Appendix A - Qualifying Activities for the Publicly Funded Child Care Program
Appendix B - Verification of Citizenship for Children in the Publicly Funded
Child Care Program
(A)How does a
caretaker apply for publicly funded child care (PFCC) benefits?
(1)The caretaker
shall complete a PFCC application and submit the application to the county
agency that serves the caretaker's county of residence.
(a)A valid PFCC
application includes any of the following forms with the applicant's name,
address and signature on the form:
(i)The JFS 01138
"Application for Child Care Benefits" (rev.
12/2018) or its electronic equivalent.
(ii)The JFS 01121
"Early Childhood Education Eligibility Screening Tool" (rev. 12/2018) or the JFS 01122 "Publicly Funded
Child Care Supplemental Application" (rev. 12/2018).
(iii)If the PFCC
application does not include, at a minimum, the applicant's name, address, and
signature, the application is not considered valid.
(b)The application
received date shall be the date the county agency receives a valid PFCC
application as described in paragraph (A)(1)(a) of this rule.
(2)The application
shall be considered complete when the caretaker has submitted all of the following:
(a)The JFS 01138
or the JFS 01121 and the JFS 01122 with the required information for all family
members. A family is any of the following:
(i)One or more
caretaker(s) and all minor children who reside with the caretaker(s) in the
same household.
(ii)A caretaker,
a minor parent and the child of the minor parent when all reside in the same
household, unless the minor parent is participating in the learning, earning
and parenting (LEAP) program. If the minor parent is participating in LEAP, the
caretaker is not included in the household.
(iii)A caretaker
with shared custody of minor children and all children who reside with the
caretaker in the same household. Minor children with more than one residence
due to shared custody agreements are counted in the caretaker's household
during the time periods they reside with the caretaker.
(iv)A caretaker
who is a foster parent and/or stepparent and all of the minor children who
reside with the caretaker in the same household.
(v)Married
caretakers and all minor children who reside with the caretakers in the same
household.
(vi)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 considered
caretakers for all the children in the family.
(b)Complete
information about the work, school, training or other activity for every
caretaker in the household who is participating in an activity that
necessitates child care.
(i)If the county
agency determines that the caretaker is participating in a qualifying activity,
verification of that activity is required for the application to be complete.
(ii)If the county
agency determines that the caretaker is not participating in a qualifying
activity, verification of a qualifying activity is not required for the
application to be complete.
(iii)If a
caretaker in the family is not participating in a qualifying activity but is
unable to provide appropriate care for the child, written verification from a
licensed physician, licensed psychologist, licensed psychiatrist or public
children services agency (PCSA) that the caretaker cannot provide appropriate
care for the child is required for the application to be complete.
(c)Verification of
income for all household members pursuant to rule 5101:2-16-03 of the
Administrative Code. When there is no income, a statement of how the family is
meeting basic living expenses is required pursuant to rule 5101:2-16-03 of the
Administrative Code.
(d)Verification of
citizenship or qualified alien status for children in need of care as listed in
appendix B to this rule.
(e)The name and
address of an eligible provider chosen for each child in need of care.
(3)The caretaker
shall complete the application process within thirty calendar days from the
date the county agency receives a valid PFCC application as described in
paragraph (A)(1) of this rule.
(a)The application
shall be denied due to insufficient information if the county agency does not
receive all required documentation within the thirty day time frame.
(b)The caretaker
may submit a new application with supporting documentation pursuant to
paragraphs (A)(2) and (A)(3) of this rule if he or she still wishes to apply
for benefits.
(B)What are the
eligibility requirements to qualify for publicly funded child care benefits?
(1)The family
shall meet the income requirements:
(a)Initially, a
caretaker may be eligible for publicly funded child care benefits if the
family's gross monthly income is at or below one hundred thirty per cent of the
federal poverty level (FPL).
(b)Ongoing
eligibility may be maintained if the family's gross monthly income is at or
below three hundred per cent of the FPL.
(c)These amounts
will be published annually in a child care manual procedure letter.
