This rule sets forth describes the process the county agency shall use when
determining eligibility for a dependent child in a shared parenting
arrangement.
(A) What are
shared parenting arrangements?
(1) Shared
parenting arrangements include:
(a) Formal, court
ordered arrangements;
(b) Informal
arrangements agreed upon mutually by both parents; or
(c) A combination
of both formal, court ordered arrangements and informal arrangements.
(2) The county
agency shall evaluate actual circumstances when the parents follow an informal
arrangement that is different than the shared parenting court order or when
there is no formal, court ordered arrangement.
(B) Can both
parents receive food assistance supplemental nutrition assistance program (SNAP) for
the same child in the same month?
(1) Both parents
cannot receive food assistance SNAP for the same child in the same month despite a
shared parenting order permitting the child to reside live with each parent for part of the month.
(2) Since shared
parenting arrangements are not the same in each case, a child’s food assistance SNAP
eligibility shall be determined on a case-by-case basis.
(C) How does the
county agency determine which assistance group should include the child?
(1) If When only one parent
applies for the child and the child resides lives with him or her for part of the month, then the
child shall be included in the parent's assistance group.
(2) When both
parents apply for the child:
(a) The child
shall be included in the assistance group with the parent where he or she resides lives the
majority (more than fifty per cent) of the time.
(b) If When the child resides lives with each
parent an equal amount of time, then the county agency shall determine who
provides the majority (more than fifty per cent) of the child’s meals:
(i) If When one parent
provides the majority of the child’s meals, then the county agency shall
include the child with the parent who provides the majority of the meals.
(ii) If When both parents
provide fifty per cent of the child’s meals, then the parents are to agree
which parent's assistance group should include the child.
(iii) If When both parents
provide fifty per cent of the child’s meals but the parents cannot agree which
assistance group should include the child, then the county agency shall include
the child with the parent who applied first.
(D) How does the
county agency verify shared parenting arrangements?
The county agency shall use the procedures set forth described in
rule 5101:4-2-09 of the Administrative Code to verify shared parenting
arrangements. The county agency shall use the best available information to
determine eligibility. The county agency shall ensure that all supporting
documents are located in the assistance group’s case file, as well as document
the decision made on the case in running record comments
in theclient registry information
system-enhanced (CRIS-E) in the statewide
automated eligibility system.
(E) How often
should the shared parenting arrangement be evaluated?
The child shall remain in the parent's assistance group through
the assigned certification period once the county agency determines the child
should be included in that assistance group based on the process outlined in
paragraph (C) of this rule. Eligibility shall only be re-evaluated when there
is a:
(1) Change reported
in assistance group composition;
(2) Change
reported in the shared parenting arrangement; or
(3) Recertification.; or
(4) The other parent applies for the same
child and:
(a) The county has not made a determination
under paragraph (C)(2) of this rule for the current certification; or
(b) There has been a change in
circumstances since a determination was last made under paragraph (C)(2) of
this rule.
Effective: 8/1/2018
Five Year Review (FYR) Dates: 4/11/2018 and 08/01/2023
Certification: CERTIFIED ELECTRONICALLY
Date: 06/27/2018
Promulgated Under: 111.15
Statutory Authority: 5101.54
Rule Amplifies: 329.04, 329.042, 5101.54
Prior Effective Dates: 07/01/2013