5101:4-3-06 Food assistance: victims of trafficking.

 

 

 

5101:4-3-06                 Food stamps: Victims victims of trafficking.

 

 

 

(A)  Basic standard

 

Adult victims of severe forms of trafficking who have been certified by the U.S. department of health and human services (HHS) are eligible for benefits and services to the same extent as an alien who is admitted to the United States as a refugee under Section 207 of the Immigration and Nationality Act (INA)(of 1952). Victims of severe forms of trafficking who are under age eighteen are also eligible for benefits to the same extent as refugees, but do not need to be certified by HHS. Reference rule 5101:4-3-07 of the Administrative Code for determining citizenship and alien status of individuals who are not victims of severe forms of trafficking.

 

The Trafficking Victims Protection Reauthorization Act of 2003 (TVPRA), Pub. L. No. 108-193, makes certain family members of victims of a severe form of trafficking eligible for benefits and services to the same extent as refugees. Reference paragraph (F) of this rule for additional information on these individuals.

 

(B)  Definition

 

Under section 103(8) of the Trafficking Victims Protection Act of 2000 (TVPA), Pub. L. No. 106-386, the term "severe forms of trafficking in persons" meansis defined as:

 

(1)   Sex trafficking: in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained eighteen years of agethe recruitment, harboring, transportation, provision or obtaining of a person for the purpose of a commercial sex act, in which a commercial sex act induced by force, fraud or coercion, or in which the person is forced to perform such an act is under the age of eighteen years; or,;

 

(2)   Labor trafficking: The the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

 

(C)  Certification determinations

 

HHS' office of refugee resettlement (ORR) will make certification determinations and issue letters of certification for adult victims of severe forms of trafficking. Children under eighteen years of age who are determined to have been subjected to a severe form of trafficking do not need to be certified by ORR in order to receive benefits. ORR will issue letters similar to the adult certification letters, stating that a child is a victim of a severe form of trafficking. Only the ORR certification letter or letter for children may be accepted as proof of certification under this rule.

 

 

 

(1)     Certification letters for adults and eligibility letters for children no longer contain expiration dates.

(2)    Expired letters are being reissued by the ORR with a lowercase "r" beside the HHS tracking number confirming that the individual continues to meet certification requirements.

(D)  Procedures

The county agency shall:

(1)   Accept the original certification letter or letter for children in place of the U.S. citizenship and immigration services (USCIS), formerly known as immigration and naturalization service (INS), documentation and retain a photocopy in the case file. Victims of severe forms of trafficking are not required to provide any other immigration documents to receive benefits.

(2)      Call the trafficking victims verification telephone line toll-free number, 1-[phone] to confirm the validity of the certification letter before providing benefits. During the verification telephone call, the county agency must notify ORR of the benefits for which the victim of trafficking has applied.

(3)   Confirm identity. Benefits shall not be automatically denied if the individual is unable to provide verification of identity. The county agency must call the trafficking verification telephone number for assistance.

(4)   Assist in obtaining a social security number. The county agency shall not delay, deny, or discontinue assistance to any eligible applicant because he or she does not have a social security number. If an individual is required to provide or apply for a social security number for another benefit program, such as medicaid, "Ohio works first" (OWF); or the victim of severe forms of trafficking does not yet have or is unable to obtain a social security number for work purposes, assistance must be given to these individuals in obtaining non-work social security numbers as follows:

The individual must present a letter which cannot be a generic application, form letter, or photocopy to the social security administration (SSA) from the county agency that:

(a)   Is on county agency letterhead;

(b)   Includes the applicant's name;

(c)   References the non-work reason for which the number is required; and,

(d)    States that the applicant meets the requirements to receive the benefit except for the social security number.

(5)   Note the "entry date" for refugee benefits purposes. Once the certification letter or letter for children is received and the validity of the document is verified by calling the trafficking verification telephone number, the county agency shall note the individual's "entry date" for refugee benefit purposes. The entry date is the date of certification. The certification date appears in the body of the certification letter or letter for children.

(6)       Determine eligibility or redetermine eligibility in accordance with the appropriate program rules. If an individual presents an expired certification letter when applying for benefits or when a reapplication is being completed and the county agency finds that a certification letter has expired, the county agency shall call the ORR trafficking victims verification line at [phone] toll-free number, 1- (866)-401-5510 for assistance.

(7)    Issue benefits. If the applicant meets other program eligibility criteria (e.g., income levels), the individual shall receive benefits and services to the same extent as a refugee.

(E)  Individuals without certification from ORR

If a county agency encounters an individual or a child that is believed to meet the definition of a victim of a severe form of trafficking, but the individual has no certification, the county agency shall contact the appropriate contact person at ORR.

If the county agency encounters a child believed to have been subjected to a severe form of trafficking and lacks a letter for children, the county agency shall contact the appropriate contact person at ORR.

(F) Eligible relatives of trafficking victims

Victims of trafficking as defined in paragraph (B) of this rule are issued "T" visas by the U.S. immigration and citizenship services. Under TVPRA, certain eligible relatives of trafficking victims are entitled to visas designated as "T-2", "T-3", "T-4", or "T-5" (collectively referred to as "Derivative T Visas") and after the issuance of the visas are eligible for food stamp benefits to the same extent as direct

victims of severe trafficking, provided that they meet the other eligibility criteria for the program. County agencies shall follow the procedures outlined in paragraphs (C) and (D) of this rule in determining eligibility for these individuals. Under TVPRA, the relatives of victims of trafficking are entitled to derivative "T" visas under the following conditions:

(1) In the case of an alien who is awarded a "T" visa and who is under twenty-one years of age on the date the "T" visa application was filed, derivative "T" visas are available to the alien's spouse, children, unmarried siblings under eighteen years of age on the date on which the alien's visa application was filed, and parents.

(2) In the case of an alien who is awarded a "T" visa and was twenty-one years of age or older on the date the "T" visa application was filed, the derivative "T" visas are available to the alien's spouse and children.

Effective:                                                     07/01/2005

R.C. 119.032 review dates:                         04/11/2005 and 07/01/2010

CERTIFIED ELECTRONICALLY

Certification

06/16/2005

Date

Promulgated Under:                           111.15

Statutory Authority:                           5101.54

Rule Amplifies:                                  329.04, 329.042, 5101.54

Prior Effective Dates:                         5/11/02, 12/05/02.