5101:2-16-30 Eligibility requirements for receipt of publicly funded child care benefits.

 

 

 

5101:2-16-30               Eligibility requirements for receipt of publicly funded child care benefits.

 

 

 

(A)    County departments of job and family services (CDJFS) are responsible for the determination of shall determine eligibility for publicly funded child care benefits.

and  shall  authorize  Child  child

care

shall  be  authorized  for  periods  that  are

reasonably related to the caretaker's periods hours of employment, education or training. Authorizations shall be made for one of the following categories:

(1) Hourly, which is up to 6.9 hours per week.

(2) Part-time weekly, which is 7.0 to 24.9 hours per week.

(3) Full-time weekly, which is 25.0 to 60.0 hours per week.

(4) Full-time weekly plus, for hours greater than 60.0 as determined by the CDJFS.

(B)   A caretaker, as defined in rule 5101:2-16-01 of the Administrative Code, shall apply for child care benefits for the family. A family shall be is one of the following:

(1)   At least one O One or more caretaker caretaker(s) and all minor children who reside with the caretaker in the same household.

(2)   A caretaker, the caretaker's minor child and the child of the minor child when all reside in the same household.

(3)   A caretaker who has shared custody of minor children when the children reside with the caretaker in the caretaker's household.

(4)   A caretaker who is a foster parent or stepparent and all of the minor children who reside with the caretaker in the same household.

(5)     Unmarried parents, one of whom is the caretaker, who live in the same household with and have a common child. and all of the These parents shall be considered caretakers for all minor children who reside with the caretaker them in the same household.

(C)   The CDJFS shall verify the U.S. citizenship or immigration status for children for whom a caretaker applies for child care benefits. If the CDJFS verifies that a child currently receives Ohio works first (OWF) or a medical assistance program under

5111.01 of the Revised Code, Title XIX of the "Social Security Act," 79 Stat. 286 (1965), 42 USC 1396, as amended, verification of citizenship is not required.

(D)  To be eligible for child care, a child must be one of the following:

(1)    A U.S. born citizen. The caretaker shall provide a civilian birth, baptismal, or church certificate, or hospital record showing a birthplace in the U.S. "Birthplace in the U.S." refers to an individual born in one of the fifty states, District of Columbia, Puerto Rico, Guam, Northern Mariana Islands, U.S. Virgin Islands, Swain Island, or American Samoa.

(2)   A foreign born U.S. citizen. The caretaker shall provide a citizen certification,

U.S. passport, consular's certification of birth, or certificate of naturalization as verification.

(3)   A qualified alien. Qualified alien means one of the following:

(a)    An alien who is lawfully admitted for permanent residence under the Immigration and Nationality Act (INA), 8 U.S.C. 1101 et seq.;.

(b)   An alien who is granted asylum under section 208 of the INA, 8 U.S.C. 1158;.

(c)    A refugee who is admitted to the United States under section 207 of the INA, 8 U.S.C 1157;.

(d)   An alien who is paroled into the United States under section 212(d)(5) of the INA, 8 U.S.C. 1182(d)(5), for a period of at least one year;.

(e)   An alien whose deportation is being withheld under section 243(h) of the INA, 8 U.S.C. 1253 (as in effect immediately before the effective date of section 307 of division C of Public Law 104-208) or section 241(b)(3) of the INA, 8 U.S.C. 1231(b)(3) (as amended by section 305(a) of division C of Public Law 104-208);.

(f)    An alien who is granted condition conditional entry pursuant to section 203(a)(7) of the INA, 8 U.S.C. 1153(a)(7), as in effect prior to April 1, 1980;.

(g)   An alien who is a Cuban and Haitian entrant (as defined in section 501(e) of the Refugee Education Assistance Act of 1980);.

(h)   A battered alien who meet the conditions set forth in 8 U.S.C. 1641 (c); or.

(i)   An alien who is the victim of a severe form of trafficking as set forth in 8

U.S.C. 1641 (c)(4).

(4)    Except as provided in paragraph (D)(5) of this rule, a child who is a qualified alien, as defined in 8 U.S.C. 1641 and entering the United States on or after August 22, 1996, shall be required to live in the United States for five years before eligibility for child care.

