month. The option of twice per month (semi-monthly) was added to this paragraph to allow for verifications to occur at mid-month and end of month, rather than every two weeks.

Paragraph (D) contains the twelve month lifetime limit for purposes of counting vocational education toward the work participation rate. No more than 30% of the number of individuals assigned to vocational education in all families and in two-parent families, respectively, shall count toward the monthly work participation rate.

Paragraph (E) contains requirements of tuition assistance of OWF recipients. This language was contained in section 5107.58 of the Revised Code.

Rule 5101:1-3-12.8 - Providing Child Care Services to an individual who is participating in a Community Service program

This rule supersedes sections 5107.40 and 5107.60 of the Revised Code as indicated in paragraph (A) of the rule. The CDJFS shall follow OAC rule 5101:1-3-12.8 rather than the Revised Code sections indicated.

Paragraph (B) of this rule contains the federal definition.

Paragraph (C) contains the requirement to verify hours at least every two weeks or twice per month. The option of twice per month (semi-monthly) was added to this paragraph to allow for verification to occur at mid-month and end of month, rather than every two weeks.

Rule 5101:1-3-12.9 - Job skills training directly related to employment

This rule supersedes sections 5107.40 and 5107.60 of the Revised Code as indicated in paragraph (A) of the rule. The CDJFS shall follow OAC rule 5101:1-3-12.9 rather than the Revised Code sections indicated.

Paragraph (B) of this rule contains the federal definition of job skills training directly related to employment and activities that do not meet the definition of this activity.

Paragraph (C) contains the requirement to verify hours at least every two weeks or twice per month. The option of twice per month (semi-monthly) was added to this paragraph to allow for verifications to occur at mid-month and end of month, rather than every two weeks.

Rule 5101:1-3-12.10 - Education directly related to employment in the case of a recipient who has not received a high school diploma or a certificate of high school equivalency

This rule supersedes sections 5107.40 and 5107.60 of the Revised Code as indicated in paragraph (A) of the rule. The CDJFS shall follow OAC rule 5101:1-3-12.10 rather than the Revised Code sections indicated.

Paragraph (B) of this rule contains the federal definition of education directly related to employment and the statement that unsupervised homework and study hours do not count as hours of participation for education directly related to employment for the federal work participation rate. Monitored study or homework hours can be counted toward the required monthly hours of participation.

Also included in this paragraph is a new requirement that participants in this activity should be making "good or satisfactory progress" in order for the hours of participation to count for the work participation rate. This standard is developed by the educational institution or program in which the recipient is enrolled and includes both a qualitative and quantitative measure of progress.

Paragraph (C) contains the requirement to verify hours at least every two weeks or twice per month. The option of twice per month (semi-monthly) was added to this paragraph to allow for verifications to occur at mid-month and end of month, rather than every two weeks.

Rule 5101:1-3-12.11 - Secondary school or program leading to a certificate of general equivalence for an individual who has not completed secondary school or received a certificate

This rule supersedes sections 5107.40 and 5107.60 of the Revised Code as indicated in paragraph (A) of the rule. The CDJFS shall follow OAC rule 5101:1-3-12.11 rather than the Revised Code sections indicated.

Paragraph (B) of this rule contains the federal definition of secondary school or program leading to a certificate of general equivalence and the statement that unsupervised homework and study hours do not count as secondary school program or high school equivalency diploma (HSED) program participation hours for the federal work participation rate. Monitored study or homework hours can be counted toward the required monthly hours of participation.

Also included in this paragraph is a new requirement that participants in this activity should be making "good or satisfactory progress" in order for the hours of participation to count for the work participation rate. This standard is developed by the educational institution or program in which the recipient is enrolled and includes both a qualitative and quantitative measure of progress.

Paragraph (C) contains the requirement to verify hours at least every two weeks or twice per month. The option of twice per month (semi-monthly) was added to this paragraph to allow for verifications to occur at mid-month and end of month, rather than every two weeks.

