5101:2-16-35 County agency responsibilities for determining eligibility for publicly funded child care benefits.

 

 

 

5101:2-16-35               Determination of eligibility by the county department of job and family services for publicly funded child care benefits.

 

 

 

(A)    The caretaker shall apply for child care benefits by completing the JFS 01138 "Application for Child Care Benefits" (rev. 7/20051/2007) and shall submit the application to the county department of job and family services (CDJFS) in the county in which the caretaker resides. The CDJFS shall document the date that the application is received.

 

(B)    At the time of initial determination and redetermination of eligibility, the CDJFS shall provide the caretaker with the following information:

 

(1)   State hearing rights and procedures pursuant to applicable rules in division level designation 5101:6 of the Administrative Code.

 

(2)     Notice that the use of child care services is a condition of eligibility for continued enrollment and the specific time limitation on the use of child care services must be in accordance with paragraph (J) of the requirements of this rule.

 

(3)   Notice that the caretaker shall complete and provide a copy of the child's health record to the child care provider by the first day of the child's attendance.

 

(4)   A copy of the rights and responsibilities section of the JFS 01138 that is signed and dated by the caretaker.

 

(C)    Eligibility for child care benefits may begin on the date the CDJFS receives an application. The caretaker shall sign the application and submit supporting documentation within thirty calendar days from the date the CDJFS receives the application. Failure of the caretaker to complete the eligibility determination process within the thirty day period shall result in the denial of the application. When providing notice of approval for child care benefits the CDJFS shall use the JFS 04074 "Notice of Approval of Your Application for Assistance" (rev. 5/2001). When providing notice of denial for child care benefits the CDJFS shall use the JFS 07334 "Notice of Denial of Your Application for Assistance" (rev. 4/2003).

 

(D)  The CDJFS shall determine eligibility no later than thirty calendar days from the date the CDJFS receives the application. The complete application shall be retained in the agency file with the JFS 01139 "Child Care Application Status and Summary" (1/2007). The family's eligibility period shall be valid for twelve months, unless the family's eligibility is denied or terminated due to the requirements of this rule.

 

(E)   The CDJFS shall pay for child care services provided between the date the CDJFS

 

 

 

receives an application and the date the family is determined to be eligible. If the family is determined to be ineligible, the family shall be responsible for the cost of services rendered by the provider.

(F)   The caretaker may apply for medicaid benefits at the time of application for child care benefits by completing the JFS 01137 "Child Care/Healthy Start and Healthy Families Supplement" (rev. 4/2003 10/2006). The CDJFS may make this form available with the JFS 01138.

(1)   Upon receipt of the JFS 01137, the CDJFS shall copy the entire JFS 01138 and supporting documentation and forward it and the JFS 01137 to the appropriate unit within the CDJFS for processing medicaid applications.

(2)     The medicaid eligibility unit shall consider the JFS 01138 and JFS 01137 together as a complete application for the purpose of determining medicaid eligibility.

(G)    Eligibility for child care shall be redetermined every twelve months. The CDJFS shall notify the caretaker in writing, no later than thirty calendar days prior to the last day of the current eligibility period, of the requirement that the caretaker's eligibility must be redetermined. The caretaker shall submit a current, signed and completed application and supporting documentation by the last day of the current eligibility period. Failure of the caretaker to complete the redetermination process by the last day of the current eligibility period shall cause the CDJFS to propose termination of child care benefits. When the CDJFS proposes to reduce or terminate child care benefits at the time of redetermination, the caretaker shall be provided prior written notice of the action. The CDJFS shall use the JFS 04065 "Prior Notice of Right to a State Hearing" (rev. 5/2001), and the notice shall be mailed or personally delivered sent no less than fifteen calendar days prior to the date of the proposed action.

(H)   The CDJFS is not required to conduct a face-to-face interview with the caretaker if the required information for determining the family's eligibility for child care benefits is already on file with the CDJFS and/or the required information can be obtained through another method.

(I)     When determining eligibility, the CDJFS shall follow procedures established by ODJFS making assure that alternative means for application are available to families through telephone, fax, computer, and other means at locations other than the CDJFS that are convenient and accessible for families. These procedures shall include, but are not limited to, the following:

(1)    The CDJFS may contract with child care providers or resource and referral

organizations to make all or any part of the eligibility determinations.

(2)    The CDJFS may contract with child care providers or resource and referral organizations to collect information for use by the CDJFS in determining eligibility for child care benefits.

(3)   The CDJFS shall make application forms available at appropriate locations and shall make arrangements that enable allow applicants to complete the application process at times outside their normal working hours and at locations convenient and accessible to the applicant. Arrangements may include:

(a)   Stationing CDJFS staff at various sites in the county to assist applicants in completing the application process and to make eligibility determinations at those locations.

(b)     Assigning CDJFS staff to hours of employment outside the normal working hours of the CDJFS to collect information relevant to application for child care and to make eligibility determinations.

(c)    Providing training and technical assistance to appropriate individuals to qualify them in providing assistance in completing the application process and making eligibility determinations.

(4)   The CDJFS may complete or receive the child care application with information provided over the telephone, fax, the ODJFS child care web site at http://www.state.oh.us/odjfs/cdc, or via computer. Failure of the caretaker to provide an original signature on the application and submit supporting documentation shall result in the denial or termination of child care benefits. The CDJFS may use electronic records and electronic signatures as specified in Chapter 1306. of the Revised Code.

(J)    The CDJFS shall deny or terminate a caretaker's eligibility for child care benefits, unless exempted in paragraph (L) of this rule and after providing hearing notice rights as required by applicable rules in division-level designation 5101:6 of the Administrative Code, when any of the following occurs:

(1)   The caretaker does not meet current eligibility.

