5101:14-1-05 Comprehensive case management and employment program: individual opportunity plan and activities.

 

 

 

Rule Summary and Fiscal Analysis (Part A)

 

Department of Job and Family Services

Agency Name

 

Comprehensive Case Management and Employment Program

Michael Lynch

Division                                                                  Contact

OFC- 4200 E. 5th Ave., 2nd fl. J6-02 P.O. Box 183204 Columbus OH 43218-3204

614-466-4605        614-752-8298

Agency Mailing Address (Plus Zip)                                       Phone                     Fax

[e-mail]

Email

5101:14-1-05

Rule Number

NEW

TYPE of rule filing

Rule Title/Tag Line              Comprehensive case management and employment program:

individual opportunity plan and activities.

RULE SUMMARY

1.  Is the rule being filed for five year review (FYR)? No

2.  Are you proposing this rule as a result of recent legislation? Yes

Bill Number: HB64                 General Assembly: 131           Sponsor: Ryan Smith

3.  Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 119.03

4.  Statute(s) authorizing agency to adopt the rule: Section 305.190 of Am. Sub. HB 64 of the 131st General Assembly

5.  Statute(s) the rule, as filed, amplifies or implements: Section 305.190 of Am. Sub. HB 64 of the 131st General Assembly

6.  State the reason(s) for proposing (i.e., why are you filing,) this rule:

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To implement provisions of Sec. 305.190 of Amended Substitute House Bill 64, of the 131st General Assembly, that was signed into law requiring the administration of the Comprehensive Case Management and Employment Program (CCMEP).

7.  If the rule is an AMENDMENT, then summarize the changes and the content of the proposed rule; If the rule type is RESCISSION, NEW or NO CHANGE, then summarize the content of the rule:

Based on the results of the Comprehensive Case Management and Employment Program (CCMEP) assessment, this rule guides the lead agency and program participant to work together to develop an individual opportunity plan for

self-sufficiency and employment.

8.  If the rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections

121.71 to 121.74 of the Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons:

This rule incorporates one or more dated references to a federal act or acts. This question is not applicable to any dated incorporation by reference to a federal act because such reference is exempt from compliance with RC 121.71 to 121.74 in accordance with RC 121.75(C).

This rule incorporates one or more dated references to an ODJFS form or forms. Each cited ODJFS form is dated and is generally available to persons affected by this rule via the inner-web at http://innerapp.odjfs.state.oh.us/forms/inner.asp or on the inter-net at http://www.odjfs.state.oh.us/forms/inter.asp in accordance with RC 121.75(E).

This rule incorporates one or more references to the Ohio Revised Code. This question is not applicable to any incorporation by reference to the Ohio Revised Code because such reference is exempt from compliance with RC 121.71 to 121.74 pursuant to RC 121.76(A)(1).

This rule incorporates one or more references to another rule or rules of the Ohio Administrative Code. This question is not applicable to any incorporation by reference to another OAC rule because such reference is exempt from compliance with RC 121.71 to 121.74 pursuant to RC 121.76(A)(3).

9.  If the rule incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material electronically, provide an explanation of why filing the text or other material electronically was

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infeasible:

Not applicable.

10.  If the rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation of why filing the text or other material was infeasible:

Not Applicable.

11.  If revising or refiling this rule, identify changes made from the previously filed version of this rule; if none, please state so. If applicable, indicate each specific paragraph of the rule that has been modified:

Paragraph (F) has been modified to clarify that prior to ending a program participant's enrollment in a service due to a state, federal or local imposed time limit, the lead agency shall explore other alternatives that may allow participation in an activity to continue uninterrupted, including exploring allowable alternative funding sources.

12.  Five Year Review (FYR) Date:

(If the rule is not exempt and you answered NO to question No. 1, provide the scheduled review date. If you answered YES to No. 1, the review date for this rule is the filing date.)

NOTE: If the rule is not exempt at the time of final filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date for Amended rules or a date not to exceed 5 years from the review date for No Change rules.

FISCAL ANALYSIS

13.  Estimate the total amount by which this proposed rule would increase / decrease either revenues / expenditures for the agency during the current biennium (in dollars): Explain the net impact of the proposed changes to the budget of your agency/department.

This will have no impact on revenues or expenditures. 0.00

No impact on current budget.

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14.  Identify the appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule:

Not applicable.

15.  Provide a summary of the estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency:

No new costs.

