This rule is proposed to be effective July 1, 2005. If no revisions are made to the proposed rule prior to the finalization by JCARR, it will become effective on a permanent basis on July 1, 2005. If changes are necessary, a copy of the revised rule will be forwarded to you at that time.

Rule 5101:4-3-06 has been reviewed in accordance with the Ohio Revised Code Section 119.032. Each state agency is required to review its rules a minimum of once every five years. The intent of the law is to ensure that rules are clearly written and that program requirements are accurate, up-to-date, and clearly expressed. To the extent possible, unnecessary paperwork will be eliminated and local agencies will be given increased flexibility. The purpose of a rule review is to determine whether a rule should be continued without amendment, be amended, or be rescinded, taking into consideration each rule's scope and purpose.

Background Information

The Trafficking Victims Protection Act of 2000 (TVPA), Pub.L.No. 106-386, made adult victims of severe forms of trafficking who had been certified by the U.S. Department of Health and Human Services (HHS) 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 (INA). Victims of severe forms of trafficking who are under age 18 were also determined eligible for benefits to the same extent as refugees, but did not need to be certified by HHS as victims of severe forms of trafficking.

The TVPA of 2000 defines "severe forms of trafficking in persons"as:

• 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 to perform such an act is under the age of 18 years; or;
• Labor Trafficking: 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.

Family Members of Victims of Severe Forms of Trafficking

The Trafficking Victims Protection Reauthorization Act of 2003 (TVPRA), Pub.L.No. 108-193, expanded the categories of non-citizens eligible to participate in the Food Stamp Program to include the minor children, spouses, and in some cases, the parents and siblings of victims of severe trafficking. Under the TVPA, eligibility was limited to the victims themselves.

Victims of trafficking are issued T visas by the U.S. Citizenship and Immigration Services (formerly known as the Immigration and Naturalization Service). Under TVPRA, eligible relatives of trafficking victims are entitled to visas designated as T-2, T-3, T-4, or T-5 (collectively referred to as "Derivative T Visas") and after the issuance of the visas are eligible for food stamp benefits to the same extent as direct victims of severe trafficking, provided that they meet the other food stamp eligibility criteria.

Suspected Victims of Human Trafficking

If a county agency encounters an individual(s) who potentially meets the definition of a victim(s) of human trafficking, the county agency should call the Trafficking Information and Referral Hotline at 1-888-373-7888. This hotline will help determine if the county agency has encountered a victim(s) of human trafficking, will identify local resources available in the community to help victims, and will help the county agency to coordinate with local social service organizations to help protect and serve victims so they can begin the process of restoring their lives. For more information on human trafficking, county agencies may visit http://www.acf.hhs.gov/trafficking.

5101:4-3-06 - Food Stamps: Victims of Human Trafficking

This rule has been amended to include certain relatives of severe forms of trafficking who have potential eligibility for food stamps. Paragraph (B)(1) has been revised to reflect the current definition of sex trafficking as defined in the Trafficking Victims Protection Act of 2000.

County Agency Process

The county agencies will follow the existing procedures for victims of severe trafficking outlined in paragraphs (C) and (D) of 5101:4-3-06 for processing the relatives of trafficking victims.

Procedure 15 - Primary and Secondary SAVE Verification Procedures

Procedure 15 is being removed from the Food Stamp Certification Handbook as obsolete because the information contained in this procedure is provided in 5101:4-7-14, Appendix 62 (G-845S), Appendix 63 (G-845 Supplement), and Appendix 63-A (Instructions for Completion of the "Document Verification Request,"G-845S and Instructions for Completion of the "Document Verification Request Supplement,"G-845 Supplement).

FSTL Instructions