Rule 5101:1-3-12.12 - Alternative activities

This rule supersedes sections 5107.40, 5107.42, 5107.43 and 5107.64 of the Revised Code as indicated in paragraph (A) of the rule. The CDJFS shall follow OAC rule 5101:1-3-12.12 rather than the Revised Code sections indicated.

Paragraph (B) of this rule contains the definition of alternative activities and examples of what may constitute these activities. Hours of participation in alternative activities do not count toward the federal work participation rate, but are intended to address temporary and permanent barriers to participation in federal work activities. This rule eliminates the 20% caseload limitation on number of individuals assigned to alternative activities that was included in section 5107.42 of the Revised Code. There is now no limit to the number of work eligible individuals who may be assigned to alternative activities.

Paragraph (C) contains the requirement to verify hours at least every two weeks or twice per month. The option of twice per month (semi-monthly) was added to this paragraph to allow for verifications to occur at mid-month and end of month, rather than every two weeks.

Rule 5101:1-3-14 - Ohio Works First (OWF): Penalties

This rule supersedes sections 5107.14, 5107.16, 5107.41 and 5107.70 of the Revised Code as indicated in paragraph (A) of the rule. The CDJFS shall follow OAC rule 5101:1-3-14 rather than the Revised Code sections indicated.

This new rule contains language from current OAC rule 5101:1-3-15 and was created to separate the penalty requirements from the sanction requirements. This rule only contains policy pertaining to penalties; policy pertaining to three-tier sanctions will remain in OAC rule 5101:1-3-15. The rule distinguishes penalties that (1) result in a denial or termination of OWF; (2) result in a reduction of the OWF grant and/or the removal of an individual; (3) are time-limited and result in the denial or termination of OWF; and (4) are time-limited and result in the reduction of OWF and the removal of the individual.

Individuals who enter the home after the failure/ineligibility date in one of the three penalty situations contained in paragraph (B)(3)of this rule will no longer be eligible to receive OWF as is currently permissible.

Current cases under one of the three penalty situations are addressed in OAC rule 5101:1-3-15.1.

Rule 5101:1-3-15 - Ohio Works First (OWF): Three-tier sanctions

This rule supersedes sections 5107.14, 5107.16, 5107.161, 5107.162 and 5107.17 of the Revised Code as indicated in paragraph (A) of the rule. The CDJFS shall follow OAC rule 5101:1-3-15 rather than the Revised Code sections indicated.

This rule now only contains policy pertaining to three-tier sanctions. Requirements pertaining to penalties have been moved to new OAC rule 5101:1-3-14.

Paragraph (B) contains the policy on the three-tier sanction process that was in section 5107.16 of the Revised Code.

No changes have been made to paragraph (C) from the current rule.

Paragraph (D) addresses the reinstatement of OWF upon compliance. Paragraph (D)(5) has been added from section 5107.17 of the Revised Code.

Paragraph (E)(2) now states that individuals who enter the home after the time of the failure are not eligible to receive OWF regardless of whether they would otherwise meet the eligibility requirements.

Current cases under a three-tier sanction are addressed in OAC rule 5101:1-3-15.1.

Rule 5101:1-3-15.1 - Transition of Ohio works first (OWF) assistance groups under sanctions and penalties

This rule supersedes section 5107.16 of the Revised Code as indicated in paragraph (A) of the rule. The CDJFS shall follow OAC rule 5101:1-3-15.1 rather than the Revised Code section indicated.

This rule explains how to treat current open OWF assistance groups under a three-tier sanction or certain penalty situations. These individuals will meet the definition of non-recipient work eligible individuals effective September 29, 2006 and this rule outlines the steps the CDJFS shall take with these individuals.

