This letter transmits changes to OWF rules as a result of recent clarifications received from the United States Department of Health and Human Services in reference to the Work Verification Plans required to be submitted pursuant to 42 U.S.C. §607 (i)(2).

This letter transmits changes with the effective date of July 1, 2007. If there are changes made to any of the rules contained in this CAMTL 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 in the clearance process.

CHAPTER 1000

5101:1-2-15 Voter registration requirement. (CCN 5963)

This rule has been reviewed in accordance with the five-year rule review requirements in Section 119.032 of the Revised Code. Most of the proposed changes to the rule are formatting changes and are not substantive.

This rule is being amended to add medical assistance programs to paragraph (C)(2). Voter registration forms must be provided to all applicants and recipients of cash, medical and food stamp benefits pursuant to Section 329.051 of the Revised Code.

CHAPTER 2000

5101:1-3-01 Ohio works first (OWF): federal work participation rates (CCN 5961)

In paragraphs (F)(1)(a) to (F)(1)(d) the language "average of thirty-five hours a week" was revised to "at least an average total of thirty-five hours a week" to accurately reflect the language in 42 U.S.C 607(c). This additional language also clarifies that the work eligible individual´s weekly hours can fluctuate.

In paragraphs (F)(1)(b) and (F)(1)(d) language was added from 42 U.S.C. 607(c)(1)(B) regarding a two-parent assistance group receiving federally-funded child care and an adult in the family is not disabled or caring for a severely disabled child. If neither of these situations exist, the two-parent assistance group is required to participate in work activities for an average total of fifty-five hours per week.

Paragraph (F)(4)(b) has been added to clarify that a minor head of household is deemed to be meeting the work participation requirements if the individual is maintaining satisfactory attendance at secondary school or participating in education directly related to employment for at least twenty hours per week. This conforms with the language in 42 U.S.C 607(c)(2)(C).

Paragraph (F)(4)(c) has been added to clarify that deeming is allowable in an assistance group where both parents are under twenty years of age.

In paragraphs (F)(1)(a) to (F)(1)(d) language has been added to indicate the total monthly average hours required in order to meet the federal participation rate for each assistance group type.

5101:1-3-12 Ohio works first (OWF): work activities. (CCN 5961)

Language has been added throughout paragraph (C) to expand the group of individuals who are required to complete an appraisal or assessment to include work eligible individuals, adults and minor head of households in the assistance group. Aliens who are ineligible to receive OWF due to their immigration status and recipients of Supplemental Security Income (SSI) are not required to complete an appraisal or assessment. Parents who are in the assistance group who are required to be in the home to care for a disabled family member who is not attending school full time pursuant to paragraph (B)(1)(d) are required to complete an appraisal or assessment.

All adults and minor heads of household in the assistance group and all work eligible individuals who complete an appraisal or assessment must complete a Self Sufficiency Contract and Plan as set forth in paragraph (D). Only work eligible individuals are required to participate in work activities. Those parents who are not work eligible because they are required to be in the home to care for a disabled family member who is not attending school full time pursuant to paragraph (B)(1)(d) will not have work requirements, but will still be required to cooperate in establishing a minor child´s paternity and establishing, modifying and enforcing a support order for the child in accordance with section 5107.22 of the Revised Code. Cooperation with child support is a required component of the Self Sufficiency Contract and Plans. Parents who are work eligible but are not members of the assistance group are not required to cooperate with child support in accordance with section 5107.22 of the Revised Code. Minor heads of household who are participating in the LEAP program are required to complete a Self-Sufficiency Contract, but are not subject to the work participation requirements unless the minor head of household fails to attend an assessment, fails to enroll in school or withdraws from school.

Paragraph (D)(5)(k) has been added to reflect the requirement that the good cause reasons as set forth in paragraph (H)(3) of this rule are to be included in the contract.

The JFS 03801 "Ohio Works First Self-Sufficiency Contract" model has been revised and is included in this packet. Paragraph (D)(6) references the JFS 03801. The county department of job and family services (CDJFS) may use the JFS 03801 or develop its own contract/plan provided that the elements in paragraph (D)(5) are contained in the contract/plan.

