5101:1-5-10 Disability financial assistance: nonfinancial eligibility requirements.

 

 

 

5101:1-5-10                 DFA: nonfinancial eligibility requirements.

 

 

 

(A)  Residence

 

(1)   The individual must be physically present in the state of Ohio with the intent to remain. An individual must apply for and receive assistance from the county in which he resides.

 

(2)  Absence from the county for more than thirty days constitutes evidence of intent to establish residence elsewhere, unless a written statement has been submitted to indicate intent to return to the county. The statement must be retained in the case record. The CDJFS shall consider such written statement as acceptable proof of intent to return to the county if the statement includes the reason for the absence and the expected date of return. However, a written statement is not considered acceptable proof of intent to return to the county when the individual contradicts the statement by applying for public assistance in another county or state.

 

(B)  Citizenship/alien status

 

The provisions as set forth in rules 5101:1-2-30 and 5101:1-2-35 of the Administrative Code regarding citizenship and sponsored aliens are applicable for DFA.

 

(C)  Living arrangement

 

(1)   DFA may be given to individuals living in their own homes or other suitable quarters, but shall not be given to individuals who reside in a county home, city infirmary, jail, or public institution.

 

(2)   DFA shall not be given to an unemancipated child unless the child lives with his parent, guardian, or other individual standing in place of a parent and that person is at least eighteen or emancipated. Pregnant minors are subject to this requirement. A child is emancipated if he is married, serving in the armed forces, or has been emancipated by court order. Emancipation is irrevocable, unless the marriage which emancipated the minor is annulled. In order for a child to be eligible for DFA, the child must meet the conditionone of the conditions as set forth in paragraph (D)(1)(a)paragraphs (D)(1)(a) to (D)(1)(b) of rule 5101:1-5-01 of the Administrative Code.

 

(3)    An individual residing in a residential treatment center certified by the Ohio department of alcohol and drug addiction services meets the living arrangement requirement.

 

 

 

(4)     An individual residing in an Ohio department of mental health or Ohio department of mental retardation and developmental disabilities licensed or supervised home is eligible for DFA provided that all other eligibility requirements are met.

(5)   An individual residing in a mental health institution, with an anticipated date of release is potentially eligible. The CDJFS processes the application, even though the living arrangement requirement is not met at the time of application.

(a)   The application for assistance is filed in the county in which the applicant will reside upon release from the mental health facility. The applicant will be assisted through the application process by a social worker in a mental health institution or a case manager from a community mental health agency.

(b)       If all eligibility factors for DFA, with the exception of living arrangements have been met, the CDJFS shall approve the DFA, but have the check directed to the CDJFS, pending release of the applicant from the mental health facility.

(c)   The beginning date of cash assistance will be the date of release from the mental health facility, as all eligibility factors will be met on that date. The mental health workers are being instructed to provide the CDJFS with the latest possible date of release for the individual. If the release occurs earlier than the given date, any underpayment will be provided to the individual.

(d)    The initial DFA warrant shall be picked up at the CDJFS upon the individual's release from the mental health facility. If the individual so chooses, the warrant may be mailed to the residence upon the notification of the individual's release. Subsequent warrants shall be forwarded to the assistance group's residence as is done with all other DFA assistance groups.

(e)      If during the application process, the CDJFS determines that the individual will not be released into the community, the CDJFS shall terminate the DFA and cancel the warrant.

(f)   Many of the individuals applying for DFA will also be applying for SSI. For those individuals, the interim assistance provisions as set forth in rule 5101:1-5-70 of the Administrative Code must be followed.

Effective:                                                     09/29/2005

R.C. 119.032 review dates:                         07/01/2008

CERTIFIED ELECTRONICALLY

Certification

09/19/2005

Date

Promulgated Under:                           111.15

Statutory Authority:                           5115.03

Rule Amplifies:                                  5115.03

Prior Effective Dates:                         7/1/76, 10/10/83 (Temp.), 12/22/83, 9/15/84 (Emer.),

12/15/84, 8/1/85 (Emer.), 10/17/85, 4/1/86, 1/1/89,

1/3/89 (Emer.), 4/1/89, 5/28/89, 4/1/90,

10/1/91(Emer.), 12/20/91, 12/30/93 (Emer.), 3/18/94,

8/1/95 (Emer.), 10/30/95, 3/1/96 (Emer.), 5/30/96,

10/1/96 (Emer.), 12/15/96, 7/1/98, 7/1/99, 1/1/03,

7/1/03 (Emer.), 9/30/03, 7/1/05 (Emer.)