Section 119.032 of the Ohio Revised Code requires a review of all state agency rules within a five-year period. The purpose of this review is to determine whether a rule should be continued without amendment, be amended or be rescinded, taking into consideration the rule's purpose and scope. In addition, the intent of the review is to ensure that rules are clear and concise as written, program requirements are accurate and up-to-date, unnecessary paperwork is eliminated, and, when possible, local agencies are given more flexibility.
This letter transmits changes with the effective date of September 1, 2008. 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
5101:1-1-40 "Administrative Subpoena" (CCN 6270)
The policy in this rule regarding the investigative responsibilities in the performance of duties by the Ohio Department of Job and Family Services, County Departments of Job and Family Services and Child Support Enforcement Agencies are identical to the language found in section 5101.37 of the Revised Code. Therefore, an administrative decision has been made to obsolete this rule. The agencies are instructed to follow section 5101.37 of the Revised Code.
5101:1-2-30.1 "Benefit Eligibility: Victims of Trafficking" (CCN 6239)
The changes to this rule are formatting changes and are not substantive.
We have added language regarding the use of the form SS-5 (05-2006) "Social Security Administration Application for a Social Security Card" in this rule. This is the form that is used for victims of trafficking to apply for a social security card. A copy of the form will be included in the Cash Assistance manual forms appendix and online at Forms Central.
5101:1-2-30.3 "Benefit eligibility: Family Members of Victims of Trafficking" (CCN 6239)
The changes to this rule are formatting changes and are not substantive.
CHAPTER 2000
5101:1-3-18 "Individual Development Account (IDA) Program" (CCN 6239)
We have rescinded the former version of this rule and have revised the format for the new rule. Section 329.14 of the Revised Code was amended with Amended Substitute House Bill 119 of the 127th General Assembly. An individual whose household income does not exceed two hundred per cent of the federal poverty level is eligible to participate in an individual development account program established by the county department of job and family services of the county in which the individual resides.
In addition, the amount that the fiduciary organization may deposit into the account increased from two times to four times the amount deposited by the participant. A fiduciary organization may not, pursuant to an agreement with an employer, deposit an amount into an account held by a participant who is employed by the employer. An account may have no more than ten thousand dollars in it at any time.
IDAs can only be used for three purposes: (1) postsecondary educational expenses; (2) expenses in the purchase of a home; or (3) capital expenses for a business. These purposes were added to the rule.
CHAPTER 3000
Rule 5101:1-5-70 "Disability financial assistance (DFA): interim assistance" (CCN 6278)
We have made minor changes to this rule by spelling out acronyms when first used, and adding dates to citations for laws and for forms.
Recently, we have been made aware of changes that will be implemented by the Social Security Administration in the future related to moving from paper forms to an electronic process to improve the interim assistance reimbursement process. Once we are provided with the details and time frame for the changes, we will revise the rule and related forms to reflect the new electronic reimbursement process. It is our understanding that the SSA procedural changes should be finalized later this year.
CHAPTER 4000
5101:1-2-60 "Repatriate Program" (CCN 6270)
We have rescinded the old rule and drafted a new rule for purposes of clarity.
An explanation regarding what the program is, eligibility criteria, and how the program works is provided. Under the program there are three types of temporary financial assistance:
- Cash assistance at the port of entry;
- Medical assistance; and
- Subsistence and resettlement expenses.
All forms of assistance as designated above will be the responsibility of the CDJFS if or when a repatriated individual(s) comes to its specific county. This rule also provides information regarding how much assistance a repatriate may receive within a ninety day period of arrival and the amount of potential assistance an individual may be eligible to receive in the second or third month of eligibility. The maximum amount of subsistence and resettlement assistance which may be provided to a repatriate for the first month of the ninety day period is up to $560 per individual. The remaining two months of assistance that an individual may receive is based on the appropriate Ohio Works First (OWF) payment standard for the assistance group size. This is a change from the current rule in accordance with the Department of Health and Human Services (DHHS) Office of Family Assistance Action Transmittal Repatriation FSA-AT-90-1.
