(A)Conflict with Revised CodeWhich
section of the Revised Code applies to federal work participation rates?
(1)Section (5) of Amended Substitute Senate
Bill 238 of the 126th General Assembly (9/2006) 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 42 U.S.C. 607(i)(2)
(8/1996). When necessary to bring the state into compliance with 42 U.S.C.
607(i)(2), 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
agencies shall be adopted in accordance with section 111.15 of the Revised Code
when 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)(1) Section 5107.05 of the
Revised Code authorizes the director of job and family services to adopt rules
as necessary to comply with Title IV-A, Title IV-D, federal regulations, state
law, and the state planThe county agency shall
administer the work activity programs in accordance with the requirements
contained in this rule and not in accordance with sections 5107.40, 5107.42 and
5107.44 of the Revised Code.
(3)(2) The county agency will
administer the work activity programs in accordance with the requirements
contained in this rule and not in accordance with sections 5107.40, 5107.42 and
5107.44 of the Revised CodeAll applicable requirements
contained in the Revised Code sections referenced in paragraph (A)(2) of this
rule have been incorporated in this rule.
(B)What are the
federal work participation rates?
(1)Each federal
fiscal year each county agency must achieve the minimum federal work
participation rates pursuant to 45 C.F.R. 261.21 (10/2012)(2/2008) and 45 C.F.R. 261.23 (10/2012)(2/2008). The minimum federal work participation rates
are ninety per cent for two-parent assistance groups and fifty per cent for all- family assistance groups.
(2)For purposes of
calculating federal work participation rates, the definitions described in this
rule are applicable. In order to meet the definitions of two-parent assistance
groups or all-family assistance groups as described in paragraphs (C) and (D)
of this rule, the work-eligible individuals shall be included in the assistance
group. Learning, earning and parenting (LEAP) participation by a minor head of
household, as defined in section 5107.02 of the Revised Code and rule
5101:1-1-01 of the Administrative Code, is included in the two-parent or the
all-family assistance group definitions for federal work participation
calculation purposes.
(C)What is a
two-parent assistance group?
(1)Definition
A two-parent assistance group includes at least one minor child
and two natural or adoptive parents of the same minor child who are
work-eligible individuals and living in the home. This includes a two-parent
assistance group that is deemed to include a minor child when the only minor child
is in receipt of supplemental security income (SSI) benefits, or is a child for
whom federal, state, or local adoption assistance or foster care maintenance
payments are made.
(2)Exception
When an assistance group contains two work-eligible parents of
the same minor child, and one of the parents is disabled, the assistance group
shall be excluded from the two-parent work participation requirements.
Disability of a parent shall be deemed to exist when at least one parent has a
physical or mental illness or impairment. The disability shall be supported by
competent medical documentation and must be of such a debilitating nature as to
reduce substantially or eliminate the parent's ability to work. The disability
must be expected to last for a period of at least thirty days. A finding of
eligibility for retirement, survivor's, and disability insurance (RSDI) or SSI
benefits based on disability or blindness is acceptable proof of a disability
for OWF purposes.
(D)What are
all-family assistance groups?
All-family assistance groups include two-parent assistance
groups as defined in paragraph (C) of this rule, and assistance groups
described in paragraphs (D)(1) to (D)(6) of this rule.
(1)An assistance
group containing a minor child and a work-eligible individual.
(2)An assistance
group containing a minor child and a specified relative in need as described in
rule 5101:1-23-10 of the Administrative Code.
(3)An assistance
group as identified in paragraph (C)(2) of this rule shall be included in the
all-family assistance group definitions.
(4)An assistance
group containing only a pregnant woman who is at least in her sixth month of
pregnancy.
(5)When the only
minor child is in receipt of SSI benefits, or is a child for whom federal,
state or local foster care maintenance or adoption assistance payments are
made, the assistance group is deemed to include that minor child for purposes
of determining eligibility to participate in OWF.
(6)An assistance
group containing a minor child, a work-eligible individual and a parent who is
a recipient of SSI benefits.
(E)What are
child-only assistance groups?
Child-only assistance groups are excluded from the federal work
participation rate calculation. A child-only assistance group is an assistance
group containing a minor child residing with a parent, legal guardian, legal
custodian, or other specified relative whose needs are not included in the
assistance group and who does not meet the definition of a work-eligible
individual pursuant to paragraph (B) of rule 5101:1-3-12 of the Administrative
Code. This includes situations when the minor child resides with both parents,
and both parents are recipients of SSI; and when the parent of the minor child
is a child for whom federal, state or local foster care maintenance or adoption
assistance payments are made.
(F)What are countable federal work
activities?
Activities in paragraph (F)(1) of this
rule are core activities and will meet all the hours of participation for the
federal work participation rate. Non-core activities in paragraph (F)(2) of
this rule will meet the hours of participation for the federal work
participation rate only after the required hours of participation have been
completed in a core activity.
(1)The following are the core work
activites:
(a)Unsubsidized employment;
(b)Subsidized private sector employment;
(c)Subsidized public sector employment;
(d)Work experience program (WEP);
(e)On-the-job training (OJT);
(f)Job search and job readiness
assistance;
(g)Community service;
(h)Vocational educational training; and
(i)Providing child care services to an
individual who is participating in a community service program.
(2)The following are the non-core work
activities:
(a)Job skills training directly related to employment;
(b)Education directly related to
employment, in the case of a recipient who has not received a high school
diploma or a certificate of high school equivalency; and
(c)Satisfactory attendance at secondary
school or in a course of study leading to a certificate of general equlvalence,
in the case of a recipient who has not completed secondary school or received
such a certificate.
(F)(G) What are the federal work participation
requirements and work activities?
For purposes of meeting the federal work
participation rates:
(1)Activities in paragraph (F)(3) of this
rule are core activities and will meet all the hours of participation for the
federal work participation rate. Non-core activities in paragraph (F)(4) of
this rule will meet the hours of participation for the federal work
participation rate only after the required hours of participation have been
completed in a core activity.
For purposes of meeting the federal work
participation rates:
(a)(1) The work-eligible individuals in two parent assistance
groups containing at least two work-eligible individuals and not receiving
federally funded child care shall participate at least an average total of
thirty-five hours per week (one hundred fifty-two hours monthly), thirty hours
of which shall be in a core activity.
(b)(2) The work-eligible individuals in two-parent
assistance groups containing at least two work-eligible individuals and an
adult in the family is not disabled or is not caring for a child with a
disability and receiving federally funded child care shall participate at least
an average total of fifty-five hours per week (two hundred thirty-eight hours
monthly), fifty hours of which shall be in a core activity.
(c)(3) The work-eligible individuals in all family
assistance groups shall participate at least an average total of thirty hours
per week (one hundred thirty hours monthly), twenty hours of which shall be in
a core activity.
(d)(4) A work-eligible individual who is the single
custodial parent or specified relative of a child under six years of age meets
the federal work participation rate by participating at least an average total
of twenty hours per week in core activities (eighty-seven hours monthly).
(2)(5) In order to meet the federal work
participation rate at least one of the parents in a two-parent assistance group
shall participate sufficient hours to meet the all-family rate as described in
paragraph (F)(1)(c)(G)(3)
of this rule.
(6)Single custodial parent disregarded.
For any fiscal year, a county agency may,
at its option, not require a work-eligible individual who is a single custodial
parent caring for a child under the age of twelve months to engage in work
activities, and may disregard such an individual in determining the
participation rates as described in paragraph (B) of this rule. For purposes of
the federal work participation rate, this disregard can only be applied to the
work eligible individual for not more than a total of twelve months, even if
the single custodial parent continues to care for a child under the age of
twelve months.
(3)The following are the core work
activities:
(a)Unsubsidized employment;
(b)Subsidized private sector employment;
(c)Subsidized public sector employment;
(d)Work experience program (WEP);
(e)On-the-job training (OJT);
(f)Job search and job readiness
assistance;
(g)Community service;
(h)Vocational educational training; and
(i)Providing child care services to an
individual who is participating in a community service program.
(4)The following are the non-core work
activities:
(a)Job skills training directly related to
employment;
(b)Education directly related to
employment, in the case of a recipient who has not received a high school
diploma or a certificate of high school equivalency; and
(c)Satisfactory attendance at secondary
school or in a course of study leading to a certificate of general equivalence,
in the case of a recipient who has not completed secondary school or received
such a certificate.
(5)(H) Deeming of hours of
participationWhen are federal work participation
hours deemed to have been met?
(a)(1) A recipient who is married or a head of
household and has not attained twenty years of age is deemed to be
participating the required number of hours for a month in a fiscal year when
the recipient:
(i)(a) Maintains satisfactory attendance at
secondary school or the equivalent during the month; or
(ii)(b) Participates in education directly related to
employment for an average of at least twenty hours per week during the month.
(b)(2) For a married recipient, such participation
counts as the greater of twenty hours or the actual hours of participation.
(c)(3) When both parents in the family are under
twenty years old, the federal work requirements specified in paragraph (F)(1)(b)(G)(2) of this
rule are met when both meet the conditions of paragraph (F)(5)(a)(i)(G)(7)(a)(i) or (F)(5)(a)(ii)(G)(7)(a)(ii) of this rule.
(6)Single custodial parent disregarded
For any fiscal year, a county agency may,
at its option, not require a work-eligible individual who is a single custodial
parent caring for a child under the age of twelve months to engage in work
activities, and may disregard such an individual in determining the
participation rates as described in paragraph (B) of this rule.
Effective: 1/10/2021
Five Year Review (FYR) Dates: 10/9/2020 and 01/10/2026
Certification: CERTIFIED ELECTRONICALLY
Date: 12/31/2020
Promulgated Under: 119.03
Statutory Authority: 5107.05, 5107.60
Rule Amplifies: 5107.05, 5107.43, 5107.60
Prior Effective Dates: 10/01/1997 (Emer.), 12/30/1997,
10/01/1999, 01/01/2001, 08/29/2003 (Emer.), 11/01/2003, 10/01/2005, 09/29/2006
(Emer.), 12/29/2006, 07/01/2007, 10/01/2008, 06/01/2010, 11/01/2015, 09/01/2018