5101:1-3-11. Ohio works first (OWF): appraisals, assessments, and self sufficiency contract

(A) Which rules and definitions apply for appraisals, assessments and self sufficency contracts?

(1) The county agency shall administer the work activity programs in accordance with the requirements contained in this rule and not in accordance with sections 5107.01, 5107.14, 5107.41, 5107.70 and 5107.16 of the Revised Code.

(2) All applicable requirements contained in the Revised Code sections referenced in paragraph (A)(1) of this rule have been incorporated into this rule.

(3) In accordance with paragraph (GG) of rule 5101:1-1-01 of the Administrative Code:

(a) The terms "appraisal" and "assessment" shall be read to include a comprehensive assessment conducted in accordance with division 5101:14 of the Administrative Code for work eligible individuals between the ages of fourteen and twenty-four years of age; and

(b) The terms "self sufficiency contract" and "self sufficiency contract and plan" shall be read to include an individual opportunity plan developed in accordance with division 5101:14 of the Administrative Code for work eligible individuals between the ages of fourteen and twenty-four years of age.

(B) When should an appraisal be conducted?

(1) An appraisal shall be conducted as soon as possible after an assistance group submits an application to participate in Ohio works first (OWF). The county agency that receives the application shall schedule and conduct an appraisal of each work eligible individual and each member of the assistance group who is an adult or minor head of household as defined in rule 5101:1-3-01 of the Administrative Code. A minor head of household who is subject to the learning, earning, and parenting (LEAP) program shall be assessed pursuant to rule 5101:1-23-50 of the Administrative Code.

(2) The county agency shall conduct more appraisals at times the county agency determines.

(C) What is included in an appraisal?

(1) An appraisal may include evaluation of the employment, educational, physiological, and psychological abilities or liabilities, or both, of the work eligible individual, adult or minor head of household.

(2) An appraisal shall include screening for domestic violence, as set forth in rule 5101:1-3-20 of the Administrative Code.

(3) At the appraisal, the county agency shall develop with the adult, minor head of household or work eligible individual a plan for the assistance group to achieve the goal of self sufficiency and personal responsibility through unsubsidized employment within the time limit for participating in OWF established by section 5107.18 of the Revised Code.

(a) The plan developed for the work eligible individuals shall include assignments to one or more work activities or alternative activities. The county agency shall include the plan in the self sufficiency contract as set forth in paragraph (F) of this rule.

(b) When the adult, minor head of household or work eligible individual claims to have a medically determinable physiological or psychological impairment, illness, or disability, the county agency may require the adult, minor head of household or work eligible individual undergo an independent medical or psychological examination at a time and place reasonably convenient to the work eligible individual.

(4) As part of the appraisal, when a work eligible individual discloses, has, or appears to have a physical or mental condition that substantially limits one or more major life activities, the county agency shall offer additional screening to the individual consistent with the requirements of rule 5101:9-2-02 of the Administrative Code and the Americans with Disabilities Act (ADA) (1990) plan adopted by the county agency in accordance with rule 5101:9-2-02 of the Administrative Code. When additional screening indicates the presence of a disability, the plan for self-sufficiency made in accordance with this paragraph, shall be consistent with the county agency's ADA plan.

(D) When should an assessment be completed?

An assessment may be completed by the county agency, at times it determines, for assistance groups participating in OWF.

(E) What should an assessment include?

(1) An assessment is conducted to determine whether any work eligible individuals or members of the assistance group are in need of other assistance or services provided by the county agency or other private or government entities. Assessments may include the following:

(a) Whether any member of the assistance group or work eligible individual has a substance abuse problem; or

(b) Whether there are any other circumstances that may limit the employability of an assistance group member or work eligible individual.

(2) At the first assessment, the county agency shall inquire as to whether any member of an assistance group is the victim of domestic violence, including child abuse. The county agency shall provide this information to the Ohio department of job and family services (ODJFS) who will maintain the information for statistical analysis purposes.

(3) The county agency may refer an assistance group member to a private or government entity that provides assistance or services the county agency determines the member needs. The entity may be a public children services agency (PCSA), chapter of alcoholics anonymous, narcotics anonymous, cocaine anonymous, or any other entity the county agency considers appropriate.

(F) What is the self sufficiency contract?

(1) The self sufficiency contract sets forth the rights and responsibilities of work eligible individuals and members of the assistance group as applicants and participants of OWF. The contract is designed to help the assistance group in achieving self sufficiency and personal responsibility.

(2) The contract includes work activity assignments and child support requirements including cooperation in the establishment of a minor child's paternity and the establishment, modification and enforcement of a support order for the minor child in accordance with section 5107.22 of the Revised Code.

(3) The self sufficiency contract is part of the OWF eligibility process and must be completed before OWF benefits can be authorized.

(4) The county agency shall provide without charge a copy of the contract to each work eligible individual or assistance group member who signs a contract.

(G) What shall be included in the self sufficiency contract?

(1) Each self sufficiency contract shall include, based on appraisals and assessments conducted pursuant to paragraphs (C) and (E) of this rule, the following:

(a) The assistance group's plan to achieve the goal of self sufficiency and personal responsibility through unsubsidized employment within the time limit for participating in OWF established by section 5107.18 of the Revised Code.

(b) For each work eligible individual, work activities and alternative activities assigned pursuant to rule 5101:1-3-12 of the Administrative Code.

(c) The responsibility of a caretaker member of the assistance group to cooperate in establishing a minor child's paternity and establishing, modifying and enforcing a support order for the child in accordance with section 5107.22 of the Revised Code.

