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 was refiled to correct an error in the appendices and will be effective March 31, 2022.

The following rule has been amended:

5101:2-16-02 "Application and qualification process for receipt of publicly funded child care benefits" has been amended with the following changes: 

• Clarified that counties utilizing CCIDS for child care determinations will accept the JFS 01138 "Application for Child Care Benefits" or its electronic equivalent, and the JFS 01124 "Re-determination Application for Child Care Benefits"
• Added that counties utilizing Ohio Benefits for child care determinations will accept the JFS 07200 "Application for Cash, Food, Child Care or Medical Assistance" and the JFS 07204 "Request to Reapply for Cash Assistance, SNAP and/or Child Care" or their electronic or telephonic equivalents
• Clarified that signatures may be handwritten or electronic for counties utilizing CCIDS for child care determinations
• Clarified that signatures may be handwritten, electronic or telephonic for counties utilizing Ohio Benefits for child care determinations
• Clarified that 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
• Clarified that when the thirtieth day after a valid application is received by the county agency falls on a weekend or a holiday, the completed application, including all verifications, is due on the next business day
• Removed "one hundred thirty percent" and replaced with "one hundred forty-two percent" to reflect changes to the Federal Poverty Level (FPL) for initial income eligibility for PFCC due to the passage of Amended Substitute House Bill 110 of the 134th General Assembly
• Added that families with a child in need of care who has a verified special need may qualify for initial income eligibility if their gross monthly income is at or below one hundred fifty percent of the FPL due to the passage of Amended Substitute House Bill 110 of the 134th General Assembly
• Clarified that in families with more than one caretaker, child care may be approved for the hours in which no caretaker is available to care for children because of participation in qualifying activities
• Clarified that families with a child who has a special need must provide verification of the child's special need only if the child needs care
• Removed the word "waiver" and replace with "payment enhancement" for clarification
• Removed "thirteen weeks" and replace with "three months but not more than four months" to clarify activity gap time periods due to the passage of Amended Substitute House Bill 110 of the 134th General Assembly
• Clarified 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.
• Clarified that 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
• Added "recertification" throughout the rule wherever "redetermination" occurs to reflect language used in the Ohio Benefits system
• Clarified that temporary absences of second caretakers may be considered for initial as well as ongoing eligibility
• Clarified that the redetermination/recertification application may be accepted for reinstatement requests that occur during or after the second to last month of the original eligibility period
• Clarified that the initial application may be accepted when caretakers are applying for redetermination/recertification
• Removed "45 days prior to the end of the eligibility period" and replace with "On or after the first day of the next to last month of eligibility but before the first day of the last month" to reflect a new time period when the redetermination/recertification packet will be sent to the caretaker
• Added clarification for how a PFCC application is processed when a caretaker is applying for other benefits
• Added clarification for the process when a caretaker wishes to withdraw an application for PFCC or discontinue receiving PFCC benefits
• Added clarification for the process of ending benefits when a caretaker is no longer a resident of the state of Ohio 

Appendix A to rule 5101:2-16-02 has been rescinded and enacted with the following changes: 

• Removed the requirement that basic education activities take place at the official practice center site where an instructor is present to allow for online basic education activities
• Clarified that post-secondary education activities will always be considered qualifying activities regardless of degree obtained or number of credit hours earned

Appendix B to rule 5101:2-16-02 has been rescinded and enacted to clarify citizenship and verification requirements for children in need of care to align with the cash assistance program  

Implementation:

As counties begin using the Ohio Benefits statewide automated eligibility system to process PFCC applications, they will follow the OB procedures in rule, including accepting the appropriate OB forms and all other procedures specific to the OB system.

The process will begin with the five pilot counties before statewide conversion to the OB system. When the entire state is live in OB, another package of rule amendments will be submitted for public review.

Forms

Forms contained in these rules will appear in a separate clearance. The manual procedure letter will contain more detailed implementation guidance.

The JFS 07200 "Application for Supplemental Nutrition Assistance Program (SNAP), Cash assistance, Medical assistance or Child Care assistance" will be used to apply for child care using the Ohio Benefits system

The JFS 07204 "Request to Reapply for Cash Assistance, SNAP and/or Child Care" will be used to redetermine eligibility using  the Ohio Benefits system.

The JFS 07105 "Application/Reapplication Verification Request Checklist" will be generated via Ohio Benefits when a county is utilizing Ohio Benefits to determine eligibility.

The most recent version of all ODJFS forms referenced in these rules can be accessed through Forms Central.

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