16.  Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? No

17.  Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in R. C. 121.39? No

S.B. 2 (129th General Assembly) Questions

18.  Has this rule been filed with the Common Sense Initiative Office pursuant to

R.C. 121.82? No

19.  Specific to this rule, answer the following:

A.) Does this rule require a license, permit, or any other prior authorization to engage in or operate a line of business? No

B.) Does this rule impose a criminal penalty, a civil penalty, or another sanction, or create a cause of action, for failure to comply with its terms? No

C.) Does this rule require specific expenditures or the report of information as a condition of compliance? No

Ohio Department of Job and Family Services

NSIVE CASE MANAGEMENT AND EMPLOYMENT PROGRAM (CCMEP) INDIVIDUAL OPPORTUNITY PLAN

CCMEP provides employment, training and supportive services to mandatory and voluntary program participants based on a comprehensive assessment of each individual's employment and training needs using the CCMEP Comprehensive Assessment tool (JFS 03003). Participants will be provided services in accordance with goals outlined in their individual opportunity plans, which may include support to obtain a high school diploma, job placement, job retention support, and other supportive services necessary to achieving the plan's goals.

Name		SSN or Case Number
Case Manager Name		Date
Summary of employment, education and military experience
Employment ·             (Current) <"None" or current employer name and hours per week>
Work Experience ·             <"None" or all job titles and experience/skills in years> ·             <"None" or all job titles and experience/skills in years>
Education ·          (Current) <"None" or name of current school/educational program and expected graduation date>
Degrees and Certifications ·             <"None" or Type, Description and Receive Date> ·             <"None" or Type, Description and Receive Date>
Military ·          <"None" or Free-Form Text>
Participant strengths and barriers
Strengths ·            <Free-Form Text> ·            <Free-Form Text> ·            <Free-Form Text>	Barriers ·            <Free-Form Text> ·            <Free-Form Text> ·            <Free-Form Text>
What are my long-term goals for self-sufficiency?	Link to a CCMEP performance goal (check at least one)
Career Goal (Career Pathway) ·          <Add employment goal> ·          <Add employment goal>   Training and/or Education Goal ·          <Add training/education goal> ·          <Add training/education goal>	Obtain employment (full or part-time) Obtain a recognized post-secondary credential Obtain a secondary school diploma or its recognized equivalent Complete training or certification Increase earnings

JFS 03004 (3/2016)                                                                                                                                                                                                              Page 1 of 6

Goal 1 Short-Term Goal: <Description of Goal>		Goal 2 Short-Term Goal: <Description of Goal>
Type <Employment, Education or Training>		Type <Employment, Education or Training>
In-Demand Jobs Is the employment or training goal in an occupational field identified as in-demand? Yes                     No		In-Demand Jobs Is the employment or training goal in an occupational field identified as in-demand? Yes                   No
Service <Select services>		Service <Select services>
Activity/Action Step(s) <Activity/Action Step>		Activity/Action Step(s) <Activity/Action Step>
Location <Free-Form Text>		Location <Free-Form Text>
Schedule/Frequency <Free-Form Text>		Schedule/Frequency <Free-Form Text>
Schedule/Frequency <Free-Form Text>		Schedule/Frequency <Free-Form Text>
Begin Date <Free-Form Text>	End Date <Free-Form Text>	Begin Date <Free-Form Text>	End Date <Free-Form Text>
Supportive Services <Select service category>   <Free-Form Text>		Supportive Services <Select service category>   <Free-Form Text>
Follow-Up Services <Select service category>   <Free-Form Text>		Follow-Up Services <Select service category>   <Free-Form Text>
Additional Instructions <Free-Form Text>		Additional Instructions <Free-Form Text>
ADA Modifications <Free-Form Text>		ADA Modifications <Free-Form Text>

Goal 3 Short-Term Goal: <Description of Goal>		Goal 4 Short-Term Goal: <Description of Goal>
Type <Employment, Education or Training>		Type <Employment, Education or Training>
In-Demand Jobs Is the employment or training goal in an occupational field identified as in-demand? Yes                 No		In-Demand Jobs Is the employment or training goal in an occupational field identified as in-demand? Yes                 No
Service <Select service>		Service <Select service>
Activity/Action Step(s) <Activity/Action Step>		Activity/Action Step(s) <Activity/Action Step>
Location <Free-Form Text>		Location <Free-Form Text>
Schedule/Frequency <Free-Form Text>		Schedule/Frequency <Free-Form Text>
Schedule/Frequency <Free-Form Text>		Schedule/Frequency <Free-Form Text>
Begin Date <Free-Form Text>	End Date <Free-Form Text>	Begin Date <Free-Form Text>	End Date <Free-Form Text>
Supportive Services <Select service category>   <Free-Form Text>		Supportive Services <Select service category>   <Free-Form Text>
Follow-Up Services <Select service category>   <Free-Form Text>		Follow-Up Services <Select service category>   <Free-Form Text>
Additional Instructions <Free-Form Text>		Additional Instructions <Free-Form Text>
ADA Modifications <Free-Form Text>		ADA Modifications <Free-Form Text>