(2)All caretakers
in the home shall be participating in one or more of the qualifying activities
as listed in appendix A to this rule, unless verification is received that the
caretaker cannot provide appropriate care for the child, pursuant to paragraph
(A)(2)(b) of this rule.
(3)The child in
need of 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 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 as listed in appendix B to this rule.
(4)The family
shall not have more than one million dollars in cash, checking or savings
accounts.
(C)What if a child
in need of care has special needs?
(1)If a caretaker
indicates on an application that a child has special needs, the county shall
request verification of the child's special need. If the special need is verified,
the provider may receive payment enhancements pursuant to rule 5101:2-16-10 of
the Administrative Code for child care services provided for the child.
(2)If the provider
must make special accommodations to care for the child, the caretaker and the
provider may apply for a special needs waiver so that the provider may receive
additional payment enhancements per rule 5101:2-16-09 of the Administrative
Code.
(D)What if a
caretaker's qualifying activity ends before the end of a family's eligibility period?
(1)A family will
remain eligible for child care if the county agency has documentation that a
caretaker's qualifying activity will begin within the next thirty days.
(2)A family may
continue to be eligible for child care if a caretaker's qualifying activity
ends and a new activity is not scheduled to begin pursuant to paragraph (D)(1)
of this rule, if the following requirements are met:
(a)If the county
agency is notified about the loss of a qualifying activity, eligibility may
continue for up toat least
thirteen weeks from the date the qualifying activity ends, not to extend beyond
the current eligibility period.
(b)If a new
qualifying activity is verified before the end of the thirteen week time
period, the family may continue to be eligible for child care, not to extend
beyond the current eligibility period.
(3)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. To remain eligible for
continuation of child care benefits until the end of the current head start
program year, the caretaker shall meet the following eligibility requirements:
(a)The caretaker
shall meet the income eligibility requirements outlined in paragraph (B)(1) of
this rule.
(b)The caretaker
shall pay the assigned copayment.
(c)The caretaker
shall complete the redetermination process pursuant to paragraph (K)(L) of this rule if
the head start program year extends beyond the current eligibility period.
(d)The caretaker
shall not have been found guilty by a court of law for child care fraud.
(E)What if a caretaker is on temporary
leave from employment?
(1)The caretaker will be considered to have
a qualifying activity required pursuant to paragraph (B)(2) of this rule if the
caretaker has verification from the employer confirming that the caretaker will
return after the leave ends.
(2)If the caretaker does not have
verification from the employer confirming the caretaker will return after the
leave, the caretaker will be eligible for continued eligibility pursuant to
paragraph (D) of this rule.
(3)Temporary leave from employment can
include but is not limited to the following:
(a)Maternity leave.
(b)Leave taken according to the Family
Medical Leave Act of 1993 (FMLA).
(c)Short term disability.
(d)Other leave as approved by the caretaker
and employer.
(E)(F) What is transitional child care?
(1)A caretaker
shall be eligible for transitional child care benefits for the twelve-month
period immediately following the end of participation in Ohio works first (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 FPL. These
amounts shall be published annually in a child care manual procedure letter.
(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.
(F)(G) What if a family needs protective care?
(1)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 5101:2-16-05 of the Administrative
Code.
(2)A case plan, as
required in section 2151.412 of the Revised Code shall 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.
(G)(H) What if a family is homeless?
(1)The term
"homeless children" means individuals who lack a fixed, regular and
adequate nighttime residence as defined in rule 5101:2-16-01 of the
Administrative Code.
(2)If the homeless
caretaker does not meet the eligibility requirements outlined in paragraph (B)
of this rule, the family shall be determined eligible for homeless child care
without regard to income or activity and the copayment shall be waived. The
child in need of care shall still meet the requirements outlined in paragraph
(B)(3) of this rule.
(3)If the homeless
caretaker does not have a qualifying activity, each child in need of care shall
receive a full-time authorization.
(4)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.
(5)At the end of
the homeless child care eligibility period, the county agency shall re-evaluate
eligibility according to the requirements outlined in paragraph (B) of this
rule. The maximum monthly income for ongoing eligibility, as defined in
paragraph (B)(1)(b) of this rule, shall be used.
