On February 5, 2008, the Temporary Assistance for Needy Families (TANF) final rules were published by the United States Department of Health and Human Services (HHS) in the Federal Register. There are some significant changes from the interim final rules that were published on June 29, 2006. The changes resulted from comments to the interim final rules submitted during the sixty-day comment period. Those providing comments represented state human service agencies, state legislators, national associations, advocacy and disability groups, community and faith-based organizations, Indian tribes and tribal organizations, educators, and the general public.

Effective December 29, 2007, Public Law (PL) 110-161 granted certain Iraqi and Afghan aliens special immigrant status under section 101(A)(27) of the Immigration and Nationality Act (INA). Individuals and family members granted this special immigrant status are eligible for resettlement assistance, entitlement programs, and other benefits the same as refugees admitted under section 207 of the INA. Action Change Transmittal (ACT) #245 was issued on April 3, 2008, announcing this change. ACT #245 will be obsoleted with this CAMTL.

This letter transmits revisions to rules with the proposed effective date of October 1, 2008. If there are any changes made to any of 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.

Chapter 1000

Rule 5101:1-2-30 Citizenship: Ohio works first and disability financial assistance. (CCN 6274)

This rule is being amended to incorporate policy recently received from the Administration for Children and Families, in HHS, regarding PL 110-161 of the Consolidated Appropriations Act of 2008 and PL 110-181, National Defense Authorization Act of 2008, granting special immigrant status to certain Afghan and Iraqi aliens for a time-limited period.

An Iraqi or Afghan special immigrant is potentially eligible for Ohio Works First and Refugee Cash Assistance. Iraqi and Afghan special immigrants must meet the income, resource and other eligibility requirements to the same extent as refugees. The eligibility period starts at the date of entry and ends at six months for Afghan special immigrants, and eight months for Iraqi special immigrants. Once the six or eight month exemption period ends, the special immigrant would no longer be exempt from the five-year bar on receipt of a federal means-tested public benefit. The special immigrant is a Legal Permanent Resident (LPR) and is subject to the same treatment as other LPR's.

Chapter 2000

Rule 5101:1-1-01 Temporary assistance for needy families (TANF) definitions. (CCN 6284)

The interim TANF final rules introduced the definition of "work eligible individual." All "work eligible individuals" must be in the denominator of the work participation rate.

The federal definition of "work eligible individual" has changed with the issuance of the TANF final rules and has been changed in this rule. The specific changes to the definition will be addressed in the narrative to rule 5101:1-3-12 of the Administrative Code.

Rule 5101:1-3-01 Ohio works first (OWF): federal work participation rates. (CCN 6284)

The definition of a two parent assistance group for purposes of meeting the federal participation rate has changed in 45 CFR 261.32. The term "severely disabled child" has been replaced with "child with a disability".

The Ohio Department of Job and Family Services (ODJFS) changed the rule to clarify that to meet the federal work participation rate at least one of the parents in a two parent assistance group must participate sufficient hours to meet the all family rate of at least an average total of thirty hours per week, twenty of which must be in a core activity.

Rule 5101:1-3-11 Ohio works first (OWF): self sufficiency contract and good cause. (CCN 6284)

The provisions governing the self sufficiency contract requirements and good cause for a failed provision of the contract have been moved to new rule 5101:1-3-11 of the Administrative Code. ODJFS created the new rule to make it clear that the contract included provisions other than work requirements. In addition to work activity requirements, the contract also contains requirements for child support cooperation and this was not clear since the provision was previously included in rule 5101:1-3-12 of the Administrative Code "OWF: Work Activities". The good cause reasons were also moved to the new rule as they are applicable to all failed provisions, not just work activity requirements.

Rule 5101:1-3-12 Ohio works first (OWF): work activities. (CCN 6284)

Definition of "work eligible individual"

As mentioned previously, the definition of "work eligible individual" has changed in the TANF final rules. Currently, there are four categories of individuals who are excluded from the definition of "work eligible". These categories are:

• A minor parent who is not the head of the household or spouse of the head of household;
• An alien who is ineligible due to immigration status;
• A recipient of Supplemental Security Income (at state option);
• A parent providing care for a disabled family member who is not attending school full time and the need for the care is supported by medical documentation.

In the TANF final rules, the following changes have been made to the definition:

• "Spouse of the head of household" was removed because these individuals are not required to participate when they receive OWF.
• States have the option to exclude a parent who is a recipient of Social Security Disability Insurance (SSDI) benefits. ODJFS has chosen to exclude these individuals from the definition in those situations where there is still OWF eligibility for the assistance group including the SSDI recipient.
• The provision that permitted a parent caring for a disabled family member to be excluded only if the disabled family member did not attend school on a full-time basis has been eliminated. Medical documentation is needed to support the need for the parent to remain in the home to care for the disabled family member.

