(A)What are the requirements
for publicly funded child care?
(1)The caretaker shall
complete an application for publicly funded child care.
(a)To begin the application,
the caretaker shall submit one of the following to the county
agency in the county in which the caretaker resides:
(i)The JFS 01138
"Application for Child Care Benefits" (rev. 10/2017) (rev. 12/2018) or its electronic equivalent with the caretaker's
name, address, and signature.
(ii)The JFS 01121
"Early Childhood Education Eligibility Screening Tool" (rev. 10/2017)(rev. 12/2018)
and the JFS 01122 "Publicly Funded Child Care Supplemental Application"
(rev. 10/2017)(rev. 12/2018)
with the caretaker's name, address, and signature.
(b)The application
shall be considered complete when the caretaker has submitted all of the following:
(i)The application
for publicly funded child care pursuant to paragraph (A)(1)(a) of this rule and
all information about the caretaker's household.
(ii)Verification
of citizenship or qualified alien status for children in need of care.
(iii)Verification
of income for all household members pursuant to rule 5101:2-16-34 of the Administrative
Code.
(iv)Verification of
a qualifying activity for all caretakers.
(v)The name and address
of an eligible provider chosen for each child in need of care.
(c)The caretaker
shall complete the application process within thirty calendar days from the date
the county agency receives the JFS 01138, the JFS 01121 or the JFS 01122.
(2)The family must
meet the income requirements:
(a)Initially, a caretaker
may be eligible for publicly funded child care if the family's gross monthly income
is at or below one hundred thirty per cent of the federal poverty level (FPL).
(b)On-going eligibility
may be maintained if the family's gross monthly income is at or below three hundred
per cent of the the FPL.
(c)These amounts
will be published annually in a child care procedure letter.
(3)The caretaker must
be participating in one or more of the following approved activities:
(a)Paid employment
on a full-time or part-time basis.
(i)Paid employment
includes the following if verification is provided confirming the employee will
return to work:
(a)Maternity leave.
(b)Leave taken in
accordance to the Family and Medical Leave Act of 1993 (FMLA).
(c)Short term disability
leave.
(ii)The end of seasonal
paid employment shall not be considered paid employment.
(b)A training or education
activity that prepares the caretaker for paid employment.
(c)Requirements set
forth as a result of participation in Ohio works first (OWF) or the supplemental
nutrition assistance program (SNAP) including:
(i)Caretakers who
receive OWF cash assistance may be eligible for child care benefits if child care
is necessary for the caretaker to comply with the requirements of a self-sufficiency
contract or an individual opportunity plan.
(ii)Caretakers who
are participating in an approved activity in order to meet OWF requirements if the
caretaker is sanctioned under OWF.
(iii)A minor parent
who participates in the learning, earning and parenting (LEAP) program pursuant
to rule 5101:1-23-50 of the Administrative Code.
(iv)Caretakers who
participate in the SNAP employment and training program may be eligible for child
care benefits if child care is necessary for caretakers to comply with the requirements
of their SNAP employment and training program plan.
(4)A child in receipt
of publicly funded child care shall:
(a)Be under age thirteen
at the time of application and may remain eligible through the end of the eligibility
period in which they turn thirteen; or
(b)Be under age eighteen
at the time of application if the child meets the definition of special needs pursuant
to paragraph (U) of rule 5101:2-16-01 of the Administrative Code, and may
remain eligible through the end of the eligibility period in which they turn eighteen.
(c)Meet the citizenship
requirements outlined in paragraph (Q)(R) of this rule.
(5)The family shall
not have more than one million dollars in cash, checking or savings accounts.
(B)Who is included
in a family?
A family is any of the following:
(1)One or more caretaker(s)
and all minor children who reside with the caretaker in the same household.
(2)A caretaker, the
caretaker's minor child and the child of the minor child when all reside in the
same household unless the minor child is participating in the LEAP program.
(3)A caretaker who
has shared custody of minor children when all the children reside with the caretaker
in the caretaker's household.
(4)A caretaker who
is a foster parent or stepparent and all of the minor children who reside with the
caretaker in the same household.
