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

 

 

 

Rule Summary and Fiscal Analysis (Part A)

 

Department of Job and Family Services

Agency Name

 

Division of Social Services                                  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

5101:2-16-35

Rule Number

AMENDMENT

TYPE of rule filing

Rule Title/Tag Line              County  department  of  job  and  family  services  (CDJFS)

responsibilities for determining eligibility for publicly funded child care benefits.

RULE SUMMARY

1.  Is the rule being filed consistent with the requirements of the RC 119.032 review? No

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

Bill Number: HB483               General Assembly: 130           Sponsor: Amstutz

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: 5104.34, 5104.38

5.  Statute(s) the rule, as filed, amplifies or implements: 5104.30, 5104.32, 5104.34, 5104.38

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

This rule is proposed for amendment to implement section 5104.34 (A)(2)(b) of the Ohio Revised Code, as created by Amended Substitute House Bill 483 of the 130th

General Assembly.

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:

This rule is being amended to require the county agency to notify an identified child care provider when an application for publicly funded child care has been denied. The notification will include whether or not the provider is able to seek payment for services provided to the child(ren) during the time the county was determining eligibility.

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 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).

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 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).

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

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:

The following changes have been made for revise filing:

1) Paragraph (F) has been revised by striking the words "or the caretaker fails to provide all required supporting documentation as required in paragraph (A) of rule 5101:2-16-35.1 of the Administrative Code."

2)   Paragraph (F)(2)(a) has been changed to clarify that a county agency shall notify the provider that an application has been denied, "at the time of the caretakers denial."

3)   Paragraph (F)(2)(b) has been changed to state "The county agency shall approve publicly funded child care payment after denial for the caretaker only once during a twelve month period."

12. 119.032 Rule Review Date: 5/1/2019

(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 increase expenditures.

$ 16,000,000

The implementation of Am. Sub. HB 483 will increase expenditures since the department will now be paying for care provided during the eligiblity determination period for denied applications at approximately $4 million per year, as well as for continued care up to thirteen weeks after the caretaker no longer has a qualifying activity. This change is projected to cost $12 million per year. Currently care would not be paid in either circumstance.

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

600-535

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:

There are no anticipated new costs of compliance as a result of this amended rule.

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

ACTION: Revised

Ohio Department of Job and FamilyDSAerTvicEe:s 07/30/2014 3:15 PM

REQUEST FOR PAYMENT OF PUBLICLY FUNDED CHILD CARE SERVICES

PROVIDED FOR A DENIAL OF APPLICATION

SECTION I. PROVIDER TO COMPLETE THIS SECTION (please print)
Provider Name			Provider ID Number		Date of Application		Date of Denial
Caretaker First Name		Caretaker Last Name				Case Number (10 digits)
Child First Name		Child Last Name				Child ID Number (12 digits)
Pursuant to rule 5101:2-16-35 of the Administrative Code, care for a child may be paid for the period of time between the date the county agency receives the completed application and the date of denial plus five days, not to exceed a full-time authorization.   Please complete the attendance information below and submit to the county agency within seven weeks from the date of denial of the caretaker's application for payment consideration.
SECTION II. CARETAKER OR PROVIDER TO COMPLETE THIS SECTION (please print) Attendance (enter in and out time including hours and minutes with AM or PM indicator) *Attach Attendance Records for verification
Enter Sunday Begin Date:                                (MM/DD/YYYY) for the service week/period of attendance you are submitting
Day of Week	Time in (HH:MM) check AM/PM		Time out (HH:MM) check AM/PM	Time in (HH:MM) check AM/PM				Time out (HH:MM) check AM/PM
Sunday	AM         PM		AM         PM	AM         PM				AM         PM
Monday	AM         PM		AM         PM	AM         PM				AM         PM
Tuesday	AM         PM		AM         PM	AM         PM				AM         PM
Wednesday	AM         PM		AM         PM	AM         PM				AM         PM
Thursday	AM         PM		AM         PM	AM         PM				AM         PM
Friday	AM         PM		AM         PM	AM         PM				AM         PM
Saturday	AM         PM		AM         PM	AM         PM				AM         PM
Enter Sunday Begin Date:                                (MM/DD/YYYY) for the service week/period of attendance you are submitting
Day of Week	Time in (HH:MM) check AM/PM		Time out (HH:MM) check AM/PM	Time in (HH:MM) check AM/PM				Time out (HH:MM) check AM/PM
Sunday	AM         PM		AM         PM	AM         PM				AM         PM
Monday	AM         PM		AM         PM	AM         PM				AM         PM
Tuesday	AM         PM		AM         PM	AM         PM				AM         PM
Wednesday	AM         PM		AM         PM	AM         PM				AM         PM
Thursday	AM         PM		AM         PM	AM         PM				AM         PM
Friday	AM         PM		AM         PM	AM         PM				AM         PM
Saturday	AM         PM		AM         PM	AM         PM				AM         PM
Enter Sunday Begin Date:                                (MM/DD/YYYY) for the service week/period of attendance you are submitting
Day of Week	Time in (HH:MM) check AM/PM		Time out (HH:MM) check AM/PM	Time in (HH:MM) check AM/PM				Time out (HH:MM) check AM/PM
Sunday	AM         PM		AM         PM	AM         PM				AM         PM
Monday	AM         PM		AM         PM	AM         PM				AM         PM
Tuesday	AM         PM		AM         PM	AM         PM				AM         PM
Wednesday	AM         PM		AM         PM	AM         PM				AM         PM
Thursday	AM         PM		AM         PM	AM         PM				AM         PM
Friday	AM         PM		AM         PM	AM         PM				AM         PM
Saturday	AM         PM		AM         PM	AM         PM				AM         PM

