Background:

The Ohio Department of Job and Family Services (ODJFS) is required to review rules every five years. The following Publicly Funded Child Care rules contained in Chapter 5101:2-16 of the Ohio Administrative Code (OAC) have been rescinded and rewritten due to the five-year review. The rules have been re-numbered consecutively and topics grouped for clarity purposes.

Rescinded Rules:

5101:2-16-07 "County agency responsibilities for the administration of publicly funded child care" was rescinded and replaced with new rule, 5101:2-16-08 of the OAC.

5101:2-16-30 "Eligibility requirements for receipt of publicly funded child care benefits" was rescinded and replaced with new rules, 5101:2-16-02 and 5101:2-16-06 of the OAC.

5101:2-16-34 "Income eligibility requirements for publicly funded child care benefits" was rescinded and replaced with new rule, 5101:2-16-03 of the OAC.

5101:2-16-35 "County agency responsibilities for determining eligibility for publicly funded child care benefits" was rescinded and replaced with new rule, 5101:2-16-08 of the OAC.

5101:2-16-35.1 "Caretaker eligibility requirements to qualify for publicly funded child care benefits" was rescinded and replaced with new rules, 5101:2-16-04 and 5101:2-16-06 of the OAC.

5101:2-16-36 "County agency responsibility for annual re-determination of eligibility for publicly funded child care" was rescinded and replaced with new rule, 5101:2-16-08 of the OAC.

5101:2-16-37 "Caretaker requirements for annual re-determination of eligibility for publicly funded child care" was rescinded and replaced with new rule, 5101:2-16-02 of the OAC.

5101:2-16-39 "Copayment for publicly funded child care benefits" was rescinded and replaced with new rule, 5101:2-16-05 of the OAC.

Appendix A "Copayment Calculation Table" was replaced with appendix A to rule 5101:2-16-05 of the OAC.

5101:2-16-41 "Payment rates and procedures for providers of publicly funded child care" was rescinded and replaced with new rule, 5101:2-16-10 of the OAC.

Appendix A "Payment Rates for Providers of Publicly Funded Child Care" was replaced with Appendix A to rule 5101:2-16-10 of the OAC.

5101:2-16-42 "Payment rates for children with special needs" was rescinded and replaced with new rule, 5101:2-16-09 of the OAC.

5101:2-16-43 "Approval for Ohio department of education (ODE) programs to provide publicly funded child care" was rescinded and replaced with new rule, 5101:2-16-09 of the OAC.

5101:2-16-44 "Provider agreement for payment of publicly funded child care" was rescinded and replaced with new rule, 5101:2-16-09 of OAC.

5101:2-16-70 "Caretaker improper payments or misuse of publicly funded child care" was rescinded and replaced with new rule, 5101:2-16-07 of the OAC.

5101:2-16-71 "Provider improper payments or misuse of publicly funded child care" was rescinded and replaced with new rule, 5101:2-16-11 of the OAC.

5101:2-16-72 "Publicly funded child care program integrity review" was rescinded and replaced with new rule, 5101:2-16-12 of the OAC.

Amended Rule:

5101:2-16-01 "Definitions for eligibility for publicly funded child care benefits" was amended with the following changes: 

• Amended the definition for "Eligible Provider" to reference rule 5101:2-16-09 of the OAC.
• Added the McKinney-Vento definition for "Homeless children" as required by the Child Care and Development Block Grant Act of 2014.
• Amended the definition for "School not in session" to add "including a delayed start time or early dismissal time."
• Updated the definitions for "Child care," "School-age," School hours" and "Special needs" to align with system functionality and budget language from Am. Sub. H.B. 166 of the 133rd General Assembly.
• Added the definition of "School year" to this rule for clarity.

New Rules:

5101:2-16-02 "Application and qualification process for receipt of publicly funded child care benefits" replaced in part rules 5101:2-16-30, 5101:2-16-35.1, 5101:2-16-36 and 5101:2-16-37 of the OAC and outlines the application process and qualification requirements for receipt of publicly funded child care (PFCC) benefits. The following changes were made: 

• Combined the caretaker application and redetermination rules.
• Clarified "homeless child care" to specify eligibility requirements.
• Removed the requirement that homeless child care eligibility is limited to once in a twelve-month period.
• Clarified the requirements for caretakers and counties when indicating a child in need of care has special needs.
• Clarified that eligibility may include applicants as well as recipients of Ohio Works First (OWF).
• Clarified the application received date for a valid PFCC application and the requirements for the application to be considered complete.
• Clarified that participation in a verified qualifying activity is not required for the application to be complete. An application with enough information to determine that activities are not qualifying is still considered a complete application.
• Clarified that when there is no income in the family, a statement is required of how the family is meeting basic living expenses pursuant to rule 5101:2-16-03 of the OAC.
• Clarified that the application must be a considered a valid PFCC application to start the thirty-calendar day application process for the caretaker.
• Clarified that if the Head Start program year extends beyond the current eligibility period the caretaker must still complete the redetermination process.
• Added "An apprenticeship program approved by the Ohio State Apprenticeship Council and registered with ApprenticeOhio" to the vocational and job skills training approved activities listed in Appendix A to the rule.

