(A)The county agency
shall document the date an application for publicly funded child care, defined in
rule 5101:2-16-30 of the Administrative Code, is received.
(B)The National Voter
Registration Act (NVRA) of 1993 requires each state to provide voter registration
services at designated government agencies that provide public assistance.
(1)The county agency
shall distribute voter registration applications with applications for publicly
funded child care, defined in rule 5101:2-16-30 of the Administrative Code.
(2)The county agency
shall follow procedures outlined in rule 5101:1-2-15 of the Administrative Code
for the acceptance of voter registration applications.
(C)The county agency
shall determine eligibility no later than thirty calendar days from the date the
county agency receives the application. The complete application and all required
supporting documentation shall be retained in the agency's files.
(D)The county agency
shall not require a face-to-face interview with the caretaker if the information
required for determining the caretaker's eligibility for child care is already on
file with the county agency and/or the required information can be obtained through
other methods.
(E)If the county agency
determines a caretaker is eligible for child care benefits, the eligibility period
may begin on the date the county agency received the application. The caretaker
shall receive notice of approval for child care benefits by the JFS 04074 "Notice
of Approval of Your Application for Assistance" (rev. 9/2011) or its computer-generated
equivalent.
(F)If the county agency
determines a caretaker ineligible for child care benefits the county agency shall
deny the application. The county agency shall:
(1)Provide the caretaker
with a notice of denial of an application for child care benefits by the JFS 07334
"Notice of Denial of Your Application for Assistance" (rev. 9/2011) or
its computer-generated equivalent.
(2)Authorize child
care pursuant to paragraph (D) of rule 5101:2-16-35.1
of the Administrative Code for the period of time between the date the county agency
receives the application and the date of denial plus five days, not to exceed a
full time authorization. Authorization for payment after
denial shall not be approved if a caretaker received paid services after denial
in the previous twelve months from the date of application.
(a)The county agency shall notify the provider
of the denial of the application at the time of the caretaker's denial and if the
provider is permitted to submit the JFS 01211 "Request for Payment of Publicly
Funded Child Care Services Provided for a Denial of Application" (9/2014).
(b)The county agency shall approve publicly
funded child care payment after denial for the caretaker only once during a twelve
month period.
(G)The county agency
shall redetermine eligibility for child care by the last day of the current eligibility
period.
(H)The county agency
shall propose termination of child care benefits using the JFS 04065 "Prior
Notice of Right to a State Hearing" (rev. 5/2001) or its computer-generated
equivalent fifteen calendar days prior to the date of the proposed action if any
of the following occur:
(1)The caretaker fails
to submit a redetermination application and all required supporting documentation
by fifteen days prior to the end of the current eligibility period.
(2)The county agency
determines the family is no longer eligible.
(I)If the county
agency determines the caretaker eligible for child care benefits for a new eligibility
period, the new period shall begin on the date following the last day of the current
eligibility period. The county agency shall provide notice of approval for child
care benefits using the JFS 04074 or its computer-generated equivalent.
(J)If the county
agency determines the caretaker ineligible for child care benefits for a new eligibility
period, the county agency shall provide notice of denial of an application for child
care benefits using the JFS 07334 or its computer-generated equivalent.
(K)The county agency
shall assure that alternative methods for application are available to families
through telephone, fax, computer and other means at locations other than the county
agency that are convenient and accessible for families. These shall include, but
are not limited to, the following:
(1)The county agency
may contract with child care providers or resource and referral organizations to
make all or any part of the eligibility determinations.
(2)The county agency
may contract with child care providers or resource and referral organizations to
collect information for use by the county agency in determining eligibility for
child care benefits.
(3)The county agency
may complete or receive the application with information provided over the telephone,
fax, the Ohio department of job and family services (ODJFS) child care web site
at https://jfs.ohio.gov/cdc/families.stm, or via computer. The county agency may
use and accept electronic records and electronic signatures as specified in Chapter
1306. of the Revised Code.
