Rescinded per CAMTL 75

(A)Conflict with Revised Code

(1) Section (5) of Amended Substitute Senate Bill 238 of the 126th General Assembly (09/06) sets forth the following provision: Not later than September 30, 2006, the director of job and family services shall adopt rules as necessary for the state to comply with 45 U.S.C. 607(i)(2) (08/96). If necessary to bring the state into compliance with 42 U.S.C. 607(i)(2) (08/96), the rules may deviate from Chapter 5107. of the Revised Code. Rules adopted under this section that govern financial and other administrative requirements applicable to the department of job and family services and county departments of job and family services shall be adopted in accordance with section 111.15 of the Revised Code as if they were internal management rules. All other rules adopted under this section shall be adopted in accordance with Chapter 119. of the Revised Code.

(2)The county department of job and family services (CDJFS) shall administer the work activity programs in accordance with the requirements contained in this rule and not in accordance with section 5107.16 of the Revised Code.

(3) All applicable requirements contained in the Revised Code section referenced in paragraph (A)(2) of this rule have been incorporated in this rule.

(B)Affected OWF assistance groups.

(1)The provisions set forth in this rule are applicable to the following OWF assistance groups who had a sanction or penalty assessed on their OWF case prior to October 1, 2006 and the individual who caused the failure and all individuals who were in the OWF assistance group at the time of the failure remained ineligible for OWF:

(a)Child(ren), and a parent in some instances, who were determined eligible to receive OWF because they entered the home after the fail date of the three-tier sanction.

(b)Child(ren), and a parent in some instances, who were determined eligible to receive OWF because they entered the home after the date of ineligibility for the penalty situations outlined below.

(i) Termination of employment without just cause as set forth in paragraph (B)(3)(a) of rule 5101:1-3-14 of the Administrative Code.

(ii) Receipt of fraudulent assistance as set forth in paragraph (B)(3)(b) of rule 5101:1-3-14 of the Administrative Code.

(iii) Refusal to cooperate with a quality assessment (QA) review as set forth in paragraph (B)(3)(c) of rule 5101:1-3-14 of the Administrative Code.

(2)Individuals who are under a three-tier sanction that was assessed on their OWF case prior to October 1, 2006 and subsequently move out of that original sanctioned assistance group and into another OWF assistance group are considered non-recipient work eligible individuals and the requirements set forth in paragraph (C) of this rule are applicable.

(C)Requirements for work eligible individuals under a three-tier sanction.

Effective October 1, 2006, all non-recipient work eligible individuals under a three-tier sanction must comply as indicated below:

(1) The non-recipient work eligible individual must demonstrate to the CDJFS a willingness to cease the failure or refusal to comply with the self sufficiency contract requirement.

(2)If the work eligible individual fails to comply, as determined by the CDJFS, the OWF assistance group shall be terminated no later than December 31, 2006.

(3)If the work eligible individual complies as determined by the CDJFS and other eligibility factors are met, OWF shall be approved for the entire assistance group.

(4)A work eligible individual who complies, but has not yet served the minimum sanction period pursuant to rule 5101:1-3-15 of the Administrative Code, cannot be added back to the open OWF case until the minimum sanction period has been served.

(D)Requirements for work eligible individuals under a penalty situation.

(1) Effective October 1, 2006 all non-recipient work eligible individuals under the penalty situation identified in paragraph (B)(1)(b)(ii) of this rule must comply as indicated below:

(a)The non-recipient work eligible individual must repay the fraudulent assistance in full.

(b)If the work eligible individual fails to repay the fraudulent assistance in full, the OWF assistance group shall be terminated no later than December 31, 2006.

(c)If the work eligible individual repays the fraudulent assistance in full and other eligibility factors are met, OWF shall be approved for the entire assistance group.

(2) Non-recipient work eligible individuals under a penalty situation identified in paragraphs (B)(1)(b)(i) and (B)(1)(b)(iii) of this rule are not eligible to receive OWF until the time-limited penalty is served. The open OWF assistance group must be terminated no later than December 31, 2006 if the ineligiblity period has not been fully served.