JFS 01211 (9/2014)                                                                                                                                             Page 1 of 3

Enter Sunday Begin Date:                                (MM/DD/YYYY) for the service week/period of attendance you are submitting
Day of Week	Time in (HH:MM) check AM/PM	Time out (HH:MM) check AM/PM		Time in (HH:MM) check AM/PM		Time out (HH:MM) check AM/PM
Sunday	AM         PM	AM         PM		AM         PM		AM         PM
Monday	AM         PM	AM         PM		AM         PM		AM         PM
Tuesday	AM         PM	AM         PM		AM         PM		AM         PM
Wednesday	AM         PM	AM         PM		AM         PM		AM         PM
Thursday	AM         PM	AM         PM		AM         PM		AM         PM
Friday	AM         PM	AM         PM		AM         PM		AM         PM
Saturday	AM         PM	AM         PM		AM         PM		AM         PM
Enter Sunday Begin Date:                                (MM/DD/YYYY) for the service week/period of attendance you are submitting
Day of Week	Time in (HH:MM) check AM/PM	Time out (HH:MM) check AM/PM		Time in (HH:MM) check AM/PM		Time out (HH:MM) check AM/PM
Sunday	AM         PM	AM         PM		AM         PM		AM         PM
Monday	AM         PM	AM         PM		AM         PM		AM         PM
Tuesday	AM         PM	AM         PM		AM         PM		AM         PM
Wednesday	AM         PM	AM         PM		AM         PM		AM         PM
Thursday	AM         PM	AM         PM		AM         PM		AM         PM
Friday	AM         PM	AM         PM		AM         PM		AM         PM
Saturday	AM         PM	AM         PM		AM         PM		AM         PM
Enter Sunday Begin Date:                                (MM/DD/YYYY) for the service week/period of attendance you are submitting
Day of Week	Time in (HH:MM) check AM/PM	Time out (HH:MM) check AM/PM		Time in (HH:MM) check AM/PM		Time out (HH:MM) check AM/PM
Sunday	AM         PM	AM         PM		AM         PM		AM         PM
Monday	AM         PM	AM         PM		AM         PM		AM         PM
Tuesday	AM         PM	AM         PM		AM         PM		AM         PM
Wednesday	AM         PM	AM         PM		AM         PM		AM         PM
Thursday	AM         PM	AM         PM		AM         PM		AM         PM
Friday	AM         PM	AM         PM		AM         PM		AM         PM
Saturday	AM         PM	AM         PM		AM         PM		AM         PM
SECTION III. SIGNATURES (by signing below, I agree that my child was in care at this provider during the dates and times entered above)
Caretaker Signature (not needed if caretaker withdraws without notice)					Date Caretaker Signs (MM/DD/YYYY)
Caretaker Name (please print)					Phone Number of Caretaker
(By signing below, I agree that I provided care to this child at this provider during the dates and times entered above)
Provider/Designee Signature					Date Provider/Designee Signs (MM/DD/YYYY)
Provider/Designee Name (please print)					Phone Number of Provider/Designee
The total payment amount is subject to payment rules and procedures required by the Ohio Department of Job and Family Services. The provider must submit this completed form to the County Department of Job and Family Services to request payment. This form must be received or post marked no later than 7 weeks from the date of denial of the caretaker's application unless otherwise determined by the Bureau of State Hearings.
SECTION IV. FOR COUNTY USE ONLY
Check here if Reimbursement Request is denied and list reason			County Agency Signature				Date

JFS 01211 (9/2014)                                                                                                                                             Page 2 of 3

Provider Name	Provider ID Number
Child First Name	Child Last Name

PAYMENT CALCULATION FOR COUNTY USE ONLY:

	Sunday Begin Date
	Total Hours		Base Rate
	Non-Trad (5%)		Accred/SUTQ %
	Weekly Total
	Sunday Begin Date
	Total Hours		Base Rate
	Non-Trad (5%)		Accred/SUTQ %
	Weekly Total
	Sunday Begin Date
	Total Hours		Base Rate
	Non-Trad (5%)		Accred/SUTQ %
	Weekly Total
	Sunday Begin Date
	Total Hours		Base Rate
	Non-Trad (5%)		Accred/SUTQ %
	Weekly Total
	Sunday Begin Date
	Total Hours		Base Rate
	Non-Trad (5%)		Accred/SUTQ %
	Weekly Total
	Sunday Begin Date
	Total Hours		Base Rate
	Non-Trad (5%)		Accred/SUTQ %
	Weekly Total
COUNTY CONTACT
County		County Worker Phone Number		Date:
County Worker First Name			County Worker Last Name

JFS 01211 (9/2014)                                                                                                                                              Page 3 of 3