Assistance benefits issued by the CDJFS will be 100% reimbursed by the International Social Service/United States of America Branch, Incorporated.
An administrative decision has been made to align the resource eligibility limit of a repatriate from $1500 to $2000 (or $3000 if elderly or disabled) in accordance with food stamp rule 5101:4-4-01 of the Administrative Code.
Several forms from the DHHS are included within this packet for your review. They are:
- Temporary Assistance for Repatriates Pamphlet ;
- U.S. Repatriate Program Privacy Act Statement/Repayment Agreement ; and
- Repatriation Program Consent Form immediately.
The pamphlet is to be issued to each repatriate to explain program information. The privacy statement/repayment agreement authorizes the disclosure of information about the repatriate to other federal, state or private organizations to allow DHHS and other federal agencies to carry out functions related to the repatriate's return. The repatriate must also be informed of the requirement to repay the United States government.
The program consent form allows DHHS, Administration for Children and Families, the Office of Refugee Resettlement, and the Repatriation program to collect and have access to the repatriate's protected health information and to disclose protected health information for the purpose of making program financial decisions.
The JFS 07358, "Repatriate Monthly Case Summary Report" and the JFS 07359, "Repatriate Monthly Summary of Expenditures, both revised 12/2007, are also included.
All of the forms are contained in the CAM Appendix.
CAM APPENDIX-JFS FORMS
Other Agency Forms
Social Security Administration Application for a Social Security Card SS-5 (05/2006) this form will be available on the ODJFS website at http://www.odjfs.state.oh.us/forms/inter.asp upon the issuance of this Cash Assistance Manual Transmittal Letter.
JFS CHART
Initial Eligibility Threshold has been revised and will be updated every July to include ongoing COLA increases.
INSTRUCTIONS:
LOCATION | REMOVE AND FILE AS OBSOLETE | INSERT/REPLACEMENT |
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CHAPTER 1000 JOINT PROGRAM POLICIES | | |
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5101:1‑1‑40, effective July 1, 2003
| N/A |
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5101:1‑2‑30.1, effective July 1, 2005
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5101:1‑2‑30.1, effective September 1, 2008
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5101:1‑2‑30.3, effective July 1, 2005
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5101:1‑2‑30.3, effective September 1, 2008
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CHAPTER 2000 TANF: OWF AND PRC | | |
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5101:1‑3‑18, effective January 1, 2005
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5101:1‑3‑18, effective September 1, 2008
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CHAPTER 3000 DISABILITY FINANCIAL ASSISTANCE | | |
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5101:1‑5‑70, effective July 1, 2003
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5101:1‑5‑70, effective September 1, 2008
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CHAPTER 4000 SPECIAL PROGRAMS |
5101:1‑2‑60, effective July 1, 2003
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5101:1‑2‑60, effective September 1, 2008
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CAM APPENDIX JFS Forms | | |
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Outline of Contents, dated August 1, 2008 (CAMTL 41)
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Outline of Contents, dated September 1, 2008 (CAMTL 42)
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JFS 07358, "Monthly Case Summary Report" (Rev. 04/97)
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JFS 07358, "Repatriate Monthly Case Summary Report" (Rev. 12/2007)
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JFS 07359, "Repatriate Monthly Summary of Expenditures" (Rev. 04/97)
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JFS 07359, "Repatriate Monthly Summary of Expenditures (Rev. 12/2007)
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Other Agency Forms | N/A | Repatriation Program Consent Form immediately following I-94 - Approval Record |
| N/A |
( SS-5 ) "Social Security Administration Application for a Social Security Card". (effective 05/2006), immediately following SAVE-Status and Documentation Requirements for the Refugee Resettlement Program
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| Temporary Assistance for Repatriate Brochure | Temporary Assistance for Repatriates Pamphlet |
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U.S. Department of Health and Human Services-Administration for Children and Families, Repayment Agreement (ACF 120)
| U.S. Repatriate Program Privacy Act Statement/Repayment Agreement |
JFS CHART | | |
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Initial Eligibility Threshold (effective 07/2007)
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Initial Eligibility Threshold (effective 07/2008)
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