(d) Other responsibilities that members of the assistance group must satisfy to participate in OWF and the consequences for failure or refusal to satisfy the responsibilities.

(e) An agreement that the assistance group will comply with conditions of participating in OWF in accordance with division 5101:1 of the Administrative Code, Chapter 5107. of the Revised Code and sections 5160.37, 5160.38 and 5101.83 of the Revised Code.

(f) Assistance and services the county agency will provide to the assistance group and work eligible individuals.

(g) Assistance and services the child support enforcement agency and PCSA will provide to the assistance group pursuant to a plan of cooperation entered into under section 307.983 of the Revised Code.

(h) Other provisions designed to help the assistance group achieve self sufficiency and personal responsibility.

(i) Procedures for assessing whether responsibilities are being satisfied and whether the contract should be amended.

(j) Procedures for amending the contract.

(k) The good cause reasons for missing hours of participation or appointments as defined in rule 5101:1-3-13 of the Administrative Code.

(l) An explanation of the individual's rights under the ADA, including the right to request another appraisal when the individual discloses, has, or appears to have a physical or mental condition that substantially limits one or more major life activities.

(m) A description of each reasonable modification made for an individual with a disability.

(2) No self sufficiency contract shall include the learning, earning and parenting program (LEAP) requirements.

(3) The county agency may use the JFS 03801 "Ohio Works First Self Sufficiency Contract" or develop its own self sufficiency contract and plan provided all of the elements identified in paragraph (G) of this rule are included.

(H) Who shall sign the self sufficiency contract?

(1) In accordance with paragraph (B)(2)(a) of rule 5101:1-2-01 of the Administrative Code, each work eligible individual, minor head of household and adult member of the assistance group, shall enter into a written self sufficiency contract with the county agency prior to approval of OWF benefits.

(2) Each work eligible individual, minor head of household, and adult member of the assistance group must sign an amendment any time the self sufficiency contract is revised.

(3) A minor head of household who participates in LEAP pursuant to rule 5101:1-23-50 of the Administrative Code is required to complete a self sufficiency contract but is not subject to the work participation requirements unless the minor head of household fails to attend an assessment, fails to enroll in school or withdraws from school.

(I) What are the consequences when a self sufficiency contract is not signed or a provision of the contract is not met?

(1) Work eligible individuals, minor heads of household, and adult members of the assistance group who fail or refuse, without good cause, to sign the self sufficiency contract shall have OWF benefits denied or terminated.

(2) When a work eligible individual, minor head of household, or an adult member of an assistance group fails or refuses, without good cause, to comply in full with a provision of a self sufficiency contract the county agency shall sanction the assistance group pursuant to rule 5101:1-3-15 of the Administrative Code.

(J) What is the comprehensive case management and employment program (CCMEP)?

In accordance with section 5116.10 of the Revised Code and paragraph (B)(2) of rule 5101:1-2-01 of the Administrative Code, each work eligible individual between the ages of fourteen and twenty-four shall participate in CCMEP as a condition of participating in OWF. Therefore, prior to the authorization of OWF benefits, the individual will be referred to a lead agency to undergo a comprehensive assessment and develop and sign an individual opportunity plan (IOP). The comprehensive assessment and IOP conducted and developed by the lead agency replaces the appraisal and self sufficiency contract required pursuant to this rule.

(1) As part of the referral process, the county agency shall provide the lead agency with at least the following information:

(a) The number of required hours expected to be assigned in accordance with rule 5101:1-3-12 of the Administrative Code; and

(b) The number of months a work eligible individual has participated in OWF that were subject to the time-limit described in rule 5101:1-23-01 of the Administrative Code.

(2) A signed IOP meets all of the requirements of a signed self sufficiency contract and plan developed in accordance with this rule.

(a) A failure or refusal to comply with a provision of an individual opportunity plan without good cause shall result in a sanction of the assistance group member pursuant to rule 5101:1-3-15 of the Administrative Code.

(b) The lead agency shall be solely responsible for determining if the individual had good cause for a failure or refusal and requesting the imposition of a sanction in accordance with rule 5101:1-3-15 of the Administrative Code.

(c) When a sanction is imposed at the request of a lead agency, the lead agency shall be solely responsible for determining a compliance activity consistent with the provisions of paragraph (H) of rule 5101:1-3-15 of the Administrative Code.

Effective: 3/2/2020
Five Year Review (FYR) Dates: 11/21/2019 and 03/02/2025
Promulgated Under: 119.03
Statutory Authority: 5116.06, 5107.16, 5107.14, 5107.05
Rule Amplifies: 5107.05 , 5116.12, 5116.11, 5116.10, 5116.06, 5107.14, 5107.12
Prior Effective Dates: 03/01/1983, 06/07/1984 (Emer.), 09/01/1984, 08/01/1985, 03/01/1987, 12/01/1987 (Emer.), 02/15/1988, 01/01/1989, 06/30/1989 (Emer.), 09/23/1989, 04/02/1990, 04/01/1991, 07/01/1991, 05/01/1992, 09/01/1993, 12/01/1995 (Emer.), 02/19/1996, 07/01/1996 (Emer.), 10/01/1997, 12/20/1997, 10/01/1999, 01/01/2001, 10/01/2004, 07/01/2005, 09/29/2006 (Emer.), 12/29/2006, 07/01/2007, 10/01/2007 (Emer.), 12/29/2007, 10/01/2008, 05/07/2012, 10/01/2014, 03/24/2016, 10/01/2017