(5)    A child in the following categories is exempt from the requirement that he or she live in the United States five years prior to eligibility:

(a)   An alien who is admitted to the United States as a refugee under section 207 of the INA, 8 U.S.C. 1157

(b)    An alien who is granted asylum under section 208 of the INA, 8 U.S.C 1158 (05/2005).

(c)   An alien whose deportation is being withheld under section 243(h) of the INA as in effect prior to April 1, 1997, or whose removal is withheld under section 241(b)(3) of the INA, 8 U.S.C 1231 (01/2006).

(d)  An alien who is a Cuban or Haitian entrant as defined in section 501(e) of the Refugee Education Assistance Act of 1980.

(e)    An alien admitted to the United States as an Amerasian immigrant as described in 8 U.S.C. 1612(a)(2)(A)(v).

(f)   The unmarried dependent child of an alien meeting the veteran and active duty exception in 8 U.S.C. 1641(b)(2).

(6)    The five year bar on eligibility does not apply to qualified aliens who entered the United States before August 22, 1996, and have continued living in the United States, even if they did not meet qualified alien status upon entry.

(7)   If the child is an alien, his or her status may be verified by forms issued through the immigration and naturalization service, including the INS I-151, I-155 or I-94.

(E)   Caretakers who receive OWF cash assistance may be eligible for child care benefits. Child care shall be necessary for the caretaker to comply with the requirements of a

self-sufficiency contract.

(F)    Caretakers who participate in the food assistance employment and training program may be eligible for child care benefits. Child care shall be necessary for the caretaker caretakers to comply with the requirements of their food assistance employment and training program plan.

(G)     A minor parent who participates in the learning, earning and parenting (LEAP) program may apply for child care benefits. The family shall be defined as the minor parent and the children of the minor parent. Child care may be approved for activities required to meet compliance with the LEAP program.

(H)     Caretakers who reside in the same household and who both receive OWF cash assistance shall participate a minimum of fifty-five hours per week in OWF activities to be eligible for child care benefits, unless the CDJFS can document that one of the caretakers is caring for a disabled child.

(I)   A caretaker shall be eligible for transitional child care benefits for the twelve month period immediately following the end of participation in OWF if all of the following apply:

(1)   The caretaker needs child care due to employment.

(2)   The caretaker's income does not exceed one hundred fifty per cent of the federal poverty level (FPL).

(3)    The caretaker meets all requirements of the application and redetermination process.

(J)   A caretaker who is ineligible to participate in OWF is not eligible for transitional child care benefits.

(K)   A caretaker who is engaged in employment, training or education activities may be eligible for child care benefits if the family's gross monthly income does not exceed the maximum monthly gross income per household size, as shown in the appendix to this rule, and child care is necessary for at least one of the following reasons:

(1)    To permit the caretaker to participate in paid employment on a full-time or a part-time basis.

(2)   To permit the caretaker to participate in a training or education activity which

prepares the caretaker for paid employment.

(3)   To permit the caretaker to participate in an OWF activity in order to meet OWF requirements if the caretaker is sanctioned under OWF.

(4)    To allow child care after the expiration of twelve months of transitional child care benefits.

(L)   A caretaker, who is currently eligible for child care, shall be approved for up to thirty calendar days of child care if the CDJFS has documentation that an employment or employment orientation activity, a training activity or an approved education activity is scheduled to begin within the thirty-day period.

(M)    A caretaker shall have a need for child care for a child who is under age thirteen or under age eighteen with special needs.

(N)   Child care shall be reasonably related to hours of employment, training or education and may exceed twenty-four consecutive hours when the caretaker's hours of employment, training or education indicate such a need. Travel time, not to exceed four hours round trip, shall be allowed. Sleep time shall be allowed, on a case by case basis, not to exceed eight hours on a case-by-case basis, for a caretaker who is employed during the night.

(O)     A caretaker who is engaged in basic education activities that take place at an education or training site may be eligible for child care. Basic education activities are defined as follows:

(1)   High school or equivalent education.

(2)   Remedial high school education.

(3)   Adult basic and literacy education (ABLE).

(4)   Education for individuals with limited English proficiency.

(P)   A caretaker who is engaged in post-secondary education activities may be eligible for child care.

(1)    Post-secondary education activities are defined as: college classes, technical classes or vocational classes that are part of a course of study leading to a degree, a certificate or a license.