(2)   The caretaker does not cooperate in determining eligibility, in accordance with rule 5101:2-16-71 of the Administrative Code.

(3) The caretaker owes an overpayment to the CDJFS or to ODJFS as a result of child care fraud, in accordance with rule 5101:2-16-73 of the Administrative Code.

(4)(3) The caretaker does not enter into or comply with an agreement with the CDJFS or ODJFS to repay a child care overpayment caused by recipient error or agency error, in accordance with rule 5101:2-16-73 of the Administrative Code.

(5)(4) The caretaker does not use child care services for a period of thirty-one consecutive days, unless exempted pursuant to paragraph (L) of this rule.

(6)(5) The caretaker does not pay the required monthly child care copayment in accordance with rule 5101:2-16-39 of the Administrative Code, unless the family makes arrangements to pay delinquent copayments.

(7)(6) The caretaker's monthly family child care copayment exceeds the cost of care for more than thirty-one consecutive days.

(8)(7) The caretaker relocates moves to another county.

(K)  A caretaker shall be ineligible for child care benefits if any of the following apply:

(1)     The caretaker owes delinquent copayments to a child care provider, unless satisfactory arrangements are made to pay such delinquent copayments.

(2)    The caretaker owes a child care overpayment to the CDJFS or ODJFS as a result of recipient fraud or the caretaker fails to make or comply with satisfactory arrangements to repay a child care overpayment.

(L)   The CDJFS shall not terminate child care benefits if any of the following criteria are met:

(1)    A caretaker has not utilized child care benefits , not to exceed one quarter or semester, because the caretaker has not participated in an education or training activity which prepares the caretaker for paid employment due to a scheduled break in the education or training activity.

(2)    A caretaker has not utilized child care benefits due to an inability to arrange placement with an eligible provider of the caretaker's choice.

(3) A caretaker has not utilized child care benefits due to a gap in the caretaker's participation in employment or training due to documented medical reasons.

(4)(3) A caretaker has not utilized child care benefits due to a child's visitation with a non-residential caretaker.

(5) A caretaker has not utilized child care benefits due to a gap in employment resulting from a layoff.

(6)(4) A caretaker with has a child who is enrolled in a federally funded head start/child care partnership program as defined in rule 5101:2-16-30 of the Administrative Code. Only the child in the head start/child care partnership program remains eligible for child care benefits until the end of the current head start program year.

(M)      The CDJFS shall assist migrant families in obtaining appropriate eligibility documentation in order to expedite the migrant family's determination of eligibility for child care benefits.

(N)   A caretaker's relocation When a caretaker moves to another county shall result in the following shall occur:

(1)     When a caretaker relocates to another Ohio county, the The CDJFS in the county of previous residence shall terminate the family's child care eligibility, after providing hearing notice pursuant to applicable rules in division level designation 5101:6 of the Administrative Code. Upon the request of the CDJFS in the new county of residence, the CDJFS in the county of previous residence shall forward requested information from the case record.

(2)   The caretaker shall submit an application, within thirty calendar days from the date of the relocation, to the CDJFS in the new county of residence for redetermination of continued eligibility. If the caretaker fails to apply in the new county within thirty-one calendar days from the termination date on the hearing notice, the caretaker shall be required to meet the requirements of initial eligibility. The caretaker is not eligible for child care benefits from the termination date until the caretaker applies and is determined eligible in the new county.

(3) If the caretaker fails to apply in the new county of residence within thirty-one consecutive days from the effective termination date of the hearing notice, the caretaker shall be required to meet the requirements of initial eligibility, unless exempted in paragraph (L) of this rule. The caretaker is not eligible for child care benefits from the date of termination provided in the hearing notice

until the date of application in the new county of residence.

(O)    Notice and hearing requirements contained in division-level designation 5101:6 of the Administrative Code shall apply to determinations of eligibility for child care benefits. The CDJFS shall issue a notice of a change in child care benefits to the family within ten calendar days from the date the change of circumstance was reported by the caretaker.

(P)   A caretaker shall not be paid by the CDJFS for the provision of child care services for a child who resides in the household, and who they are responsible for as the caretaker.

(Q)   The CDJFS shall not authorize child care services when a caretaker is available in the home and can provide appropriate care for the child, except when the caretaker provides written verification to the CDJFS from a licensed physician, licensed psychologist, licensed psychiatrist or public children services agency (PCSA) that the caretaker cannot provide appropriate care of the child. This exception shall only apply to a family with more than one caretaker.

(R)   A caretaker receiving child care benefits shall be required to report to the CDJFS any changes which would affect the caretaker's eligibility for child care benefits, including family income, employment, participation in a program of education or training, household composition, or relocation to another county. Such changes shall be reported by the caretaker within ten calendar days of the date the change occurs. Failure of the caretaker to comply with the ten day reporting requirement may result in action by the CDJFS to pursue a determination of overpayment child care fraud, pursuant to rule 5101:2-16-71 of the Administrative Code, and the

recovery   of   child   care   any   overpayment 5101:2-16-73 of the Administrative Code.

overpayments,   pursuant   to   rule

Effective:                                                     02/01/2007

R.C. 119.032 review dates:                         10/06/2006 and 02/01/2012

CERTIFIED ELECTRONICALLY

Certification

12/14/2006

Date

Promulgated Under:                           119.03

Statutory Authority:                           5104.34, 5104.38, 206.67.12 (Temp)

Rule Amplifies:                                  5104.30, 5104.32, 5104.34, 5104.38, 206.67.12

(Temp)

Prior Effective Dates:                         7/29/91, 11/1/91 (Emer.), 1/20/92, 1/1/94, 1/2/96

(Emer.), 3/1/96, 10/1/97 (Emer.), 12/30/97, 1/1/99, 2/14/02, 4/1/03, 7/1/05 (Emer.), 9/26/05