(5)Married caretakers
and all minor children who reside with the caretakers in the same household.
(6)Unmarried caretakers
who live in the same household with a common child and all of the minor children
who reside with them. Both caretakers shall be a caretaker for all the children
in the family.
(C)Can child care
be approved if a second caretaker is temporarily absent from the household, pursuant
to paragraph (W) of rule 5101:2-16-01 of the Administrative
Code?
When the family is currently eligible for publicly funded child care,
eligibility may continue when a second caretaker is temporarily absent.
(1)The following is
a list of temporary absences that may be considered:
(a)Attendance at school.
(b)Trip made in connection
with current or prospective employment.
(c)Service in the
military when it is the sole reason for the absence.
(d)Vacationing.
(e)Serving a jail
sentence.
(2)The temporarily
absent caretaker is used in the determination of eligibility in the following manner:
(a)The caretaker is
counted in household size.
(b)The income contributed
to the household by the absent caretaker is counted in the determination of eligibility
pursuant to rule 5101:2-16-34 of the Administrative Code.
(c)The caretaker's
activity shall not be considered when determining authorizations for child care
and the caretaker is not considered available for care.
(D)Can child care
be approved if a second caretaker is absent from the home for more than forty-five
days?
If a second caretaker is absent from the home for more than forty-five
days, the caretaker shall not be included in the household for determining eligibility
for child care.
(E)Can child care
be approved for basic education classes?
(1)A caretaker who
is engaged in basic education activities that take place at an official practice
center site or part of a limited English proficiency program where an instructor
is present, may be eligible for child care.
(2)Basic education
classes are defined as follows:
(a)High school or
equivalent education.
(b)Remedial high school
education.
(c)Adult basic and
literacy education (ABLE).
(d)Education for individuals
with limited English proficiency.
(F)What documentation
is needed to verify basic education classes?
The following documentation shall be provided by the caretaker:
(1)Proof of enrollment,
the days and hours the caretaker is attending and the length of the class prior
to care being authorized. When the class has open enrollment and no established
end date, the caretaker shall provide proof of how often progress is measured. The
county agency shall review progress no later than twelve months from the date care
was authorized.
(2)Proof of initial
testing, within the first month of class participation, showing the caretaker's
education and/or literacy level for activities listed in paragraph (E)(2) of this
rule.
(G)Can child care
be approved for post-secondary education activities?
(1)Post-secondary
education activities are defined as: college classes, federal
work study assignments, technical classes or vocational classes that are
part of a course of study leading to a degree, a certificate or a license.
(2)The classes Classes shall
be approved by an: accredited
institution of higher education, an institution that has a certificate issued or
has authorization from the Ohio board of regents or an institution that has a registration
from the state board of school and college registration.
(a)Accredited institution of higher education;
(b)Institution that has a certificate or has
an authorization from the Ohio board of regents; or
(c)Institution that has a registration from
the state board of school and college registration.
(3)When education
activities are accessed via electronic media, the number of hours approved for child
care shall not exceed the number of credit hours per week for the course, as defined
by the educational institution.
(4)A caretaker who
is engaged in post-secondary education shall not be eligible for child care if the
caretaker has completed the requirements for a baccalaureate degree unless the education
is necessary to meet specific requirements associated with maintaining the caretaker's
employment, certification or licensure.
(5)A caretaker who
has completed one hundred forty-four undergraduate semester hours or two hundred
sixteen undergraduate quarter hours, or the combined equivalent hours, shall not
be eligible for child care benefits for post-secondary education.
(6)A caretaker must
have a record of satisfactory participation as defined by the school or institution.
(H)Can child care
be approved for vocational/occupational job skills training activities?
(1)Vocational and
occupational job skills training may be an approvable activity for publicly funded
child care.
(2)Job skills training
activities shall be limited to education that is directly related to the individual's
employment goal and shall be approved by: approved by an accredited institution of higher education, an institution
that has a certificate issued or has authorization from the Ohio board of regents,
or an institution that has a registration from the state board of school and college
registration.
(a)An accredited institution of higher education;
(b)An institution that has a certificate issued
or has authorization from the Ohio board of regents;
(c)An institution that has a registration
from the state board of school and college registration; or
(d)A workforce inventory of education and training
(WIET) provider who has been approved by the Ohio department of job and family services
(ODJFS).
(3)Job skills training
activities may include, but are not limited to:
(a)Classroom job skills
training.
(b)Supervised on-the-job
skills training.
(c)Refresher job
skills training.
(I)Can child care
continue if a qualifying activity ends and a new activity is scheduled to begin
within the next thirty days?
A caretaker, who is currently eligible for child care, shall continue
to be eligible if the county agency has documentation that an approved activity
is scheduled to begin within the thirty-day period.
(J)Can child care
continue if a qualifying activity has ended and a new activity is not scheduled
to begin pursuant to paragraph (I) of this rule?
A caretaker, who is currently eligible for child care, shall have
child care continue if the county agency has notification that a qualifying activity
has ended. Authorization for care may continue pursuant to paragraph (D) of rule 5101:2-16-35.1 of the Administrative
Code, up to thirteen weeks from the date the qualifying activity ends and shall
not extend beyond the current eligibility period.
(K)What is transitional
child care?
A caretaker shall be eligible for transitional
child care benefits for the twelve-month period immediately following the end of
participation in OWF if the caretaker meets all of the initial and redetermination
requirements and all of the following apply:
(1)A caretaker shall be eligible for transitional
child care benefits for the twelve-month period immediately following the end of
participation in OWF if the caretaker meets all of the initial and redetermination
eligibility requirements and all of the following apply:
(a)The caretaker needs child care due to employment.
(b)The caretaker's initial income does not
exceed one hundred fifty per cent of the federal poverty level (FPL). These amounts
shall be published annually in a procedure letter upon final release in the Federal
Register.
(1)The caretaker needs child care due to employment.
(2)The caretaker's income does not exceed one
hundred fifty per cent of the federal poverty level (FPL). These amounts shall be
published annually in a procedure letter upon final release in the Federal Register.
(3)(2) A caretaker who is ineligible to participate in
OWF pursuant to section 5101.83 or 5107.16 of the Revised Code is not eligible for
transitional child care.
(L)What isif a family needs protective
child care?
Protective child care is publicly funded child care services provided
to assist in the care and protection of a child. Caretakers receiving protective
child care shall be determined eligible without regard to
income or assets and shall have their copayment waived pursuant to rule 5101:2-16-39
of the Administrative Code. One of the following requirements
shall be met for protective child care:
(1)A case plan, as
required in section 2151.412 of the Revised Code isshall be prepared and maintained for the child and caretaker.
The case plan shall indicate a need for protective child care to permit the caretaker
to complete requirements of the case plan. Protective child care may be authorized
only for a child who resides in the home of the caretaker for whom the case plan
is written.
(2)A caretaker and child either temporarily
reside in a facility providing emergency shelter for homeless families or are determined
by the county agency to be homeless, and the caretaker is not participating in an
approved activity. Homeless protective child care is limited to ninety calendar
days in a twelve month period, or the period of time that the caretaker and child
reside in an emergency shelter, or the period of time when the caretaker and child
are homeless, whichever period is shortest.
(3)(2) Kinship child care as defined in Chapter 5101:2-40
of the Administrative Code is not protective child care or
publicly funded child care.
(M)What if a family is homeless?
Homeless child care is publicly funded child
care provided when a caretaker and child either temporarily reside in a facility
providing emergency shelter for homeless families or are determined by the county
agency to be homeless.
(1)If the homeless caretaker does not meet
the qualifications pursuant to paragraph (A)(3) of this rule, the family shall be
determined eligible for homeless child care without regard to income or assets and
the copayment shall be waived.
(2)Homeless child care shall be approved for
ninety calendar days or the period of time that the caretaker and child are homeless,
whichever period is shorter.
(3)A family shall not receive homeless child
care more than once in a twelve month period.
(M)(N) What is a category of authorization?
