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. Because of this, 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) sanction process.

House Bill 487 of the 129th General Assembly was signed by the Governor on June 11, 2012, and took effect September 10, 2012. This bill includes a provision that gives the Ohio Department of Job and Family Services the authority to establish rules that specify sanction compliance requirements for failure to comply with a provision of the self sufficiency contract and requirements for reinstatement of benefits. Ohio Administrative Code rules 5101:1-3-15, 5101:1-3-15.1 and 5101:4-3-09 set forth the new Ohio Works First sanction compliance and reinstatement requirements.

Cash Assistance

5101:1-3-15 Ohio works first: three tier sanctions.

Prior policy stated the failure or refusal ceased with receipt of the signed JFS 03804 "Ohio Works First/Food Assistance Sanction Compliance" (rev. 10/2009) or the client registry information system-enhanced (CRIS-E) generated equivalent signed by the assistance group member who failed a provision of the self sufficiency contract. Effective September 1, 2013, the following changes have been made to sanction compliance, reinstatement of OWF after a sanction has been ended and consequences with assistance group movement:

Sanction compliance

For assistance group members who failed a provision of the self sufficiency contract the following must be completed in order to end the sanction:

• Serve the minimum sanction period, and
• Sign the JFS 03804 "Ohio Works First/Food Assistance Sanction Compliance."
• In addition, for a second and any subsequent tier sanction the sanctioned individual must also complete an appropriate compliance activity as assigned by the county agency.

Reinstatement of OWF after a sanction has been ended

OWF can be reinstated the first day of the month following the expiration of the minimum sanction period when:

• The compliance activity is completed on or before the last day of the minimum sanction period,
• The sanctioned individual enters into a new or amended self sufficiency contract;
• and
• All other eligibility requirements are met.

If the sanction compliance is not completed until after the minimum sanction period has ended the assistance group must reapply as set forth in rule 5101:1-2-10.

Assistance group movement with a sanctioned member

If the individual who caused the sanction becomes a required member of a new assistance group, that assistance group is no longer eligible to receive OWF benefits until the expiration of the minimum sanction period and sanction compliance is completed.

If the adults in a sanctioned assistance group (those that did not cause the sanction) enter into a new assistance group, that assistance group is not eligible to receive OWF benefits until the expiration of the minimum sanction period.

If only the minor children who no longer reside with the original sanctioned adults become required members of a new assistance group, they may be eligible for OWF and are not required to serve the minimum sanction period.

5101:1-3-15.1 Transition of Ohio works first sanctioned assistance groups and compliance.

This new rule is being adopted to explain how a failure or refusal ceases for sanctioned OWF assistance groups with a self sufficiency contract failure that occurs prior to September 1, 2013, and after September 1, 2013.

Food Assistance

5101:4-3-09 Food Assistance: Ohio Works First Assistance Groups

This rule contains the policies regarding sanctions and disqualifications for OWF assistance groups. This rule has been amended as a result of recent changes to OWF compliance policies. Paragraph (I) has been added to update the process for ending a sanction for an assistance group in which all members were in receipt of OWF at the time of the sanction. Paragraph (K) has been added to further clarify that the benefits of individuals sanctioned in accordance with this rule shall not increase as a result of being sanctioned. Also, references to the Ohio Revised Code have been removed and replaced with references to the Ohio Administrative Code.

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 September 1, 2013. If changes are necessary, a copy of the revised rules will be forwarded to you at that time.

CRIS-E

CRIS-E programming staff at the Ohio Department of Job and Family Services are working to make changes to the system to increase the number of failure dates captured, to allow failed hours to be entered when sanctioning and to support the assignment and tracking of compliance assignments.

A CRIS-E view flash bulletin will be issued prior to the implementation date with more details.

Instructions