In paragraph (E) language has been added to include the word "paragraph" before citing to (E)(4).

In paragraphs (E)(3)(b) to (E)(3)(d) language has been added to include the word "total" to reflect an average total amount of participation hours required for each assistance group.

Based upon an appraisal or an assessment, a CDJFS may determine that the participant may not be able to work the required amount of hours to meet the participation rate. In two-parent assistance groups, one work-eligible parent may complete all of the required work hours. Language has been added to paragraph (E)(4) to reflect this policy. In paragraph (E)(4) the word "exempt" has been replaced with "reduce". Language has also been changed from "individual from participation in a work activity" to "individual´s hours of participation in a work activity". The sentence "For all or some of the weekly hours otherwise required" has been changed to "less than the weekly hours otherwise required". The language change was to make the concept more understandable.

Paragraph (E)(8) has been added to clarify that the only applicant assignment is job search or job readiness in accordance with rule 5101:1-3-12.5 of the Administrative Code.

In paragraph (G)(1) language was added to indicate that work eligible individuals and members of an OWF assistance group who fail or refuse to comply with a provision of the Self Sufficiency Contract are subject to a three tier sanction as set forth in rule 5101:1-3-15 of the Administrative Code.

In paragraph (H)(3)(g) language has been revised from "due to weather or other emergency" to "for the day due to weather, emergency or for another reason" as a result of clearance comments received.

In paragraph (H)(3)(k) language has been revised from "other absences excused at the discretion of the CDJFS director or designee" to "other circumstances determined on a case by case basis, by the CDJFS, that are considered a fair and reasonable justification for the work eligible individual´s failure or refusal to comply in full with a provision of the Self Sufficiency Contract".

Paragraph (K)(7) has been added which limits any required hours of an assignment to be in a non-core activity if any portion of the first twenty core requirement has been deemed.

Throughout paragraph (L) the phrase "work eligible individual" has either replaced the phrase "OWF recipient" or is in addition to the OWF recipient.

5101:1-3-12.1 Unsubsidized employment. (CCN 5961)

Paragraph (B)(6) has been added to clarify that hours of employment as a result of in-kind or barter income meet the definition of unsubsidized employment. In-kind or barter income is defined as an exchange of property or services.

Paragraph (C)(4) has been stricken as the CDJFS does not need to determine the actual hours employed for an OWF recipient whose employment is terminating.

5101:1-3-12.2 Subsidized public and private employment. (CCN 5961)

In addition to the specific changes listed below, this rule was reformatted to include only the definition of subsidized employment program (SEP) as an allowable work activity for the OWF program. All requirements related to a CDJFS-administered SEP previously included in this rule have been moved to rule 5101:1-3-16 of the Administrative Code. This change was made to clarify the distinction between the definition of SEP as a work activity and requirements for CDJFS-administered programs.

Language has been included in paragraph (B) to clarify that work study which involves paid employment provided by an educational institution meets the definition of subsidized employment.

Previously, a cap of $350.00 was included in rule 5101:1-3-12.2 of the Administrative Code. This requirement has been revised and the recommendation of the employer subsidy payment of no more than fifty percent of the participant´s wages as paid by the employer has been added to rule 5101:1-3-16 of the Administrative Code. Language has also been added in paragraph (B)(3) allowing an employer to receive up to twelve monthly subsidy payments per individual placed with an employer. The current rule limited payments to six months or up to twelve months for individuals with disabilities. Longer durations may be appropriate for supported employment with individuals with disabilities if justified by individualized needs assessment.

5101:1-3-12.4 On-the-job training (OJT). (CCN 5961)

Paragraph (B)(2) has been added which clarifies that paid internships may meet the definition of OJT.

Paragraph (B)(3) has been added which clarifies that subsidized employment and training may meet the definition of OJT.

Paragraph (C)(4) has been stricken as the CDJFS does not need to determine the actual hours employed for an OWF recipient whose employment is terminating.

5101:1-3-12.5 Job search and job readiness. (CCN 5961)

In paragraph (C) language has been added requiring the submission of verified hours of participation by third party providers no less frequently than on a bi-weekly basis. This language does not change the requirement of daily supervision for participants.

5101:1-3-12.7 Vocational education. (CCN 5961)

Paragraph (B)(4) has been added for the CDJFS to count actual hours of participation in the classroom and not any semester or quarter hour credit hours that a student may have.

5101:1-3-12.8 Providing child care services to an individual who is participating in a community service program. (CCN 5961)

Paragraph (B)(3) has been added to clarify that in two-parent assistance groups, one parent cannot count as participating in this assignment by providing child care for his or her own children while the other parent participates in Community Service.

5101:1-3-12.9 Job skills training directly related to employment. (CCN 5961)

Paragraph (B)(2)(c) has been added to clarify that post-secondary education leading to a bachelor´s or advanced degree and unpaid internships may meet the definition of job skills training directly related to employment.

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. (CCN 5961)

Language has been added to paragraph (B)(1) to include English as a second language, career training, alternative school, tutoring, drop out prevention, teen pregnancy and parenting classes to the definition for this activity.

5101:1-3-16 The prevention, retention and contingency (PRC) employer subsidy. (CCN 5961)

This rule has been reformatted to include the program requirements for CDJFS-administered employer subsidy programs. In paragraph (A) a recommended employer subsidy payment of no more than fifty percent of the participant´s wages as paid by the employer has been added. Previously, a cap of $350.00 was included in rule 5101:1-3-12.2 of the Administrative Code.

Rule 5101:1-23-01 Ohio works first (OWF): time-limited receipt of assistance. (CCN 5944)

This rule has been reviewed in accordance with the five-year rule review requirements in Section 119.032 of the Revised Code. Most of the proposed changes to the rule are formatting changes and are not substantive.

Modifications to the rule include the addition of references to the definitions of adult and minor head of household contained in Revised Code section 5107.02 to paragraph (C) which contains the listing of countable individuals for OWF time limit purposes. Specifically, the reference to Revised Code Section 5107.02 was added to paragraphs (C) (1), (C) (3) and (C) (4). Paragraph (D), "Designation of countable individuals as head of household" of the rule has also been modified. Specifically, paragraph (D) (1) is amended with the removal of a reference to "minor parents" contained in the first sentence. This language is removed because it is inconsistent with the definition of minor head of household. One of the conditions for being a minor head of household is that the minor is married, as set forth in Revised Code Section 5107.02. The sentence being amended in this paragraph refers to an assistance group containing two unmarried parents, which excludes minor parents who are not minor heads of household. In addition, paragraph (D)(3) is being deleted because it contains policy that is obsolete, as the situation contained in this paragraph does not contain an adult or minor head of household, and thus is not subject to time-limited receipt of assistance.

Rule 5101:1-23-01.1 Ohio works first (OWF): time limits and the calculation of the twenty per cent limits for state and federal hardship extensions. (CCN 5944)

This rule has been reviewed in accordance with the five-year rule review requirements in Section 119.032 of the Revised Code. All proposed changes to this rule are formatting changes only, and there are no substantive changes proposed to this rule.

5101:1-23-40 OWF: payments. (CCN 5958)

Effective July 1, 2007, all state warrants will be processed through the Ohio Administrative Knowledge System (OAKS). As a result of this new benefit delivery system, one payment method, vendor payments, has been identified as outside of the scope of OAKS and would require significant programming. As vendor payments are not mandated under state or federal law or regulations, a decision was made to eliminate this payment method for the cash program. Therefore, this rule is being amended to remove vendor payments as a method of payment available to the OWF assistance group in money mismanagement situations. In these situations, the CDJFS may use protective payees or authorized representatives as alternatives to vendor payments. The definition of "money mismanagement" has been moved to paragraph (K)(2)(c) of this rule.

Prior to the decision to eliminate vendor payments, a report that listed all vendor pay cases for calendar year 2006 was generated from CRIS-E. During 2006, there were no more than three cases statewide per month that were identified in vendor pay status. The two OWF assistance groups that remained on vendor pay status have been moved to another pay status.