  How often will my plan be changed?                                                                                                                                                                                      

I understand that my case manager will check-in with me <Free-Form Text> to assess and discuss my progress.  I am responsible for responding to my case manager and providing information as requested. Based on my progress and ongoing discussions with my case manager, this plan will be changed as needed.

What are my rights and responsibilities?

·               I agree that the only way to achieve my goals and successfully complete this program is by fulfilling my commitment to this plan.

·               I understand that this plan can be changed if something in my situation changes and that any changes will be in writing and signed by me and my caseworker.

·               I have the right to receive assistance and services needed to help me find and keep employment or to become self-sufficient.

·               I have the right to request to be referred to an alternative provider or worksite if I object to a faith-based provider or worksite. I understand that the alternative provider or worksite must be reasonably accessible and be able to provide comparable services. I understand that the provider or worksite and services will reasonably meet timeliness, capacity, accessibility and equivalency requirements.

·               I have the responsibility to meet my commitments in this plan and may fail to meet my commitments only when I have good cause. If I fail to meet my commitments without good cause on multiple occasions I may lose my eligibility for the program. I understand that it is my responsibility to notify my case manager within <Free-Form Text> of when I am unable to report for an assignment. It is my responsibility to provide written documentation to my case manager within <Free-Form Text> of the first missed/failed hour of participation of each assigned day missed/failed in order to verify my claim of good cause.

·               I understand that good cause is limited to:

o       If I am ill; if it was necessary for me to take care of an ill family member that is related by blood, marriage or adoption and living in my household.

o       If I or a family member living in my household, have a previously scheduled appointment necessary for medical, dental, or vision care.

o       I have a previously scheduled job interview, including any subsequent interviews and/or testing requirements.

o       I have a court ordered appearances.

o       I have an appointment with another social service agency or program.

o       I have a death in my family. I understand that my case manager will work with me to determine the length of absence and that "family" includes a spouse, domestic partner (domestic partner is defined as one who stands in place of a spouse and who resides with the program participant), child, grandchild, parents, grandparents, siblings, stepchild, stepparent, step-siblings, great-grandparents, mother-in-law, father-in-law, sister-in-law, brother-in-law, son-in-law, daughter-in-law, or legal guardian or other person who stands in the place of a parent.

o       The school, place of work or worksite was closed the day I was supposed to go.

o       I am a single custodial parent caring for a minor child under age six and did not have child care. I understand that my case manager will work with me to determine if my lack of child care was due to the unavailability or unsuitability of:

o     A licensed or certified child care provider within a reasonable distance of my home or work site.

o     Informal child care by a relative or other arrangements.

o     Appropriate and affordable formal child care arrangements.

o       A failure by my case manager to provide supportive services.

o       A failure by my case manager to provide me with all information necessary about the assignment.

o       Circumstances involving domestic violence that make it difficult for me to comply in full with a provision of this plan.

o       Other circumstances determined on a case-by-case basis by my case manager.

How will my case manager help me to achieve my goals?

My case manager will:

·               Treat me with courtesy, dignity, respect and without discrimination.

·               Provide me with a full, complete and appropriate assessment of employability and barriers to employment.

·               Help devise a plan that allows participation in activities even though I may have a disability.

·               Provide an accurate and complete assessment of my language needs and provide free and competent translation services if my primary language is not English or if I am hearing-impaired. My case manager will provide vital documents in my primary language or someone will be provided to translate the information on the documents into my primary language.

·               Consider  my disabilities  when  developing  my  plan  and  make  reasonable  accommodations  to  provide  for  equal  access  to  the  benefits  of  the Comprehensive Case Management and Employment Program (CCMEP) and all other benefits and services for which I am eligible.

·               Provide me with a free copy of my plan, including any future amendment(s).

·               Provide for a grievance process if I feel that my assignment is wrong because I am replacing a person who was laid off or involved in a dispute between a labor organization and the employer.

