This letter transmits revisions to rules, and the creation of new rules with the proposed effective date of November 1, 2006. There were no changes made to any of the rules during the JCARR review period. 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 5101:1-2-30Citizenship: Ohio Works First and Disability Financial Assistance (CCN 5760)

References to the Disability Financial Assistance (DFA) program have been made throughout the rule. The Temporary Assistance for Needy Families (TANF) and Supplemental Security Income (SSI) programs have been added. Also, the Immigration and Naturalization Service (INS) has now been changed to the Department of Homeland Security (DHS).

Former paragraph (B)(10) references the Permanent Residence Under Color of Law (PRUCOL) definition which is an immigration status that no longer applies for noncitizens residing in the United States (U.S.) therefore this language has been stricken from the rule.

Current paragraph (B)(10) of this rule provides a listing of qualified aliens. Based upon a Federal Policy Announcement (TANF-ACF-PA-2005-01), this listing now contains language for Indian tribes who are and have been considered qualified aliens, lawfully admitted for permanent residence in accordance with section 4(c) of the Indian Self-Determination and Education Assistance Act and 8 CFR section 289 with evidence that s/he was born in Canada, has at least fifty per cent Native American blood, and has established and maintained residence in the U.S.

Paragraph (D)(3)(f) has been revised to reference the correct paragraph of this rule for a spouse or unmarried dependent child of an individual who is considered a veteran or on active duty and lawfully residing in Ohio.

Rule 5101:1-2-30.2Benefit Eligibility: Indefinite Detainees/Lifers (CCN 5760)

Throughout this rule references to the Immigration and Naturalization Service (INS) have now been changed to the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS).

Paragraph (B) of this rule has been revised to reflect the addition of individuals who are released from indefinite detention and may meet the definition of a Cuban/Haitian entrant.

Paragraph (E)(2) now contains a new phone number and an e-mail address at the Office of Refugee Resettlement (ORR) to contact when a need for an eligibility determination of an indefinite detainee arises.

Rule 5101:1-2-35Sponsor-to-Alien Deeming Requirements: OWF and DFA (CCN 5760)

This rule sets forth the sponsor deeming requirements for aliens. Due to substantial changes required by the U.S. Department of Health and Humans Services (HHS), former rule 5101:1-2-35 is being rescinded and new rule 5101:1-2-35 is being created.

The Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996 as amended by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) and the Balanced Budget Act (BBA) of 1997 requires the attribution of a sponsor's income and resources to an alien.

When an alien who is sponsored pursuant to an I-864, Affidavit of Support applies for assistance, the County Department of Job and Family Services (CDJFS) must deem the sponsor's income and resources as well as the income and resources of the sponsor's spouse to the alien. The deeming applies until the alien becomes a United States (U.S.) citizen, has earned or can be credited with forty qualifying quarters of work, departs the U.S. permanently, or dies. When the income or resource of a spouse or any other household member is being used to qualify an alien for sponsorship, an I-864A, "Contract between Sponsor and Household Member," is completed.

If an I-864 Affidavit is signed on or after December 12, 1997 and an application is made for Ohio Works First (OWF) or Disability Financial Assistance (DFA), the applicant is subject to the deeming requirements upon the expiration of the five-year bar for receipt of OWF or DFA.

Paragraph (B) of this rule sets forth the situations where the sponsor deeming requirement does not apply.

The income of a sponsor and sponsor's spouse shall be deemed to a sponsored alien in accordance with the income allocation methodology in rule 5101:1-23-20 of the Administrative Code.

The resources of a sponsor and sponsor's spouse shall be deemed to a sponsored alien in accordance with rule 5101:1-5-30 of the Administrative Code.

In some cases, an alien may have two sponsors, both of whom executed an I-864 and an I-864A Affidavit. In this situation, the income and resources of both the primary and joint sponsor(s), as well as their respective spouses must be deemed equally (divided and budgeted) to the sponsored alien.

A copy of forms I-864, "Affidavit of Support" under Section 213A of the INA and the I-864A, "Contract Between Sponsor and Household Member" are included for review.

INSTRUCTIONS: