This cash assistance manual transmittal letter includes the new and amended rules implementing the new Ohio Works First domestic violence policy effective January 1, 2008 and changes to the sanction policy with an effective date of December 29, 2007. If there are any changes made to the rules during the JCARR review period, corrected rules will be sent out in a future 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.

OWF Domestic Violence Option

Background

The federal law governing the Temporary Assistance to Needy Families (TANF) program contains a provision under which a state may certify in its TANF state plan that it has elected the option to implement comprehensive strategies for identifying and serving victims of domestic violence and waiving certain TANF program requirements.

Specifically, 42 U.S.C. §607(a)(7) states:

(7) OPTIONAL CERTIFICATION OF STANDARDS AND PROCEDURES TO ENSURE THAT THE STATE WILL SCREEN FOR AND IDENTIFY DOMESTIC VIOLENCE-.

(A) IN GENERAL.-At the option of the State, a certification by the chief executive officer of the State that the State has established and is enforcing standards and procedures to-

(i) screen and identify individuals receiving assistance under this part with a history of domestic violence while maintaining the confidentiality of such individuals;

(ii) refer such individuals to counseling and supportive services; and

(iii) waive, pursuant to a determination of good cause, other program requirements such as time limits (for so long as necessary) for individuals receiving assistance, residency requirements, child support cooperation requirements, and family cap provisions, in cases where compliance with such requirements would make it more difficult for individuals receiving assistance under this part to escape domestic violence or unfairly penalize such individuals who are or have been victimized by such violence, or individuals who are at risk of further domestic violence.

(B) DOMESTIC VIOLENCE DEFINED.-For purposes of this paragraph, the term "domestic violence" has the same meaning as the term "battered or subjected to extreme cruelty", as defined in section 408(a)(7)(C)(iii).

Current Policy

Ohio currently does not have a statewide domestic violence policy for Ohio Works First (OWF), the state's TANF cash assistance program. Instead, each county department of job and family services (CDJFS) has the discretion to determine when and how to screen for domestic violence, identify individuals subject to domestic violence and refer them to supportive services and counseling. Each county may opt to include domestic violence situations among the reasons to extend OWF beyond 36 months under a hardship or good cause extension. Additionally, each CDJFS has the flexibility to determine whether and how to accommodate domestic violence situations when assigning OWF participants to work activities.

Ohio has a statewide policy for determining whether an OWF participant has good cause for noncooperation with child support requirements. Current rule 5101:12-10-31.3 of the Ohio Administrative Code addresses situations in which a Child Support Enforcement Agency (CSEA) may grant a good cause exception. Domestic violence is not explicitly listed among the good cause reasons, although it is taken into account to some degree in the existing good cause reasons.

Considering the Domestic Violence Option

Among welfare recipients, it is estimated that 50% to 60% have experienced domestic violence over their lifetimes, and 20% to 30% are current victims of abuse (Tolman and Raphael, 2000). While many CDJFS have policies in place to screen, identify and refer participants, no statewide policy exists to which a CDJFS can refer to modify or develop local policy.

In March 2007, Governor Ted Strickland and ODJFS Director Helen Jones-Kelley directed ODJFS to implement the TANF domestic violence option statewide. ODJFS convened a committee of stakeholders to consider the ways the option might be implemented and make recommendations. The group included staff and directors from 8 county departments of job and family services, the Ohio Job and Family Services Directors Association, domestic violence service providers and advocates, legal aid, state legislators and ODJFS staff.

As a result of the committee's work, Chapter 5107 of the Ohio Revised Code, the chapter governing the Ohio Works First program, was amended by Am. Sub. H.B. 119 of the 127th Ohio General Assembly to include a statewide OWF domestic violence policy. The changes include the addition of new sections 5107.71 - 5107.717 which require ODJFS to create a domestic violence screening process, and require each CDJFS to screen and identify for domestic violence and refer individuals to supportive services and counseling. Each CDJFS must consider whether to waive program requirements if requiring compliance with the requirement would make it

more difficult for the individual to escape domestic violence or unfairly penalize the individual. The rules set forth in this cash assistance manual transmittal letter implement these changes and are effective January 1, 2008.

Screening Process

The committee discussed at length the screening process and made recommendations that are incorporated into the rules set forth in this cash assistance manual transmittal letter.

We based the screening process on the experiences of other states and recommendations from members of the committee. Other states have found that using screening tools with personal questions about the family situation did not yield the desired results; participants were less willing to share personal information about abusive situations for fear of embarrassment, pity or concerns of privacy. Most workers thought the questions were too bureaucratic and artificial and stopped using the tools. As a result states have amended their approach to one of universal notification and limited screening questions related specifically to program requirements.

The screening process developed by ODJFS includes providing universal notification of the domestic violence policy, including availability of supportive services and of waivers of program requirements, to every OWF applicant and participant. The few screening questions that are being proposed are written in ways that are the least intrusive and allow individuals to reveal as little about their private lives as necessary to assess whether a referral is necessary and to explore whether program requirements might need to be waived.

Child Support Cooperation Requirement

In addition to the rules set forth in this cash assistance manual transmittal letter, rule 5101:12-10-31.3 of the Ohio Administrative Code is being rescinded and replaced by rule 5101:12-10-32 by the Office of Child Support. The replacement rule incorporates the requirements of ORC Chapter 5107 regarding domestic violence and describes the process the CSEA will use when a request for a good cause waiver of the requirement to cooperate with the CSEA is received. The proposed good cause waiver requirements are applicable to OWF, Medicaid, and IV-E foster care maintenance participants.

The replacement rule distinguishes between temporary good cause waivers and permanent good cause waivers. A temporary good cause waiver may be approved when cooperation would make it more difficult for the caretaker or child to escape domestic violence or when adoption proceedings are pending or are under active consideration. A permanent good cause waiver may be approved when the child was conceived as a result of incest or rape and cooperation with the CSEA would be detrimental to the child.

The replacement rule will take effect January 1, 2008.

Food Stamps/FSET

Ohio will be amending its statewide FSET plan to include the provision for food stamp participants to be excused from the FSET requirements if participating in FSET activities could place the individual or family at risk or unfairly penalize them. Food stamp rules 5101:4-3-11 and 5101:4-3-29 have been amended and will also be effective January 1, 2008.

Training

In 2006, the Ohio Domestic Violence Network (ODVN) was awarded a TANF demonstration grant to provide domestic violence training to CDJFS and to develop a toolkit to aid CDJFS employees in screening TANF recipients for domestic violence. Staff from 46 CDJFS received training under this project. ODVN also developed the TANF Training Project Toolkit, which is available for download at www.odvn.org/PDFs/ODVN_toolkit.pdf, to provide CDJFS staff with resources to assist in working with victims of domestic violence. The TANF demonstration grant ended June 30, 2007.

ODJFS is currently developing a new TANF domestic violence training project to make domestic violence awareness training available to the remaining 42 CDJFS and to CSEAs around the state.

Additionally, ODJFS will conduct 10 regional trainings around the state. Aimed at CDJFS and CSEA administrators and supervisors, the training will present the new domestic violence policy as well as discuss domestic violence awareness and child abuse reporting requirements. These sessions will be conducted in November and December 2007. CEUs will be available for attendance at these trainings.

CRIS-E

CRIS-E systems changes are currently in development. Detailed changes to the CRIS-E system will be issued via a view flash bulletin (CLVB) prior to the January 1, 2008 implementation date.

What are the specific new and amended rule changes?

The policy set forth in the rules contained in this cash assistance manual transmittal becomes effective January 1, 2008. Following is a description of each rule included in this CAMTL.

Chapter 1000

Rule 5101:1-2-01, "The application process for Ohio works first (OWF), disability financial assistance (DFA), and refugee cash assistance (RCA)" (CCN 6093)

We have amended this rule to incorporate the universal notification of OWF applicants and participants to the new domestic violence policy and where to get help. The newly created JFS brochure titled "Domestic Violence: You Have a Right to be Safe" is a document that the CDJFS must provide at the face-to-face interview (both at application and reapplication).

The JFS 7092, "Notice to Individuals Applying for or Participating in Ohio Works First (OWF) Regarding Cooperation with the Child Support Enforcement Agency", has been revised to reflect the new child support policy on good cause for noncooperation and is also to be used to provide notification of the policy to all OWF applicants and participants. The CDJFS must send the JFS 07092 to the CSEA each time the individual signs the form to claim good cause for refusal to cooperate with child support, and any time that the individual indicates that a good cause waiver is no longer necessary.

Chapter 2000

Rule 5101:1-3-10, "Ohio works first (OWF): child support requirement" (CCN 6093)

We have added language to this rule reflecting the new policy regarding good cause for noncooperation with child support due to domestic violence. Only the CSEA may determine whether an individual may be granted good cause for noncooperation with child support. Once the determination is made, the CSEA will notify the CDJFS of the result of the good cause determination. The CDJFS may not deny, delay or discontinue assistance pending a determination by the CSEA concerning good cause for refusal to cooperate.

Rule 5101:1-3-12, "Ohio works first (OWF): work activities" (CCN 6075)

*Please note: The effective date of this rule is December 29, 2007. It is being included in this CAMTL because the changes to the rule include the addition of policy addressing domestic violence.

