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

 

 

 

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

 

 

 

(A)   The caretaker shall apply for child care benefits by completing and signing the JFS 01138 "Application for Child Care Benefits" (rev. 1/20108/2011) and shall submit the JFS 01138 submitting it to the county department of job and family services (CDJFS) in the county in which the caretaker resides. The caretaker shall sign and submit all supporting documentation within thirty calendar days from the date the CDJFS receives the JFS 01138.

 

(B)   The CDJFS shall document the date(s) date the application and is received and the date the application is completed with all required supporting documentation are received. The CDJFS may provide the caretaker the JFS 01148 "Child Care Application/Redetermination Verification Checklist" (4/2010) to inform the caretaker of the required supporting documentation needed to complete the application.

 

(C)   The CDJFS shall determine eligibility no later than thirty calendar days from the date the CDJFS receives the application. The complete application and all required supporting documentation shall be retained in the agency file agency's files.

 

(D)The CDJFS shall not require a face-to-face interview with the caretaker if the information required for determining the caretaker's eligibility for child care is already on file with the CDJFS and/or the required information can be obtained through other methods.

 

(D)(E) If the CDJFS determines a caretaker eligible for child care benefits, the eligibility period may begin on the date the CDJFS receives an received the application. The CDJFS caretaker shall provide receive notice of approval for child care benefits using by the JFS 04074 "Notice of Approval of Your Application for Assistance" (rev. 2/2009) new or its computer-generated equivalent.

 

(E)(F) If the CDJFS determines a caretaker ineligible for child care benefits or the caretaker fails to provide all required supporting documentation within the thirty day period described in paragraph (C) of this rule as required in paragraph (A) of this rule, the CDJFS shall deny the application. The CDJFS caretaker shall provide receive notice of denial of an application for child care benefits using by the JFS 07334 "Notice of Denial of Your Application for Assistance" (rev. 2/2009) or its computer-generated equivalent.

 

(F)(G) 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 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 follow 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 signed copy of the caretaker's rights and responsibilities section of the JFS 01138 that is signed and dated by the caretaker.

(G) Payment shall be made for authorized 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.

(H) 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. 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.

(H) Upon receipt of a JFS 01137 "The Child Care/Healthy Start and Healthy Families Supplement" (rev. 10/2006), the CDJFS shall:

(1) 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.

(I)  Eligibility for child care shall be redetermined every twelve months.

(1)   The caretaker will be notified in writing of the requirement to redetermine the caretaker's eligibility, no later than forty- five forty-five calendar days prior to the last day of the current eligibility period.

(2)     The  CDJFS  shall  redetermine  eligibility

caretaker  shall  submit  a  current,

completed and signed JFS 01138 and supporting documentation by the last day of the current eligibility period.

(J)     The CDJFS shall propose termination of child care benefits using the JFS 04065 "Prior Notice of Right to a State Hearing" (rev. 5/2001) or its computer-generated equivalent fifteen calendar days prior to the date of the proposed action if any of the following occur:

(1)    The caretaker fails to submit a new JFS 01138 and all required supporting documentation by fifteen days prior to the end of the current eligibility period.

(2)   The CDJFS determines the family is no longer eligible.

(3)    The CDJFS has not processed a caretaker's completed, signed, and submitted JFS 01138 and all required supporting documentation by fifteen days prior to the end of the current eligibility period.

(K) If the CDJFS determines the caretaker eligible for child care benefits for a new twelve month period, the new twelve month period shall begin on the date following the last day of the current eligibility period. The CDJFS shall provide notice of approval for child care benefits using the JFS 04074 or it's computer-generated equivalent.

(L) If the CDJFS determines the caretaker ineligible for childcare benefits for a new twelve month period, the CDJFS shall provide notice of denial of an application for child care benefits using the JFS 07334 or it's computer-generated equivalent.

(K) The CDJFS shall process a caretaker's completed, signed, and submitted JFS 01138 and all required supporting documentation for redetermination prior to the last day of the current eligibility period.

(1) If the CDJFS determines the caretaker eligible for child care benefits for a new twelve month period, the new twelve month period shall begin on the date following the last day of the current eligibility period. The CDJFS shall provide notice of approval for child care benefits using the JFS 04074 or its computer-generated equivalent.

(2) If the CDJFS determines the caretaker ineligible for child care benefits for a new twelve month period, the CDJFS shall provide notice of denial of an application for child care benefits using the JFS 07334 or its computer-generated equivalent.

(L) The CDJFS shall not require a face-to-face interview with the caretaker if the information required for determining the caretaker's eligibility for child care benefits is already on file with the CDJFS and/or the required information can be obtained through other methods.

(M)    When determining eligibility, the The CDJFS shall assure that alternative methods 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 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 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 Ohio department of job and family services (ODJFS) child care web site at http://jfs.ohio.gov/cdc/families.stm,

or via computer. The CDJFS may use and accept electronic records and electronic signatures as specified in Chapter 1306. of the Revised Code.

(N)    The CDJFS shall deny or terminate a caretaker's eligibility for child care benefits, after providing hearing providing hearing notice rights as required by applicable rules in division 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 for current or for past benefits.

(3)   The caretaker does not enter into or comply with an agreement with the CDJFS or ODJFS to repay a child care overpayment.

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

(5)   The caretaker does not pay the required child care copayment unless the family makes arrangements to pay delinquent copayments.

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

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

(8)(7) The caretaker owes a child care overpayment to the CDJFS or ODJFS or the caretaker fails to make or comply with satisfactory arrangements to repay a child care overpayment.

(O)   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 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. This scheduled break cannot exceed one quarter or one semester.

(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 child's visitation with a non-residential caretaker.

(4) A caretaker has a child who is enrolled in a federally funded head start/child care partnership program as defined in rules 5101:2-16-01 and 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.

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

(Q)  If a caretaker moves to another county:

(1)     If neither or only one county is using the statewide automated child care eligibility, authorization and payment system the following apply:

(a)     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 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.

(b)   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.

(2)     If both counties are using the statewide automated child care eligibility, authorization and payment system, procedures outlined by ODJFS shall be followed for transferring a case to a new county.

(R)   Notice and hearing requirements contained in division 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 caretaker within

ten calendar days from the date the change of circumstance was reported by the caretaker.

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

(T)(S) The CDJFS shall not authorize child care services if 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 for the child. This exception shall only apply to a family with more than one caretaker.

(U) A caretaker receiving child care benefits shall report to the CDJFS any changes which may 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.

(1) The caretaker shall report such changes within ten calendar days of the date the change occurs.

(2) If the caretaker fails to comply with the ten day reporting requirement, the CDJFS may pursue a determination of and recovery of any overpayment.

Effective:                                                     08/28/2011

R.C. 119.032 review dates:                         02/01/2012

CERTIFIED ELECTRONICALLY

Certification

08/08/2011

Date

Promulgated Under:                           119.03

Statutory Authority:                           5104.34, 5104.38

Rule Amplifies:                                  5104.30, 5104.32, 5104.34, 5104.38

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, 2/1/07,

2/1/08, 7/1/09, 3/28/2010