Background

On August 28, 2009, Ohio received notification of its failure to meet both the two-parent and all-family work participation rates for federal fiscal year (FFY) 2007. As a result, Ohio faces a potential $32,758,572 penalty to its State Family Assistance Grant, which is its Temporary Assistance for Needy Families block grant. Ohio filed an appeal of reasonable cause for failure to meet the rate. On July 29, 2011, the U.S. Department of Health and Human Services, Administration for Children and Families, responded that the information submitted for FFY 2007 did not demonstrate Ohio´s claim of reasonable cause. As a result, the state entered into a corrective compliance plan. Included in the corrective compliance plan are changes to the Ohio Works First (OWF) application process.

House Bill 337 of the 129th General Assembly was signed by the Governor on January 27, 2012, and takes effect immediately. This bill includes a provision that eliminates the requirement to make an OWF eligibility determination regardless of whether the self-sufficiency contract is signed.

Action Change Transmittal #254 was issued to explain the new policy and how county agencies are to implement it. Ohio Administrative Code rules 5101:1-2-10, 5101:1-3-11, 5101:1-3-12 and 5101:1-3-13 have been revised to bring Ohio into compliance with both the overall work participation rate (50 percent) and the two-parent work participation rate (90 percent) in FFY 2012 (October 1, 2011 - September 30, 2012).

The Ohio Department of Job and Family Services met with the Ohio Job and Family Services Directors Association, county agency directors, and representatives from the metropolitan areas and other counties to solicit ideas for inclusion into the plan. The policy changes set forth below were a result of those meetings.

Ohio Administrative Code Rules included: 5101:1-2-01, 5101:1-3-11, 5101:1-3-12 and 5101:1-3-13

Implementation

If no further revisions are made to these rules prior to finalization by the Joint Committee on Agency Rule Review, they will become effective on a permanent basis on May 7, 2012. If changes are necessary, a copy of the revised rules will be forwarded to you at that time.

The following is a brief description of the each rule.

5101:1-2-01 The application process for Ohio works first, disability financial assistance, and refugee cash assistance programs.

Prior policy required county agencies to authorize benefits for Ohio Works First assistance groups after eligibility was verified.

Effective May 7, 2012 the following changes have been made to the initial application process:

• The self-sufficiency contract must be signed by each work eligible individual, adult and minor head of household prior to the authorization of OWF benefits.
• County agencies that choose for work eligible individuals to complete a job search/job readiness applicant assignment as part of the eligibility determination must make an eligibility determination no later than 30 days following the submission of the application for OWF benefits.

This rule has also been amended with minor revisions to language and grammar to improve readability and clarity.

5101:1-3-11 Ohio works first (OWF): appraisals, assessments and self-sufficiency contract.

Prior policy allowed for the self-sufficiency contract to be signed no later than 30 days following the submission of an application for cash assistance. However, if all eligibility factors were verified, the authorization of OWF benefits could not be delayed.

With the new policy, each work-eligible individual, adult and minor head of household must have a signed self-sufficiency contract before the OWF benefits may be authorized.

The following additional revisions were made to this rule:

• The appraisals and assessments that were previously found in rule 5101:1-3-12 of the Administrative Code have been moved to this rule. No substantial changes were made to the appraisal or assessment process as part of its inclusion in this rule.
• Good cause reasons for failing to comply in full with the self-sufficiency contract have been removed from this rule. Good cause policy can now be found in new rule 5101:1-3-13 of the Administrative Code.

5101:1-3-12 Ohio works first: work activities

This rule has been amended to remove appraisals and assessments to improve clarity. The policy and procedure regarding appraisals and assessments can be found in revised rule 5101:1-3-11 of the Administrative Code.

5101:1-3-13 Ohio works first (OWF): good cause for work activity failures.

This new rule is being adopted to include definitions and policy for allowable good cause reasons for failing to comply with a work activity assignment. This information was previously found in rule 5101:1-3-11.

The following changes have been made to the good cause policy:

• The inclusion of a definition of ?family? for instances of good cause for a death in the family. ?Family? is now defined as spouse, domestic partner (domestic partner is defined as one who stands in place of a spouse and who resides with the work-eligible individual), child, grandchild, parents, grandparents, siblings, stepchild, stepparent, step-siblings, great-grandparents, mother-in-law, father-in-law, sister-in-law, brother-in-law, son-in-law, daughter-in-law, or legal guardian or other person who stands in the place of a parent.
• Requiring interviews and medical, dental or vision care appointment to be previously scheduled.
• Defining a family member to be an individual related by blood, marriage or adoption living in the same household, in situations of illness of a family member.
• When a county agency requests verification of good cause that verification must be received within 10 days from the request.

Instructions:

The following chart identifies the material that should be removed from the Cash Assistance Manual and the material that should be added.