(1)The county agency
shall determine eligibility for publicly funded child care benefits and shall authorize
child care for periods that are reasonably related to the caretaker's hours of employment,
education or training.
(2)Authorizations
shall be made for one of the following categories:
(a)Hourly, which is
less than 7.0 hours per week.
(b)Part-time weekly
which is 7.0 to less than 25.0 hours per week.
(c)Full-time weekly,
which is 25.0 to 60.0 hours per week.
(d)Full-time weekly
plus, for hours greater than 60.0 as determined by the county agency.
(3)The category of
authorization, determined at the time the county agency determines eligibility,
shall be maintained for the entire eligibility period unless verification is submitted
requiring an increase to the category of authorization.
(N)(O) Can child care be approved for hours in addition
to the hours the caretaker is participating in an approved activity?
(1)Child care may
exceed twenty-four consecutive hours when the caretaker's hours of employment, training
or education indicate such a need.
(2)Travel time, not
to exceed four hours round trip, shall be allowed.
(3)Sleep time shall
be allowed on a case by case basis, not to exceed eight hours, for a caretaker who
participates in an activity where at least four hours occur between midnight and
six a.m.
(O)(P) Can a child continue attending a federally funded
head start program if the caretaker is no longer participating in a qualifying activity?
(1)A child enrolled
in a child care program that partners with a federally funded head start program
may remain eligible for child care benefits until the end of the current head start
program year if the county agency proposes termination of child care due to an unmet
eligibility requirement.
(2)To remain eligible
for continuation of child care benefits, the caretaker shall meet the following
eligibility requirements:
(a)The caretaker shall
meet the income eligibility requirements outlined in paragraph (A)(1) of this rule.
(b)The caretaker shall
pay the assigned copayment.
(c)The caretaker
shall complete the redetermination process pursuant to rule 5101:2-16-37 of the
Administrative Code.
(d)The caretaker shall
not have been found guilty by a court of law for child care fraud.
(P)(Q) Can child care be reinstated after termination of
child care benefits?
(1)A caretaker may
be eligible for reinstatement of child care benefits within sixty days following
termination if the termination was due to income or the caretaker's employment,
training or education activity was interrupted.
(a)The caretaker shall
complete either a JFS 01126 "Request for Reinstatement of Child Care Benefits"
(9/2011) or the application for publicly funded child care defined in paragraph
(A)(1) of this rule. If the most recent period of eligibility will expire within
forty-five days of the request for reinstatement, the caretaker shall complete the
application for publicly funded child care defined in paragraph (A)(1) of this rule.
(b)The maximum monthly
income limit for ongoing eligibility, as defined in paragraph (A)(2)(b) of this
rule, shall be used to determine income eligibility.
(c)The copayment
amount shall be based on the current income and household size.
(d)The caretaker shall
verify that he or she is engaged in a qualifying employment, education or training
activity as required in this rule, and shall verify current income and household
size.
(e)The caretaker shall
not have an outstanding overpayment or outstanding delinquent copayment unless a
repayment plan is in place and the terms of the repayment plan are being met.
(2)The caretaker may
be eligible only if the original eligibility period has not expired.
(3)The caretaker is
not eligible for reinstatement if the termination of eligibility was as a result
of a redetermination of eligibility.
(Q)(R) What are the citizenship requirements for child
care?
(1)The county agency
shall verify the United States (U.S.) citizenship or immigration status for children
for whom a caretaker applies for child care benefits. If the county agency verifies
that a caretaker receives or has received OWF for a child, verification of citizenship
is not required.
(2)To be eligible
for child care, a child must be one of the following:
(a)A U.S. born citizen.
The caretaker shall provide a civilian birth, baptismal, church certificate, or
hospital record showing a birthplace in the U.S. "Birthplace in the U.S."
refers to an individual born in one of the fifty states, District of Columbia, Puerto
Rico, Guam, Northern Mariana islands, U.S. Virgin islands, Swain island, or American
Samoa.
(b)A foreign born
U.S. citizen. The caretaker shall provide a citizen certification, U.S. passport,
consulars certification of birth or certificate of naturalization as verification.
