(A)What is a
caretaker improper child care payment?
A caretaker improper payment for publicly funded child care
(PFCC) means that a PFCC payment was made to a caretaker's provider for
services provided to the caretaker's child that were ineligible to be paid by
the PFCC program. The caretaker shall repay the county agency for the following
improper payments:
(1)An error on the
part of the caretaker or the caretaker's authorized
representative, pursuant to rule 5101:2-16-01 of the Administrative Code.
(2)Payments made
to a provider for care provided during a state hearing appeal period when the
decision to terminate benefits is upheld at the state hearing.
(3)An error by the
county agency or Ohio department of job and family services.
(B)What is
considered caretaker misuse of PFCC benefits or the automated child care
system?
Misuse is when the caretaker:
(1)Intentionally
withholds or falsifies information, including
information withheld or falsified by the caretaker's authorized representative,
as defined in rule 5101:2-16-01 of the Administrative Code.
(2)Allows the
provider to use or possess the caretaker's personal identification information
to gain access to the automated child care system.
(3)Falsifies
attendance records.
(C)What are the
repayment procedures for a caretaker improper child care payment or an
overpayment related to misuse of the automated child care system?
(1)The county
agency shall:
(a)Calculate the
overpayment resulting from an improper payment.
(b)Notify the
caretaker of the determined overpayment amount to be repaid using the JFS 01151
"County Notice of Child Care Benefit Repayment Requirements for
Caretakers" (rev. 10/2019).
(c)Report
payments received from caretakers in the county finance information system
(CFIS).
(2)The caretaker
shall:
(a)Sign the JFS
01151 acknowledging the overpayment and agreeing to a repayment plan.
(b)Make payments
in accordance with the signed payment agreement.
(D)What if the
caretaker fails to comply with a repayment agreement?
(1)The county
agency shall terminate child care benefits if the caretaker fails to enter into
or comply with an agreement to repay a child care overpayment, and shall issue
the appropriate hearing notice pursuant to division 5101:6 of the
Administrative Code.
(2)Ineligibility
for child care benefits shall continue until the caretaker complies with an
agreement to repay the determined amount.
(E)What is
considered child care caretaker fraud?
(1)Child care
caretaker fraud is the willful withholding or falsification of information, or
the misuse of child care services by the caretaker, or
the caretaker's authorized representative, pursuant to rule 5101:2-16-01 of the
Administrative Code, with an intent to deceive or defraud, resulting in
the acceptance of services to which the caretaker was not entitled, as
determined by a court of law or the caretaker's admission.
(2)The county
agency, in cooperation with the county prosecutor, shall develop and implement
procedures for the investigation and/or prosecution of alleged child care
caretaker fraud and the recovery of child care over payments from caretakers.
The county agency shall update these procedures as necessary.
(F)What happens if
a caretaker has admitted to caretaker fraud or has been convicted of fraud by a
court of law?
(1)The county
agency shall terminate child care benefits.
(2)The caretaker
shall not be eligible for PFCC benefits until full repayment has been made.
(3)The county
agency shall follow all appropriate provisions of the state hearing notice as
required in division 5101:6 of the Administrative Code.
Effective: 2/27/2022
Five Year Review (FYR) Dates: 10/20/2024
Certification: CERTIFIED ELECTRONICALLY
Date: 02/17/2022
Promulgated Under: 119.03
Statutory Authority: 5104.38
Rule Amplifies: 5104.38
Prior Effective Dates: 06/03/1996, 10/01/1997 (Emer.),
12/30/1997, 01/01/2002, 02/01/2007, 07/01/2008, 03/28/2010, 08/28/2011,
05/04/2014, 08/10/2015, 12/16/2018, 10/20/2019