EFFECTIVE DATE: October 1, 2007
OAC RULE: 5101:4-3-09
This rule is proposed to be effective on an emergency basis 10/01/07. If no revisions are made to the proposed rule prior to the finalization by JCARR, the regular filing will become effective on a permanent basis on or about 12/17/07. If changes are necessary, a copy of the revised rule will be forwarded to you at that time.
Current Policy: An individual who is a member of an Ohio Works First (OWF) food stamp AG who fails to comply with a provision of their self-sufficiency contract (SSC) without good cause is required to serve a minimum sanction period of one, three, or six months, depending on the sanction occurrence. The individual remains sanctioned until the minimum sanction period has been served or until the individual complies, whichever is later. Compliance is determined by the county department of job and family services (CDJFS).
New Policy: As a result of changes to Ohio Revised Code (ORC) Section 5107.16, the Cash Assistance Manual (CAM) Section 5101:1-3-15, which addresses the OWF sanction process, is being amended. The sanction period will be limited to the minimum time period (one, three, or six months). There will be no requirement for the sanctioned individual to demonstrate a willingness to comply with the SSC. Consequently, the policy for OWF food stamp AGs is being amended to align with the OWF cash assistance rule. Food stamp AGs in which all members are not in receipt of OWF are not affected by this policy change.
5101:4-3-09 - Food Stamps: Ohio works first (OWF) appraisal, self-sufficiency contract (SSC) requirements, and sanctions
- Language in paragraph (O), requiring that the OWF individual demonstrate a willingness to comply with the SSC before restoration of benefits, is being removed.
- Paragraph (P), formerly paragraph (Q), is being amended to remove language regarding non-compliance. A reference to paragraph (J) of this rule has been added which addresses the imposition of the OWF three-tier sanctions.
- Paragraph (R), formerly paragraph (S), is being amended to reference the Cash Assistance Manual Section 5101:1-3-15(B), which address the length of the OWF three-tier sanctions.
- A reference to the change processing rule, 5101:4-7-01, has been added in paragraph (S), formerly paragraph (T), to address adding the sanctioned individual to the AG after the minimum sanction period has been served. In the event that prior to the imposition of the sanction, the individual being sanctioned was the only food stamp AG member, a reference to the application processing rule, 5101:4-2-01, has been added to clarify that the application process would be appropriate after the minimum sanction period has been served by the individual.
CRIS-E Impact
Due to changes in OWF food stamp sanction policy effective October 1, 2007, the following changes are being completed in the CRIS-E system:
- For OWF food stamp AG sanctions entered on or after October 1, 2007, end dates will be populated on the "end date" field on AEOIE. The end date of the sanction will be determined from the entered begin date of the sanction and entered sanction occurrence. If a code other than 628, 631, 633, 828, 831, 833, 928, 931, or 933 is entered, the "End DT" will allow the user to enter an end date.
- The compliance field for OWF food stamp AGs will be protected. The compliance field for food stamp AGs in which all members are not in receipt of OWF will remain a required field when ending a sanction.
- An edit will be placed on AEOIE for when the CDJFS runs ED/BC on a case that contains an OWF food stamp sanction for which the sanction period would have ended prior to September 30, 2007. The edit will require the worker to end date the sanction with a September 30, 2007 date. For OWF food stamp sanctions that were imposed prior to October 1, 2007 but the sanction period will not expire until after October 1, 2007, the edit will require the worker to place the appropriate end date in the "end date" field on AEOIE as determined by the begin date and occurrence of the sanction.
- An alert will be sent to both the eligibility worker and the work activity worker the month prior to the expiration of the sanction notifying the worker that the case needs to be examined and run through ED/BC.
- The "cure" portion on both state and county CNET screens for OWF and OWF food stamp AGs will be protected. Standardized language explaining the OWF food stamp reinstatement following the sanction period will be added to the client notices.
- New reason codes and reason code language will be updated with the new policy.
Attachment
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