Good cause for nonparticipation

In addition to the removal of the language regarding the self sufficiency contract requirement and good cause for non-compliance, ODJFS has added language to clarify that the good cause for nonparticipation due to the unavailability or unsuitability of child care applies only to the work requirements as set forth in 42 U.S.C. §607(e)(2).

ODJFS also added the requirement that documentation to confirm that parents have been notified of this provision must be contained in the case file. In the rule, ODJFS has provided an option to counties to include this language on their self sufficiency contracts as ODJFS has on the JFS 03801. It is a federal prohibition to reduce or terminate TANF assistance based on a refusal to engage in work if the individual is a single custodial parent caring for a child who has not attained six years of age, and the individual proves a demonstrated inability to obtain needed child care.

Daily Supervision

The definition of daily supervision has been clarified. The supervision does not necessarily need to be daily, in-person contact with the individual. The goal of supervision is to ensure that individuals are participating and making progress in their assigned activities. The supervision can be in-person contact, telephone or electronic contact. The TANF final rules also changed the requirement from "daily" to "no less frequently than once in each day in which the individual is scheduled to participate" to clarify that the requirement only pertained to those days in which the individual was participating.

Verification of hours of participation

Currently, hours of participation in unpaid activities must be verified at least daily or every two weeks. Hours in paid activities are projected for six months. The policy has been changed to require that attendance for unpaid activities be verified on a monthly basis. The documentation must be available in the case record to support all of the actual hours of participation. There is no change to the verification of hours in paid activities; however, ODJFS has separated the requirements in the rule for clarity.

Fair Labor Standards Act (FLSA)

The TANF final rules state that in determining the maximum number of hours of work experience and/or community service that may be required of a recipient to meet the minimum wage requirements of the FLSA, states must calculate the amount of assistance less any child support collections received in the month and retained to reimburse the state or federal government for the current month's assistance payment. The TANF final rules do not specify the operational procedure that states must follow to determine the benefit amount, but provided two options that were available under the former Aid to Families with Dependent Children (ADC) program.

These options are:

• Retrospective budgeting, where states used the income less child support collections received in the budget month to determine the benefit amount used to calculate the work experience obligation for the payment month.
• Prospective budgeting, where states used the "best estimate" of income less child support collections for the month, based on prior experience.

ODJFS currently uses prospective budgeting in determining the OWF payment; therefore ODFJS has chosen the prospective budgeting procedure and the process is included in the rule.

Rule 5101:1-3-12.1 Unsubsidized employment. (CCN 6284)

Paragraph (C) has been removed. All language regarding verification of hours of participation is now located in rule 5101:1-3-12 of the Ohio Administrative Code.

Rule 5101:1-3-12.2 Subsidized public and private employment. (CCN 6284)

In paragraph (B) (1) ODJFS has changed the language from "individual" to "recipient" in accordance with 45 CFR 261.2. This change was made for consistency with other definitions and to make it clear that these activities are allowable for any work eligible individual.

Paragraph (B)(5)(c) has been added to include another model of subsidized public and private employment.

Paragraph (C) has been removed. All language regarding verification of hours of participation is now located in rule 5101:1-3-12 of the Ohio Administrative Code.

Rule 5101:1-3-12.3 Work experience program (WEP). (CCN 6284)

Training was removed from the definition of the work experience program to clarify that formal training, education, and vocational education programs do not meet the definition of WEP.

Paragraph (C) has been removed. All language regarding verification of hours of participation is now located in rule 5101:1-3-12 of the Ohio Administrative Code.

Rule 5101:1-3-12.4 On-the-job training (OJT). (CCN 6284)

Paragraph (C) has been removed. All language regarding verification of hours of participation is now located in rule 5101:1-3-12 of the Ohio Administrative Code.

Rule 5101:1-3-12.5 Job search and job readiness assistance. (CCN 6284)

The TANF final rules have deleted the requirement that an individual be "otherwise employable" because the term was confusing and raised concerns that it could potentially deny treatment to those who have a disability or face multiple barriers to employment. Also the TANF final rules require that there must be a documented need for treatment or therapy determined necessary by a qualified medical, substance abuse, or mental health professional.

ODJFS included language regarding travel time between multiple interviews. This time is allowable under job search and job readiness assistance. Travel time from home to the first interview or from the last interview cannot be counted toward the hours of participation.