CAM APPENDIX - JFS FORMS

JFS 03801 Ohio Works First Self Sufficiency Contract (Rev. 05/2007) (CCN 5961)

On August 27, 1997, Ohio Works First (OWF) Letter #2 was issued to share a model Self-Sufficiency Contract and Plan (SSC/P) that had been developed by ODJFS. The model was revised and reissued with OWF/PRC Guidance Letter #39 in October 2001. As a result of the recent federal changes reauthorizing the TANF program, it has become necessary to revise the model document to reflect those changes. The issuance of this CAMTL containing the revised JFS 03801 will obsolete Ohio Works First (OWF) Letter #2 and OWF/PRC Guidance Letter #39.

The following changes have been made to the JFS 03801:

• The section that requires the CDJFS to provide a copy of the good cause reasons for failing to comply with the Self Sufficiency Contract and Plan (SSC/P) and to provide a copy of the just cause reasons for terminating employment has been removed as these reasons are now listed in the SSP.
• As set forth in paragraph (D) of rule 5101:1-3-12 of the Administrative Code, a Self-Sufficiency Contract is required for adults and minor heads of household in the assistance group and each work-eligible individual as set forth in rule 5101:1-1-01 of the Administrative Code. A paragraph has been added to page one to inform individuals that they may not have to participate in work activities if they are parents who are required to be in the home to care for a disabled family member living in the home, and not attending school full time.
• The language "I understand that in order to receive OWF payments…" has been replaced with "I understand that in order for my assistance group to receive OWF payments…". This change was due to the definition of work eligible individuals in Health and Human Services (HHS) regulations including non-recipient parents in the work participation rate.
• The language "food stamps" has been changed to "food stamp benefits" to align with the Food Stamp rules.
• A box has been added for an OWF Ombudsperson´s name and telephone number. Each CDJFS shall have at least one OWF Ombudsperson as set forth in section 329.07 of the Revised Code. The OWF Ombudsperson shall help OWF applicants and recipients resolve complaints about the administration of OWF.

Self Sufficiency Plan

• In section (C), titled Possible Barriers to Employment, space for a client´s current action on barrier removal has been added as a tool for documenting what past and current actions a client has been taking toward barrier removal.
• Language in the table in section (E), titled My Responsibilities and Activity Plan, for documenting an OWF client´s assigned activities, has been revised to simplify the information captured for each assignment. Categories of the table are now: (1) activity and location, (2) assignment start date, (3) assignment end date, and (4) days of the week and time required to be at each activity. The previous category of "category type" has been removed as this information is only relevant for internal documentation for the federal participation rate.
• Also in section (E), language and a table were added to identify those participants, as defined in paragraph (B)(1) of rule 5101:1-3-12 of the Administrative Code, who are temporarily exempt from participating in work activities due to a disabled family member who is not attending school full time that requires their care in the home. The table allows for the documentation of the begin, review and end date of the exemption along with identifying who is disabled. Space was also given to allow for the documentation of what type of verification was received to confirm the need to be in the home and the date the verification was provided.
• In section (H), titled Sanctions for Not Following the Self-Sufficiency Plan, the paragraph regarding good cause for missed hours of participation has been moved to its own section (I).
• Also in section (H) language was added to inform individuals that they may be able to make up missed hours and not be penalized for the absence. The policy pertaining to making up missed hours is contained in paragraph (H) of rule 5101:1-3-12 of the Administrative Code.
• A new section (I), titled Good Cause for Missed Hours, has been added listing good cause reasons for missed hours of work participation that are now defined in paragraph (H) of rule 5101:1-3-12 of the Administrative Code. Prior to September 29, 2006 each CDJFS defined good cause for its county.
• In section (J) language was added on the penalty for not cooperating with LEAP requirements. Specifically, language was added to address the penalty for a failure or refusal to enroll in school, attend an assessment or withdrawal from school.
• A new section (K), titled Just Cause for a Job Quit, has been added. This section gives just cause reasons for a job quit as defined in section 5107.26 of the Ohio Revised Code. An additional section has been added for the CDJFS to enter additional just cause reasons other than those already listed.
• In section (N), titled OWF Ombudsperson, a section has been added to include a name and telephone number of an OWF Ombudsperson to help Ohio Works First applicants and participants resolve complaints the applicants and participants have about the administration of Ohio Works First.

