This letter transmits a proposed rule with an effective date of October 15, 2009. If there are any changes made to the rule contained in this Cash Assistance Manual Transmittal Letter (CAMTL) during the JCARR review period, the corrected rule will be sent out in a future CAMTL. The rule has also been submitted to statewide clearance under Clearance Control Number (CCN) 6553.

Amended Substitute House Bill 1 of the 128th General Assembly, was passed by the Ohio legislature and signed by Governor Strickland on July 17, 2009, amending Sections 5107.05, 5107.16 and 5107.17 of the Revised Code.

Revisions to these sections of the Revised Code will affect families who fail a provision of their self sufficiency contract on or after the effective date of the policy. The changes to the sanction policy are as follows:

• The prior law is being restored that provides for a sanction to continue until either the minimum sanction period is served or the failure or refusal ceases, whichever is longer;
• The `failure or refusal´ will be deemed to have ceased on the day that the County Department of Job and Family Services (CDJFS) receives a compliance form signed by the individual who failed a provision of the self sufficiency contract, provided that the minimum sanction period has been served. The statute requires that the Ohio Department of Job and Family Services establish the compliance form to be used by the CDJFS.
• Assistance groups that do not submit the signed compliance form by a specified date set in rule will not have benefits reinstated and will be required to reapply for OWF.

Chapter 2000

Rule 5101:1-3-15 Ohio Works First (OWF): Three-Tier Sanctions.

Current Policy

Currently, an individual who fails a provision of his or her self sufficiency contract and has a sanction imposed is required to only serve the sanction period of one, three or six months, depending on the sanction occurrence. There is no compliance required in order for benefits to be reinstated at the end of the sanction period. Upon the expiration of the sanction period the OWF assistance group may have OWF benefits reinstated. The reinstatement process includes:

• Notifying the sanctioned assistance group that the sanction will be ending;
• Determining if the assistance group will be eligible for reinstatement; and
• Notifying the assistance group once a determination of eligibility has been made as to whether OWF benefits can be reinstated.

New Policy

Sanction proposal

For all OWF assistance groups who have failed or refused to comply with a provision of the self sufficiency contract on or after the effective date of this policy, the policy set forth in this amended rule will be applied. A failure or refusal that occurs prior to the effective date of the policy shall have the policy of rule 5101:1-3-15 of the Administrative Code applied that was in effect at the time of the failure.

Compliance

An individual who fails a provision of his or her self sufficiency contract and has a sanction imposed will be required to serve a minimum sanction period of one, three or six months, depending on the sanction occurrence, and also demonstrate a willingness to comply by signing the JFS 03804 "Ohio Works First/Food Assistance Sanction Compliance Agreement" form or the CRIS-E generated equivalent.

The date that the failure or refusal ceases is the date that the JFS 03804 or CRIS-E generated equivalent is received by the CDJFS. The assistance group must still serve the minimum sanction period.

This policy is applicable to all self sufficiency contract failures, including work participation and child support non-cooperation.

Reinstatement

Whether reinstatement can occur at the end of the minimum sanction period is dependent upon when the JFS 03804 or CRIS-E generated equivalent is received by the CDJFS.

• If the compliance form is signed and received by the CDJFS on or before the last day of the minimum sanction period, OWF can be reinstated the first day of the following month provided that the assistance group is otherwise eligible for OWF. The assistance group is not required to complete a JFS 07200 "Request for Cash, Food Stamp and Medical Assistance." If the CDJFS determines that eligibility cannot be established, benefits are not reinstated and the appropriate notice is sent to the assistance group.
• If the compliance form is signed and received by the CDJFS after the last day of the minimum sanction period, the assistance group must submit a JFS 07200 and reapply for OWF.
• If the compliance form is not signed and returned to the CDJFS, but the assistance group submits a new JFS 07200, OWF cannot be provided until the compliance form is signed and received by the CDJFS. The beginning date of eligibility for OWF will be the date that the compliance form is received by the CDJFS provided the assistance group is otherwise eligible for OWF on that date.

The CDJFS still has the option to schedule an appraisal prior to reinstatement even though we removed this language with the revised rule. Unlike the current policy, there will be contact with the sanctioned individual if he chooses to sign and submit the compliance form.

We did not change the policy on assistance group movement in paragraph (G) but did add more language to clarify the requirements and consequences for a sanctioned individual (non-recipient work-eligible individual) who does not sign the JFS 03804 or CRIS-E equivalent and moves into another household.

Transitional policy

For those OWF assistance groups who have self sufficiency contract failures that occur prior to October 15, 2009, the provisions set forth in rule 5101:1-3-15 of the Administrative Code at the time of the failure are applicable. Specifically, there is no requirement to sign the JFS 03804 form. At the end of the sanction period, the assistance group will be reinstated provided they meet the requirements contained in rule 5101:1-3-15 of the Administrative Code that was in effect at the time of the failure or refusal.

A revised self sufficiency contract must be signed by all OWF individuals who are required work-eligible individuals by October 15, 2009. The revised self sufficiency contract must reflect the compliance requirement. Each CDJFS can determine the process they wish to utilize to accomplish this change.

Appendix JFS Forms

JFS 03801 "Ohio Works First Self Sufficiency Contract"

• References to the `food stamp´ program have been revised to `food assistance´ program.
• Language has been added regarding the compliance as a requirement for sanctioned individuals in order to reinstate OWF benefits.
• Language regarding Learnfare has been removed. An administrative decision was made to remove reference to this program as no CDJFS is implementing this optional program.

JFS 03804 "Ohio Works First /Food Assistance Sanction Compliance Agreement" form

The JFS 03804 "Ohio Works First/Food Assistance Sanction Compliance Agreement" form has been developed for individuals to agree to, sign and submit before OWF or Food Assistance benefits may be reinstated. This form will be provided to the assistance group if a CRIS-E generated form is not sent or the sanctioned member requests a compliance form.

Food Assistance

The Food Assistance Program is making corresponding changes to rules 5101:4-3-09 and 5101:4-3-11.2 of the Ohio Administrative Code. These were submitted to statewide clearance under CCN 6565. A Food Assistance Transmittal Letter will be issued separately detailing the changes to the Food Assistance Program.

CRIS-E Impact

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

Instructions