Paragraph (C) has been removed. All language regarding verification of hours of participation is now located in rule 5101:1-3-12 of the Ohio Administrative Code.

In the TANF final rules, HHS expanded state flexibility by redefining a "week" as twenty hours for a work eligible individual who is a single custodial parent with a child under six years of age and thirty hours for all other work eligible individuals. Therefore, six weeks of job search and job readiness assistance equates to one hundred-twenty hours for single custodial parents with a twenty hour requirement and one hundred-eighty hours for all other work eligible individuals. To ensure consistency with other provisions, the time period has been modified to make these limits apply to the preceding twelve-month period, rather than each fiscal year. This concept is consistent with the excused absence time period.

For the limit of no more than four consecutive weeks of job search and job readiness assistance, the definition of seven consecutive days is still applicable. Once an individual has four consecutive weeks of participation, that individual's participation may not count for one week, i.e. seven consecutive days.

Rule 5101:1-3-12.6 Community service. (CCN 6284)

HHS has made a technical change to the wording of this definition to clarify that all work eligible individuals can count for participation in this activity rather than just those in receipt of benefits.

Paragraph (C) has been removed. All language regarding verification of hours of participation is now located in rule 5101:1-3-12 of the Ohio Administrative Code.

Rule 5101:1-3-12.7 Vocational educational training. (CCN 6284)

Baccalaureate or advanced degrees

In the TANF final rules HHS has expanded the definition of vocational educational training to include organized educational programs that lead to a baccalaureate or advanced degree. The Carl D. Perkins Career and Technical Education Improvement Act of 2006 (PL 109-270) was signed into law on August 12, 2006, after publication of the interim final rules. The new law changed the definition of "vocational education", now called "career and technical education", to eliminate the restriction against participation in a baccalaureate, masters or doctoral degree program. HHS used this definition to expand its own definition of vocational educational training. The twelve-month limitation on participation has not changed as this is in the federal law.

Homework time

The TANF final rules permit a state to count supervised verified homework time and up to one hour of unsupervised homework time for each hour of class time. The total homework time (supervised and unsupervised) being counted toward participation cannot exceed the hours required or advised by a particular educational program. If homework time is counted, the documentation must include a statement about the amount of homework or study time advised by the particular educational program.

Basic skills education and English as a second language (ESL)

There are circumstances in which some individuals require basic skills education or ESL as an ongoing and regular part of the vocational educational training activity. As a result, basic skills education and ESL may count as vocational educational training provided that it is a necessary or regular part of the training.

Paragraph (C) has been removed. All language regarding verification of hours of participation is now located in rule 5101:1-3-12 of the Ohio Administrative Code.

Rule 5101:1-3-12.8 Providing child care services to an individual who is participating in a community service program. (CCN 6284)

Paragraph (C) has been removed. All language regarding verification of hours of participation is now located in rule 5101:1-3-12 of the Ohio Administrative Code.

Rule 5101:1-3-12.9 Job skills training directly related to employment. (CCN 6284)

The county department of job and family services (CDJFS) can count only one year of participation in vocational educational training for any individual toward the work participation rate. Education leading to a baccalaureate or advanced degree also counts under job skills training directly related to employment, as long as it is directly related to a specific job or occupation. Language has been added to the rule to clarify this.

Paragraph (C) has been removed. All language regarding verification of hours of participation is now located in rule 5101:1-3-12 of the Ohio Administrative Code.

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. (CCN 6284)

Homework time

The TANF final rules permit a state to count supervised verified homework time and up to one hour of unsupervised homework time for each hour of class time. The total homework time (supervised and unsupervised) being counted toward participation cannot exceed the hours required or advised by a particular educational program. If homework time is counted, the documentation must include a statement about the amount of homework or study time advised by the particular educational program.

Good or satisfactory progress

Currently, individuals participating in the two non-core activities "Education directly related to employment" and "Satisfactory attendance at secondary school or in a course of study leading to a certificate of general equivalence" are required to make "good or satisfactory progress" in order for their hours of participation to count. ODJFS's rules defined this as a standard of progress that is developed by the educational institution or program in which the recipient is enrolled. This will no longer be required in order for the hours to count and is removed from the rules.

The federal statute limits participation in this activity to individuals who have not received a high school diploma or a certificate of high school equivalency. Some non-citizens may have received a high school diploma (or equivalent) from countries that may not be directly comparable with an American high school diploma. It would be very difficult for the CDJFS to verify whether or not individuals have or have not obtained degrees or credentials from other countries. The CDJFS may determine on a case-by-case basis whether individuals qualify for this activity, and if so, this must be documented in the case record.