What if I receive Ohio Works First benefits? - NOTE: This section applies ONLY to Ohio Works First Recipients.

If I receive a monthly cash benefit as part of the Ohio Works First (OWF) program, I understand that:

·              This is my plan to become self-sufficient and it will replace the self-sufficiency contract I signed when I applied for OWF. This plan is now my self- sufficiency contract.

·              If I fail or refuse without good cause to comply in full with any provision of this plan, my entire assistance group will not receive a cash benefit for:

o       If it is my first failure/refusal: One (1) month or until I stop failing or refusing to comply, whichever is longer. I also may receive less food assistance benefits.

o       If it is my second failure/refusal: Three (3) months or until I stop failing or refusing to comply, whichever is longer. I also may receive less food assistance benefits but I will not lose Medicaid coverage.

o       If it is my third (or more) failure: Six (6) months or until I stop filing or refusing to comply, whichever is longer. I also may receive less food assistance and, I may lose my Medicaid coverage (but may regain Medicaid coverage at any time (even before the 6 months is up) if I begin to comply again with the work activity).

A sanction of my OWF benefits will not necessarily end my eligibility for this program as long as I work with my case manager during the sanction period.

·               I understand that if I voluntarily terminate employment without "just cause", I will not receive cash assistance for my entire family for six months and I may receive less food assistance benefit. "Just cause" for voluntarily terminating employment includes, but is not limited to the following:

o       Discrimination by an employer based on age, race, sex, color, handicap, religious beliefs or national origin;

o       Work demands or conditions that render continued employment unreasonable, such as working without being paid on schedule;

o       Employment that has become unsuitable due to any of the following:

§    The wage is less than the federal minimum wage;

§    The work is at a site subject to a strike or lockout;

§    The documented degree of risk to my health and safety is unreasonable;

§    I am physically or mentally unfit to perform the employment, as documented by medical evidence or by reliable information from other sources.

o       Documented illness for myself or another assistance group member that requires my presence;

o       A documented household emergency;

o       Lack of adequate child care for my child(ren) who are under six years of age.

o       Other reasons as determined by my case manager.

·               I agree to cooperate with the Child Support Enforcement Agency (CSEA) in establishing paternity and establishing, modifying, and enforcing a support order. While on OWF, I will assign support rights to the CSEA, if required. Cooperation includes, but is not limited to, the following:

o       Identifying the parent(s) of my child(ren) and telling everything I know about him/her; o       Assisting the CSEA in establishing paternity (fatherhood) for each child; o       Attending required meetings; o       Repaying any child support money that I received but was not eligible to receive; o       Assisting the CSEA in getting support payments and any other payments and property for which my child(ren) are eligible; and o       Other <Free-Form Text> I may not have to cooperate if I believe cooperation may reasonably result in physical or emotional harm to myself or my child; or if my child was conceived as a result of incest or rape; or if legal proceedings for adoption are pending before a court; or if I am currently being assisted by an agency to decide whether to keep my child or give my child up for adoption. I understand that the CSEA will need documents to show that I have "good cause" and will let me know if I have to cooperate or if I have "good cause." ·               I understand that under state law, there is an initial 36-month time limit for getting OWF payments, and the 36 months do not have to run continuously. After I have received OWF for 36 months, I cannot get any more OWF payments unless I qualify under the CDJFS's rules for "extensions." There are three kinds of extensions: (1) "hardship" (2) "good cause" and (3) "domestic violence waiver." The CDJFS will discuss extensions with me before my initial 36-month time limit expires. I understand that I have received           (enter number of state months used) months of OWF. ·               I understand that I can request a county conference and/or state hearing with the Ohio Department of Job and Family Services (ODJFS) if I do not agree with any action taken on my case, including but not limited to activities in my self-sufficiency contract and plan, work activities and supportive services.
I agree to follow this plan and understand that the plan can be changed if something in my circumstances change. Any plan changes will be in writing and signed by myself and my case manager. By signing this plan, I certify that I participated in the collaborative development of this plan and that I am committed to successfully achieving the goals and objectives outlined in this plan.
Participant Signature	Date
Parent or Guardian Signature (if applicable)	Date
I understand that this plan can be changed if something in the participant's situation changes. Any plan changes will be in writing and signed by myself (or another case manager) and the participant. By signing this plan, I certify that I participated in the collaborative development of this plan and that I am committed to assisting the participant to successfully achieve the goals and objectives outlined in this plan.
Case Manager Signature	Date