(L)The county agency
shall deny or terminate a caretaker's eligibility for child care benefits, after
providing hearing notice rights as required by applicable rules in division 5101:6
of the Administrative Code, if the caretaker does any of the following:
(1)Does not meet current
eligibility, unless the caretaker is approved for continuing eligibility pursuant
to paragraph (J) of rule 5101:2-16-30 of the Administrative
Code.
(2)Has another adult
caretaker available in the family (as determined pursuant to rule 5101:2-16-30 of
the Administrative Code) who can provide appropriate care for the child, except
when the caretaker provides written verification to the county agency from a licensed
physician, licensed psychologist, licensed psychiatrist or public children services
agency (PCSA) that the caretaker cannot provide appropriate care for the child.
(3)Does not cooperate
in determining eligibility for current or for past benefits.
(4)Does not enter
into or comply with an agreement with the county agency or ODJFS to repay a child
care overpayment.
(5)Does not use child
care services for a period of thirty-one consecutive days, unless exempted by this
rule.
(6)Does not pay the
required child care copayment unless the family makes arrangements to pay delinquent
copayments.
(7)Owes delinquent
copayments to a child care provider, unless satisfactory arrangements are made to
pay such delinquent copayments.
(8)Owes a child care
overpayment or the caretaker fails to make or comply with arrangements to repay
a child care overpayment.
(M)The county agency
may terminate a caretaker's eligibility for child care benefits, after providing
hearing notice rights as required by applicable rules in division 5101:6 of the
Administrative Code, if the caretaker or designee:
(1)Does not comply
with Ohio electronic child care (ECC)the automated child care system, which includes, but is
not limited to, use of the swipe cardautomated system, manual claims and
adjustment processing and approval of edited attendance
as necessary.
(2)Does not comply
with a review conducted by ODJFS pursuant to rule 5101:2-16-72 of the Administrative
Code.
(N)The county agency
shall not terminate child care benefits pursuant to paragraph (L) of this rule if
any of the following criteria are met:
(1)A caretaker has
not utilized child care benefits because the caretaker has not participated in an
education or training activity which prepares the caretaker for paid employment
due to a scheduled break in the education or training activity. This scheduled break
cannot exceed one quarter or one semester.
(2)A caretaker has
not utilized child care benefits due to an inability to arrange placement with an
eligible provider of the caretaker's choice.
(3)A caretaker has
not utilized child care benefits due to a child's visitation with a non-residential
caretaker.
(O)The county agency
shall assist migrant families in obtaining appropriate documentation in order to
expedite the migrant family's determination of eligibility for child care benefits.
(P)If a caretaker
moves to another county, all counties shall use the procedures outlined by ODJFS
for transferring cases between counties.
(Q)Notice and hearing
requirements contained in division 5101:6 of the Administrative Code shall apply
to determinations of eligibility for child care benefits. The county agency shall
issue a notice of a change in child care benefits to the caretaker within ten calendar
days from the date the change of circumstance was reported by the caretaker.
Effective: 12/16/2018
Five Year Review (FYR) Dates: 5/1/2019
Certification: CERTIFIED ELECTRONICALLY
Date: 12/06/2018
Promulgated Under: 119.03
Statutory Authority: 5104.34, 5104.38
Rule Amplifies: 5104.30, 5104.32, 5104.34, 5104.38
Prior Effective Dates: 07/29/1991, 11/01/1991 (Emer.), 01/20/1992,
01/01/1994, 01/02/1996 (Emer.), 03/01/1996, 10/01/1997 (Emer.), 12/30/1997, 01/01/1999,
02/14/2002, 04/01/2003, 07/01/2005 (Emer.), 09/26/2005, 02/01/2007, 02/01/2008,
07/01/2009, 03/28/2010, 08/28/2011, 05/04/2014, 09/14/2014, 02/22/2015, 09/28/2015,
06/26/2016, 10/01/2017