Background:

The rules that contain the requirements for publicly funded child care (PFCC) have been revised to integrate child care moving into the Ohio Benefits statewide automated eligibility system and to incorporate changes due to the passage of Amended Substitute House Bill 110 of the 134th General Assembly. These rules are contained in Child Care Transmittal Letter No. 158.

Child care will begin utilizing the Ohio Benefits system for eligibility processing in early 2022 using a phased-in approach that begins with pilot counties before going statewide. The counties participating in the pilot are Allen, Athens, Butler, Hamilton and Medina.

The following rule is being refiled to correct an error in the appendices. This procedure letter is being issued to implement the requirements of this rule and will be effective with the date of this letter.  This rule is moving through the refile process and will be included in a Manual Transmittal Letter at a later date.

5101:2-16-02 "Application and qualification process for receipt of publicly funded child care benefits" contains the following changes and counties are to begin implementing these requirements:

Eligibility changes that all counties should begin implementing regardless of OB utilization include:

• In homes with more than one caretaker, if a second caretaker is unable to provide care for children, written verification from a licensed physician, licensed psychologist, licensed psychiatrist, or public children services agency is required
• Families with more than one caretaker may be approved for child care during the hours in which no caretaker is available to care for children because of participation in qualifying activities
• Families with a child who has a special need must provide verification of the child's special need only if the child needs care
• Temporary absences of second caretakers may be considered for initial as well as ongoing eligibility

Activity Gap changes that all counties should begin implementing regardless of OB utilization include:

• Activity gap time periods may be three months but not longer than four months
• To avoid termination at the end of the activity gap a caretaker must have a verified qualifying activity prior to the end of the activity gap period
• A caretaker must have a verified qualifying activity that begins before the end of the current eligibility period to avoid termination at the end of the activity gap

Appendix A to rule 5101:2-16-02 contains the following changes and counties are to begin implementing these requirements regardless of OB utilization:

• Basic education activities may take place online. They are no longer required to take place at an official practice center site where an instructor is present.
• Post-secondary education activities are considered qualifying activities regardless of any degree a caretaker has already obtained, and regardless of the number of credit hours a caretaker has completed

Appendix B to rule 5101:2-16-02 contains the following changes and counties are to begin implementing these requirements regardless of OB utilization:

• Counties may no longer accept hospital records as verification of U.S. citizenship for children in need of care
• PFCC eligibility is limited to five years from the date of entry in the U.S. for the following categories of exempt qualified aliens:
  • An alien who is admitted to the United States as a refugee under section 207 of the INA, 8 U.S.C. 1157
  • An alien who is granted asylum under section 208 of the INA, 8 U.S.C. 1158
  • An alien whose deportation is being withheld under section 243(h) of the INA as in effect prior to April 1, 1997 or whose removal is withheld under section 241(b)(3) of the INA, 8 U.S.C. 1231 (1/3/12)
  • An alien who is a Cuban or Haitian entrant as defined in section 501(e) of the Refugee Education Assistance Act of 1980
  • An alien admitted to the United States as an Amerasian immigrant as described in 8 U.S.C. 1612(a)(2)(A)(v) (1/7/11) pursuant to section 584 P.L. 100-202 (12/1987)
• Each category of eligible alien stands alone for the purposes for determining eligibility.  Subsequent adjustment to a more limited status does not override eligibility based on an earlier less rigorous status. Likewise, when eligibility expires under one eligibility status, the county agency shall determine when eligibility exists under another status.
• County agencies must allow at least ten days from the date of request for caretakers to provide verification of the child's eligible alien status
• County agencies must verify a child's qualified alien status using documentation from the United States citizenship and immigration services (USCIS)
  • Forms provided are verified through the systematic alien verification for entitlements (SAVE) system.  If the documents provided match the information in the SAVE system, the process is complete.
  • If problems appear, additional, or secondary verifications may be required
    • Verification through a manual process may be required in extraordinary situations
    • If initial inspections of an individual's documentation reveal discrepancies, defined as obvious irregularities in name, date of birth or country of birth, or if SAVE determinations are not timely, the county is to submit the "Verification Request" form G845 (5/29/18) and/or the "Form G-845 Supplement, Verification Request" to the appropriate office, along with the proper documentation
    • No eligibility is to be delayed, denied, reduced, or terminated due to pending SAVE verifications.  If all other qualifications are met, county agencies are to issue benefits while awaiting a response from USCIS.
    • If a discrepancy exists after receipt of information from the SAVE system, county agencies must propose termination by sending a notice of denial to the caretaker.  The caretaker may be responsible for any overpayment.

Please contact the Child Care Policy Helpdesk at childcarepolicy@jfs.ohio.gov or 1-877-302-2347, option 4, if you have any questions.