The JFS 03801 will be available for download through the JFS Forms Central site located at: http://www.odjfs.state.oh.us/forms/inner.asp. It will also be translated in the future. Counties will be notified when translated versions are available to download from the forms site.

This model is not meant to replace appraisal and/or assessment procedures that the CDJFS has in place. While the model does reflect the use of the contract/plan for only one required assistance group member, the CDJFS has the option to use one contract/plan per required assistance group member in 2 parent households. If the CDJFS chooses separate plans for assistance group members in 2 parent households, they need to ensure consistency in the scheduling of activities and other requirements to avoid a transportation or child care hardship for the assistance group members.

A CDJFS may choose to adopt the JFS 03801, modify it or create its own. The required elements that must be contained in a CDJFS Self-Sufficiency Contract are contained in paragraph (D) of rule 5101:1-3-12 of the Administrative Code. In addition to these items, Self-Sufficiency Contracts/Plans must also include information regarding assistance to individuals with disabilities and information regarding providing an interpreter to individuals whose primary language is not English.

The CDJFS is strongly encouraged to have its Self-Sufficiency Contract/Plans reviewed by its local prosecutor or agency attorney to ensure that it complies with the requirements of the Ohio Revised Code, Ohio Administrative Code, Title II of the Americans with Disabilities Act of 1990, Section 504 of the Rehabilitation Act of 1973 and Title VI of the Civil Rights Act of 1964.

JFS 07200-S "Pedido para Recibir Efectivo, Estampillas de Alimentos y Asistencia Médica (Rev. 10/2006) (Spanish version)" and JFS 07200-SO "Codsiga Kaashka, Gargaarka Cuntada (Food Stamp), iyo Gargaarka Caafimaadka (Medical Assistance) (Rev. 01/2007) (Somali version)"

This transmittal letter publishes the recently translated Somali and Spanish versions of the JFS 07200 "Request for Cash, Food Stamp, and Medical Assistance (Rev. 10/2006)".

The JFS 07200-S "Pedido para Recibir Efectivo, Estampillas de Alimentos y Asistencia Médica (Rev. 10/2006) (Spanish version)" will be stocked at the ODJFS warehouse and must be re-ordered through the normal channels. The JFS 07200-SO "Codsiga Kaashka, Gargaarka Cuntada (Food Stamp), iyo Gargaarka Caafimaadka (Medical Assistance) (Rev. 01/2007) (Somali version)" will not be stocked at the ODJFS warehouse.

The Spanish and Somali versions of the application are posted at the Ohio Department of Job and Family Services (ODJFS) internet and inner web sites: https://jfs.ohio.gov/ofam/cmandfsa.stm and http://www.odjfs.state.oh.us/forms/inner.asp on the ODJFS Forms Central page.

CAM APPENDIX

JFS Charts

Budget History: Payment Standards For ADC, TANF, OWF

This chart is being revised to include the 10/05 OWF payment increase. The chart will be updated with future increases.

Initial Eligibility Threshold

This chart has been created and will be updated every July when the threshold is adjusted as set forth in section 5107.10 of the Revised Code.

CRIS-E Impact

Currently, parents who are required to be in the home to care for a disabled family member not attending school full time (coded as C9) are not required to sign a Self Sufficiency Contract and Plan. CRIS-E currently requires that a "Y" be entered on AEOIE otherwise the OWF assistance group will fail. A CLVB was issued on December 26, 2006 with instructions on the completion of AEOIE. Effective with the issuance of amended rule 5101:1-3-12 of the Administrative Code this procedure will no longer be necessary as these individuals will be required to sign a Self Sufficiency Contract and Plan even though they have no work participation requirements.

Vendor payment issuance type will be inactivated from the CRIS-E tables for OWF.

INSTRUCTIONS