(2)   The classes shall be approved by an accredited institution of higher education, an institution that has a certificate issued or has authorization from the Ohio board of regents, or an institution that has a registration from the state board of school and college registration.

(3)    When education activities are accessed via electronic media, the number of hours approved for child care shall not exceed the number of credit hours per week for the course, as defined by the educational institution.

(Q)   A caretaker who is engaged in post-secondary education shall not be eligible for child care when the caretaker has completed the requirements for a baccalaureate degree, unless the education is necessary to meet specific requirements associated with maintaining the caretaker's employment, certification or licensure.

(R)   A caretaker who has completed one hundred forty-four undergraduate semester hours or two hundred sixteen undergraduate quarter hours, or the combined equivalent hours, shall not be eligible for child care benefits for post-secondary education.

(S)   A caretaker who is engaged in vocational job skills training activities or occupational job skills training activities may be eligible for child care.

(1)   Job skills training activities shall be limited to education that is directly related to the individual's employment goal and shall be approved by an accredited institution of higher education, an institution that has a certificate issued or has authorization from the Ohio board of regents, or an institution that has a registration from the state board of school and college registration.

(2)   Job skills training activities may include, but are not limited to:

(a)   Classroom job skills training.

(b)   Supervised on-the-job skills training.

(c)   Refresher job skills training.

(T)    A caretaker shall have a record of satisfactory participation, as defined by the school or institution, in an education or training activity in order to be eligible for child care.

(U)   A caretaker may be eligible for protective child care, without regard to income, for

the care and protection of a child. Caretakers eligible for protective child care shall have their copayment waived. One of the following requirements shall be met for protective child care:

(1)    A case plan, as required in section 2151.412 of the Revised Code, is prepared and maintained for the child and caretaker. The case plan shall indicate a need for protective child care to permit the caretaker to complete requirements of the case plan. Protective child care may be authorized only for a child who resides in the home of the caretaker for whom the case plan is written.

(2)      A caretaker and child either temporarily reside in a facility providing emergency shelter for homeless families or are determined by the CDJFS to be homeless, and are otherwise ineligible for publicly funded child care. Homeless protective child care is limited to ninety calendar days in a twelve month period, or the period of time that the caretaker and child reside in an emergency shelter, or the period of time when the caretaker and child are homeless, whichever period is shortest.

(V)   A child enrolled in a child care center that partners with a federally funded head start program may remain eligible for child care benefits until the end of the  current head start program year if the CDJFS proposes termination of child care due to an unmet eligibility requirement. To remain eligible for continuation of  child care benefits, the caretaker shall meet the following eligibility requirements:

(1) The child care is provided in a head start/child care partnership program as defined in rule 5101:2-16-01 of the Administrative Code.

(2)(1) The caretaker shall have monthly income at or below the maximum monthly gross income per family size as shown in the appendix to rule 5101:2-16-30 of the Administrative Code.

(3)(2) The caretaker shall pay the assigned monthly child care family copayment.

(4) The caretaker shall complete the required six-month copayment review and twelve month redetermination.

(5) The monthly child care family copayment shall not exceed the monthly cost of care.

(6)(3) The caretaker shall not be under an OWF sanction, unless the caretaker is under sanction but is participating in an approved OWF activity to meet compliance with OWF .

(7)(4) The caretaker has not been found guilty of child care fraud.

Effective:                                                     07/01/2011

CERTIFIED ELECTRONICALLY

Certification

07/01/2011

Date

Promulgated Under:                           119.03

Statutory Authority:                           5104.011, 5104.34, 5104.38

Rule Amplifies:                                  5104.011, 5104.30, 5104.34, 5104.38, 5104.382,

5104.41

Prior Effective Dates:                         11/1/91 (Emer.), 1/20/92, 7/6/92 (Emer.), 10/1/92,

7/2/93 (Emer.), 8/20/93, 1/1/94, 10/2/95 (Emer.)

12/26/95, 7/1/97 (Emer.), 10/1/97 (Emer.), 12/30/97,

1/1/99, 5/12/02, 6/9/03, 7/1/05 (Emer.), 10/1/05,

7/1/06, 2/1/07, 7/1/07, 7/1/08, 7/1/09, 7/23/09 (Emer.),

10/21/09