5101:1-3-04. Ohio works first: temporary absence

(A) What is temporary absence?

The absence of a member of the Ohio works first (OWF) assistance group is temporary when all of the conditions described in paragraphs (A)(1) to (A) (3) of this rule are met. A temporarily absent individual is considered to be in the home for purposes of OWF eligibility.

(1) The location of the absent individual is known;

(2) There is a definite plan for the return of the absent individual to the home; and

(3) The absent individual shared the home with the assistance group prior to the onset of the absence. A newborn is considered to be sharing the home with the assistance group at the time of birth.

(B) How long can an OWF recipient be temporarily absent?

An OWF recipient may be considered temporarily absent for up to forty-five consecutive days. An OWF recipient who is, or is expected to be absent from the home without good cause for longer than forty-five consecutive days does not meet the temporary absence requirement for OWF.

(C) What are the good cause reasons for temporary absence?

Good cause is limited to the following reasons for absences of more than forty-five consecutive calendar days:

(1) Hospitalization (includes inpatient drug and alcohol treatment);

(2) Detention in a juvenile home until a court commitment;

(3) Attendance at school;

(4) Vacationing;

(5) Trip made in connection with current or prospective employment;

(6) Shared parenting situations;

(7) Service in the military when it is the sole reason for absence;

(8) Removal of a child(ren) by the public children services agency (PCSA) that meets the reunification requirements in accordance with section 5107.10 of the Revised Code. OWF payments for the child may continue for up to six payment months after the removal date. In order for this exception to apply, the child shall be in receipt of OWF cash assistance on the date of the removal by the PCSA.

(D) When does temporary absence end?

(1) The day it becomes known that the absent individual will not be returning to the home as originally planned, but no later than forty-five days from the date the individual left and no good cause exists; or

(2) The day when good cause, as described in paragraphs (C)(1) to (C)(7) of this rule, no longer exists.

(E) When does the end of the temporary absence of an OWF recipient have to be reported?

The OWF recipient's absence is to be reported within ten calendar days of the date the temporary absence ends in accordance with paragraph (D) of this rule.

(F) What happens when the end of the temporary absence of an OWF recipient is not reported as required?

An assistance group member who fails to notify the county agency of the end of the temporary absence of an OWF recipient from the home within the time frame described in paragraph (E) of this rule is ineligible for inclusion in the OWF assistance group. The remaining assistance group members may continue to receive OWF. This regulation is applicable to paragraphs (C)(1) to (C)(7) of this rule.

(G) When does an erroneous payment begin for failure to report the end of the temporary absence for an OWF recipient?

The assistance group member is ineligible beginning with the same day that the absent OWF recipient becomes ineligible. The erroneous payment provisions set forth in rule 5101:1-23-70 of the Administrative Code are applicable.

Effective: 11/1/2020
Five Year Review (FYR) Dates: 7/30/2020 and 11/01/2025
Promulgated Under: 119.03
Statutory Authority: 5107.05
Rule Amplifies: 5107.02, 5107.05 , 5107.10
Prior Effective Dates: 03/01/1967, 05/01/1982, 06/01/1983, 04/01/1992, 05/01/1995, 10/01/1996 (Emer.), 12/15/1996, 10/01/1997 (Emer.), 12/30/1997, 10/01/1999, 12/01/2002, 10/01/2005, 06/01/2010, 08/01/2015