These rules are proposed to be effective January 1, 2008. If no revisions are made to the proposed rules prior to the finalization by JCARR, they will become effective on a permanent basis on January 1, 2008. If changes are necessary, a copy of the revised rules will be forwarded to you at that time.

Reason for Change

Ohio has elected to implement an option under the Ohio Works First (OWF) Program to identify and service victims of domestic violence by waiving certain OWF program requirements. As a result of this option, a new Ohio Works First rule, 5101:1-3-20 of the Ohio Administrative Code is being implemented effective January 1, 2008. This option requires the Ohio Department of Job and Family Services (ODJFS) to create a domestic violence screening process for each county department of job and family services (CDJFS) to identify individuals who may be subject to domestic violence and refer these individuals for supportive services and counseling. Each CDJFS must consider whether to waive the OWF program requirements if requiring compliance would make it more difficult for the individual to escape domestic violence or unfairly penalize the individual.

Ohio has requested approval from the Food and Nutrition Service (FNS) to amend its statewide food stamp employment and training (FSET) program to excuse victims of domestic violence from the work program requirements if participating in a work activity would place the individual or family at risk or unfairly penalize them. The excused non-participation only applies to a work program activity.

5101:4-3-11 - Food Stamps: Exemptions, Work Registration, Work Requirements, and Sanctions

Language has been added to paragraph (H) to include individuals who have been identified as victims of domestic violence who fail to comply with the work activity requirement as not subject to the sanction process.

Paragraph (O) has been amended to include a provision to allow individuals who are victims of domestic violence to be excused from the work program requirements.

A new paragraph (P) has been created to include information specific to victims of domestic violence and provides the reference to the definition of domestic violence which is contained in rule 5101:1-3-20(A), located in the Cash Assistance Manual. Individuals who are possible victims of domestic violence are to be identified through a screening process during the appraisal interview.

If, during the appraisal process, the CDJFS determines that an individual has been subjected to domestic violence, the individual may be excused from the work activity requirements if supporting documentation is provided. The acceptable supporting documentation is listed in rule 5101:1-3-20(F)(1).

If an individual is assigned to and engaged in a work activity and fails to comply with a work activity as a result of domestic violence, the individual shall be excused from the work requirement and will not be subject to a sanction.

A time period for reviewing the continued eligibility of the excused non-participation is provided. The review must be completed at least once every six months. There is no limit on the number of times or the duration of time that an excuse can be extended.

5101:4-3-29 - Food Stamp Employment and Training (FSET): Appraisal

Paragraph (C) of this rule has been amended to include the screening process to be used in determining if an individual is a possible victim of domestic violence.

Paragraph (E)(4) provides that if an individual has been determined to be a victim of domestic violence, the individual may be excused from assignment from a work activity but this does not prevent the individual from participating in a work activity.

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