Appendix A "Qualifying Activities for the Publicly Funded Child Care Program" is a new appendix that lists the approved qualifying activities for caretakers in the PFCC program and how to document them.

Appendix B "Verification of Citizenship for Children in the Publicly Funded Child Care Program" is a new appendix that lists the verification requirements to document U.S. citizenship of children receiving PFCC services.

5101:2-16-03 "Income eligibility requirements for publicly funded child care benefits" replaced rule 5101:2-16-34 of the OAC and outlines the income eligibility requirements for the PFCC program. The following changes were made: 

• Changed to question and answer format.
• Added the requirement that a person on unpaid leave from employment must provide written verification documenting how they are meeting basic living expenses to align with the requirement for others with no reported income.
• Clarified the verification process for a family's income.
• Clarified that gross self-employment income is determined first, then self-employment expenses are deducted from the total gross income to determine gross monthly income for self-employment.
• Clarified that the standard fifty percent deduction is taken from total gross self-employment income.
• Added to the list of unallowable self-employment deductions to align with the Supplemental Nutrition Assistance Program.
• Clarified that monthly earned and unearned income must be rounded down by dropping all cents for income calculations.
• Clarified when cents are dropped and when conversion factors are used for income calculations.
• Added language stating that the county agency must assist caretakers in obtaining verification of income anytime other than when the caretaker has refused to cooperate.

5101:2-16-04 "Caretaker responsibilities to maintain eligibility in the publicly funded child care program" replaced in part rule 5101:2-16-35.1 of the OAC and outlines the caretaker responsibilities to remain eligible for PFCC once they are in the program. The following changes were made: 

• Changed to question and answer format.
• Added the requirement that a caretaker must review attendance changes made by a provider in the automated system and approve appropriate changes.
• Clarified caretaker requirements for copayments and payment agreements.
• Added that a caretaker must notify the county agency when a preschool child begins attending elementary school and when a child stops attending a child care program.
• Clarified caretaker reporting requirements regarding child care programs, including when a child stops attending a program or wishes to switch programs.
• Clarified caretaker reporting requirements when there are changes in the number of hours needed for care.
• Clarified caretaker requirements around program integrity review requests.

5101:2-16-05 "Copayment for publicly funded child care benefits" replaced rule 5101:2-16-39 of the OAC and outlines the copayment requirements for PFCC benefits. The following changes were made: 

• Clarified that families may be assigned a copayment based on income level and must pay the copayment directly to the child care provider based on established written agreements between families and the provider.
• Clarified when copayments may be reduced or increased.
• Removed the requirement that a family copayment amount may increase if a change occurs within the first thirty days of eligibility.

Appendix A "Copayment Calculation Table" replaced appendix A to rescinded rule 5101:2-16-39 of the OAC and lists the copayment multipliers used to determine copayment amounts based on income level.

5101:2-16-06 "Authorizations for publicly funded child care services" replaced in part rules 5101:2-16-30 and 5101:2-16-35.1 of the OAC and clarifies what child care authorizations are and how they are used. The following changes were made: 

• Grouped all policies and procedures on child care authorizations into one new rule and put in question and answer format.
• Added wording to clarify that authorizations are per child and authorize payment to a provider for a specific number of hours of care.
• Clarified child care categories of authorization and how they are determined.
• Added that child care shall not exceed forty-eight consecutive hours for each child.
• Added language regarding a valid application for consistency with rule 5101:2-16-02 of the OAC.
• Removed the requirement that an authorization not used for thirty-one days will be ended.

5101:2-16-07 "Caretaker improper payments or misuse of publicly funded child care benefits" replaced rule 5101:2-16-70 of the OAC and defines and outlines procedures for caretaker improper payments or misuse of PFCC. The following change was made: 

• Clarified the definition of a child care improper payment.