(c)A qualified alien.
Qualified alien means one of the following:
(i)An alien who
is lawfully admitted for permanent residence under the Immigration and Nationality
Act (INA), 8 U.S.C. 1101 (1/14).
(ii)An alien who
is granted asylum under section 208 of the INA, 8 U.S.C. 1158 (1/3/12).
(iii)A refugee who
is admitted to the United States under section 207 of the INA, 8 U.S.C 1157 (1/3/12).
(iv)An alien who is
paroled into the United States under section 212(d)(5) of the INA, 8 U.S.C. 1182(d)(5),
for a period of at least one year (3/2013).
(v)An alien whose
deportation is being withheld under section 243(h) of the INA, 8 U.S.C. 1253 (as
in effect immediately before the effective date of section 307 of division C of
Public Law 104-208) or section 241(b)(3) of the INA, 8 U.S.C. 1231(b)(3) (as amended
by section 305(a) of division C of Public Law 104-208).
(vi)An alien who is
granted conditional entry pursuant to section 203(a)(7) of the INA, 8 U.S.C. 1153(a)(7)
as in effect prior to April 1, 1980.
(vii)An alien who is
a Cuban or Haitian entrant (as defined in section 501(e) of the Refugee Education
Assistance Act of 1980).
(viii) A battered alien
who meets the conditions set forth in 8 U.S.C. 1641 (c)(1/3/12).
(ix)An alien who is
the victim of a severe form of trafficking as set forth in 8 U.S.C. 1641 (c)(4).
(x)An Afghan or Iraqi
alien admitted to the U.S. who was granted a special immigrant visa (SIV) under
section 101(a)(27) of the INA, 8 U.S.C. 1157.
(d)Except as provided
in paragraph (Q)(2)(e) of this rule, a child who is a qualified alien, as defined
in 8 U.S.C. 1641 and entering the United States on or after August 22, 1996 shall
be required to live in the United States for five years before being eligible for
child care.
(e)A child in any
of the following categories is exempt from the requirement that he or she live in
the United States five years prior to eligibility:
(i)An alien who
is admitted to the United States as a refugee under section 207 of the INA, U.S.
C. 1157.
(ii)An alien who
is granted asylum under section 208 of the INA, 8 U.S.C. 1158.
(iii)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).
(iv)An alien who is
a Cuban or Haitian entrant as defined in section 501(e) of the Refugee Education
Assistance Act of 1980.
(v)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).
(vi)The unmarried
dependent child of an alien meeting the veteran and active duty exception in 8 U.S.C.
1641(b)(2).
(f)If the child is
an alien, his or her status may be verified by forms issued through the systematic
alien verification for entitlements (SAVE) program. In some instances validity of
documents shall be verified by submitting the department of homeland security, "Document
Verification Request" form G845S (5/20/15) to the appropriate office, along
with the proper documentation.
Effective: 12/16/2018
Five Year Review (FYR) Dates: 3/7/2018 and 12/16/2023
Certification: CERTIFIED ELECTRONICALLY
Date: 12/06/2018
Promulgated Under: 119.03
Statutory Authority: 5104.34, 5104.38
Rule Amplifies: 5104.01, 5104.42, 5104.38, 5104.382, 5104.34, 5104.30
Prior Effective Dates: 11/01/1991 (Emer.), 01/20/1992, 07/06/1992
(Emer.), 10/01/1992, 07/02/1993 (Emer.), 08/20/1993, 01/01/1994, 10/02/1995 (Emer.),
12/26/1995, 07/01/1997 (Emer.), 10/01/1997 (Emer.), 12/30/1997, 01/01/1999, 05/12/2002,
06/09/2003, 07/01/2005 (Emer.), 10/01/2005, 07/01/2006, 02/01/2007, 07/01/2007,
07/01/2008, 07/01/2009, 07/23/2009 (Emer.), 10/21/2009, 07/01/2011 (Emer.), 09/29/2011,
06/23/2013, 03/02/2014, 09/14/2014, 02/22/2015, 09/28/2015, 06/26/2016, 10/01/2017