This letter transmits changes with the proposed effective date of December 1, 2002, unless otherwise indicated in this cover letter. If there are any 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.

Section 119.032 of the 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 The purpose of this review is to determine whether a rule should be continued without amendment, be amended, or be rescinded, taking into consideration the rule's purpose and scope.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.

CHAPTER 2000

Rule 5101:1-3-02 "Ohio Works First: School Attendance"

This rule is being amended to correct an administrative code rule reference, and to change CDHS to CDJFS. There were no substantive changes to the rule. (CCN 4960)

Rule 5101:1-3-03 - "Ohio Works First (OWF): residence and living arrangement requirements"

This rule is being amended to change CDHS to CDJFS. There were no substantiative changes made to this rule. (CCN 4961)

Rule 5101:1-3-04 "Ohio Works First (OWF): Temporary Absence"

This rule is being amended to add a new beginning sentence to paragraph (B)(8) for clarity. Specifically, the modification provides that in order for the temporary absence condition regarding PCSA removal of a child to be applicable(i.e., continued OWF eligibility for a six month period when a child is removed from the home by the PCSA and there is a reunification plan that comports with the provisions contained in section 5107.10 of the Revised Code) , the child must be in receipt of OWF cash assistance on the date of removal by the PCSA. The rule is also amended to change CDHS to CDJFS. (CCN 4960)

Rule 5101:1-3-04.1 "Ohio Works First (OWF): Shared Parenting (Joint Custody)"

This rule is being amended to change CDHS to CDJFS, and to delete an obsolete reference to a deprivation factor - formerly required in the AFDC program. There were no substantive changes made to this rule. (CCN 4960)

Rule 5101:1-3-07 - "Ohio Works First (OWF): evidence of age, citizenship and identity"

This rule is being amended to update the verifications that are acceptable as proof of eligible alien status. (CCN 4961)

Rule 5101:1-3-09 - "OWF and RCA: social security number requirement"

This rule is being amended to broaden the ways in which a social security number can be verified, including an 'official document' that contains a social security number. An 'official document' is defined as a W-2 form, railroad retirement, RSDI or SSI award letter, or another document containing the social security number that by law or regulation was required to be verified by the Social Security Administration. This change will align with the language in the Food Stamp program. In addition, CDHS and ODHS have been changed to CDJFS and ODJFS. (CCN 4961)

Rule 5101:1-3-15 - "Ohio Works First (OWF): penalties and three-tier sanctions"

This rule is being amended to include language from rule 5101:1-3-29, which is being rescinded. Language regarding the penalty for the fraudulent misrepresentation of residence has been added to paragraph (A)(5) of the rule. Clarifying language regarding the conviction date, which is the same day as the enactment of Public Law 104-193, has been added to paragraph (A)(5)(b) of the rule. (CCN 4961)

Rule 5101:1-3-29 - "Ohio works first/medicaid/ADC-related medicaid: denial of assistance to individuals convicted of fraudulently misrepresenting residence"

This rule is being rescinded and the OWF language is being added to rule 5101:1-3-15. The Medicaid language can be found in new rule 5101:1-37-02. (CCN 4961)

Rule 5101:1-23-10 - "OWF: standard filing unit"

This rule is being amended to change the rule cite in paragraph (B)(6) for fraudulent misrepresentation of residence from rule 5101:1-3-29 to 5101:1-3-15. Clarifying language has been added to paragraph (A) regarding minor parent(s) residing with self-sustaining parent(s). This language was contained in former rule 5101:1-21-011 and was inadvertently excluded when the rules were merged.

Language has also been added to paragraph (D)(8) to clarify that siblings who are related through adoption or by blood to other siblings, but are not residing with a parent, specified relative, legal guardian or custodian, are excluded from the standard filing unit. (CCN 4961)

Technical Correction

Rule 5101:1-23-01 - "Ohio Works First (OWF): Time-limited Receipt of Assistance"

This rule was included in the November 1, 2002 CAMTL #4 with a note stating that the effective date of the change to this rule was October 10, 2002. However, due to a rule-filing delay, the effective date of the change to rule 5101:1-23-01 is 10/12/2002, instead of 10/10/02. For this reason, the rule is being reissued with this CAMTL #5 so that the rule reflects the corrected effective date. We apologize for any inconvenience this may have caused.

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