This transmittal letter contains rule revisions to some of the rules issued under Child Care Manual Transmittal Letter No.30. These revisions are the result of comments we received through the rule filing and clearance process and from CDHS child care staff who attended the child care training sessions. These rule changes are effective December 30, 1997.

5101:2-14-01(B), (D) and (R) "Definitions for Terms Used in Chapter 5101:2-14 or 5101:2-16 of the Administrative Code" is revised to include that "agency inspected" also means to obtain a criminal records check; "child care" means for any part of the twenty-four hour day and includes the definition of child care as provided for in the Ohio Revised Code; and "parent/provider inspected" also means the provider and all adults in the home are exempt from the criminal records check. The implementation of these changes shall begin within 30 days.

5101:2-14-03(J) "Professional Certification Compliance Inspection and Complaint Investigation" is revised to require that the provider make available all inspection reports within the current certification period upon request of the parent. The implementation of this change shall begin within 30 days.

5101:2-14-58 "Provider Responsibilities for Limited Certification" is revised to require that the provider maintain the home where care is provided in compliance with the health and safety requirements in accordance with ODHS 1642 "Type B Family Child Care Home Limited and In-home Aide Limited Certification Application and Health and Safety Form". The implementation of this change shall begin within 30 days.

5101:2-16-01(F) "Definitions" is revised to include the definition of "child care" as provided for in the Ohio Revised Code. The implementation of this change shall begin within 30 days.

5101:2-16-30 "Publicly Funded Child Care Program Requirements" is revised to include that Transitional child care benefits be provided to a family in order for a caretaker parent to participate in education/training activities while also being employed. The family's gross income shall not exceed the maximum per cent of the federal poverty level for continued eligibility. Transitional benefits begin the day following the last day the assistance group is eligible for the OWF program, and the caretaker parent is not under OWF sanction. The rule is revised to include that the child needing care be under age thirteen or under age eighteen if the child has special needs. The implementation of these changes shall begin within 30 days for new applicants of publicly funded child care and no later than the beginning of the next eligibility period for current recipients.

5101:2-16-34 "Income Eligibility" is revised to clarify which types of income can be excluded from gross earned and gross unearned income. The implementation of this change shall begin within 30 days for new applicants of publicly funded child care and no later than the beginning of the next eligibility period for current recipients.

5101:2-16-35 "Application and Eligibility Determination" is revised to include that a CDHS shall terminate a family's child care eligibility, after provision of appropriate hearing notice, once a determination has been made that the family has relocated to another county. The CDHS in the new county of residence shall conduct a redetermination of continued eligibility, unless the family fails to apply within thirty-one consecutive calendar days from the effective date of the hearing notice, which would require the family to meet initial eligibility at time of application.. A case transfer shall occur and shall contain at a minimum a copy of the original application, a copy of the most recent application, a copy of the most recent verification of income, and a copy of the hearing notice. The rule is revised to allow the CDHS to contract with child care providers or resource and referral agencies to determine eligibility for all child care programs. The rule is revised to include that the CDHS shall deny or terminate a family's eligibility when repayment of a child care overpayment is owed to the CDHS as a result of recipient fraud or the family fails to enter into or comply with an agreement to repay a child care overpayment caused by recipient error or agency error. Rule is revised to include that the CDHS shall terminate a family's eligibility when the caretaker parent or family is under OWF sanction, unless the family is eligible for special needs child care, but only to address the special needs of the child. The rule is revised to remove misleading language for determining the composition of a family. The rule is revised to require a family to report to the CDHS within ten working days when the family relocates to another county. The implementation of these changes shall begin within 30 days.

5101:2-16-39 "Family Fee Requirement" is revised to clarify that the family's monthly child care fee is a per child-in-care fee with a fee cap for three children in care. The implementation of this change shall begin within 30 days for new applicants of publicly funded child care and no later than the beginning of the next eligibility period for current recipients.

5101:2-16-41(B)(3) "Reimbursement Ceilings for Child Care Providers" is revised to include that each CDHS may establish a rate of reimbursement negotiated between the CDHS and the provider, which is lower than either the reimbursement ceiling or the provider's normal and customary charge to the public only when the provider routinely serves at least seventy-five per cent publicly funded children. This shall be implemented with the next amendment to the current contract and no later than the beginning of the next contract.

5101:2-16-44 "Purchased Services Contract Requirement" is revised to include that a CDHS may contract with a child care provider or a resource and referral agency to determine eligibility for all child care programs. The implementation of this change shall begin within 30 days.

5101:2-16-71 "Child Care Recipient Fraud" is revised to include that the eligibility determiner is responsible for ensuring that the recipient receives a complete written explanation of responsibilities. The implementation of this change shall begin within 30 days.

5101:2-16-72 "Child Care Provider Fraud" is revised to require that the CDHS not contract with or authorize a COAP for any licensed child care provider until the provider has paid in full any overpayment that resulted from provider fraud. The implementation of this change shall begin within 30 days.

5101:2-16-73 "Recovery of Child Care Overpayments" is revised to require that the CDHS deny or terminate a family's eligibility when repayment of a child care overpayment is owed to the CDHS as a result of recipient fraud or the family fails to enter into or comply with an agreement to repay a child care overpayment caused by recipient error or agency error. Ineligibility for child care benefits shall continue until repayment of a child care overpayment is paid in full. The implementation of this change shall begin within 30 days.

Directions for updating the Child Care Manual are as follows:

1.The following Chapter 2-14 and Chapter 2-16 rules shall be removed from the child care manual and replaced with the rules contained in this transmittal letter: 5101:2-14-01, 5101:2-14-03, 5101:2-14-58, 5101:2-16-01, 5101:2-16-30, 5101:2-16-34, 5101:2-16-35, 5101:2-16-39, 5101:2-16-41, 5101:2-16-44, 5101:2-16-71, 5101:2-16-72, and 5101:2-16-73.

Revisions have also been made to the forms listed in this paragraph. The effective date of the revised forms is changed from 10/97 to 11/97. The revised forms should be available from the ODHS warehouse by January 1, 1998. In the meantime, the CDHS shall make copies of the forms enclosed with this transmittal letter. The following forms are revised: ODHS 1138, 1151, 1224, 1280, 1297, 1299, 1634, 1642, 1643, 1921, 1923, 1924, 1926, 1927, 1932, 1941.

If you have any questions, please contact the County Technical Support Section at (614) 466-7762.