5101:2-16-08 "County agency responsibilities for the administration and determination of eligibility for publicly funded child care" replaced rules 5101:2-16-07, 5101:2-16-35 and 5101:2-16-36 of the OAC and outlines the requirements for county agencies to administer the PFCC program. The following changes were made: 

• The rules have been combined and put in question and answer format.
• Added language regarding a valid application for consistency with rule 5101:2-16-02 of the OAC.
• Clarified that if an initial application is received from a caretaker who owes an overpayment from a previous PFCC benefit period, the application must be denied unless the caretaker enters into an agreement with the county agency or ODJFS to repay the overpayment.
• Removed the requirement that child care may be terminated if the caretaker does not use child care services for a period of thirty-one consecutive days.
• Clarified that a family does not qualify for continuing eligibility pursuant to rule 5101:2-16-02 of the OAC for child care benefits if the county agency determines the family is no longer eligible.

5101:2-16-09 "Provider responsibilities for publicly funded child care" replaced rules 5101:2-16-42, 5101:2-16-43, and 5101:2-16-44 of the OAC and outlines the requirements for eligible providers to sign a provider agreement with ODJFS to provide PFCC services. The following changes were made: 

• Grouped all requirements for providers into one new rule and put in question and answer format.
• Created a definition of who is eligible to sign a provider agreement.
• Updated Step Up To Quality requirements and exemptions for publicly funded child care providers as a result of new budget language in Am. Sub. H.B. 166 of the 133rd General Assembly.
• Updated the process for deducting school-age hours in the automated system due to changes in system functionality.
• Removed the definition of "school year" and clarified that the definition may be found in rule 5101:2-16-01 of the OAC.
• Added the requirement for a provider to have a written and signed copay agreement with the caretaker.
• Clarified that providers may submit a request for a payment enhancement when accommodations must be made to care for a child with special needs.

5101:2-16-10 "Payment rates and procedures for providers of publicly funded child care services" replaced rule 5101:2-16-41 of the OAC and sets forth the payment rates and procedures for providers of PFCC services. The following changes were made: 

• Changed to question and answer format.
• Clarified how rates for providers are established.
• Clarified how providers are compensated for caring for children with special needs.
• Clarified that categories of authorization are based on the total number of weekly child care hours approved for PFCC.
• Clarified that payment is made based on the total number of child care hours provided in a week, not to exceed the child's category of authorization.
• Added requirements for ODJFS payment of registration fees for children in care.
• Clarified that for approved day camps to receive registration fees, the camp shall have had a valid provider agreement as of August thirtieth of the previous year.
• Removed the definition of "school year" and clarified that the definition may be found in rule 5101:2-16-01 of the OAC.

Appendix A "Weekly Payment Rates for Providers of Publicly Funded Child Care" replaced Appendix A of rescinded rule 5101:2-16-41 of the OAC and was updated to reflect new provider categories and rates.

5101:2-16-11 "Provider improper payments or misuse of publicly funded child care benefits" replaced rescinded rule 5101:2-16-71 of the OAC and defines a provider improper payment, misuse and fraud and outlines the process for recoupment of funds. The following changes were made: 

• Clarified the procedure when a provider improper payment is the result of a county error.
• Clarified repayment procedures for improper payments or misuse of PFCC funds.

5101:2-16-12 "Publicly funded child care program integrity review" replaced rescinded rule 5101:2-16-72 of the OAC and outlines the requirements to participate in record reviews conducted by ODJFS as part of the program integrity process. 

• Removed provider agreement suspension language due to new budget language in Am. Sub. H.B. 166 of the 133rd General Assembly.
• Clarified what happens if ODJFS determines misuse of PFCC as a result of a Program Integrity Review.
• In paragraph (E) the word "either" was changed to "both" for clarification.

Amended Forms:

JFS 01126 "Request for Reinstatement of Child Care Benefits" (rev. 10/2019) was revised to change "County Department of Job and Family Services" to "county agency" throughout the form.

JFS 01151 "County Notice of Child Care Benefit Repayment Requirements for Caretakers" (rev. 10/2019) was revised to change "County Department of Job and Family Services" to "county agency" throughout the form, and to remove an inactive web address for the Ohio State Legal Association.

JFS 01231 "Request for Payment Rate for Special Needs Child Care" (rev. 10/2019) was revised to update changes in required information and changes regarding the submission of the form and supporting documentation. The following changes were made: 

• Added a section for caretaker information regarding the special needs of the child.
• Added a signature line for the caretaker.
• Added specific questions to the provider about how the child care program has increased costs to accommodate the child with special needs.
• Updated the submission process to require the form and supporting documentation be sent to the new special needs child care e-mail address.

Implementation:

Requests for new special needs payment rates or renewals submitted after October 20, 2019 must use the new JFS 01231 "Request for Payment Rate for Special Needs Child Care" (rev. 10/2019).

If you have any questions, please contact the Child Care Policy Help Desk at 1-877-302-2347, option 4.