Paragraph (C) has been removed. All language regarding verification of hours of participation is now located in rule 5101:1-3-12 of the Ohio Administrative Code.

Rule 5101:1-3-12.11 Satisfactory attendance at secondary school or in a course of study leading to a certificate of general equivalence, in the case of a recipient who has not completed secondary school or received such a certificate. (CCN 6284)

Homework time

The TANF final rules permit a state to count supervised verified homework time and up to one hour of unsupervised homework time for each hour of class time. The total homework time (supervised and unsupervised) being counted toward participation cannot exceed the hours required or advised by a particular educational program. If homework time is counted, the documentation must include a statement about the amount of homework or study time advised by the particular educational program.

Good or satisfactory progress

Currently, individuals participating in the two non-core activities "Education directly related to employment" and "Satisfactory attendance at secondary school or in a course of study leading to a certificate of general equivalence" are required to make "good or satisfactory progress" in order for their hours of participation to count. ODJFS's rules defined this as a standard of progress that is developed by the educational institution or program in which the recipient is enrolled. This will no longer be required in order for the hours to count and is removed from the rules.

ODJFS has changed the language from "individual" to "recipient" in accordance with 45 CFR 261.2. This change was made for consistency with other definitions and to make clear that this activity is allowable for any work eligible individual.

Paragraph (C) has been removed. All language regarding verification of hours of participation is now located in rule 5101:1-3-12 of the Ohio Administrative Code.

Rule 5101:1-3-12.12 Alternative activities. (CCN 6284)

Paragraph (C) has been removed. All language regarding verification of hours of participation is now located in rule 5101:1-3-12 of the Ohio Administrative Code.

Rule 5101:1-3-14 Ohio works first (OWF): penalties. (CCN 6284)

Two penalty situations were inadvertently excluded from this rule. Both are contained in the Ohio Revised Code. A<para_first>­n individual who is a fugitive felon or violating a condition of probation, a community control sanction, parole, or a post-release control sanction imposed under federal or state law is not eligible to be included in the OWF grant.

Rule 5101:1-3-15 Ohio works first (OWF): three-tier sanctions. (CCN 6284)

This rule is being revised to change the rule citation for the self sufficiency contract provisions from rule 5101:1-3-12 to rule 5101:1-3-11 of the Administrative Code.

CRIS-E Impact

CRIS-E systems changes are currently in development. Detailed changes to the CRIS-E system will be issued via a view flash bulletin (CLVB).

Appendix-JFS Forms

JFS 03801 "Self Sufficiency Contract" (Rev. 10/2008) (model) (CCN 6284)

JFS 03801-S "Contrato De Autosuficiencia Ohio Works First" (Rev. 10/2008) (Spanish version)

JFS 03801-SO "Shaqooyinka Marka Hore Ee Ohio" (Rev. 10/2008) (Somali version)

Reference to the requirement of disabled individuals not attending school full time has been removed from the JFS 03801 "Self Sufficiency Contract (model)", JFS 03801-S "Contrato De Autosuficiencia Ohio Works First" (10/2008) (Spanish version) and the JFS 03801-SO "Shaqooyinka Marka Hore Ee Ohio" (10/2008) (Somali version). The JFS 03801, JFS 03801-S and JFS 03801-SO versions of the Self Sufficiency Contract (model) are posted on the ODJFS Forms Central internet page.

Appendix-Other Agency Forms

Systematic Alien Verification for Entitlement (SAVE) Program

The United States Citizenship and Immigration Services (USCIS) has issued a change of address for the Department of Human Services (DHS) Status Verification Operation Field Offices. SAVE program customer agencies, which include the Ohio Department of Job and Family Services and County Departments of Job and Family Services, must send all requests for Document Verification (G-845S) and Document Verification Request (Form G-845 Supplement) if needed when determining program eligibility of noncitizens to a new address. The address has been provided on the Instructions for Completion of the "Document Verification Request" (Form G-845S). The new address for requests from Ohio agencies is:

U.S. Citizenship and Immigration Services

101 West Congress Parkway

Chicago, IL 60604

Attention: Immigration Status Verification Unit

Appendix-JFS Charts

Iraqi or Afghan Special Immigrant Status

Two charts pertaining to the special immigrant status for certain Iraqi or Afghans are attached to this transmittal. The charts were originally issued with ACT #245 on April 3, 2008. The two charts are:

• Iraqi and Afghan Special Immigrant Visa Holders - Eligibility for Public Assistance Eligibility Period Chart.
• Iraqi and Afghan Special Immigrant Visa Holders - Eligibility for Public Assistance Verification of SIV.

Instructions