(A)What is considered the definition of "a severe form forms of trafficking in persons"?

Under section 103(8) of the Trafficking Victims Protection Act of 2000 Public Law No. 106-386As described in 22 U.S.C. 7102 (01/2021), the term "severe forms of trafficking in persons" is defined as:

(1)Sex trafficking: the recruitment, harboring, transportation, provision or obtaining of a person for the purpose of a commercial sex act, in which a commercial sex act induced by force, fraud or coercion, or in which the person is forced induced to perform such an act is under the age of eighteen years; or

(2)Labor trafficking:  in which the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

(B)Who may be eligible for benefits as a result of being a victim of a severe form of trafficking?

(1)Adult victims who have been certified by the United States office of refugee resettlement (ORR), within the department of health and human services, are eligible for benefits and services to the same extent as an alien who is admitted to the United States as a refugee under Section 207 of the Immigration and Nationality Act of 1952.

(2)Victims who are under the age of eighteen are also eligible for benefits to the same extent as refugees, but do not need to be certified by the office of refugee resettlementORR; however, they do need a letter of eligibility.

(3)Certain family members of victims of a severe form of trafficking may be eligible for benefits and services to the same extent as refugees under the Trafficking Victims Protection Reauthorization Act of 2003, Public Law No. 108-193. Victims of severe forms of trafficking as defined in paragraph (A) of this rule are issued "T" visas by the United States immigration and citizenship services. Certain eligible relatives of trafficking victims are entitled to visas designated as A holder of a "T-2", "T-3", "T-4", or "T-5", or "T-6" visa (collectively referred to as "Derivative T Visas") and after the issuance of the visasis considered a family member of a victim of a severe form of trafficking. These individuals are eligible for supplemental nutrition assistance program (SNAP) benefits to the same extent as direct victims of severe trafficking, provided that they meet the other eligibility criteria for the program. County agencies shall follow the procedures outlined in paragraphs (D) and (E) of this rule in determining eligibility for these individuals. The eligible relatives of trafficking victims includes:

(a)In the case of an alien who is awarded a "T" visa and who is under twenty-one years of age on the date the "T" visa application was filed, derivative "T" visas are available to the alien's parents, spouse, children, unmarried siblings under eighteen years of age on the date on which the alien's visa application was filed.

(b)In the case of an alien who is awarded a "T" visa and was twenty-one years of age or older on the date the "T" visa application was filed, the derivative "T" visas are available to the alien's spouse and children.

(C)Do certification letters expireWho determines if an individual is a victim of a severe form of trafficking?

ORR will make certification determinations for victims of a severe form of trafficking.

(1)Certification letters for adults and eligibility letters for children no longer contain expiration datesFor adults, ORR will issue notarized letters of certification for an adult victim of a severe form of trafficking.

(2)Expired letters are being reissued by the office of refugee resettlement with a lowercase "r" beside the tracking number confirming that the individual continues to meet certification requirementsFor children, ORR will issue notarized letters of eligibility, similar to adult certification letters, stating that the child is a victim of a severe form of trafficking.

(D)What are the procedures for determining eligibility for victims of trafficking?

The county agency shall:

(1)Accept the original certification notarized letter of certification or eligibility letter of eligibility for children as described in paragraph (C) of this rule and retain a photocopy in the case file. Victims of severe forms of trafficking are not required to provide any other immigration documents to receive benefits.

(2)Call the ORR trafficking victims verification toll-free number, (866) 401-5510, to confirm the validity of the notarized letter of certification letter before providing benefits. During the verification telephone call, the county agency shall notify the office of refugee resettlementORR of the benefits for which the victim of trafficking has applied.

(3)Confirm identity. Benefits shall not be automatically denied if when the individual is unable to provide verification of identity. The county agency shall call the ORR trafficking victims verification telephone toll-free number for assistance.

(4)Assist in obtaining a social security number (SSN) in accordance with rule 5101:4-3-22 of the Administrative Code. The county agency shall not delay, deny, or discontinue assistance to any eligible applicant because he or she does not have a SSN. If When an individual is required to provide or apply for a SSN for another benefit program, such as medicaid or Ohio works first, or the victim of severe forms of trafficking does not yet have or is unable to obtain a SSN for work purposes, assistance must be given to these individuals in obtaining non-work SSN's as follows:

The individual must present a letter whichthat:

(a)Is on county agency letterhead;

(b)Includes the applicant's name;

(c)States that the applicant meets the requirements to receive the benefit except for the SSN; and

(d)Cannot be a generic application, form letter, or photocopy.

(5)Note the "entry date" for refugee benefits purposes in the case record of the statewide automated eligibility system. Once once the certification notarized letter of certification for adults or letter of eligibility for children is received and the validity of the document is verified by calling the trafficking verification telephone number, the county agency shall note the individual's "entry date" for refugee benefit purposes. The entry date is the date of certification. The certification date and appears in the body of the certification notarized letter of certification for adults or letter of eligibility letter for children.

(6)Determine eligibility or redetermine eligibility in accordance with division 5101:4 of the Administrative Code. When an individual presents an expired certification letter when applying for benefits or when a reapplication is being completed and the county agency finds that a certification letter has expired, the county agency shall call the office of refugee resettlement trafficking victims verification toll-free number, (866) 401-5510, for assistance.

(7)Issue benefits. If When the applicant meets other program eligibility criteria (e.g., income levels) in accordance with division 5101:4 of the Administrative Code, the individual shall receive benefits and services to the same extent as a refugee.

(E)How is an individual handled who does not have a certification notarized letter of certification for an adult or a letter of eligibility for a child from the office of refugee resettlementORR?

 When a county agency encounters an individual or a child that is believed to meet the definition of a victim of a severe form of trafficking, but the individual has no certification notarized letter of certification or letter of eligibility in the case of a child, the county agency shall contact the office of refugee resettlement at (866) 401-5510ORR for assistance.

Effective: 5/1/2022

Five Year Review (FYR) Dates: 1/28/2022 and 05/01/2027

Certification: CERTIFIED ELECTRONICALLY

Date: 04/18/2022

Promulgated Under: 111.15

Statutory Authority: 5101.54

Rule Amplifies: 329.04, 329.042, 5101.54

Prior Effective Dates: 05/11/2002, 10/01/2002 (Emer.), 12/05/2002, 07/01/2005, 09/01/2006, 12/01/2011, 01/01/2017