(H)(I) What if a second caretaker is temporarily
absent from the household, pursuant to 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 5101:2-16-03 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.
(I)(J) 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.
(J)(K) Can child care benefits 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 if the
caretaker's employment, training or education activity was interrupted and the
individual did not meet or no longer met the requirements in paragraph (D) of
this rule.
(a)The caretaker
shall complete either a JFS 01126 "Request for Reinstatement of Child Care
Benefits" (rev. 10/2019) 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 (B)(1)(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 ended, and
shall be eligible until the end of the original eligibility period.
(3)The caretaker
is not eligible for reinstatement if the termination of eligibility was as a
result of a redetermination of eligibility.
(K)(L) How does a caretaker re-apply for benefits at
the end of their eligibility period?
Annually, a caretaker receiving publicly funded child care
benefits shall submit the JFS 01124 "Re-determination Application for
Child Care Benefits" (rev. 12/2018),
household income verification and supporting documentation to their county
agency if they wish to continue receiving benefits.
(L)(M) How will a caretaker know when it is time to
submit a re-determination application?
Forty-five days prior to the end of the current eligibility
period, a JFS 01124 shall be mailed to the caretaker.
(M)(N) What shall the caretaker submit to complete the
re-determination process?
(1)Prior to the
end of the current eligibility period, the caretaker shall:
(a)Verify
information on the printed JFS 01124 and make changes as necessary.
(b)Attach proof of
current household income and any other changes to the JFS 01124.
(c)Sign and return
the JFS 01124 and necessary documentation to the county agency.
(2)If the
caretaker does not submit a JFS 01124 and all required supporting documentation
fifteen calendar days prior to the end of the current eligibility period, the
caretaker will receive a termination notice.
(3)If the
re-determination is completed after the issuance of a termination notice and
prior to the end of the current eligibility period, ongoing eligibility will be
determined.
(N)(O) What if a caretaker fails to cooperate in the
re-determination process?
If the caretaker does not comply with paragraph (M)(N) of this rule,
eligibility shall be terminated effective the last day of the current
eligibility period.
(O)(P) How will a caretaker be notified when ongoing
eligibility has been re-determined?
Upon the receipt of a completed JFS 01124 and all supporting
verifications, the county agency shall re-determine eligibility for publicly
funded child care.
(1)If the county
agency determines the caretaker is eligible for benefits for a new eligibility
period, the county agency shall provide notice of approval for child care
benefits using the JFS 04074 "Notice of Approval of Your Application for
Assistance" (rev. 6/2019) or its computer-generated
equivalent.
(2)If the county
agency determines the caretaker is ineligible for benefits for a new
eligibility period, the county agency shall provide notice of denial of an
application for benefits using the JFS 07334 "Notice of Denial of Your
Application for Assistance" (rev. 6/2019) or
its computer-generated equivalent.
Effective: 1/24/2021
Five Year Review (FYR) Dates: 10/20/2024
Certification: CERTIFIED ELECTRONICALLY
Date: 01/14/2021
Promulgated Under: 119.03
Statutory Authority: 5104.38, 5104.34
Rule Amplifies: 5104.01, 5104.42, 5104.38, 5104.382, 5104.34, 5104.30,
5104.32
Prior Effective Dates: 07/29/1991, 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, 01/02/1996 (Emer.), 03/01/1996, 07/01/1997
(Emer.), 10/01/1997 (Emer.), 12/30/1997, 01/01/1999, 02/14/2002, 05/12/2002,
04/01/2003, 06/09/2003, 07/01/2005 (Emer.), 09/16/2005, 10/01/2005, 07/01/2006,
02/01/2007, 07/01/2007, 02/01/2008, 07/01/2008, 07/01/2009, 07/23/2009 (Emer.),
10/21/2009, 03/28/2010, 05/01/2011, 07/01/2011 (Emer.), 08/28/2011, 09/29/2011,
06/23/2013, 03/02/2014, 05/04/2014, 09/04/2014, 09/14/2014, 01/09/2015,
02/22/2015, 09/28/2015, 06/26/2016, 10/01/2017, 12/16/2018, 10/20/2019