We have added language in paragraph (C) that requires the CDJFS to conduct a domestic violence screening with each appraisal.

We have added language in paragraph (E) which allows the CDJFS to waived the OWF work requirements for circumstances of domestic violence.

We have added language in paragraph (H) in the following manner:

• Circumstances of domestic violence as a good cause reason for a participant's failure to comply in full with a provision of the self sufficiency contract; and
• A waiver of work participation or child support cooperation is not required in order to be approved for "good cause" for a failure to comply in full with a provision of the self sufficiency contract due to circumstances of domestic violence.

Rule 5101:1-3-20, "Ohio works first (OWF): domestic violence" (CCN 6093)

This new rule has been created to define the process required for the notification, screening, referral for counseling and supportive services, and the waiver of program requirements in domestic violence situations.

The rule provides:

• the statutory definition of "domestic violence,"
• a general review of the responsibilities of the CDJFS, what information should be provided and at what intervals it must be provided;
• the policy for screening assistance groups for domestic violence, and the different situations during which screening should occur;
• when a CDJFS should make a referral based on screening;
• when a CDJFS must waive OWF program requirements;
• a list of the OWF eligibility requirements that can be waived;
• how long a waiver due to domestic violence may last; and
• the requirement to provide prior written notice to the individual of the CDJFS decision on the waiver request.

Screening should occur during the appraisal interview, the review of eligibility at the expiration of OWF due to state or federal time limits, when good cause for refusal to cooperate with child support is requested by the individual, when there is a failure to comply with the terms of the self-sufficiency contract, and at other times as determined necessary by the CDJFS.

The CDJFS must refer an individual for counseling and supportive services if the individual responds affirmatively to any screening question at any interval listed in paragraph (D) of the rule. It is also important to note that the individual may decline the referral at the point of referral, or may stop counseling or supportive services at any time.

Rule 5101:1-23-01, "Ohio works first (OWF): time-limited receipt of assistance" (CCN 6093)

This rule now includes "domestic violence" as an additional condition under which an individual subject to the 36-month state time limit may receive benefits beyond the 36- month limit.

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 6093)

This rule has been amended to state that months of OWF benefits that an assistance group receives in excess of the 36-month time limit due to an extension granted as a result of a domestic violence waiver do not count toward the county's 20% limit for state hardship extensions.

Months of OWF benefits received by an assistance group in excess of the federal 60 month time limit due to an extension granted as a result of a domestic violence waiver do count toward the county's 20% limit for hardship extensions.

Forms

New JFS form 08024, "Domestic Violence: You have a Right to be Safe" (Rev. 01/2008) is included in this CAMTL. It is a brochure that a CDJFS must provide to an assistance group

during the application and reapplication interviews. The final version of this brochure will be available for order from ODJFS as well as posted to the online forms section of the ODJFS web

site. In the future, the brochure will be translated into Spanish and Somali. A separate CAMTL will be issued with these translated forms.

New JFS form 03803, "Ohio Works First (OWF) & Food Stamps: Domestic Violence Waiver Request and Verification Form" (Rev. 01/2008) is also a new form created for office use only, and to be used by the CDJFS when an individual responds affirmatively to any screening question at any time whether it is at an appraisal or assessment interview, or at any other time the individual discloses potential domestic violence circumstances. The form can be used for self-attestation by the individual to verify the reason for the request for waiver due to domestic violence. This form will not be stocked at the ODJFS warehouse, but will be posted to the online forms section of the ODJFS web site.

Amended JFS form 07092, "Notice to Individuals Applying for or Participating in Ohio Works First (OWF) Regarding Cooperation with the Child Support Enforcement Agency (CSEA)", (Rev. 01/2008) is also attached. This form has been amended to include reference to the domestic violence waiver as a condition for refusal to cooperate with child support. Also, this form will be used by the CDJFS to notify the CSEA that a request for good cause waiver due to domestic violence has been made by an individual. This form will not be stocked at the ODJFS warehouse, but will be posted to the online forms section of the ODJFS web site. In the future, the brochure will be translated into Spanish and Somali. A separate CAMTL will be issued with these translated forms.

OWF Three-Tier Sanctions

Chapter 2000

Rule 5101:1-3-15, "Ohio Works First (OWF): Three-Tier Sanctions" (CCN 6075)

*Please note: The effective date of this rule is December 29, 2007.

We have added language in paragraph (F) to clarify that a sanction shall not be held in abeyance for individuals who are serving the sanction time period for a previously imposed sanction. All other proposed changes to this rule are grammatical and formatting changes only.

INSTRUCTIONS: