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 shallis to 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" or its electronic equivalent, if the caretaker's county of residence is utilizing the
child care information data system (CCIDS) for child care determinations.
(ii)The JFS 07200 "Application for
Cash, Food, Medical or Child Care Assistance" or its electronic or
telephonic equivalent, if the caretaker's county of residence is utilizing Ohio
benefits (OB) for child care determinations.
(ii)(iii)The JFS 01121 "Early Childhood Education
Eligibility Screening Tool" or the JFS 01122 "Publicly Funded Child
Care Supplemental Application".
(iii)(iv)If the PFCC application does not include, at a
minimum, the applicant's name, address, and signature, the application is not
considered valid.
(a)If the caretaker's
county of residence is utilizing CCIDS for child care determinations,
signatures include the following:
(i)Handwritten
signatures (including handwritten signatures that are transmitted by facsimile
or other electronic submission). When the signatory cannot sign with a name, an
'X' is a valid signature. The county agency may require a witness to attest to
an 'X' signature. An employee of the county agency may serve as a witness.
(ii)Electronic signatures
through the online application.
(b)If the caretaker's
county of residence is utilizing OB for child care determinations, signatures
include the following:
(i)Handwritten
signatures (including handwritten signatures that are transmitted by facsimile
or other electronic submission). When the signatory cannot sign with a name, an
'X' is a valid signature. The county agency may require a witness to attest to
an 'X' signature. An employee of the county agency may serve as a witness.
(ii)Electronic signatures
through the online application; and
(iii)Telephonic
signatures obtained in accordance with procedures approved by the Ohio
department of job and family services (ODJFS).
(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. When the valid application is received after business hours,
the application received date is to be the next business day. If the caretaker
is found eligible, the beginning date of benefits is the application received
date.
(2)The application
shall be considered complete when the caretaker has submitted all of the
following:
(a)The JFS 01138 if the caretaker's county of residence is utilizing CCIDS for
child care determinations, the JFS 07200 if the caretaker's county of residence
is utilizing OB for child care determinations, 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 caretakerIf there is more
than one caretaker in the family, and a second
caretaker 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 shallis to 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)When the thirtieth day falls on a
weekend or a legal holiday, the completed application, including all
verifications, is due on the next business day.
(a)(b)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)(c)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 shallis to 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 thirtyforty-two per cent
of the federal poverty level (FPL).
(b)If a child in need of care has a
verified special need pursuant to paragraph (C)(1) of this rule, a caretaker
may be eligible for publicly funded child care benefits if the family's gross
monthly income is at or below one hundred fifty per cent of the FPL.
(b)(c)Ongoing eligibility may be maintained if the
family's gross monthly income is at or below three hundred per cent of the FPL.
(c)(d)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,. If there is more than one caretaker in the family, child
care may be approved for the number of hours in which no caretaker is available
to provide care for the child(ren) because all caretakers are participating in
qualifying activities, 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 in need of care
has special needs pursuant to rule 5101:2-16-01
of the Administrative Code, 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 waiverpayment enhancement 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 at least thirteen weeksthree months , but not more than four months from the
date the qualifying activity ends, not to extend beyond the current eligibility
period.
(b)If a new
qualifying activity is verified to begin before
the end of the thirteen weekthree month 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/recertification
process pursuant to paragraph (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.
(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/recertification 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.
(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.
(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)(c)
of this rule, shall be used.
(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 second caretaker may be considered
temporarily absent if they are out of the home for the following reasons:
(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.
(J)Can child care
be approved if a second caretaker is absent fromout of the home for more than forty-five days?
If a second caretaker is absent fromout of the home for more than forty-five days, the
caretaker shall not be included in the household for determining eligibility
for child care.
(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 daysat the end of the next month
of the request for reinstatement, the caretaker shall complete the application
for publicly funded child care defined in paragraph (A)(1) of this rule, or the redetermination/recertification application defined
in paragraph (L) of this rule.
(b)The maximum
monthly income limit for ongoing eligibility, as defined in paragraph (B)(1)(b)(c) 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/recertification of
eligibility.
(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 shallis to
submit the JFS 01124 "Re-determination Application
for Child Care Benefits", household income verification and supporting
documentationfollowing to their county
agency if they wish to continue receiving benefits.:
(1)The JFS 01124 "Re-determination
Application for Child Care Benefits" if the caretaker's county of
residence is utilizing CCIDS for child care determinations; or
(2)The JFS 07204 "Request to Reapply
for Cash Assistance, SNAP, and/or Child Care" if the caretaker's county of
residence is utilizing OB for child care determinations; or
(3)The application for publicly funded
child care as defined in paragraph (A)(1) of this rule; and
(4)Household income verification and any
other required supporting documentation.
(M)How will a
caretaker know when it is time to submit a re-determination/recertification application?
Forty-five days prior to the end of the
current eligibility period, a JFS 01124 shall be mailed to the caretaker.On or after the first day of the next-to-last month of
eligibility, but before the first day of the last month of eligibility, the
caretaker will be sent either of the following:
(1)The JFS 01124 if the caretaker's county
of residence is utilizing CCIDS for child care determinations; or
(2)The JFS 07204 if the caretaker's county
of residence is utilizing OB for child care determinations.
(N)What shall the
caretaker submit to complete the re-determination/recertification
process?
(1) Prior to the end of the current eligibility period,
the caretaker whose county of residence is utilizing
CCIDS for child care determinations shall
complete the following:
(a)Verify
information on the printed JFS 01124 and make changes as necessary.
(b)Attach Submit 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)Prior to the end of the current
eligibility period, the caretaker whose county of residence is utilizing OB for
child care determinations is to complete the following:
(a)Verify information on the printed or
electronic JFS 07204 and make changes as necessary.
(b)Submit proof of current household income
and any other changes to the JFS 07204.
(c)Sign and return the JFS 07204 and
necessary documentation to the county agency. Signatures may be handwritten,
electronic, or telephonic, pursuant to paragraph (A)(1)(a)(iv)(b) of this rule.
(2)(3)If the caretaker does not submit a JFS 01124, a JFS 07204, or the application for publicly funded child
care as defined in paragraph (A)(1) of this rule, 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)(4)If the re-determination/recertification
is completed after the issuance of a termination notice and prior to the end of
the current eligibility period, ongoing eligibility will be determined.
(O)What if a
caretaker fails to cooperate in the re-determination/recertification
process?
If the caretaker does not comply with paragraph (N) of this
rule, eligibility shall be terminated effective the last day of the current
eligibility period.
(P)How will a
caretaker be notified when ongoing eligibility
has been re-determined/recertified?
Upon the receipt of a completed JFS 01124,
JFS 07204, or application for publicly funded child care as defined in
paragraph (A)(1) of this rule, and all supporting verifications, the
county agency shall re-determinedetermine if eligibility for publicly funded child care may be recertified for a new eligibility period.
(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" 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" or its computer-generated equivalent.
(Q)How is a PFCC application processed when
a caretaker is also applying for food, cash and/or medical assistance?
(1)All PFCC joint applications for
caretakers whose county of residence is utilizing OB for child care
determinations, or separate applications for all caretakers, are to be
processed in accordance with Chapter 5104. of the Revised Code and Chapter
5101:2-16 of the Administrative Code.
(2)No caretaker is to have PFCC benefits
denied solely on the basis that an application to participate in another
program has been denied or benefits under another program have been terminated
without a separate determination that the caretaker failed to satisfy a PFCC
eligibility requirement.
(3)The process for a caretaker that
simultaneously requests PFCC and another program in OB includes the following:
(a)If a caretaker is denied benefits for
the other program, the caretaker is not required to resubmit another
application for PFCC; and
(b)PFCC eligibility is to be determined in
accordance with PFCC processing time frames from the date the joint application
was initially accepted by the county agency.
(R)How does a caretaker withdraw a PFCC
application, or request discontinuance of PFCC benefits?
The caretaker may voluntarily withdraw an
application at any time before the county agency makes an eligibility
determination. The caretaker may also voluntarily discontinue receiving PFCC
benefits. The process for voluntarily withdrawing an application or
discontinuing benefits includes the following:
(1)The caretaker, or the caretaker's
authorized representative in OB, on his or her own initiative, contacts the
county agency either verbally or in writing to request that the application not
be processed further, or that the PFCC benefits be discontinued.
(2)The county agency is to document in the
case file that a withdrawal or discontinuance request was made by the
caretaker, how the request was made, and, if the information is given, why the
caretaker wishes to withdraw the PFCC application or discontinue PFCC benefits.
(3)The county agency is to provide notice
of denial of an application for benefits using the JFS 07334 "Notice of
Denial of Your Application for Assistance" or its computer generated
equivalent.
(4)The caretaker may submit a new
application with supporting documentation pursuant to paragraphs A(2) and A(3)
of this rule if they wish to apply for benefits.
(S)What happens when a caretaker moves out
of state during an eligibility period?
If a caretaker moves out of the state of
Ohio, the caretaker no longer qualifies for Ohio PFCC benefits. The process for
a caretaker who no longer resides in Ohio includes the following:
(1)The caretaker is to contact the county
agency to advise of the move and to give an updated address.
(2)The county agency is to propose
termination of the case using the JFS 07334 "Notice of Denial of Your
Application for Assistance" or its computer generated equivalent.
Effective: 3/31/2022
Five Year Review (FYR) Dates: 10/20/2024
Certification: CERTIFIED ELECTRONICALLY
Date: 03/21/2022
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, 01/24/2021