Paragraph (B) describes the six situations that are applicable with this rule:

(1)Child(ren), and a parent in some instances, who were determined eligible to receive OWF because they entered the home after the fail date of the three-tier sanction;

(2)Child (ren), and a parent in some instances, who were determined eligible to receive OWF because they entered the home after the date of ineligibility in the following penalty situations:

(a)Termination of employment without just cause and an OWF case was opened for the above listed individual(s) during the six-month period of ineligibility;

(b)Receipt of fraudulent assistance and an OWF case was opened for the above listed individual(s) after the receipt of fraudulent assistance occurred and the assistance has not been repaid in full;

(c)Refusal to cooperate with a quality assurance review and an OWF case was opened for the above listed individual(s) during the three-month period of ineligibility; and

(3)Individuals who are under a three-tier sanction that was assessed on their OWF case prior to September 29, 2006 and subsequently move out of the original sanctioned assistance group and into another OWF assistance group.

Paragraph (C) outlines the requirements for non-recipient work eligible individuals under a three-tier sanction. These individuals must demonstrate a willingness to comply, as determined by the CDJFS, with the failed provision of their self-sufficiency contract. If they fail to comply the OWF case shall be terminated no later than December 31, 2006. If they do comply and have served the minimum sanction period, they shall be reinstated provided all other eligibility factors are met. If they comply and have not yet served the minimum sanction period, the OWF case shall remain open and the parent and remaining family members are added after the period has been served. The parent meets the definition of non-recipient work eligible individual during those sanctioned months and the provisions of OAC rule 5101:1-3-12 are applicable.

Paragraph (D) outlines the requirements for non-recipient work eligible individuals under limited penalty situations. An individual whose OWF case was terminated due to receipt of fraudulent assistance must repay the amount in full. If they fail to repay the amount in full, the OWF case shall be terminated no later than December 31, 2006. If they do repay the amount in full, they should be reinstated provided that all other eligibility factors are met.

Rule 5101:1-3-16 - The PRC employer subsidy program

This rule has been amended to govern only PRC employer subsidy programs. All references to OWF subsidized employment programs have been removed and are contained in the new OAC rule 5101:1-3-12.2 subsidized public and private employment.

Rule 5101:1-23-10 - Ohio works first (OWF): Standard filing unit

This rule supersedes section 5101.26 of the Revised Code as indicated in paragraph (A) of the rule. The CDJFS shall follow OAC rule 5101:1-23-10 rather than the Revised Code section indicated.

Language from paragraphs (C)(8), (C)(9) and (C)(11) has been stricken. The language contained in these paragraphs allowed for child (ren), and in some instances parents, who enter the home after the fail date or ineligibility date in those three situations to receive OWF. The parents who failed or caused the ineligibility were excluded from the standard filing unit. With the issuance of this rule, these children will no longer be eligible for OWF unless the parent(s) comply with the sanction or penalty and their OWF is reinstated.

CRIS-E System Changes

Initial CRIS-E programming changes are being made to support the effective date of the policy. We are in the process of determining additional needed system changes to implement the regulations. Further programming requirements are scheduled for design and implementation immediately after the effective date, so that we can fully support all necessary changes for reporting and processing. Further details will be issued shortly to announce the changes that have been made for the effective date of this transmittal.

Transition Steps

An ad hoc report has been prepared using CRIS-E data to identify the open OWF assistance groups under the sanctions and penalties outlined in OAC rule 5101:1-3-15.1.

The ad hoc report was forwarded to the CDJFS to work with these families. The ad hoc report showed 419 sanctioned families and 131 families ineligible due to receipt of fraudulent assistance. These families must comply or lose OWF eligibility no later than December 31, 2006. The ad hoc report will be used to send notification to these affected assistance groups informing them of the requirement to comply. A second notification will occur after October 1, 2006 to ensure that all of the assistance groups are adequately notified.

The expectation is that CRIS-E will run a mass change to terminate these cases by December 31, 2006 if they have not complied and had their cases reinstated. Further details will be provided as they become known.

INSTRUCTIONS: