Ohio Adm.Code 5101:14 | Ohio Administrative Code 5101:14 — Department of Job and Family Services | Comprehensive Case Management and Employment Program

Chapter 5101:14-1 Comprehensive Case Management and Employment Program

Ohio Adm.Code 5101:14-1-01 Comprehensive case management and employment program: definitions.

The following definitions apply to this rule and other rules in division 5101:14 of the Administrative Code.

(A) "Adult mentoring" means providing a one-to-one relationship between an adult and a youth, whose purpose is to build positive, supportive relationships between youth and adults and to provide positive adult role models for youth.

(B) "Basic skills deficient" means a youth who has English reading, writing, or computing skills at or below the eighth grade level on a generally accepted standardized test or who is unable to compute or solve problems, or read, write, or speak English, at a level necessary to function on the job, in the individual's family, or in society.

(1) Help an individual enter a career and develop a plan for career advancement within a specific occupation, occupational cluster or industry through increased work experience, education and/or credential attainment.

(2) Align with the skill needs of industries in the economy of the state or regional economy involved;

(3) Prepare an individual to be successful in any of a full range of secondary and postsecondary education options, including apprenticeships registered under the National Apprenticeship Act (1932);

(4) Include counseling to support an individual in achieving the individual's education and career goals;

(5) Include, as appropriate, education offered concurrently with and in the same context as workforce preparation activities and training for a specific occupation or occupational cluster;

(6) Organize education, training, and other services to meet the particular needs of an individual in a manner that accelerates the educational and career advancement of the individual to the extent practicable; and

(7) Enable an individual to attain a secondary school diploma or its equivalent, and at least one recognized post-secondary credential.

(D) "Certificate of high school equivalence" has the same meaning as in section 5107.40 of the Revised Code.

(E) "Chief elected official" means the chief elected executive officer of a unit of general local government in the local area or, in the case of a local area that includes more than one unit of general local government, the individual or individuals designated as the chief elected official or officials in an agreement that specifies the roles of chief elected executive officers in the local area.

(F) "Comprehensive guidance and counseling" includes drug and alcohol counseling, mental health counseling, and referral to partner programs for such services.

(G) "Coordination" means collaboration between comprehensive case management and employment program (CCMEP) lead agencies, the local board, subcontractors, county departments of job and family services, and the OhioMeansJobs (OMJ) centers in order to increase youth access and connections to CCMEP services. Access and connections includes any of the following:

(1) Coordination and provision of youth activities.

(2) Linkages to the job market and employers to facilitate job placement.

(3) Access to CCMEP for eligible youth.

(4) Services for non-eligible youth such as basic labor exchange services, other self-service activities such as job searches, career exploration, use of career center resources, and referral as appropriate.

(5) Other activities described in section 129(b) and (c) of the Workforce Innovation and Opportunity Act of 2014 (WIOA).

(6) Co-locating CCMEP staff at the OMJ center.

(H) "Eligible training providers" means entities, such as institutions of higher education, registered apprenticeship programs, recognized pre-apprenticeship programs, or other public or private providers of a program of training service, which are eligible to receive WIOA funding based upon meeting certain criteria established by the state.

(I) "Enrollment" begins with the date a program participant acknowledges the individual opportunity plan (IOP) which includes the assignment and provision of at least one CCMEP service and ends with exit in accordance with rule 5101:14-1-06 of the Administrative Code.

(1) This IOP data shall be inputted into Ohio's workforce case management system as described in paragraph (H)(1) of rule 5101:14-1-04 of the Administrative Code.

(2) For Ohio works first work-eligible individuals, enrollment shall begin no sooner than the date cash has been authorized.

(J) "Entrepreneurial skills training" provides training on the basics of starting and operating a small business.

(K) "Exit" means the process of ending a program participant's services in the CCMEP.

(L) "Exit date" means the date when the last service ended and there are no plans to provide the participant with future services. This date cannot be determined until at least ninety days have elapsed since the program participant last received services. This does not include a self-service, information-only service, or follow-up service.

(M) "Fiscal biennial period" means a two-year period beginning on the first day of July of an odd-numbered year and ending on the last day of June of the next odd-numbered year.

(N) "Follow-up services" are the services provided after exiting to ensure youths' success during their transition to employment and further education and to provide assistance as needed for a successful transition.

(O) "Incentive" means a payment to a program participant for successful participation and achievement of milestones in the program tied to work experience, education, or training as defined in the IOP and shall not be temporary asssitance for needy families (TANF) assistance as defined in 45 C.F.R. 260.31 (1999). Education-related incentives may be provided to participants during the follow-up period if the participant is eligible for a CCMEP funded service.

(P) "In-demand occupations" means an occupation that currently has or is projected to have a number of positions (including positions that lead to economic self-sufficiency and opportunities for advancement) in an industry sector so as to have a significant impact on the state, regional economy as listed on the state in-demand occupations list and listed on the local in-demand occupations list as defined by the local board.

(Q) "In-school youth" has the same meaning as that term is defined in rule 5101:10-3-01 of the Administrative Code.

(R) "Individual Opportunity Plan (IOP)" documents the individual service strategy (ISS) outlined in rule 5101:14-1-04 of the Administrative Code and is mutually developed, implemented, and revised by the client and case manager to include a set of employment, education, and personal development goals, service objectives, and a plan of action to achieve the identified goals, services provided, and results.

(S) "Individual training accounts" means a method to finance training which are established on behalf of the program participant to purchase a program of training services from eligible training providers. Costs must be reasonable and necessary and must represent a sound investment of public funds.

(1) Individual training account (ITA) expenditures are costs required by the training institution to complete the training. ITA costs required to complete the training may include, but are not limited to: tuition and fees; books, tools; uniforms; tests; and for WIOA funding only, medical immunization/tests.

(2) ITA costs do not include any supportive service costs related to the ITA (e.g. transportation or child care).

(T) "Individual with a disability" means an individual who has, appears to have, or is regarded as having a physical, or mental impairment that substantially limits one or more major life activity. The terms "physical impairment", "mental impairment" and "major life activity" shall have the same meaning as those terms are defined in rule 5101:9-2-02 of the Administrative Code.

(U) "Lead agency" means the local participating agency designated under section 5116.22 of the Revised Code to serve for a fiscal biennial period, or part thereof, as a county's lead agency for the purpose of CCMEP.

(V) "Leadership development opportunities" means opportunities that encourage responsibility, confidence, employability, self-determination and other positive social behaviors including, but not limited to:

(1) Exposure to post-secondary educational possibilities;

(2) Community and service learning projects;

(3) Peer-centered activities, including peer mentoring and tutoring;

(4) Organizational and team work training, including team leadership training;

(5) Training in decision-making, including determining priorities and problem solving;

(6) Citizenship training, including life skills training such as parenting and work behavior training;

(7) Civic engagement activities which promote the quality of life in a community; and

(8) Other leadership activities that place youth in a leadership role such as serving on youth leadership committees.

(W) "Local area" has the same meaning as in section 6301.01 of the Revised Code.

(X) "Local participating agencies" means the county department of job and family services and workforce development agency that serve the same county.

(Y) "Local board" means a local workforce development board established under section 107 of WIOA.

(Z) "Low income individual" has the same meaning as that term is defined in rule 5101:10-3-01 of the Administrative Code.

(AA) "Occupational skills training" means a CCMEP service that is a training program providing specific vocational skills that lead to proficiency in performing actual tasks and technical functions required by certain occupational fields at entry, intermediate, or advance levels and results in attainment of a certificate or recognized post-secondary credential.

(BB) "Ohio works first" has the same meaning as in section 5107.02 of the Revised Code.

(CC) "On-the-job training" means a type of work experience where training is provided by an employer to a paid program participant while engaged in productive work in a job that:

(1) Provides knowledge or skills essential to the full and adequate performance of the job;

(2) Is made available through a program that provides reimbursement to the employer of a percentage of wage rate of the participant; and

(3) Is limited in duration as appropriate to the occupation for which the participant is being trained, taking into account the content of the training, prior work experience of the participant, and the IOP for the participant.

(DD) "Out-of-school youth" has the same meaning as that term is defined in rule 5101:10-3-01 of the Administrative Code.

(EE) "Prevention, retention, and contingency program" has the same meaning as in section 5108.01 of the Revised Code.

(FF) "Program participant" means an individual who:

(1) Is an eligible mandatory or voluntary CCMEP participant;

(2) Has acknowledged an IOP that includes one or more services that have been entered into Ohio's workforce case management system; and

(3) Has not been exited from participation in CCMEP in accordance with rule 5101:14-1-06 of the Administrative Code.

(GG) "Program year" means the time period beginning on July first and ending on June thirtieth.

(HH) "Recognized post-secondary credential" means a credential consisting of an industry-recognized certificate or certification, certificate of completion of an apprenticeship, a license recognized by the state or federal government, or an associate or baccalaureate degree.

(II) "Service" means one of the fourteen services made available to program participants in accordance with rule 5101:14-1-02 of the Administrative Code.

(JJ) "Subcontractor" means an entity with which a local participating agency contracts to perform, on behalf of the local participating agency, one or more of the local participating agency's duties regarding CCMEP. For purposes of this chapter, the term subcontractor may also include a subrecipient based on the relationship the local participating agency has with the entity.

(KK) "Supportive services" are intended to enable an individual to participate in CCMEP services and/or to secure and retain employment. Supportive services must be reasonable and necessary and may include but are not limited to linkages to, referrals to or assistance with:

(1) Community services;

(2) Access to health care;

(3) Transportation, child and dependent care, housing, uniforms, work attire and work-related tools;

(4) Books, fees, school supplies, and other necessary items for students enrolled in post-secondary education classes;

(5) Payments and fees for employment and training-related applications, tests, and certifications;

(6) Educational testing; and

(7) Reasonable accommodations for youth with disabilities.

(LL) "TANF" means the program established in accordance with Title IV-A of the Social Security Act, 42 U.S.C. 601 (1997).

TANF funds shall be used in a manner reasonably calculated to accomplish one or more of the following purposes:

(1) Provide assistance to needy families so that children may be cared for in their own homes or in the homes of relatives;

(2) End the dependence of needy parents on government benefits by promoting job preparation, work and marriage;

(3) Prevent and reduce the incidence of out-of-wedlock pregnancies and establish annual numerical goals for preventing and reducing the incidence of these pregnancies; or

(4) Encourage the formation and maintenance of two-parent families.

(MM) "TANF assistance" means:

(1) Cash, payments, vouchers, and other forms of benefits designed to meet a family's ongoing basic needs (i.e., for food, clothing, shelter, utilities, household goods, personal care items, and general incidental expenses). It includes such benefits even when they are:

(a) Provided in the form of payments by a TANF agency, or other agency on its behalf, to individual recipients; and

(b) Conditioned on participation in work experience or community service (or any other work activity described in 45 C.F.R. 261.30 (2008)).

(c) Except where excluded under paragraph (MM)(2) of this rule, it also includes supportive services such as transportation and child care provided to families who are not employed.

(2) TANF assistance excludes:

(a) Non-recurrent, short-term benefits that:

(i) Are designed to deal with a specific crisis situation or episode of need;

(ii) Are not intended to meet recurrent or ongoing needs; and

(iii) Will not extend beyond four months.

(b) Work subsidies (i.e. payments to employers or third parties to help cover the costs of employee wages, benefits, supervision, and training);

(d) Refundable earned income tax credits;

(e) Contributions to, and distributions from, individual development accounts (IDAs);

(f) Services such as counseling, case management, peer support, child care information and referral, transitional services, job retention, job advancement, and other employment-related services that do not provide basic income support, and

(g) Transportation benefits provided under a job access or reverse commute.

(NN) "TANF block grant" means the TANF block grant established by Title IV-A of the "Social Security Act" (05/2006).

(OO) "WIOA Fiscal agent" means the entity designated by the chief elected official in accordance with section 107(d)(12)(B)(i)(II) of WIOA to assist in the administration of WIOA grant funds under the direction of the local board. The WIOA fiscal agent shall receive and manage all formula WIOA funds for the area and other federal, state, or local funds allocated to the local area.

(PP) "Work-eligible individual" has the same meaning as defined in rule 5101:1-3-12 of the Administrative Code.

(QQ) "Work experience" means a CCMEP service that is a planned, structured learning experience that takes place in a workplace for a limited period of time.

(RR) "Workforce development activity" has the same meaning as in section 6301.01 of the Revised Code.

(SS) "Workforce development agency" means a public or private entity designated or certified by a local board to coordinate the delivery of workforce services for a county.

(TT) "Workforce Innovation and Opportunity Act" (WIOA) means Pub. L. No. 113-128, 29 U.S.C. 3101 (2014). WIOA supersedes the Workforce Investment Act of 1998 and amends the Adult Education and Family Literacy Act (1998), the Wagner-Peyser Act (1998), and the Rehabilitation Act of 1973. The purpose of WIOA is to:

(1) Increase opportunities for individuals, particularly those with barriers to employment;

(2) Support alignment of workforce investment, education, and economic development systems;

(3) Provide workers with the skills and credentials to secure and advance in employment;

(4) Promote improvement in the structure and delivery of services;

(5) Increase prosperity of workers and employers; and

(6) Increase the employment, retention, and earnings of participants and increase the attainment of recognized post-secondary credentials.

(UU) "Youth workforce investment activity funds" means funds allocated or granted under Title I, Subtitle B, Chapter 2 of WIOA, for youth workforce investment activities.

Last updated November 29, 2021 at 9:49 AM

History

Effective: November 28, 2021
Promulgated Under: 119.03

Ohio Adm.Code 5101:14-1-06

(A) When may a lead agency propose to end comprehensive case management and employment program (CCMEP) services for a program participant?

The lead agency may propose to end CCMEP services for a program participant who is not an Ohio works first (OWF) mandatory participant between the ages of fourteen and twenty-four in receipt of OWF when:

(1) The program participant has successfully entered post-secondary education, military enlistment or deployment, and/or unsubsidized employment and no longer needs CCMEP services;

(2) The program participant has been awarded social security disability insurance (SSDI) or supplemental security income (SSI) by the social security administration and has made application for services with opportunities for Ohioans with disabilities; or

(3) The program participant has not engaged in CCMEP services and activities on at least five occasions without explanation and the lead agency has made reasonable efforts to provide services and to re-engage the program participant.

(4) The program participant is not eligible for temporary assistance for needy families (TANF) or Workforce Innovation and Opportunity Act of 2014 (WIOA) funding; or the lead agency lacks funding the program participant is eligible for in accordance with paragraph (E) of this rule.

(B) What is the process for exiting someone from CCMEP?

The lead agency shall begin the ninety-day exit process for program participants who meet the exit reason in paragraph (A)(4) of this rule immediately. For all other program participants, the lead agency shall:

(1) Ensure that the program participant does not require any additional services or that the lead agency has made reasonable efforts to provide the program participant with CCMEP services and the program participant has failed to utilize them on at least five occasions without explanation.

(2) Begin the ninety-day exit process after issuing notice of adverse action to the program participant at least thirty days prior to ending all services in accordance with rule 5101:6-2-04 of the Administrative Code, and notwithstanding the fifteen-day notice period referenced in paragraph (A) of rule 5101:6-2-04 of the Administrative Code.

(3) Continue to attempt to engage the program participant in accordance with paragraph (A)(1)(a) of rule 5101:14-1-05 of the Administrative Code during the ninety-day period. Each attempt to engage shall be documented in Ohio's workforce case management system. When a program participant reengages in CCMEP within ninety days of the adverse action notice, the lead agency shall reevaluate the service strategy appropriate for the program participant and determine what additional services (if any) are needed.

(a) When additional services are needed, the program participant shall remain in CCMEP;

(b) When services are not provided for ninety consecutive days and future services have not been scheduled, the program participant shall be exited from CCMEP. The lead agency shall provide follow-up services in accordance with paragraph (D) of this rule. Follow-up service is not considered a future service.

(4) Comply with the complaint and appeal process described in rule 5101:6-10-01 of the Administrative Code.

(1) A twenty-four-year-old program participant who reaches his or her twenty-fifth birthday while in CCMEP may remain in CCMEP until he or she meets the criteria for exit described in paragraph (A) of this rule.

(2) Once a program participant exits CCMEP in accordance with paragraph (A) of this rule, the individual may not return to CCMEP if he or she is age twenty-five or older.

(D) What are the follow-up services?

Follow-up services are critical services provided following a program participant's exit from CCMEP to help ensure job retention or successful participation in post-secondary education and training. At the time of enrollment, program participants shall be informed that follow-up services will be provided for a minimum duration of twelve months following exit.

(1) All program participants must receive some form of follow-up services described in paragraph (E)(9) of rule 5101:14-1-02 of the Administrative Code, for a minimum duration of twelve months, unless the participant declines to receive follow-up services or the participant cannot be located or contacted. All program participants shall be offered an opportunity to receive follow-up services that align with their individual opportunity plan (IOP). The lead agency shall document when a program participant cannot be located or contacted for follow-up services and when the program participant requests to opt out or discontinue follow-up services in Ohio's workforce case management system. Follow-up services may be provided beyond twelve months at the discretion of the lead agency.

(2) Follow-up services may begin no earlier than the day the notice is issued in accordance with paragraph (B) of this rule.

(3) The types of services provided and the duration of services must be determined based on the needs of the individual, and therefore, the type and intensity of follow-up services may differ for each program participant based on needs and their IOP. However, follow-up services must include more than only a contact attempted or made for securing documentation in order to report a performance measure.

(E) What if a program participant is not eligible for TANF or WIOA funding; or the lead agency lacks funding the program participant is eligible for?

(1) When in accordance with paragraph (B) of rule 5101:14-1-04 of the Administrative Code, a program participant is not eligible for TANF or WIOA funding; or a program participant is eligible for TANF or WIOA funding, and both TANF and WIOA funding is lacking or unavailable to serve the program participant, the lead agency shall:

(a) Immediately end all CCMEP services; and

(b) Issue a notice of adverse action to the program participant in accordance with rule 5101:6-2-04 of the Administrative Code.

(2) A program participant who is exited in accordance with this paragraph shall not:

(a) Participate in CCMEP without meeting the criteria described in paragraph (B) of rule 5101:14-1-02 of the Administrative Code; or

(b) Receive follow-up services in accordance with this rule.

Last updated November 29, 2021 at 9:50 AM

History

Effective: November 28, 2021
Promulgated Under: 119.03

Ohio Adm.Code 5101:14-1-04

(A) What is a referral?

(1) A referral is the act of directing an individual to the lead agency no later than seven calendar days from when the individual is required or volunteers to participate as described in paragraph (B) of rule 5101:14-1-02 of the Administrative Code in the comprehensive case management and employment program (CCMEP).

(2) A referral shall take place for Ohio works first (OWF) work-eligible individuals as described in paragraph (B)(2) of rule 5101:1-2-01 of the Administrative Code.

(B) How is funding eligibility determined?

The lead agency shall ensure that the JFS 03002 "CCMEP WIOA Youth & CCMEP TANF Program Eligibility Application" or Ohio's workforce case management system generated equivalent is completed prior to the comprehensive assessment for each mandatory or voluntary individual. The lead agency shall use the JFS 03002 to determine if the individual is eligible to receive funding through the Workforce Innovation and Opportunity Act of 2014 (WIOA) and temporary assistance for needy families (TANF).

(1) An individual shall be determined eligible to receive services in CCMEP funded by WIOA when that individual is either an in-school youth or out-of-school youth as defined in rule 5101:14-1-01 of the Administrative Code.

(2) An individual shall be determined eligible to receive services in CCMEP funded by TANF when that individual:

(a) Has (or has applied for) a social security number;

(b) Is a United States citizen or non-citizen national or qualified alien as those terms are defined in rule 5101:1-2-30 of the Administrative Code;

(c) Is not a member of an assistance group in which a member owes fraudulent TANF assistance until the fraudulent payment has been paid in full or the assistance group member who owes the fraudulent assistance is no longer in the same household;

(d) Has been afforded the opportunity to register to vote if the individual is eligible to register under section 3503.011 of the Revised Code;

(e) Has gross income in the previous thirty calendar day period of less than two hundred per cent of the federal poverty level or is currently receiving SNAP benefits as referenced in rule 5101:4-4-11 of the Administrative Code; and

(f) Is one of the following:

(i) A minor child;

(ii) The parent, specified relative, legal guardian or legal custodian of a minor child;

(iii) A non-custodial parent who lives in the state, but does not reside with his/her minor child(ren);

(iv) A pregnant individual; or

(v) An individual age eighteen to twenty-four that is part of a family that includes a minor child.

The comprehensive assessment is the process:

(1) For determining the education, skill levels, and job readiness of program participants;

(2) To identify barriers to self-sufficiency;

(3) To identify individual strengths; and

(4) To identify the services necessary to overcome the identified barriers through CCMEP.

(D) What is included in the comprehensive assessment?

(1) The lead agency shall utilize Ohio's workforce case management system to complete the program participant's comprehensive assessment as described in paragraph (H)(2) of this rule and the lead agency may utilize:

(a) The JFS 03006 "Comprehensive Case Management and Employment Program (CCMEP) Comprehensive Assessment - Secondary School"; or

(b) The JFS 03003 "Comprehensive Case Management and Employment Program (CCMEP) Comprehensive Assessment."

(2) The comprehensive assessment includes, but is not limited to, a review of the following:

(a) Occupational skills;

(b) Prior work experience;

(d) Interests;

(e) Aptitudes;

(f) Supportive service needs; and

(g) Developmental needs.

(3) A basic skills assessment chosen by the lead agency, in collaboration with the local board that utilizes a valid and appropriate tool to measure skill level as well as skills-related gains. Reasonable accommodations will be provided in the assessment process, if necessary, for individuals with disabilities as described in paragraph (A)(10) of rule 5101:10-3-01 of the Administrative Code. Assessments that determine an individual's grade level equivalent or educational functioning level may be utilized but are not required.

(E) What is an individual service strategy (ISS)?

An ISS is a strategy to serve the individual's needs based on the results of the comprehensive assessment. An ISS includes:

(1) Identification of the program participant's career pathway that includes employment and educational goals;

(2) Identification of services necessary for the program participant to achieve goals and objectives;

(3) Assignment to activities based on the service(s) needed; and

(4) Development of an individual opportunity plan (IOP) in accordance with this rule.

(F) What is an IOP?

An IOP documents the ISS and is mutually developed, implemented, and revised to include:

(1) A set of employment, education, and personal development goals;

(2) Service objectives and a service plan of action needed to achieve the identified goals; and

(3) To document services provided and results.

(G) What information is included in the IOP?

The lead agency shall utilize Ohio's workforce case management system to complete the program participant's IOP and may utilize the JFS 03004 "Comprehensive Case Management and Employment Program (CCMEP) Individual Opportunity Plan" as described in paragraph (H)(2) of this rule. Information that must be in the IOP includes, but is not limited to:

(1) The dates or timeframes the IOP will be reviewed and/or revised;

(2) The strengths and barriers to employment identified through the comprehensive assessment;

(3) The program participant's plan to overcome barriers and achieve the goal of self-sufficiency, including but not limited to:

(a) Employment and education goals, including identification of a career pathway;

(b) Appropriate achievement objectives;

(d) Support for the individual to obtain a high school diploma or a certificate of high school equivalence;

(e) Job placement;

(f) Job retention support;

(g) Other services that aid the individual in achieving the plan's goals; and

(h) Incentives.

(4) A requirement that the program participant register with the OhioMeansJobs website (www.ohiomeansjobs.com) unless the program participant is legally prohibited from using a computer, has a physical or visual impairment that makes the program participant unable to use a computer, or has a limited ability to read, write, speak, or understand a language in which OhioMeansJobs is available;

(5) The detailed information on the services (including supportive services) the program participant will receive and how the lead agency will provide those services;

(6) The activities in which the program participant will engage. If the program participant discloses, has, or appears to have a physical or mental condition that substantially limits one or more major life activities, the IOP shall include a description of each reasonable modification requested and made for the participant (if any) and the necessary referrals made to assist in obtaining additional services; and

(7) The number of months a program participant has participated in OWF that were subject to the time-limit described in rule 5101:1-23-01 of the Administrative Code.

(H) How are the comprehensive assessment and IOP administered?

(1) An OWF work-eligible individual eligible for CCMEP as described in paragraph (B)(1)(a) of rule 5101:14-1-02 of the Administrative Code shall complete the comprehensive assessment and IOP in place of the OWF appraisal and self-sufficiency contract. For OWF work-eligible applicants, the IOP is to be completed and input into the case management system within thirty calendar days from the date of application for OWF as described in paragraph (D)(6) of rule 5101:14-1-05 of the Administrative Code.

(2) A non-OWF-work-eligible individual eligible for CCMEP is to complete the comprehensive assessment and IOP within sixty calendar days from the date the individual was referred to CCMEP.

(3) The IOP shall end upon the exit of a program participant in accordance with rule 5101:14-1-06 of the Administrative Code.

(4) The services an individual receives in accordance with an IOP are inalienable by way of assignment, charge, or otherwise and exempt from execution, attachment, garnishment, and other similar processes.

(5) All case management information is to be input into Ohio's workforce case management system within thirty days of occurrence as described in rule 5101:9-30-04 of the Administrative Code.

(I) What other requirements pertain to the revision of an IOP?

When a program participant moves to another county and it is in the best interest of the program participant to be transferred in the new county, the lead agency must notify the new lead agency of the move within ten calendar days as described in paragraph (D)(1)(m) of rule 5101:14-1-02 of the Administrative Code. OWF recipients shall be transferred to a new county within ten calendar days of the move. When a program participant will be served by a new lead agency, a revised IOP shall be developed within ten calendar days of the transfer notification.

Last updated November 29, 2021 at 9:49 AM

History

Effective: November 28, 2021
Promulgated Under: 119.03

Ohio Adm.Code 5101:14-1-02

(A) What is the comprehensive case management and employment program?

(1) The comprehensive case management and employment program (CCMEP) is a Title IV-A program, a family services duty, and workforce development activity that provides employment, training services and other supportive services to mandatory and voluntary program participants based upon a comprehensive assessment of an individual participant's employment and training needs.

(2) The purpose of CCMEP is to help participants enter a career pathway and attain long-term self-sufficiency prior to program exit in accordance with rule 5101:14-01-06 of the Administrative Code.

(B) Who participates in CCMEP?

(1) The following individuals who are at least fourteen but not more than twenty-four years of age are required to participate in CCMEP:

(a) Participants in the Ohio works first (OWF) program who have been determined to be work-eligible in accordance with rules 5101:1-2-01 and 5101:1-3-12 of the Administrative Code.

(b) Each individual who is an in-school youth or out-of-school youth as a condition of enrollment in workforce development activities funded by the Workforce Innovation and Opportunity Act (2014) (WIOA).

(2) The following individuals who are at least fourteen but not more than twenty-four years of age may volunteer to participate in CCMEP:

(a) Any OWF participant who has not been determined to be a work-eligible individual in accordance with rule 5101:1-3-12 of the Administrative Code.

(b) Any individual eligible for TANF benefits and services in accordance with rule 5101:14-1-04 of the Administrative Code who volunteers for CCMEP.

Each local board shall decide whether to authorize the use of its youth workforce investment activity funds for CCMEP as described in paragraph (C) of this rule. The decision shall be made not later than thirty calendar days before the beginning of each fiscal biennial period. A local board's decision applies to all of the counties the local board serves.

(1) If a local board decides under section 5116.20 of the Revised Code not to authorize the use of its youth workforce investment activity funds for CCMEP for a fiscal biennial period, all of the following shall apply to that fiscal biennial period:

(a) The local board shall use its youth workforce investment activity funds in accordance with section 129 of WIOA.

(b) No temporary assistance for needy families (TANF) block grant funds shall be made available for CCMEP to the local board or any county the local board serves.

(c) The Ohio department of job and family services (ODJFS) shall use available TANF block grant funds to administer, or to contract with a government or private entity to administer CCMEP in the counties the local board serves.

(2) If a local board decides under section 5116.20 of the Revised Code to authorize the use of its youth workforce investment activity funds for CCMEP for a fiscal biennial period, all of the following shall apply to that fiscal biennial period:

(a) Before the beginning of the fiscal biennial period, the local board shall authorize the use of its youth workforce investment activity funds by submitting either an agreement or an official board-approved resolution to ODJFS that, to the extent permitted by federal law, requires the local board and the counties the local board serves to operate CCMEP in accordance with the program's requirements, including the requirements established by Chapter 5116. of the Revised Code, rules adopted under section 5116.06 of the Revised Code, and any other rules applicable to the program.

(b) Before the beginning of the fiscal biennial period, the board of county commissioners of each of the counties the local board serves shall designate either of the local participating agencies to serve as the county's lead agency for purposes of CCMEP.

(3) After the board of county commissioners designates a local participating agency to serve as the county's lead agency for a fiscal biennial period, the board may designate the other local participating agency to take over as the county's lead agency for the remainder of the fiscal biennial period.

(4) The board of county commissioners shall inform ODJFS of its designation of the lead agency under paragraph (C)(2)(b) of this rule before the beginning of the fiscal biennial period for which the designation is made. The board shall notify ODJFS of any redesignation of a lead agency under paragraph (C)(3) of this rule not later than sixty calendar days after the redesignation takes effect.

(D) What are the requirements of the lead agency?

(1) Each lead agency, in consultation with the local board that serves the same county shall, in accordance with rules adopted under sections 5116.06 and 5107.05 of the Revised Code, do all of the following for the fiscal biennial period, or part thereof, for which the lead agency has been designated:

(a) Prepare and submit the JFS 03001 "Comprehensive Case Management and Employment Program (CCMEP) Plan" to ODJFS containing standard procedures for administration of CCMEP that are consistent with agency 5101 of the Administrative Code not later than thirty calendar days before the beginning of each fiscal biennial period;

(b) Administer the CCMEP program in the county for which it is designated to serve as lead agency in accordance with applicable federal and state laws and regulations to the extent funds are available within the county's TANF and WIOA allocations for the purpose of administering CCMEP;

(i) Actively coordinate activities regarding the program;

(ii) Establish guidelines for the uniform administration of CCMEP including but not limited to:

(a) The procurement of services;

(b) The selection of a basic skills assessment;

(c) Ensuring the determination of eligibility for the WIOA youth program in accordance with rule 5101:10-3-01 of the Administrative Code;

(d) Reporting and collecting data;

(e) Contract monitoring and compliance;

(f) Compliance with relevant policies of the local board; and

(iii) Use their expertise in administering the program.

(d) Utilize Ohio's workforce case management system for the administration and case management of CCMEP;

(e) Cooperate with the WIOA fiscal agent in the execution of its responsibilities as described in rule 5101:9-7-05 of the Administrative Code including but not limited to taking all appropriate actions, including executing agreements, grants, and contracts necessary to expend WIOA funds.

(f) Ensure that TANF funds expended or claimed for CCMEP are allowable uses of federal Title IV-A funds under sections 401 and 404(a) of the "Social Security Act," 42 U.S.C. 601 (1997), 604(a) (2012), 608 (2012), and 45 C.F.R. 260.31 (1999).

(g) A lead agency shall use the funds in a manner consistent with federal and state law. The lead agency shall coordinate this responsibility with any entity that has been designated to serve as a local grant subrecipient or a local fiscal agent under section 107(d)(12)(B)(i)(II) of WIOA. Liability for misuse of CCMEP funds shall be as set forth in applicable TANF and WIOA law.

(h) Meet performance measures described in rule 5101:14-1-07 of the Administrative Code.

(i) Make the fourteen services described in paragraph (E) of this rule available to each program participant.

(j) Determining eligibility for WIOA and TANF in accordance with paragraph (B) of rule 5101:14-1-04 of the Administrative Code.

(k) When a program participant is determined to have committed an intentional program violation (IPV) of OWF or PRC program, the lead agency shall not provide TANF funded services as part of CCMEP during the penalty period.

(l) When a county department of job and family services is investigating an alleged IPV or is establishing an erroneous payment to a program participant, the lead agency shall cooperate with the investigation and provide supporting documentation of TANF funded services provided to a program participant.

(m) When a program participant transfers from one county into a new county that the lead agency serves, a revised IOP shall be developed within ten calendar days of the transfer notification as described in paragraph (I) of rule 5101:14-1-04 of the Administrative Code.

(n) Lead agencies and contracted CCMEP providers are to partner with their local board, local economic development entities, chambers of commerce, education/training providers, and businesses to support local economic growth, meet business needs, build trusting relationships, develop job opportunities for CCMEP participants, and provide support to businesses for job retention and support for participants for retention and career advancement.

(2) If a board of county commissioners redesignates the lead agency under division (B) of section 5116.22 of the Revised Code during a fiscal biennial period, the new lead agency shall prepare and submit to ODJFS a new plan under paragraph (D)(1)(a) of this rule not later than sixty calendar days after the redesignation takes effect.

(3) Each local board shall ensure that the plans prepared under paragraph (D)(1)(a) of this rule by the lead agencies serving the same counties the board serves are included in the local board's WIOA youth plan prepared under section 6301.07 of the Revised Code and 20 C.F.R 679.560 (as in effect on July 19, 2021).

(4) If a lead agency fails to enroll in CCMEP an individual who is required by section 5116.10 of the Revised Code to participate in the program and to take corrective action that ODJFS requires the lead agency to take as a consequence of that failure, ODJFS may take the following actions:

(a) Require the responsible lead agency to comply with a corrective action plan pursuant to a time schedule specified by ODJFS. The corrective action plan shall be established or approved by ODJFS and require a lead agency to commit to the plan existing resources identified by ODJFS.

(b) When the lead agency does not comply with a corrective action plan, ODJFS may perform or contract with a government or private entity for the entity to perform, the family services duty until ODJFS is confident that the responsible lead agency can perform the duty satisfactorily. If ODJFS performs or contracts with an entity to perform a family services duty under division (C)(5) of section 5101.24 of the Revised Code, ODJFS may do either or both of the following:

(i) Spend TANF funds in the county treasury appropriated by the board of county commissioners for the duty;

(ii) Withhold TANF funds allocated or reimbursements due to the responsible lead agency for the duty and spend the funds for the duty.

(E) What are the services that shall be made available to each program participant?

(1) Tutoring, study skills training, instruction and evidence-based dropout prevention and recovery strategies that lead to completion of the requirements for a secondary school diploma or its recognized equivalent (including a recognized certificate of attendance or similar document for individuals with disabilities) or for a recognized postsecondary credential.

(2) Alternative secondary school services or dropout recovery services. This includes alternative secondary school services such as basic education skills training, individualized academic instruction, and English as a second language training. These services assist the program participant who has struggled in traditional secondary education. Dropout recovery services include credit recovery, counseling, and educational plan development. Dropout recovery services assist program participants who have dropped out of school.

(3) Planned, structured learning through paid or unpaid work experiences that have academic and occupational education as a component. This service is subsidized employment when a private or public sector employer receives a subsidy from TANF funds to offset some or all of the wages and costs of employing a program participant. When a paid work experience is funded by TANF, program participants are to be paid by a payroll vendor or employer. Work experiences are to follow 20 C.F.R. 683.250 and 20 C.F.R 683.255 (as both in effect on July 19, 2021), and may include the following types of work experiences:

(a) Summer employment opportunities and other employment opportunities available throughout the school year;

(b) Pre-apprenticeship programs designed to prepare individuals to enter and succeed in an apprenticeship program registered under the National Apprenticeship Act (1932);

(d) On-the-job training opportunities;

(4) Occupational skill training, which includes priority consideration for training programs that lead to recognized post-secondary credentials that align with in-demand industry sectors or occupations in the state or in the local area involved, if the local board determines that the programs meet the quality criteria described in WIOA sections 122 and 123.

(a) Individual training accounts (ITAs) may be established for program participants that are out-of school youth. ITAs are established on behalf of the participant to purchase a program of training services from eligible training providers listed on the workforce inventory of education and training (WIET).

(b) By using an individual training account (ITA), a procured provider of CCMEP services would not have to be used to provide the occupational skills training.

(c) If an ITA is used to fund occupational skills training, eighty-five per cent of all individual training accounts for the program year must be for training in an occupation that is on the state in-demand occupation list. Upon request from a lead agency, ODJFS may waive the limitation on funding.

(5) Education offered concurrently with workforce preparation activities and training for a specific occupation. This includes programs that provide workforce preparation activities, basic academic skills, and hands-on occupational skills training being taught within the same time frame and connected to training in a specific occupation, occupational cluster, or career pathway.

(6) Leadership development opportunities, including community service and peer-centered activities encouraging responsibility and other positive social and civic behaviors.

(7) Supportive services to enable a youth to participate in CCMEP. In accordance with rule 5101:1-3-13 of the Administrative Code, the failure to provide supportive services necessarily related to participation in an assigned CCMEP service is good cause for failing to participate in the service for OWF work-eligible individuals.

(8) Adult mentoring for a duration of at least twelve months that may occur both during and after participation in CCMEP.

(9) Follow-up services for not less than twelve months after the completion of participation in CCMEP as described in paragraph (D) of rule 5101:14-1-06 of the Administrative Code. Follow-up services may vary dependent on each program participant's needs and the IOP in effect upon exit, and are intended to provide the necessary support to ensure the program participant's post-program success, including but not limited to:

(a) Supportive services;

(b) Regular contact with program participants and their employers, including assistance addressing work-related problems;

(c) Services that provide labor market and employment information about in-demand industry sectors or occupations available in the local area, such as career awareness, career counseling, and career exploration services.

(d) Financial literacy education;

(e) Adult mentoring; and

(f) Activities that help the program participant prepare for and transition to post-secondary education.

(10) Comprehensive guidance and counseling, which may include drug and alcohol abuse counseling, as well as referrals to counseling, as appropriate to the needs of the individual youth;

(11) Financial literacy education. This includes a program service provided to gain an understanding of basic financial information which is necessary to become self-sufficient, and includes but is not limited to the following:

(a) Supporting the ability of CCMEP participants to create household budgets, initiate saving plans, and make informed financial decisions about education, retirement, home ownership, wealth building, or other savings goals;

(b) Supporting the ability to manage spending, credit, and debt, including credit card debt, effectively;

(c) Increasing awareness of the availability and significance of credit reports and credit scores in obtaining credit, including determining their accuracy;

(d) Supporting the ability to understand, evaluate, and compare financial products, services, and opportunities; and

(e) Supporting activities that address the particular financial literacy needs of non-English speakers.

(12) Entrepreneurial skills training;

(13) Services that provide labor market and employment information about in-demand industry sectors or occupations available in the local area, such as career awareness, career counseling, and career exploration services; and

(14) Post-secondary preparation and transition activities.

(F) Who should supervise the provision of services for program participants?

Services are supervised by the lead agency and are not to be supervised by someone with a close relationship to the participant in accordance with rule 5101:10-3-01 of the Administrative Code.

(G) When can incentives be made available to program participants?

(1) Incentives may be made available to participants enrolled in the CCMEP program during participation. Incentives are payments to a program participant for successful achievement of milestones in the program tied to work experience, education, or training as defined in the IOP. Incentives may also be provided during the follow-up period for education-related achievements.

(2) Incentives are not to be TANF assistance as defined in 45 C.F.R. 260.31 (as in effect on July 19, 2021) and are to comply with the uniform guidance outlined in 2 C.F.R. 200 (as in effect on July 19, 2021).

Last updated November 29, 2021 at 9:49 AM

History

Effective: November 28, 2021
Promulgated Under: 119.03

Ohio Adm.Code 5101:1-2-01

This rule describes the county agency responsibilities for conducting an interview and a comprehensive assessment when an individual requests to participate in Ohio works first (OWF) or refugee cash assistance (RCA). Individuals wanting to participate in either OWF or RCA are to be provided an application the same day when one is requested either in person or mailed the following business day if requested by letter or telephone. An individual should not be discouraged from applying even when the individual appears to be ineligible.

(A) How does an individual apply for OWF or RCA benefits?

(1) The application process begins with a request for OWF or RCA. Upon request to apply, the county agency is to provide the individual or authorized representative with all of the following forms:

(a) A JFS 07200 " Supplemental Nutrition Assistance Program (SNAP), Cash, Medical, and/or Child Care Assistance Application," JFS 07204 " Request to Recertify for Supplemental Nutrition Assistance Program (SNAP), Cash, and/or Child Care Assistance," or the electronic or telephonic equivalent; and

(b) A JFS 07217 "Voter Registration Notice of Rights and Declination" and a voter registration form (for requirements and procedures of the National Voter Registration Act of 1993 refer to rule 5101:1-2-15 of the Administrative Code).

(2) An assistance group may submit an application to the county agency:

(a) In person;

(b) Through an authorized representative;

(d) By electronic transmission;

(e) By mail; or

(f) By telephone.

(3) Assistance groups wanting to participate in the program(s) are to file a complete application.

(a) An "application" is a JFS 07200, JFS 07204, or its electronic or telephonic equivalent; and

(b) Except as outlined in paragraph (A)(3)(c) of this rule, a "complete application" is an application that includes, at a minimum, the name, address and signature of the person completing the application.

(i) Name;

(ii) Address;

(iii) A completed interview as described in paragraph (G) of this rule; and

(iv) A telephonic signature of the person completing the application. A telephonic signature is an audio recording of the assistance group's verbal assent and a summary of the information to which the assistance group assents.

(4) When an assistance group is currently receiving supplemental nutrition assistance program (SNAP) benefits and decides to apply for cash assistance at recertification, a new application for cash assistance is to be filed.

(B) What is the role of the county agency in the completion of the application?

(1) The county agency is to help complete the application when assistance is requested and no other family member, close friend, authorized representative, or other appropriate individual is available.

(2) When the county agency assists or completes an application, the employee of the county agency is to sign his or her name and title on the application.

(3) A county agency employee is not to alter any answers given by the assistance group on the application. The county agency employee may assist in completing the application by asking the assistance group for answers needed to complete the application. The county agency employee may then mark or fill in the answer on the application.

(4) The normal process of inputting data provided by the applicant during the interview is not to be construed to mean that the county agency has assisted with the completion of the application.

(5) When the application is signed with a telephonic signature as described in paragraph (A)(3)(c) of this rule, the county agency is to provide the assistance group a written copy of the JFS 07008 "Benefit Application Summary" form, or its electronic equivalent of the information attested to during the interview.

(1) The application is to be signed by one of the following individuals in order to register the application:

(a) A payee for the assistance group;

(b) A caretaker for the assistance group;

(d) A spouse or natural or adoptive parent of a member of the assistance group who is not an assistance group member, who resides with the assistance group, and can reasonably be determined to be acting responsibly for the assistance group; or

(e) An authorized representative for the assistance group.

(2) For other assistance groups identified on the application, an individual meeting one of the definitions provided in paragraph (C)(1) of this rule is to sign the application in order to register the request for assistance for the assistance group. The county agency is to notify the potential assistance groups of this requirement in writing no later than one working day following the interview.

(3) The types of signatures include:

(a) Handwritten signatures including signatures that are transmitted by facsimile or other electronic submission. When the signatory cannot sign with a name, an "X" is valid signature. It may be necessary for the county agency to have a witness attest to an "X" signature. An employee of the agency may serve as a witness.

(b) Electronic signatures which include the following:

(i) A digital signature;

(ii) A handwritten signature input on electronic signature pad or display screen; or

(iii) A digitized image of a handwritten signature that is attached to an electronic record or a typed name on an online application. This excludes telephonic signatures as described in paragraph (A)(3)(c) of this rule.

(c) Telephonic signatures obtained in accordance with procedures approved by the Ohio department of job and family services(ODJFS).

(4) Since initial benefits are affected by the date of application, the county agency should provide a potential assistance group identified on the application an opportunity to sign and complete the minimum application requirements described in paragraph (A)(3)(b) of this rule as soon as possible.

(5) A handwritten signature is not required when there is an electronic or telephonic signature. Electronic and telephonic signatures have the same legal effect and are enforced in the same way as a handwritten signature.

(D) What is the application date and how is an application registered?

(1) The county agency is to accept the application on the day it is turned into the county agency. The "date of application" is the date that the county agency receives a complete application for existing assistance groups completing an interview. When an application is:

(a) Submitted by mail, fax, electronically, or telephonic equivalent, the date of application is to be the date the county agency receives the completed application. All applications received by mail are to be date stamped the day received.

(b) Received after business hours, the date of application is the next business day.

(c) Received from the social security administration, the date of application for all public assistance programs, except SNAP, is to be the date the county agency receives the complete application.

(2) Upon receipt of a complete application the county agency is to enter the information into the Ohio benefits integrated eligibility system.

(3) The county agency is not to delay the date of application because of any local office procedure. The date of the interview is not to be used to delay the application date.

(4) The assistance group is to be given the opportunity to complete and return the application on the same date the application is requested. When this occurs, the date of application is the same day as the request.

(5) The county agency is to advise that the date of the application and the beginning date of benefits are dependent upon the date the completed application is returned to the county agency provided all other eligibility factors are met on or before the date received.

(E) What are the requirements for authorized representatives?

An "authorized representative" is an individual, eighteen years of age or older, who is authorized to act on behalf of the assistance group.

(1) The assistance group is to provide a written statement naming the authorized representative and the duties that the named authorized representative may perform on the assistance group's behalf.

(2) When written authorization cannot be obtained because of the individual's incompetency or incapacity, the county agency may waive the written statement and assist in naming a responsible party to act as authorized representative for the assistance group.

(3) The assistance group is responsible for notifying the county agency of any change in the named authorized representative.

(4) When the assistance group has an authorized representative named to act on its behalf, all notices and correspondence issued by the county agency on behalf of the assistance group is to be issued to both the authorized representative and the assistance group.

(5) In situations where an authorized representative provides incorrect or fraudulent eligibility information, the assistance group may still be held liable for any overpayments that occur. The authorized representative is to be held responsible for overpayments when the authorized representative is the legal guardian or legal trustee for the assistance group.

(6) When it is determined that the authorized representative has given incorrect information intentionally through no fault of the assistance group, a referral is to be made to the county prosecutor to determine when fraud has occurred on the part of the authorized representative. When the prosecutor's determination is that the authorized representative committed fraud, the authorized representative may be found liable for the overpayment.

(F) What are the county agency's responsibilities prior to authorization?

(1) Each question on the application is to be completed to the fullest extent possible and any missing information is to be supplied during the interview or through the required verifications.

(2) The assistance group and/or authorized representative is to make an accurate and complete disclosures of all information necessary for a determination of eligibility. Such disclosure are to be made at the time of initial application, at reapplication, and within ten days of the date that any change specifically identified in rule 5101:1-2-20 of the Administrative Code occurs.

(3) The assistance group's report of an impending change in circumstances does not negate its responsibility to report any change identified in rule 5101:1-2-20 of the Administrative Code as reporting requirement within ten days from the date the change actually occurs.

(4) Administrative duties are to be performed in such a manner as to secure for every assistance group the full amount of benefits that is legally entitled according to program regulations.

(5) For OWF applicants the application process includes:

(a) For each work eligible individual between the ages of fourteen and twenty-four:

(i) Not later than seven days from the date of application, refer the individual to a lead agency for a comprehensive assessment conducted in accordance with rule 5101:14-1-04 of the Administrative Code; and

(ii) Ensure the individual has signed an individual opportunity plan (IOP) developed in accordance with rule 5101:14-1-04 of the Administrative Code, that includes an assignment to at least one comprehensive case management and employment program (CCMEP) service or activity.

(b) For all other work eligible individuals, minor heads of household and adult members of the assistance group, complete a comprehensive assessment and enter into a written self sufficiency contract (SSC) for each work eligible individual, minor head of household and adult member of the assistance group, in accordance with rule 5101:1-3-11 of the Administrative Code.

(c) As agreed in the SSC, the county agency may have a work eligible individual complete a job search and job readiness applicant assignment as described in rule 5101:1-3-12.5 of the Administrative Code, prior to authorization of OWF benefits as described in rule 5101:1-3-11 of the Administrative Code. In accordance with rule 5101:9-3-02 of the Administrative Code, when the work eligible individual discloses, has, or appears to have a physical or mental condition that substantially limits one or more major life activities, the county agency is to ensure that the assignment is consistent with its Americans with Disabilities Act (ADA) of 1990 plan.

(G) What are the interview requirements and how can the interview be conducted?

(1) An interview is to be scheduled as promptly as possible after the receipt and registration of a complete application to ensure that an eligible assistance group receives an opportunity to participate within the time frames for completion of the application process pursuant to paragraph (J) of this rule.

(2) The interview is used to inform the assistance group of all required verifications, the time period that the verifications are to be submitted to the county agency, and the responsibility of the county agency to assist when help is needed in obtaining any items. The interview is also used to determine if the application has been thoroughly completed and if the information provided accurately represents the assistance group's situation.

(3) When the primary language of the individual completing the interview is not English, the county agency is to offer an interpreter at no cost to the individual. The individual is not to be required to provide his or her own interpreter or use a family member, unless they desire to do so.

(4) When the individual who satisfies the interview requirement for the assistance group is not an assistance group member (e.g., authorized representative), and the county agency questions the information provided by that individual, the county agency retains the right to contact the assistance group to clarify the information.

(5) When the interview cannot be conducted in the county agency offices or by telephone, alternative locations and/or hours are to be arranged.

(6) The county agency may conduct an:

(a) Office interview;

(b) Telephone interview; or

(7) The type of interview conducted is left to the county agency's discretion unless the applicant requests a face-to-face interview. The county agency is to grant a face-to-face interview to any assistance group that requests one.

(H) What are the county agency's responsibilities for the interview?

(1) Provide the JFS 07344 "Direct Deposit Authorization" when applicable.

(2) When the Ohio benefits integrated eligibility system is unavailable, the JFS 01846, "Case Worksheet: Cash, Food Stamp, and Medical Assistance Interview" is to be used to conduct the interview.

(3) Assist in obtaining verification and completing the voter registration forms when requested by the assistance group.

(4) Determine eligibility as soon as possible after the application requirements are complete.

(5) Document the eligibility determination in the case record.

(6) Ensure that a case manager who has completed the training(s) prescribed by the ODJFS is provided for all work eligible and LEAP individuals.

(I) What is to be covered in the interview?

(1) The eligibility requirements for cash programs, including citizenship and immigration status, social security number requirements, issuance and use of benefits.

(2) The required verifications and information that is to be provided. This is to include a review of those verifications already provided and those verifications remaining to be secured. The county agency is to also inform the assistance group of assistance that they can provide in securing the required verifications and information.

(3) The importance of abiding by the time limits for providing the verifications and additional information. The county agency is to emphasize that the application cannot be processed until the verifications and additional information are submitted.

(4) The joint responsibility for exploring all the factors of eligibility and the circumstances that the assistance group is to be held responsible for presenting records or documents in its possession to support statements.

(5) The consequences for failing to accurately report the circumstances of the assistance group at the point of application and later when the circumstances should change. Possible recoupment of overpayments and/or referral to law enforcement officials for civil or criminal prosecution could result from a failure to fully and honestly report the circumstances at all times.

(6) The availability, purpose, and provision of appropriate social services programs within and outside the agency regardless of an individual's receipt of financial assistance.

(7) The responsibility of the parent for minor children and spouses for each other.

(8) The ability of the assistance group to meet its needs pending the receipt of the first benefit.

(9) The availability of free legal services through legal aid.

(10) An explanation of eligibility for a pregnant minor or minor parent and child to receive assistance as described in section 5107.24 of the Revised Code.

(11) An explanation of the SSC and the time limit requirements and extensions for the OWF program.

(12) An explanation of the waiver of OWF eligibility requirements due to domestic violence, including the good cause exception for refusal to cooperate with child support when applicable.

(13) An explanation of the individual's rights under the ADA, including the right to request reasonable modification in program activities.

(14) During the interview, the county agency is to offer assistance in getting any additional verifications or information that is needed in order to process the case. The county agency is to use the JFS 07105 "Application/Reapplication Verification Request Checklist." The checklist is to provide a date for the return of the verifications. When the required information and verifications are not received by this date, benefits are denied.

(15) An explanation of the quality control review process and the assistance group's responsibility to cooperate when the case is selected for review.

(16) An explanation of the requirement to report all changes within ten days of the date that the change occurred.

(17) An explanation of the right to request a county conference or state hearing when the individual disagrees with an action taken on the case.

(18) The county agency is to send the JFS 07092, "Notice to Individuals Applying for or Participating in Ohio Works First (OWF) Regarding Cooperation with the Child Support Enforcement Agency (CSEA)" to the child support enforcement agency (CSEA) each time that an individual signs the form to claim good cause for refusal to cooperate with child support.

(J) What is the time frame for determining eligibility?

(1) For an OWF or RCA application, the determination of eligibility is to be completed within thirty days from the date of application.

(a) An OWF application awaiting completion of an applicant assignment may pend up to, but no longer than, thirty days from the date of application before authorization.

(b) No more than forty-five days may elapse between the date of application and the issuance of the benefit, or the notification of the approval or denial of assistance.

(2) The time frames may be exceeded in situations where completion of the determination of eligibility is delayed because of circumstances that are considered beyond the control of the county agency or assistance group such as:

(a) Failure, with good cause, to secure necessary verifications;

(b) Failure or delay on the part of an examining physician to provide all needed information.

(3) When calculating the thirty or forty-five day time periods, the following provisions are applicable:

(a) The initial day is excluded from the computation and the last day is included;

(b) When the last day of the time period falls on a Saturday, Sunday or legal holiday, the time period is to end on the next working day;

(4) When the application pends longer than thirty days, journal notes are to be documented at least every thirty days with the reason for the delay.

(K) What is considered a failure in the application process?

Failure to cooperate in the application process and the verification requirements results in a denial of the OWF or RCA application. Failure occurs:

(1) When the information/verification is not provided after the county agency properly advised what information/verification is needed to determine eligibility provided no request for assistance in obtaining information/verification is received by the county agency; or

(2) When the county agency is not given necessary information to assist in obtaining the verification needed to determine eligibility; or

(3) When the assistance group fails to participate in a scheduled interview.

(4) For OWF, when any work eligible individual, minor head of household, or adult member of the assistance group fails to enter into a written SSC with the county agency or if CCMEP required, an IOP.

(L) What is the difference between a "request for public assistance" and a "request for information"?

The distinction is to be drawn between a "request for public assistance" (an application) and a "request for information" (an inquiry). An inquiry is not always going to result in an application. Any individual has the right to apply for benefits for themselves or on behalf of another individual.

Last updated April 1, 2026 at 7:43 AM

History

Effective: April 1, 2026
Promulgated Under: 119.03

Ohio Adm.Code 5101:9-7-05

(A) A "WIOA Fiscal Agent" is an entity designated by the chief elected official in accordance with section 107(d)(12)(B)(i)(II) of WIOA to assist in the administration of WIOA grant funds under the direction of the local workforce development board. The WIOA fiscal agent must receive and manage all formula WIOA funds for the area and other federal, state, or local funds allocated to the local workforce area.

(B) The WIOA fiscal agent is responsible for the receipt, disbursement, accounting and reporting of all funds related to WIOA program operations including collection and disposition of program income generated by WIOA program activities pursuant to federal regulations.

(1) Subaward notification and advances

WIOA fiscal agents are responsible for notifying local WIOA sub-areas of subgrant awards, the assistance listings number of the subgrant, and the respective grant period of availability. WIOA fiscal agents are also responsible for ensuring processes are in place to minimize the time elapsing between receipt of WIOA funds and disbursement in order to maintain cash balance.

(a) WIOA fiscal agents maintain adequate systems of internal control over cash to ensure compliance with rules and regulations set forth in rule 5101:9-7-04 of the Administrative Code.

(b) WIOA fiscal agents ensure processes are in place to approve draw requests from and issue funding to local sub-areas.

(c) WIOA fiscal agents ensure processes are in place to amend budgets if necessary and must communicate amendments to local sub-areas.

(2) Reporting

WIOA fiscal agents are responsible for establishing the reporting practices to be utilized by WIOA sub-areas. The fiscal agent combines all local area financial data, which includes the compilation of all sub-area financial data and performs area-wide state reporting via county finance information system (CFIS) web as described in rule 5101:9-7-29 of the Administrative Code.

(a) The local WIOA area ensures its sub-areas utilize a unified financial reporting system for recording financial activity, generating and reporting financial statements, cash draws, and participant information.

(b) Fiscal agents allocate costs as described in rule 5101:9-7-20 of the Administrative Code. However, all WIOA stand-alone areas allocate their costs as described in rule 5101:9-31-17 of the Administrative Code.

(3) Reconciliation

Reconciliation involves the comparison and process of correction of local area financial data which includes the compilation of all sub-area financial data related to budgets, draws, net zero vouchers, expenditures and ceiling excess and effort reporting.

(a) The WIOA local area establishes a written reconciliation process which includes reconciling expenditures, receipts, accruals and obligations between sub-areas and the fiscal agent.

(i) The WIOA local areas complete the reconciliation process each quarter.

(ii) The WIOA local area reviews and updates, if necessary, their reconciliation process on an annual basis.

(b) The WIOA fiscal agent ensures that the combined disbursements, receipts, accruals, obligations and cash balance of sub-areas match those reported on the local area's quarterly certification submitted to the Ohio department of job and family services (ODJFS).

(c) The WIOA fiscal agent reviews CFIS web reports and makes adjustments and/or corrections prior to the final approval of the financial data for the last month of the quarter. The WIOA fiscal agent has access to system reporting throughout the quarter and can make ongoing adjustments/corrections as necessary.

(4) Monitoring

The WIOA fiscal agent is responsible for overseeing and monitoring the WIOA fiscal activities of their sub-areas, subrecipients and contractors to ensure compliance with all applicable state and federal requirements.

(a) The WIOA fiscal agent ensures expenditures are allocated against the appropriate cost categories and within cost limitations as specified in the WIOA plan, state and federal statutes and regulations.

(b) The WIOA fiscal agent communicates, in writing, to the local area and sub-areas all fiscal related monitoring reviews. If the monitoring review contains audit findings, the written communication should include appropriate corrective action steps necessary for compliance. The WIOA fiscal agent continues to monitor the continuous improvement plans to ensure the implementation of those corrective action steps.

(c) The WIOA fiscal agent provides technical assistance to local sub-areas regarding financial issues to maximize the effectiveness of the local sub-area.

(C) The local area maintains documentation in accordance with the records retention requirements in rule 5101:9-9-21 of the Administrative Code. This documentation may be subject to inspection, monitoring, and audit by the ODJFS office of fiscal and monitoring services (OFMS) and the Ohio auditor of state (AOS).

Last updated January 20, 2026 at 8:20 AM

History

Effective: January 16, 2026
Promulgated Under: 111.15

Ohio Adm.Code 5101:14-1-07

(A) What are the comprehensive case management and employment (CCMEP) primary performance measures?

There are six primary performance measures for each lead agency:

(1) The percentage of program participants that are in unsubsidized employment, education, or training activities during the second quarter after exit.

(2) The percentage of program participants that are in unsubsidized employment, education, or training activities during the fourth quarter after exit.

(3) The percentage of program participants that were in an education or training program while enrolled in CCMEP who obtain a recognized post-secondary credential, or a secondary school diploma or its recognized equivalent during participation in or within one year after exit from CCMEP. A program participant who has attained a secondary school diploma or its recognized equivalent can only be included in this measure if the program participant is also employed or is enrolled in an education or training program leading to a recognized postsecondary credential within one year after exit from the program.

(4) The median earnings of program participants who are in unsubsidized employment during the second quarter after exit.

(5) The percentage of program participants who are in an education or training program that leads to a recognized postsecondary credential, a secondary school diploma or its recognized equivalent, or employment and who are achieving measurable skill gains toward such a credential or employment. Measurable skill gains are documented academic, technical, occupational, or other forms of progress. If measuring educational functioning level (EFL) gains after program enrollment, an approved department of education national reporting system assessment must be used for both the EFL pre-test and post-test to determine an individual's educational functioning level.

(6) The effectiveness in serving employers.

(B) What are the performance standards the lead agency must meet in the administration of CCMEP?

(1) Lead agency performance standards for each county are established in accordance with a biennial negotiation process established by the Ohio department of job and family services (ODJFS).

(2) The negotiation of biennial lead agency performance standards by county shall be concluded prior to July first and shall include:

(a) ODJFS;

(b) The lead agency in partnership with the local board, and

(C) What are the consequences to the lead agency for failing to meet the performance standards set forth in paragraph (B) of this rule?

The consequences for failing to meet a performance standard, as set forth in paragraph (B) of this rule, are established in sections 5101.24 and 5101.241 of the Revised Code and are as follows:

(1) ODJFS may require the responsible lead agency to comply with a corrective action plan pursuant to a time schedule specified by ODJFS. The corrective action plan shall be established or approved by ODJFS and require a lead agency to commit to the plan existing resources identified by ODJFS.

(2) When the lead agency does not comply with a corrective action plan, ODJFS may perform, or contract with a government or private entity for the entity to perform, the family services duty and the workforce development activity until ODJFS is confident that the responsible lead agency can perform the duty satisfactorily. If ODJFS performs or contracts with an entity to perform a family services duty under division (C)(5) of section 5101.24 of the Revised Code and workforce development activity under division (C)(4) of section 5101.241 of the Revised Code, ODJFS may do either or both of the following:

(a) Spend funds in the county treasury appropriated by the board of county commissioners for the duty;

(b) Withhold funds allocated or reimbursements due to the responsible lead agency for the duty and spend the funds for the duty.

(D) May a program participant be excluded from the CCMEP primary performance measures?

A program participant who meets one of the following exclusion reasons may be excluded from the primary performance measures described in paragraph (A) of this rule:

(1) Incarceration or institutionalization. The program participant is residing in an institution or facility providing twenty-four hour support (e.g., jail, prison, hospital or treatment center) for at least a ninety calendar day period that includes the date of exit.

(2) Death. The program participant was not living on the date of exit.

(3) A TANF-funded program participant was exited from CCMEP in accordance with paragraph (A)(2) of rule 5101:14-1-06 of the Administrative Code. This exclusion does not apply to WIOA-funded participants.

(4) The program participant is in the foster care system as defined in 45 C.F.R. 1355.20(a) (01/2012), and exits the program because the program participant has moved from the local workforce area as part of such a program or system.

(5) The program participant exits because he or she is a member of the national guard or other reserve military unit of the armed forces and is called to active duty for at least ninety calendar days.

Last updated November 29, 2021 at 9:50 AM

History

Effective: November 28, 2021
Promulgated Under: 119.03

Ohio Adm.Code 5101:1-3-13

(A) Which section of the Revised Code applies to good cause for work activity failures?

(1) Section 5107.05 of the Revised Code authorizes the director of job and family services to adopt rules as necessary to comply with Title IV-A, Title IV-D, federal regulations, state law and the state plan.

(2) The county agency is to administer the work activity programs in accordance with the requirements contained in this rule and not in accordance with sections 5107.14, 5107.161 and 5107.162 of the Revised Code. All applicable requirements contained in the Revised Code sections referenced have been incorporated into this rule.

(B) What is good cause for work activity failures?

(1) "Good cause" is defined as a valid reason a work eligible individual failed to comply with a provision of their self sufficiency contract requirements.

(2) For each failure, refusal or absence, the county agency shall determine when good cause exists.

Good cause reasons are limited to the following:

(1) Illness of the work eligible individual or of another family member related by blood, marriage or adoption, living in the same household, when care by the work eligible individual was necessary;

(2) For either the work eligible individual or a family member living in the same household, a previously scheduled appointment necessary for medical, dental, or vision care.

(3) A previously scheduled job interview for a work eligible individual, including any subsequent interviews and/or testing requirements.

(4) Court ordered appearances.

(5) Appointment with another social service agency or program.

(6) Death in the family, with the length of absence to be determined by the county agency. "Family" is defined as spouse, domestic partner (domestic partner is defined as one who stands in place of a spouse and who resides with the work eligible individual), child, grandchild, parents, grandparents, siblings, stepchild, stepparent, step-siblings, great-grandparents, mother-in-law, father-in-law, sister-in-law, brother-in-law, son-in-law, daughter-in-law, or legal guardian or other person who stands in the place of a parent.

(7) A school, place of work or worksite is closed for the day.

(8) Lack of child care.

How is lack of child care determined?

In determining when good cause exists for nonparticipation with a work requirement for a work eligible individual, the county agency shall determine when child care is a necessary supportive service when a single custodial parent caring for a minor child under age six proves a demonstrated inability for one or more of the following reasons:

(a) Unavailability of a licensed or certified child care provider within a reasonable distance from the parent's home or work site. "Reasonable distance" is defined by each county agency and is based on availability of transportation.

(b) Unavailability or unsuitability of informal child care by a relative or other arrangements. "Unsuitability of informal child care" is a decision made by the county agency and is based on information received from the public children services agency (PCSA) that the PCSA determines is relevant to share with the county agency in order to protect children pursuant to rule 5101:2-33-21 of the Administrative Code.

(c) Unavailability of appropriate and affordable formal child care arrangements. "Affordable child care arrangements" means that work eligible individuals are guaranteed eligibility for child care subsidy with copayments based on family size and income.

(9) A failure of the county agency to provide supportive services.

(10) A failure of the county agency to provide the work eligible individual with all information necessary about the assignment.

(11) Circumstances involving domestic violence that make it difficult for the individual to comply in full with a provision of the self sufficiency contract, in accordance with rule 5101:1-3-20 of the Administrative Code.

(12) Other circumstances determined on a case by case basis by the county agency.

(D) How should a claim of good cause be documented?

(1) Verification of good cause may be required of the work eligible individual at the county agency's discretion.

(2) The county agency may request verification by a third party for a good cause claim.

(3) The county agency shall allow the work eligible individual no more than ten days from the request of verification to provide requested good cause verification.

(4) The work eligible individual has primary responsibility for providing verification to support the claim of good cause and resolve any questionable information.

(5) A work eligible individual may supply good cause verification in person, through the mail, by fax, electronically, through an authorized representative, or through the primary information person. The county agency shall not require the work eligible individual to present verification in person.

(E) What happens when good cause is not found?

When the claim of good cause is not found to be valid, the county agency shall either:

(1) Allow the work eligible individual to make up the missed hours of participation within the same month in accordance with rule 5101:1-3-12 of the Administrative Code; or

(2) Impose a new or continue an existing sanction in accordance with rule 5101:1-3-15 of the Administrative Code.

Last updated June 1, 2022 at 8:21 AM

History

Effective: June 1, 2022
Promulgated Under: 119.03

Ohio Adm.Code 5101:1-2-30

(A) What eligibility standards are used to determine citizenship and alien status of individuals applying for or receiving Ohio works first (OWF)? .

To receive program benefits an individual is to be one of the following:

(1) A United States (U.S.) citizen or non-citizen national:

The "United States" is defined as the fifty states, the District of Columbia, Puerto Rico, Guam, Northern Mariana islands, and the American Virgin islands. In addition, non-citizen nationals from American Samoa or Swain's island are considered U.S. citizens for purposes of the OWF program.

(2) Qualified alien:

(a) An alien who at the time of application or at the time of receipt of OWF is:

(i) An alien lawfully admitted for permanent residence under the Immigration and Nationality Act (INA) (1952);

(ii) An alien granted asylum under the INA;

(iii) A refugee who is admitted to the U.S. under section 207 of the INA, 8 U.S.C. 1157 (5/2005);

(iv) An Afghan or Iraqi alien admitted to the U.S. who was granted a special immigrant visa (SIV) under section 101(a)(27) of the INA, 8 U.S.C. 1101 (1/2014);

(v) An alien paroled into the U.S. under section 212 of the INA for a period of at least one year;

(vi) An alien whose deportation is being withheld under section 243 of the INA;

(vii) An alien granted conditional entry pursuant to section 203 of the INA as in effect prior to April 1, 1980;

(viii) An alien who is a Cuban or Haitian entrant pursuant to 45 C.F.R. 401 (1982);

(ix) An Amerasian admitted pursuant to section 584 of Public Law (P.L.) 100-202 (12/1987), as amended by P.L. 100-461 (10/1988);

(x) An alien or an alien's child battered or subjected to extreme cruelty in the U.S. by a spouse or a parent or by a member of the spouse's or parent's family. This shall not apply to an alien during any period when the individual responsible for the abuse is residing in the same residence. Verification and documentation procedures for this status are defined in exhibit B of attachment 5 of the U.S. department of justice interim guidance dated November 17, 1997 (62 FR 61344); and

(xi) A victim of a severe form of trafficking in persons certified under the Victims of Trafficking and Violence Protection Act of 2000, Pub. L. No. 106-386, 114 Stat. 1464 (2000).

(a) A family member of a victim of a severe form of trafficking in persons who holds a visa, for family members authorized by the Trafficking Victims Protection Reauthorization Act of 2003, Pub. L. 108-193, 117 Stat. 2875 (2003).

(b) An alien child pursuant to the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, 22 U.S.C. 7105.

(b) Residents of the U.S. prior to August 22, 1996:

A qualified alien who entered the U.S. prior to August 22, 1996 and continuously resided in the U.S. until attaining qualified alien status shall continue to meet the citizenship requirements for OWF.

A qualified alien who enters the U.S. on or after August 22, 1996 does not meet the citizenship requirement for OWF with the following exceptions:

(i) Refugee's as described in paragraph (A)(2)(a)(iii) of this rule, eligibility is limited to five years from the date of entry into the U.S.;

(ii) Victims of severe forms of trafficking who are potentially eligible for benefits and services to the same extent as an alien admitted to the U.S. as a refugee in accordance with rules 5101:1-2-30.1 and 5101:1-2-30.3 of the Administrative Code;

(iii) Indefinite detainees or lifers after being convicted of a crime that triggers a final order of removal, may have a status making them potentially eligible in accordance with rule 5101:1-2-30.2 of the Administrative Code;

(iv) An alien granted asylum under the INA. Eligibility is limited to five years from the date asylum was granted;

(v) An Afghan or Iraqi alien admitted to the U.S. who was granted a special immigrant visa (SIV) under section 101(a)(27) of the INA, 8 U.S.C. 1101 (1/2014). Eligibility is limited to five years from the date of entry into the U.S.;

(vi) An alien whose deportation is being withheld under section 243 of the INA. Eligibility is limited to five years from the date of entry into the U.S.;

(vii) An alien who is a Cuban or Haitian entrant pursuant to 45 C.F.R. 401 (1982). Eligibility is limited to five years from the date the status as a Cuban or Haitian entrant is granted;

(viii) An Amerasian admitted pursuant to section 584 of Public Law (P.L.) 100-202 (12/1987), as amended by P.L. 100-461 (10/1988). Eligibility is limited to five years from the date the individual was admitted into the U.S. as an Amerasian immigrant;

(ix) Aliens lawfully admitted into the U.S. for permanent residence under the INA and have worked forty qualifying quarters of coverage under Title II of the Social Security Act or can be credited with quarters that are creditable for any period beginning after December 31,1996 and did not receive any federal means-tested public benefit during any quarter.

Qualifying quarter shall be credited as follows:

(a) All quarters of coverage worked by a natural or adoptive parent when the quarters were worked before the date the alien attains age eighteen; and

(b) All quarters worked by a spouse of such alien during their marriage when the alien remains married to such spouse or such spouse is deceased.

(c) A qualifying quarter does not include any quarter after December 31, 1996 when the individual worked and also received a federal means-tested public benefit.

(x) Veterans and active duty service personnel lawfully residing in Ohio and are:

(a) A veteran with an honorable discharge and not on account of alienage; or

(b) On active duty (other than active duty for training) in the U.S. armed forces as defined in 38 U.S.C. 5303A(d) (1998).

(c) The surviving spouse of a deceased veteran or individual on active duty, provided the spouse has not remarried and the marriage fulfills the requirements of 38 U.S.C. 1304 (1991) or the unmarried dependent child(ren) of an individual as defined in paragraph (A)(2)(x) of this rule.

(d) Filipino war veterans who fought in World War II as described in 38 U.S.C. 107 (2010).

(B) What happens if an eligibile alien category changes? .

Each category of eligible alien status stands alone for purposes of determining eligibility. Subsequent changes to a more limited status does not override eligibility based on an earlier less rigorous status. Likewise, when eligibility expires under one eligibility status, the county agency is to determine when eligibility exists under another status.

The county agency is to provide alien applicants with a reasonable opportunity to submit acceptable documentation of their eligible alien status. A reasonable opportunity is to be at least ten days from the date of the county agency's request for an acceptable document.

(D) How is the validity of documents verified?

(1) The county agency shall verify the validity of the documentation of eligible alien status of applicant aliens. When an alien does not wish the county agency to contact the department of homeland security to verify his or her immigration status, the county agency shall give the assistance group the option of withdrawing its application or participating without that assistance group member. The U.S. department of justice interim guidance dated November 17, 1997 (62 FR 61344) contains information on acceptable documents and INS codes.

(2) The county agency shall verify the validity of the documents presented by applicant aliens through the systematic alien verification for entitlements (SAVE) program as described in rule 5101:1-1-50 of the Administrative Code.

Last updated June 1, 2021 at 9:00 AM

History

Effective: June 1, 2021
Promulgated Under: 119.03

Ohio Adm.Code 5101:4-4-11

(A) The income eligibility standards for the supplemental nutrition assistance program (SNAP) are issued through a food assistance change transmittal, which can be found in the food assistance certification handbook at the Ohio department of job and family services (ODJFS) website. The standards are adjusted annually on October first.

(B) "Assistance group (AG) income" shall mean all countable income from whatever source as defined in rule 5101:4-4-19 of the Administrative Code excluding only the income specified in rule 5101:4-4-13 of the Administrative Code. The income that is received over the proposed certification period is compared to the maximum monthly income standard for the AG size to determine SNAP eligibility. When the AG's income is greater than the monthly income standard, the AG is ineligible for SNAP.

Last updated April 1, 2026 at 8:20 AM

History

Effective: April 1, 2026
Promulgated Under: 111.15

Ohio Adm.Code 5101:1-23-01

(A) What is the state time limit for Ohio works first (OWF) benefits?

In Ohio, an assistance group is ineligible to participate in OWF when the assistance group includes an individual, who meets one of the conditions described in paragraphs (C)(1) to (C)(5) of this rule, and who has received OWF assistance for thirty-six months. This time limit applies regardless of whether the thirty-six months are consecutive. Ohio law provides for extensions of OWF beyond the thirty-six month limit, with the provision that no assistance group shall receive assistance under the OWF program in violation of the federal sixty-month time limit for receipt of temporary assistance for needy families (TANF) assistance. When an assistance group is receiving OWF cash assistance benefits on the basis of state hardship, good cause or a domestic violence waiver, as described in paragraphs (A)(1) to (A)(3) of this rule, such benefits continue to count toward the federal sixty-month time limit provided in paragraph (B) of this rule. The county agency shall examine the assistance group's unique special circumstances that caused the need for an extension, and shall address these special needs, barriers and conditions in the self sufficiency contract. When an assistance group is receiving OWF cash assistance due to either a state hardship, good cause or domestic violence waiver extension (as provided in paragraphs (A)(1) to (A)(3) of this rule), the assistance group is in receipt of OWF and as such is subject to all OWF eligibility requirements. The three types of extensions beyond the thirty-six month time limit that count toward the federal sixty-month limit are:

(1) State hardship

A county agency may exempt not more than twenty per cent of the average monthly number of OWF assistance groups from the thirty-six month limit on the grounds that the county agency determines that the time limit is a hardship. The twenty per cent calculation is described in rule 5101:1-23-01.1 of the Administrative Code. The county agency may not provide a state hardship extension until the assistance group has exhausted its thirty-six months of OWF assistance, as described in division (A) of section 5107.18 of the Revised Code.

(2) Good cause

An assistance group that has ceased to participate in OWF due to the thirty-six month time limit (i.e., the assistance group lost eligibility for OWF due to the thirty-six month time limit), as described in division (A) of section 5107.18 of the Revised Code and paragraph (A) of this rule, may be approved to participate in the program in accordance with rule 5101:1-2-01 of the Administrative Code twenty-four months later when the county agency determines that good cause for a twenty-four month extension of OWF exists. There is no twenty per cent limit for the extension of OWF assistance under the good cause provision. The good cause extension provides an assistance group additional time to overcome existing barriers to self sufficiency. Good cause may include losing employment and inability to find employment (reference section 5107.26 of the Revised Code); divorce; domestic violence considerations; unique personal circumstances; and any other reason the county agency determines to be good cause for participating in OWF beyond the thirty-six month limit. The assistance group must provide verification pursuant to rule 5101:1-2-20 of the Administrative Code of whether any members of the assistance group had employment during the period the assistance group was not participating in OWF and the amount and source of the assistance group's income during that period. When the county agency determines that good cause exists for the assistance group, the county agency shall determine when the assistance group meets all eligibility requirements for participation in OWF. The assistance group may not participate in OWF under paragraph (B)(2) of this rule for more than twenty-four additional months.

The twenty-four month time limit for participating in OWF under paragraph (A)(2) of this rule applies regardless of whether the twenty-four months of the good cause extension are consecutive. Once good cause is initially determined to exist, and an assistance group is determined eligible under the good cause provision, a subsequent determination of good cause is not required, unless the assistance group becomes otherwise ineligible for OWF. However, when the assistance group becomes ineligible for OWF due to the imposition of a sanction for failure to comply with the terms of the self sufficiency contract, the assistance group may resume participation in OWF without a new good cause determination.

(3) Domestic violence

An assistance group may receive a waiver of the state thirty-six month time limit due to domestic violence, as described in rule 5101:1-3-20 of the Administrative Code. Any assistance group that receives a waiver of the thirty-six month time limit is not counted toward the county agency twenty per cent limit described in rule 5101:1-23-01.1 of the Administrative Code and section 5107.18 of the Revised Code.

(B) What is the federal time limit for OWF benefits?

No state may use any of its federal temporary assistance for needy families funds (including commingled funds as described in rule 5101:1-1-01 of the Administrative Code) to provide assistance to an assistance group that includes an individual who meets one of the conditions described in paragraph (C) of this rule, who has received assistance for a total of sixty cumulative months. The sixty months do not have to be consecutive months.

Federal law allows states to extend assistance paid for by federal TANF funds (including commingled funds as defined in rule 5101:1-1-01 of the Administrative Code) beyond the federal sixty-month limit for up to twenty per cent of the average monthly number of families receiving assistance. The federal regulations provide that a state may extend assistance beyond the sixty-month limit based on hardship, as determined by the state.

(1) Ohio is extending benefits beyond the federal sixty-month limit based on hardship. Ohio defines hardship as the conditions described in paragraphs (B)(1)(a) to (B)(1)(b)(vii) of this rule. Therefore, counties may extend up to twenty per cent of the average monthly number of assistance groups receiving assistance in that county. The twenty per cent calculation is described in rule 5101:1-23-01.1 of the Administrative Code. The county agency should examine the assistance group's unique special circumstances that caused the need for an extension, and should address these special needs, barriers and conditions in the self sufficiency contract. The county agency may not provide this extension until the assistance group has exhausted its sixty months of OWF assistance. In Ohio, hardship is defined as follows:

(a) Any circumstance that the county agency determines the time limit is a hardship. The county agency shall use the same grounds for determining federal hardship as it uses for determining state hardship under paragraph (A)(1) of this rule; or

(b) Based on the fact that the family includes someone who is temporarily or permanently unable to work because the individual has been battered, or subjected to extreme cruelty based on the fact that the individual has been subjected to any of the following provisions described in paragraphs (B)(1)(b)(i) to (B)(1)(b)(vii) of this rule and rule 5101:1-3-20 of the Administrative Code:

(i) Physical acts that result in physical injury to the individual;

(ii) Sexual abuse;

(iii) Sexual activity involving a dependent child;

(iv) Being forced as the caretaker relative of a dependent child to engage in non consensual sexual acts or activities;

(v) Threats of, or attempts at physical or sexual abuse;

(vi) Mental abuse (including emotional harm); or

(vii) Neglect or deprivation of medical care.

(2) There is no federally prescribed limit for receipt of an extension beyond the federal sixty-month time limit. Each assistance group that requests an extension will have unique circumstances to be addressed in order for the assistance group to achieve self sufficiency and eliminate the need for assistance. In determining the length of each extension to be provided under paragraph (B) of this rule, the county agency shall consider both of the following:

(a) That TANF was created to provide assistance that is temporary, and not as an entitlement; and

(b) That the county agency has a responsibility to assist the family in overcoming barriers and achieving self sufficiency.

(3) An assistance group receiving OWF cash assistance benefits beyond the federal sixty-month limit is in receipt of OWF, and as such is subject to all OWF eligibility requirements.

(4) In situations involving the provisions contained in paragraph (B)(1)(b) of this rule, acceptable verification, in accordance with rule 5101:1-2-20 of the Administrative Code, includes, but is not limited to the following:

(a) Medical or law enforcement records;

(b) Court or other legal documents;

(c) Court, medical, criminal, child protective service, social service, psychological, or law enforcement records indicating the threat of physical or emotional harm;

(d) Medical records indicating the emotional health history and present emotional health of family members;

(e) Medical statement from a mental health professional indicating the emotional health status of family members;

(f) Verification from a public or private social agency; and

(g) Sworn statements from individuals, including friends, neighbors, clergymen, social workers, and medical professionals who might have knowledge of the family's circumstances.

(h) In accordance with rule 5101:1-3-20 of the Administrative Code, rely on the individual's allegation of domestic violence, as identified by the individual requesting the waiver on the JFS 03803 "Ohio Works First (OWF) & Food Stamps: Domestic Violence Waiver Request and Verification, " unless the county agency has an independent, reasonable basis to find that the individual's allegation is not credible.

An assistance group is ineligible to participate in OWF when the assistance group includes an individual who has been in receipt of assistance as defined in paragraphs (E)(1) to (E)(4) of this rule for thirty-six months, that do not have to be consecutive, as any of the following:

(1) An adult head-of-household. Adult is defined in section 5107.02 of the Revised Code;

(2) A spouse of the adult head-of-household;

(3) A pregnant minor head-of-household. Minor head-of-household is defined in section 5107.02 of the Revised Code.

(4) A minor parent head-of-household. Minor head-of-household is defined in section 5107.02 of the Revised Code; or

(5) A spouse of the minor parent head-of-household.

(D) How is the countable individual as head-of-household designated?

(1) When the assistance group is a two-parent assistance group as defined in rule 5101:1-3-01 of the Administrative Code, and the parents are unmarried (and both parents are adults), the county agency shall explain to the two parents that one of them shall be determined to be the adult head-of-household for time limit purposes. The parents shall be given the choice as to who will be designated as the head-of-household for time limit purposes. In the event that the parents disagree and/or decline to designate the head-of-household, the county agency shall make the designation. Once the head-of-household designation is made for time limit purposes, that designation shall remain unchanged as long as the assistance group contains both parents and no other parent(s) is subsequently added to the assistance group.

(2) When the assistance group is a two-parent assistance group as defined in rule 5101:1-3-01 of the Administrative Code, and another parent becomes a required member of the assistance group in accordance with rule 5101:1-23-10 of the Administrative Code, a new head-of-household designation may need to be made. When a new head-of-household designation must be made, the county agency shall explain to the parents that one of them shall be determined to be the head-of-household for time limit purposes. The parents shall be given the choice as to who will be designated as the head-of-household for time limit purposes. In the event that the parents disagree and/or decline to designate the head-of-household, the county agency shall make the designation. Once the head-of-household designation is made for time limit purposes, that designation shall remain unchanged as long as the assistance group contains all of the parents.

(E) What is considered "receipt of assistance"?

An individual is considered to be in receipt of assistance for any month that they meet one of the requirements described in paragraph (C) of this rule and receive:

(1) OWF cash assistance benefits issued in one of the following forms:

(a) Electronic funds transfer (EFT);

(b) Electronic benefits transfer (EBT); or

(2) Supportive services such as transportation and child care, unless such payments meet the definition of non recurrent, short-term benefits as defined in 45 C.F.R. 260.31 (10/01/20) as payments that:

(a) Are designed to deal with a specific crisis situation or episode of need;

(b) Are not intended to meet recurrent or ongoing needs; and,

(3) TANF assistance (including commingled funds as defined in rule 5101:1-1-01 of the Administrative Code), was received in another state on or after October 1, 1997, except as provided in paragraph (E)(1) of this rule.

(4) Welfare-to-work (WTW) cash assistance, as defined in 45 C.F.R. 260.32 (10/01/20) only includes WTW benefits that meet the definition of assistance (as defined in rule 5101:1-1-01 of the Administrative Code) and are directed as basic needs, when they are provided in the form of cash payments, checks, reimbursements, electronic funds transfers, or any other form that can legally be converted to currency.

(F) What months are not countable toward time limits?

Receipt of assistance for purposes of applying the time limit does not include any month that any of the following conditions exist:

(1) An assistance group received TANF assistance in another state, and that state had a waiver of time limits in effect during the months that the assistance was received in that state.

(2) An assistance group received OWF cash assistance in the form of a warrant, check, voucher, EFT or EBT for a month, but returned either the check, warrant or voucher to the county agency uncashed or unused, or returned the amount of the OWF check, warrant, voucher, EFT, or EBT to the county agency.

(3) An assistance group is subject to the minimum payment provision described in rule 5101:1-23-40 of the Administrative Code.

(4) An assistance group is not receiving OWF cash assistance benefits due to participation in the subsidized employment program (SEP).

(5) An assistance group is not receiving OWF cash assistance benefits due to the imposition of a learning, earning and parenting (LEAP) sanction that reduces the OWF benefit to zero dollars, in accordance with the provisions described in rule 5101:1-23-50 of the Administrative Code.

(6) An assistance group is not receiving OWF cash assistance benefits due to the imposition of a learnfare sanction that reduces the OWF benefit to zero dollars, in accordance with the provisions described in sections 5107.284 and 5107.285 of the Revised Code.

(7) Supportive services such as transportation and child care are provided to assistance groups containing an employed member.

(8) An assistance group is not receiving OWF cash assistance benefits as delineated in paragraph (E) of this rule, but prevention, retention and contingency (PRC) services under the PRC program as described in sections 5108.01 to 5108.10 of the Revised Code are provided to the assistance group.

(9) Any month of receipt by an individual other than the individuals identified in paragraphs (C)(1) to (C)(5) of this rule shall not be counted toward the time-limited receipt of assistance.

(10) LEAP enrollment, attendance, grade completion and graduation bonuses provided to LEAP participants in accordance with the provisions contained in rule 5101:1-23-50 of the Administrative Code are not considered assistance for OWF time limit purposes.

(11) An assistance group is not receiving assistance as described in paragraph (E) of this rule, but WTW non-cash assistance benefits (as defined in rule 5101:1-1-01 of the Administrative Code) are being provided to the assistance group.

(12) An assistance group is not considered to be in receipt of assistance for any month that the assistance group's OWF benefits are reduced to zero to repay an overpayment.

(13) Any month of receipt of assistance by an adult while living in Indian country as defined in rule 5101:1-01-01 of the Administrative Code, or a native Alaskan village where at least fifty per cent of the adults were not employed.

(14) When an erroneous payment occurs because the assistance group was not eligible to receive assistance for a month, and the assistance group repays that erroneous payment in full, the month that the overpayment occurred does not count toward the time limit.

(G) How are time limits tracked?

Receipt of assistance under the OWF program shall be tracked for each required member in the assistance group as described in paragraph (C) of this rule:

(1) The tracking record for each required member follows the member even when they move into and out of different assistance groups. The receipt of assistance transfers from one assistance group to another via the movement of the required member.

(2) Required members retain and accumulate actual months of receipt by each required member.

(3) The assistance group's number of months is the highest number of months of receipt by each of the required members.

(4) The movement of children from one assistance group to another has no effect on the time limits because receipt of assistance is not tracked separately for children.

Last updated November 1, 2022 at 9:03 AM

History

Effective: November 1, 2022
Promulgated Under: 119.03

Ohio Adm.Code 5101:14-1-05

(A) What are comprehensive case management and employment program (CCMEP) requirements?

(1) Case management requirements shall include:

(a) Engagement with each program participant using evidence-based practices to provide employment and training services, supports, and referrals to become self-sufficient and employed. Case managers shall make persistent and reasonable attempts to engage with the program participant no less than once every thirty calendar days and shall review and revise the individual opportunity plan (IOP) as needed. Case managers are to enter case notes for each engagement attempt in Ohio's workforce case management system.

(b) Communication with the local participating agency within ten calendar days of the failure when a mandatory Ohio works first (OWF) work eligible program participant fails to comply with the terms of an IOP and any information regarding good cause that the program participant has provided.

(c) Communication with the local participating agency when a mandatory Ohio works first (OWF) work eligible program participant is exited from CCMEP in accordance with rule 5101:14-1-06 of the Administrative Code.

(2) For CCMEP participants not in receipt of OWF, the lead agency shall utilize the JFS 03000 "CCMEP TANF Eligibility Review Application" to conduct the annual review process to ensure that a program participant that is receiving temporary assistance for needy families (TANF) funded services and that is not receiving OWF meets the eligibility criteria described in paragraph (B)(2) of rule 5101:14-1-04 of the Administrative Code. If a lead agency becomes aware of participant eligibility changes before the annual review process, the lead agency is to complete an eligibility review. If a CCMEP participant is no longer eligible for TANF-funded services, the lead agency is to end TANF-funded services and utilize the JFS 03002 to determine eligibility for Workforce Innovation and Opportunity Act of 2014 (WIOA) funded services as described in paragraph (B)(1) of rule 5101:14-1-04 of the Administrative Code for a program participant who has been previously determined to be ineligible for WIOA funded services.

(3) The lead agency shall document and verify CCMEP service hours in unpaid activities for OWF work-eligible program participants as follows:

(a) All actual hours of participation shall be verified on a monthly basis.

(b) Verification is considered to be met when the lead agency has received confirmation of the actual hours of participation.

(d) Verified hours of participation shall be entered into Ohio's workforce case management system in a timely manner.

(e) Acceptable types of verification for hours participated include but are not limited to the following:

(i) The Ohio's workforce case management system generated schedule;

(ii) JFS 06910 "Record of Attendance Report";

(iii) JFS 06909 "Record of School Attendance";

(iv) Data exchange report;

(v) Documented phone contact with work site; or

(vi) Other lead agency acceptable methods so long as the elements listed are included:

(a) The program participant's name;

(b) An accounting of all assigned hours of services on site;

(d) The name of the program participant's service supervisor; and

(e) The name and phone number of the person verifying the hours.

(4) The lead agency shall document and verify CCMEP service hours in paid work experiences for OWF work-eligible program participants as follows:

(a) A lead agency shall verify the participation hours for unsubsidized employment, subsidized employment, and on-the-job training (OJT) at least once every six months.

(b) The lead agency shall determine and communicate with the county department of job and family services monthly activity hours by multiplying the average weekly number of hours by 4.33.

(B) What does participation in CCMEP include?

(1) Participation in CCMEP services for a standard of twenty hours per week.

(a) Based on the individual service strategy developed with the program participant, the lead agency may consider time spent in services, case management, homework, travel time, etc. as part of the program participant's hours of commitment.

(b) In accordance with rule 5101:1-3-12 of the Administrative Code, an OWF recipient may not be assigned to community service or a work experience program in excess of the maximum monthly hours of participation allowable under the Fair Labor Standards Act (1938).

(c) There may be circumstances based on the program participant's needs under which the lead agency may assign service hours less than the standard of twenty hours per week. The lead agency shall document the reason for not assigning the program participant to all or some of the CCMEP standard service hours. The comprehensive assessment shall be used to determine if it is appropriate to assign a reduced number of hours. A reduction of hours may be necessary when:

(i) A program participant is assigned to fewer hours due to a reasonable modification made in accordance with paragraph (G)(6) of rule 5101:14-1-04 of the Administrative Code;

(ii) A program participant is in a domestic violence situation and participation in CCMEP services would make it more difficult for the individual to escape domestic violence; or

(iii) A program participant has a temporary or permanent barrier to participation in CCMEP services.

(2) Active engagement in developing the individual service strategy, utilizing CCMEP services and maintaining communication with the lead agency.

The lead agency shall provide CCMEP services to a program participant for the amount of time necessary to ensure successful preparation to enter unsubsidized employment and/or post-secondary education and training. There is no time limit on participation in CCMEP or required sequence of services. Prior to ending a service assigned in accordance with paragraph (B) of this rule due to a durational limitation of the connected service that is based on a funding source, local, state or federal policy, the lead agency shall:

(1) Explore if the program participant may continue in the assigned activity through an alternative CCMEP service; or

(2) If the existing CCMEP service may be continued in spite of the limitation and without interruption by utilizing an alternative funding source.

(D) How is CCMEP different for mandatory OWF participants?

(1) A mandatory OWF work-eligible participant shall be assigned to participate in CCMEP services for the number of hours required in paragraph (B) of this rule or paragraph (C) of rule 5101:1-3-12 of the Administrative Code, whichever is higher.

(2) A mandatory OWF work-eligible participant shall be assigned to services based on the program participant's needs in accordance with paragraph (B) of this rule and not based on core work activity requirements in accordance with rules 5101:1-3-01 and 5101:1-3-12 of the Administrative Code and supplemental rules.

(3) A mandatory OWF participant that is subject to the learning, earning, and parenting program (LEAP) requirements described in rule 5101:1-23-50 of the Administrative Code shall be assigned to participate in LEAP as a CCMEP service.

(4) When a mandatory OWF participant fails or refuses without good cause to comply with the terms of an IOP, the lead agency shall notify the county department of job and family services of each failure or refusal and shall provide the county department of job and family services with information necessary to impose an OWF sanction in accordance with rule 5101:1-3-15 of the Administrative Code.

(5) The lead agency shall be the sole determiner of good cause as described in rule 5101:1-3-13 of the Administrative Code and any OWF sanction compliance activities. Good cause is only for OWF sanction purposes and is not necessarily related to the continuation of CCMEP services.

(6) A mandatory OWF participant shall have the comprehensive assessment and IOP completed and inputted into the Ohio workforce case management system no later than thirty calendar days from the date of application for OWF.

Last updated November 29, 2021 at 9:49 AM

History

Effective: November 28, 2021
Promulgated Under: 119.03

Ohio Adm.Code 5101:9-30-04

(A) The following entities will ensure accurate reporting of local Workforce Innovation and Opportunity Act (WIOA) participants, activities, and financial and performance information to ODJFS.

(1) Chief elected officials as defined by section 3(9) of WIOA.

(2) The local workforce development board, as established by section 107 of WIOA.

(3) The OhioMeansJobs center operator, the provider of career services, and the provider of youth services identified in section 107(d)(10) of WIOA.

(4) The fiscal agent as established in section 107(d)(12)(B)(i)(II) of WIOA.

(B) Local workforce development boards, chief elected officials, OhioMeansJobs center operators, and providers of career services and youth services referenced in paragraph (A) of this rule must use the advancement through resources, information, and employment services (ARIES) system to report within thirty days of receipt, all required information about WIOA participants, services, case management, and performance.

(C) Local workforce development boards, chief elected officials, and fiscal agents referenced in paragraph (A) of this rule must use the county finance information system (CFIS) to report financial information.

Last updated May 2, 2022 at 8:52 AM

History

Effective: May 1, 2022
Promulgated Under: 111.15

Ohio Adm.Code 5101:1-3-01

(A) Section 5107.05 of the Revised Code authorizes the director of Ohio job and family services (ODJFS) to adopt rules as necessary to comply with Title IV-A, Title IV-D, federal regulations, state law, and the state plan. This rule describes the information reported to the administration for children and families (ACF) within the department of health and human services (HHS) and a county agency's responsibilities for ensuring the data is reliable and accurate

(B) What are the federal outcome measures?

ODJFS provides regular reporting to ACF regarding the administration of Ohio works first (OWF). Federal outcome measures include the following regarding a work eligible individual (WEI):

(1) Employment rate: the percentage of WEIs who are in unsubsidized employment during the second quarter after exiting OWF;

(2) Median earnings: the median level of earnings of WEIs who are in unsubsidized employment during the second quarter after exiting OWF;

(3) Median earnings: the median level of earnings of WEIs in the fourth quarter after exiting OWF who were also in unsubsidized employment during the second quarter as described in paragraph (B)(1) of this rule; and

(4) Reduced dependence on government food benefits: the percentage of WEIs with earnings above the federal income eligibility levels for supplemental nutrition assistance program (SNAP) the fourth quarter after exiting OWF.

Last updated April 1, 2026 at 7:46 AM

History

Effective: April 1, 2026
Promulgated Under: 119.03

Ohio Adm.Code 5101:1-23-50

The learning, earning and parenting (LEAP) program, as described in section 5107.30 of the Revised Code, is a program designed to encourage pregnant and parenting teens to attend and complete high school or the equivalent.

(A) Who is eligible for LEAP?

With the exception of teens who have obtained a high school diploma or the equivalent, teen custodial parents, and pregnant teens under the age of nineteen who are applying for or in receipt of Ohio works first (OWF), are potentially subject to the LEAP program requirements. These requirements apply to teens who live on their own and to teens who live with their parents, other caretaker relatives, legal guardians or legal custodians. The requirements apply to both the teen custodial mother and the teen custodial father of the child and to all pregnant teens.

(B) The following definitions apply to the LEAP program:

(1) "Attendance bonus" means a sixty-two dollar financial bonus added to the OWF payment for the assistance group (AG) for each LEAP teen included in the AG who meets the LEAP attendance requirements as defined in this rule.

(2) "Attendance month" means the calendar month that the teen attended school. Attendance in the month is evaluated in order to determine if an attendance bonus is issued or an attendance sanction is proposed in the corresponding payment month.

(3) "Attendance sanction" means that a LEAP teen with more than two unexcused absences in a month is:

(a) Not eligible for the attendance bonus payment; and

(b) The assistance payment for the AG containing the LEAP teen will be reduced by sixty-two dollars.

(4) "Enrollment bonus" means a one-time one-hundred dollar financial bonus added to the OWF payment for the AG for each LEAP teen included in the AG who enrolls in school for the first time after being notified of LEAP program participation.

(5) "Excused absence" means the reason for the absence meets the school district's definition of a valid reason for the teen not to attend school or it was not an absence excusable under the school's attendance rules but upon review by the county agency at the request of the teen, it was acceptable under the good cause reasons provided in the LEAP program.

(6) "Full day" means the entire school day as defined by the school district.

(7) "Grade completion bonus" means a one-hundred dollar financial bonus added to the OWF payment for the AG for each LEAP teen included in the AG for each subsequent grade completed, except grade twelve. Grade completion is defined by the local school district.

(8) "Graduation bonus" means a one-time five-hundred dollar financial bonus for each LEAP teen included in the AG who has graduated from high school or obtained a high school equivalence diploma.

(9) "High school equivalence diploma" means a diploma attesting to the achievement of the equivalent of a high school education as measured by scores on the tests of general educational development (GED) as published by the "American Council on Education." High school equivalence diploma includes a certificate of high school equivalence. This program formerly issued the general equivalency diploma or GED.

(10) "Home education" means education primarily directed and provided by the parent or guardian of the child under division (A) of section 3321.042 of the Revised Code for the child who is of compulsory school age and is not enrolled in a nonpublic school.

(11) "Internet- or computer-based community school," as defined in section 3314.02 of the Revised Code, means a community school in which the enrolled students work primarily from their residences on assignments in nonclassroom-based learning opportunities provided via an internet- or other computer-based instructional method that does not rely on regular classroom instruction or via comprehensive instructional methods that include internet-based, other computer-based, and noncomputer-based learning opportunities unless a student receives career-technical education under section 3314.086 of the Revised Code. Internet- or computer-based schools are also sometimes referred to as "electronic schools," or "e-schools."

(12) "Retrospective cycle" means a four sequential month period. The four month period begins with the attendance month, followed by two processing months, and ends with the payment month.

(13) "School" means an educational program that leads to a high school diploma or the equivalent and includes the following: a public school; a private school; a vocational, technical, or adult education school; or a course of study meeting the standards established by the state of Ohio for granting a high school equivalence diploma.

(14) "School attendance officer" means an employee designated by the school who is responsible for matters relating to school attendance and truancy.

(15) "School district" means the territorial unit for school administration as specified in section 3313.64 of the Revised Code.

(16) "School year" for the LEAP program is September through May. These are the months that attendance will be monitored and enrollment/attendance bonuses and attendance sanctions will be given. This definition does not apply to teens enrolled in a GED program. The school year for GED program purposes is the twelve-month period beginning with the first month of mandatory attendance.

(17) "Unexcused absence" means the reason for the absence does not meet the school district's definition of a valid reason for the teen not to attend school and upon review by the county agency, at the request of the teen, the reason also does not meet any of the LEAP program good cause reasons.

All teens who are under the age of nineteen, who have not graduated from high school or received a high school equivalence diploma or equivalent, and who are not exempt from participation in LEAP pursuant to the conditions described in paragraphs (D)(1) to (D)(3) of this rule, are required to attend an assessment and orientation interview.

(1) The assessment interview shall include:

(a) A discussion of the LEAP program goals.

(b) The criteria for receiving the LEAP bonuses and sanctions.

(d) The types of supportive services available in the community.

(e) The rights and responsibilities of program participants.

(f) The determination of whether the teen meets one of the exemptions from participation as described in paragraphs (D)(4) to (D)(10) of this rule.

(2) Documents provided to and/or completed by the participant shall include:

(a) The JFS 06905 "LEAP -Learning, Earning, And Parenting Program Agreement."

(b) The JFS 06906 "Learning, Earning and Parenting Program (LEAP) Questions and Answers."

(3) Both the teen and the AG payee, when different, shall be given a copy of the JFS 06905 and the JFS 06906. The teen and the AG payee, when different, should be encouraged to sign the JFS 06905; however, the signature is not a requirement. The teen is subject to the requirements of the LEAP program even when the JFS 06905 is not signed. The county agency shall document in the AG record that a copy of the JFS 06905 and the JFS 06906 were given to the teen and the AG payee, when different.

(4) Section 5107.14 of the Revised Code provides that in order to participate in OWF, the minor head of household or each adult member of the AG shall enter into a written self-sufficiency contract (SSC) with the county agency. When a county agency has adopted into its SSC as defined in rule 5101:1-1-01 of the Administrative Code, the rights and responsibilities and penalties for failure to comply with LEAP program requirements described in this rule, the JFS 06905 is not required to be completed in the LEAP assessment and orientation interview.

(5) The county agency shall assign a case manager to the LEAP program participant and the participant's family to assist the participant in promoting personal responsibility and in gaining self-sufficiency skills in order to reduce and/or eliminate dependency on cash assistance.

(6) Reassessment shall be an ongoing process. The teen shall be reassessed at least once per year. The county agency shall attempt to schedule reassessment when the teen is scheduled to enroll in the new school year. The county agency shall review with the teen, at a minimum, the JFS 06905. The reassessment interview shall serve to review school progress and to address any new barriers to continued attendance. No face-to-face interview is required to complete the reassessment.

(D) Who meets the exemptions from LEAP participation?

A teen who meets any of the conditions described in this paragraph is exempt from LEAP participation as long as the teen continues to meet the exemption criteria. While exempt, the teen does not earn the LEAP enrollment, attendance, grade completion and graduation bonuses or attendance sanctions as described in paragraphs (G), (L), (P), and (M) of this rule.

With the exception of teens who are under the age of eighteen who meet the exemptions described in paragraphs (D)(1) to (D)(3) of this rule, all exempt teens under the age of eighteen shall be assigned to an alternative educational or training program defined by the county agency, in order to be eligible for OWF. In addition, all exempt LEAP teens who are age eighteen, except those teens who meet the exemptions described in paragraphs (D)(1) to (D)(3) of this rule, shall be either assigned to an alternative educational or training program defined by the county agency or referred for participation in a work activity in accordance with the provisions described in division 5101:1 of the Administrative Code.

The exemptions from LEAP participation are:

(1) The teen is the caretaker of a child under the age of twelve weeks old.

(2) The teen is excused from compulsory school attendance in accordance with section 3321.042 of the Revised Code for the purpose of home education.

(3) The teen is participating in an internet- or computer-based community school as defined in section 3314.02 of the Revised Code.

(4) Child care services are necessary for the teen to attend school, but child care is unavailable.

(5) Transportation to or from the teen's school is necessary and there is no public, private, or county agency supported transportation available.

(6) Transportation to or from child care is necessary and there is no public, private, or county agency supported transportation available.

(7) The teen is reasonably prevented from attending school by a physical or mental illness that is expected to last one month or longer.

(8) The child of the teen parent is ill with a physical or mental illness that is expected to last at least one month or longer and this requires full-time care by the teen.

(9) The teen is unable to attend school because the teen was expelled from school and another school or GED program is not available because:

(a) There is no public or private school or GED program within reasonable travel time or distance that will accept the teen; or

(b) There is a public or private school that will accept the teen but the tuition charge is prohibitive and the teen's school district refuses to pay the tuition.

(10) There are other exceptional circumstances that reasonably prevent the teen from attending school.

(E) What happens when there is a failure to meet an assessment or orientation requirement?

Teens identified as potentially subject to LEAP program requirements, and who do not meet the exemption conditions described in paragraphs (D)(1) to (D)(3) of this rule, shall be scheduled for an assessment interview and orientation as described in paragraph (C) of this rule. Failure, without good cause, to meet the assessment and orientation requirement will result in one of the following consequences described in paragraphs (E)(1) to (E)(2) of this rule.

When the county agency determines through available information that the teen is exempt as described in paragraphs (D)(1) to (D)(3) of this rule, neither of the consequences described in paragraphs (E)(1) to (E)(2) of this rule shall be proposed while the teen meets the exemption.

(1) Teen under the age of eighteen

A teen under the age of eighteen who is not exempt, as set forth in paragraph (D) of this rule, who fails without good cause to meet the assessment and orientation requirements, is ineligible to participate in OWF until the teen complies. However, this consequence affects only the teen and does not affect the eligibility of the teen's child(ren),

(2) Teen who is age eighteen

A teen who is age eighteen, who is not exempt as described in paragraph (D) of this rule, and who fails without good cause to meet the assessment and orientation requirements shall be referred for participation in a work activity, in accordance with the provisions described in division 5101:1 of the Administrative Code.

(F) Who shall enroll in and attend school or an alternative educational program?

(1) A teen under the age of eighteen who does not meet any of the exemptions described in paragraph (D) of this rule shall be assigned to enroll in and attend school.

(2) A teen under the age of eighteen who meets one of the exemptions in paragraphs (D)(4) to (D)(10) of this rule shall be assigned to an alternative educational or training program defined by the county agency. A teen assigned to this activity does not earn the LEAP enrollment, attendance, grade completion or graduation bonuses, or the LEAP attendance sanctions.

(3) A teen who is age eighteen who does not meet one of the exemptions described in paragraph (D) of this rule shall be assigned to enroll in and attend school.

(4) A teen who is age eighteen who meets one of the exemptions described in paragraphs (D)(4) to (D)(10) of this rule shall be either:

(a) Assigned to an alternative educational or training program defined by the county agency. A teen assigned to this activity does not earn the LEAP enrollment, attendance, grade completion or graduation bonuses, or the LEAP attendance sanctions; or

(b) Referred for participation in a work activity, in accordance with the provisions described in division 5101:1 of the Administrative Code.

(G) What are the requirements for school enrollment?

Within ten calendar days after the assessment and orientation, a LEAP teen who does not meet an exemption as described in paragraph (D) of this rule and who is determined by the county agency to be required to enroll in school as provided in paragraph (F) of this rule, shall be required to provide proof of enrollment in a school. This time period may be extended up to thirty days when there is documentation that school arrangements are being made. When enrollment is not possible because school enrollment personnel are not available (e.g., school is not open for enrollment during the summer months), the requirement shall be delayed until compliance is possible. The county agency shall document any delay in the case record.

A one-time enrollment bonus of one-hundred dollars is issued for each LEAP program participant included in the AG for the first enrollment following notification of the LEAP program requirements. The enrollment bonus is issued to the AG payee based upon the date of enrollment.

(1) When enrollment is verified prior to the beginning of the school year, the enrollment bonus shall be issued for the first month of the school year or for the month the teen is scheduled to begin attendance, whenever is later.

(2) When enrollment is verified after the beginning of the school year, the enrollment bonus shall be issued for the month that the teen is scheduled to begin attendance. When the teen is enrolled and attending school prior to the assessment and orientation, the enrollment bonus shall be issued for the month of assessment.

(H) What are the consequences for a failure to enroll as assigned?

When the teen fails to provide enrollment verification as specified in paragraph (G) of this rule, the county agency shall send the JFS 06904, "LEAP-Learning, Earning, And Parenting Seven-Day Good Cause Notice" or the Ohio benefits integrated eligibility system equivalent in order for the teen or the AG payee to provide good cause for having failed to provide enrollment verification. When the county agency subsequently determines that good cause does not exist, the county agency shall propose one of the following actions:

(1) A teen who is under the age of eighteen, who fails without good cause to enroll in school as assigned, is ineligible to participate in OWF. However, this consequence affects only the teen and does not affect the eligibility of the teen's child(ren).

(2) A teen who is age eighteen, who fails without good cause to enroll in school as assigned, shall be referred for participation in a work activity as described in division 5101:1 of the Administrative Code.

(I) How is school attendance tracked?

The county agency shall request that the school attendance officer in each school that has a LEAP program participant enrolled to provide information monthly to the county agency about each participant's attendance. The county agency shall also request that each school make available the attendance records and other school records of a participant when requested by the county agency or other agency acting on the behalf of the county agency. The signed JFS 06907, "LEAP - Learning, Earning, And Parenting Program School Information Release Form" shall be provided by the county agency for each student.

(1) The Ohio department of job and family services (ODJFS) will mail the Ohio benefits integrated eligibility system equivalent of the JFS 06903, "LEAP - Learning, Earning And Parenting School Absence Report" to each school each month containing the name of the LEAP program participant. The county agency shall request that the school review the actual attendance of the teen and to record the specific days the teen was absent and whether the absence was excused or unexcused. When the school monitors attendance by half days, the county agency shall request that any half-day absences be reported. The county agency shall request that the school forward the completed attendance information to the county agency to be received by the fifth calendar day following the end of the attendance month. When the fifth calendar day falls on a weekend or a state or federal legal holiday, the report shall be received by the next business day. The county agency shall review this information within five days of receipt.

(2) When the school that the teen is currently enrolled does not furnish the attendance information timely, and the county agency has not received information to the contrary, the teen shall be considered to have met the school attendance requirements in the attendance month.

(3) When the school does not keep daily attendance records, and the county agency has not received information to the contrary, the teen shall be considered to have met the school attendance requirement.

(4) The county agency may coordinate attendance reporting with the adult basic literacy and education coordinator in the county. To the extent possible, the adult and basic literacy and education instructor may be able to indicate the reason for an absence.

(5) When the school the participant is attending is not in regular session, including during holiday and summer breaks, or the teachers are on strike, the participant shall not be required to attend.

(J) How will LEAP attendance information be reviewed?

The county agency shall review the attendance information provided by the school.

(1) When the information reported under the category of "unexcused absences" is greater than the number stated in paragraph (L) of this rule, the county agency shall send the JFS 06904 or Ohio benefits integrated eligibility system equivalent to the AG payee in order to gain information concerning the "unexcused absences."

(2) When the total number of absences (excused and unexcused) reported exceeds the number of allowable absences and the number of unexcused absences is within the allowable limit, the county agency shall send the JFS 06904 or the Ohio benefits integrated eligibility system equivalent to the AG payee to gain information.

(3) When the county agency determines that good cause exists for an unexcused absence, the "unexcused absence" shall be considered "excused" for purposes of determining if attendance requirements have been met. When the county agency evaluates the reasons for the unexcused absence and finds good cause does not exist, or when the AG fails to respond within seven days to the JFS 06904, the "unexcused absence(s)" will be used in the determination of an imposition of a sanction.

(K) How is GED and adult basic literacy education participation information reviewed?

GED programs do not routinely capture information regarding the reason for a student's absence. For this reason, when the school reports any absences for a teen participating in a GED program, the county agency shall contact the teen to determine the reason for the absence. The county agency shall send the JFS 06904 or the Ohio benefits integrated eligibility system equivalent. The teen or AG payee, when different, shall have seven days to respond. The county agency shall evaluate the reason given for the absence using the good cause criteria described in paragraph (N) of this rule and process the information as described in paragraph (Q) of this rule. When there is no response to the JFS 06904 or Ohio benefits integrated eligibility system equivalent, the county agency shall assume that the absences reported by the school were unexcused absences.

(1) Teens enrolled in a GED or other high school equivalency program shall be required to attend classes up to the scheduled date of the GED test.

(2) The county agency shall attempt to coordinate attendance reporting with the adult basic literacy education coordinator in the county. Adult basic literacy education instructors may be able to indicate the reason for an absence.

(L) What is the LEAP attendance bonus?

A sixty-two dollar bonus shall be issued for each month that the attendance requirement is met. The attendance standard shall be considered to have been met when the LEAP program participant has four or fewer total absences in a month with no more than two of such absences unexcused.

(1) Teens with two or fewer unexcused absences but more than four total countable absences in a month shall not be eligible for the sixty-two dollar attendance bonus payment.

(2) Teens enrolled in a GED program shall be required to attend the number of classes per month listed below in order to receive the attendance bonus:

(a) When classes are held five days a week, the teen shall attend all classes but four a month. No more than two of the total absences may be unexcused absences.

(b) When classes are held four days a week, the teen shall attend all classes but three a month. No more than two of the absences may be unexcused.

(c) When classes are held three days a week, the teen shall attend all classes but two a month. No more than one of the total absences may be unexcused.

(d) When classes are held two days a week, the teen shall attend all classes but two a month. No more than one of the total absences may be unexcused.

(e) When classes are held one day a week, the teen shall attend all classes but one a month. The absence shall be an excused absence.

(3) A participant enrolled in a GED program who misses more than the total number of allowable class absences but does not exceed the number of allowable unexcused class absences shall not be eligible for the sixty-two dollar attendance bonus payment.

(4) Absences shall be waived when the absence is the result of the teen's or the teen's child's illness or injury, when the illness or injury is verified by a physician's statement. The county agency shall waive an absence when there is documentation that the absence was a result of a medical appointment for the teen or the teen's child that could not be scheduled outside of school hours. The county agency shall document that the absence has been waived.

(5) The attendance bonus is added to the assistance payment and issued in accordance with paragraph (Q) of this rule.

(6) A teen who complies with the attendance requirements as described in paragraphs (L)(1) to (L)(2) of this rule shall be eligible to receive the attendance bonus as a part of the recurring OWF payment.

(a) A teen subject to mandatory participation who fails to comply with the attendance requirements shall be subject to a sanction as described in paragraph (M) of this rule.

(b) During the first three months of attendance in the school year, beginning with the month that the enrollment bonus was issued, the JFS 06903 shall be received and reviewed for compliance with the LEAP program attendance requirements. Issuance of the bonus payment or application of the sanction based on attendance shall be determined retrospectively.

(M) What is the LEAP attendance sanction?

Teens with more than two unexcused absences in a month shall not be eligible for the attendance bonus payment and the assistance payment for the AG containing the LEAP program participant will be reduced by sixty-two dollars.

(1) For a teen enrolled in a GED program, the assistance payment for the AG containing the mandatory LEAP program participant shall be reduced by sixty-two dollars when the teen misses more than the total number of unexcused absences allowed in paragraph (L) of this rule.

(2) The teen or AG payee shall be required to report to the county agency within ten calendar days when the teen ceases to attend or officially withdraws from school. For a mandatory participant who has enrolled in school, and subsequently officially withdraws from school, one of the following consequences is applicable:

(a) For a teen who is under the age of eighteen, the teen is ineligible to participate beginning with the month following the month of withdrawal from school. The OWF payment for the AG shall be reduced accordingly. The prior notice requirements described in division 5101:6 of the Administrative Code are applicable.

(b) For a teen who is age eighteen when the teen ceases to attend or officially withdraws from school, the teen shall be referred to participate in a work activity as described in division 5101:1 of the Administrative Code.

(3) The reduction in the OWF payment as the result of the mandatory participant having excessive unexcused absences will be applied retrospectively as described in paragraph (Q) of this rule. The reduction in the OWF payment as the result of school withdrawal will be effective the month after the month of the withdrawal.

(N) What is considered good cause for non-attendance?

A teen shall be considered to have good cause for not attending school in the following situations. The county agency may require medical or other verification for all of the following circumstances:

(1) The teen was ill, injured, or incapacitated and was reasonably prevented from attending school;

(2) The child of the teen parent was ill, or injured and required care by the teen;

(3) The child care ordinarily used by the teen was temporarily unavailable and no alternative child care was available;

(4) The teen had a scheduled or emergency appointment for medical, dental or vision care;

(5) The child of the teen had a scheduled or emergency appointment for medical, dental or vision care that required the presence of the teen;

(6) A family member was ill and required full-time care by the teen. A "family member" is defined as an individual related by blood, marriage, adoption, legal assignment (foster parent) or is the other parent of the teen custodial parent's child. The family member shall live in the same household as the teen;

(7) A member of the immediate family died. "Immediate family" is defined as a husband, wife, parent, step-parent, grandparent, step-grandparent, sibling, step-sibling, adoptive sibling, child, stepchild, or the other parent of the teen custodial parent's child. A maximum of five consecutive school days of leave shall be allowed;

(8) A more distant family member died. This includes cousins, uncles, aunts, nephews and nieces. A maximum of three consecutive school days of leave shall be allowed;

(9) Transportation to or from the teen's school is necessary and the transportation ordinarily used was temporarily unavailable;

(10) Transportation to or from child care is necessary and the transportation ordinarily used was temporarily unavailable;

(11) The teen had a scheduled or emergency appointment at a court or the county agency;

(12) Other exceptional circumstance existed that reasonably prevented the teen from attending school.

(O) What happens when an individual fails to comply with their assignment?

Teens who meet one of the exemptions described in paragraphs (D)(4) to (D)(10) of this rule shall be assigned to an alternative educational or training program defined by the county agency, in order to be eligible to participate in OWF. Failure by the teen to comply without good cause with this assignment will result in one of the following two consequences:

(1) A teen who is under eighteen who fails without good cause to comply with the alternative educational or training program assignment defined by the county agency is ineligible to participate in OWF.

(2) A teen who is age eighteen who fails without good cause to comply with the alternative educational or training program assignment defined by the county agency shall be referred for participation in a work activity as described in division 5101:1 of the Administrative Code.

(P) What are the grade completion and graduation bonuses?

(1) Grade completion bonus

A one-hundred dollar grade-completion bonus shall be issued for each LEAP program participant included in the AG for each subsequent grade completed, except grade twelve, in a school or alternative school. Grade completion shall be defined by the local school district.

(a) The grade completion bonus shall be issued upon verification from the school that the LEAP program participant has achieved grade completion for the school year. The grade completion bonus is not issued in the retrospective cycle.

(b) Grade completion bonuses shall not be made for participants in adult basic literacy and education courses.

(2) Graduation bonus

A one-time five-hundred dollar bonus shall be issued for a LEAP program participant who has graduated from high school or obtained a high school equivalence diploma. The graduation bonus shall be issued upon verification that the LEAP teen has graduated or obtained a high school equivalence diploma. The graduation bonus is not issued in the retrospective cycle.

(Q) What is the LEAP retrospective cycle?

(1) The LEAP retrospective cycle is comprised of four sequential months. The cycle begins with the attendance month, continues with two processing months, and ends with the payment month. The retrospective cycle remains in place throughout the school year. Attendance shall not be monitored for teens attending summer school. However, when the teen is enrolled and attending a GED program that begins or continues during the summer months, attendance shall be monitored and issuance of the attendance bonus or application of the sanction based on attendance shall be determined using the retrospective cycle.

(2) The following conditions relate to the application of the attendance bonus and the sanction:

(a) The attendance bonus shall not be issued when there is no OWF eligibility in the corresponding payment month.

(b) The attendance bonus and the sanction shall remain with the teen when the teen becomes a member of a new AG.

(i) When the AG was ineligible for OWF in a particular attendance month but reapplies and is eligible for OWF in the corresponding payment month, any bonus earned in the attendance month shall be payable in the corresponding payment month.

(ii) When the teen had excessive unexcused absences during the attendance month that the AG was ineligible for OWF, no sanction shall be applied in the corresponding payment month.

(3) The penalties for failure to attend the scheduled assessment interview, failure to enroll in school, withdrawal from school, or failure to comply with an alternative educational or training program assignment are effective the month following the month of failure or withdrawal, and the retrospective cycle is not used to apply these penalties.

(4) When the participant is no longer subject to the LEAP program requirements and eligibility for OWF continues, the change shall be effective the month following the month the individual's LEAP program requirements end. However, the issuance of the attendance bonus payment or application of the sanction based on attendance information shall continue in the retrospective cycle provided eligibility for OWF continues.

(5) When the mandatory participant who has been ineligible for failure to enroll and to attend school reports and verifies a change in circumstances that allows an exemption from participation, as provided in paragraph (D) of this rule, the change shall be handled in the manner of all reported changes that increase the assistance payment.

(6) When the mandatory participant has been enrolled and has been meeting the school attendance requirement, any change occurring that would allow the teen to be exempt shall be effective the month following the month of change. However, because of the retrospective cycle, the change shall not be reflected until the corresponding payment month.

(7) When the exempt participant meets the reporting responsibilities described in rule 5101:1-2-20 of the Administrative Code and complies with LEAP program requirements, no sanction shall be proposed and no erroneous payment, as defined in section 5107.76 of the Revised Code, occurs. However, when the teen fails to comply with LEAP program requirements, an erroneous payment occurs beginning the first day of the month following the month that the change occurred.

(8) When the teen fails to meet the reporting responsibilities and the county agency determined a change has occurred that would result in the loss of exemption status, the county agency shall schedule an assessment interview. When the teen complies with the assessment and enrollment requirements, an erroneous payment would be computed beginning with the first day of the month following the month the change occurred and would continue until the last day of the month prior to the month of the assessment. When the teen fails to comply with the assessment and enrollment requirements, the erroneous payment shall be computed beginning with the first day of the month following the month of change and shall continue through the last day of the month prior to the imposition of the appropriate penalty.

(R) What are the LEAP and SSC requirements for minor heads of households?

(1) Minor heads of households are subject to both LEAP and SSC requirements. LEAP is the appropriate assignment under the SSC for minor heads of households. When the LEAP teen fails to comply with the LEAP program requirements but complies with all other provisions of the SSC, the teen is subject to the LEAP sanctions and penalties as described in this rule. When the LEAP teen fails to comply with any of the provisions of the SSC, the teen is subject to the sanctions described in section 5107.16 of the Revised Code.

(2) A teen who is eighteen who is a work program participant has the option of returning to regular LEAP participation.

(3) This option cannot be utilized to avoid implementation of a sanction as described in section 5107.16 of the Revised Code.

(S) Is a LEAP required teen exempt from LEAP participation when he or she is a mandatory or volunteer participant in the comprehensive case management and employment program (CCMEP)?

Participation in CCMEP does not exempt a LEAP required teen from LEAP participation. In accordance with rule 5101:14-1-05 of the Administrative Code, a LEAP required teen shall be assigned to participate in LEAP. When the LEAP teen fails to comply with the LEAP program requirements the teen is subject to the LEAP sanctions and penalties described in this rule. Failures to comply with the individual opportunity plan (IOP) are described in rule 5101:14-1-05 of the Administrative Code.

Last updated October 1, 2026 at 9:27 AM

History

Effective: October 1, 2026
Promulgated Under: 119.03

Ohio Adm.Code 5101:1-3-15

(A) Which section of the Revised Code applies to three-tier sanctions?

(B) What is a sanction?

A sanction is the denial or termination of an assistance group's eligibility to participate in Ohio works first (OWF) due to a member of the assistance group failing and/or refusing to comply in full with a provision of the self sufficiency contract without good cause as set forth in rule 5101:1-3-13 of the Administrative Code.

For purposes of this rule a payment month means a calendar month and sanctions shall be imposed as follows:

(1) For a first failure or refusal, the county agency shall deny or terminate benefits for one calendar month or until the failure or refusal ceases, whichever is longer.

(2) For a second failure or refusal, the county agency shall deny or terminate benefits for three calendar months or until the failure or refusal ceases, whichever is longer.

(3) For a third or subsequent failure or refusal, the county agency shall deny or terminate benefits for six calendar months or until the failure or refusal ceases, whichever is longer.

(4) Subsequent failures and/or refusals without good cause to comply with a provision in the self sufficiency contract that occur up until the imposition of the sanction are considered the same occurrence.

(5) In a two-parent assistance group, the assistance group's number of occurrences is the higher amount that either individual incurred prior to the formation of the two-parent assistance group.

(6) Individuals in a two-parent assistance group who separate carry only the occurrences caused by their own failure and/or refusals into another assistance group.

(D) Who is included in the sanction?

All individuals in the OWF assistance group in accordance with rule 5101:1-23-10 of the Administrative Code at the time of the failure and/or refusal are included in the sanction. An assistance group must include the non-recipient work eligible individual as set forth in rule 5101:1-3-12 of the Administrative Code.

(E) When does an imposed sanction become effective?

(1) For applicant assistance groups the sanction period begins with the date of application.

(2) For recipient assistance groups the sanction period begins with the next recurring month following the expiration of the adverse action period as set forth in rule 5101:6-2-04 of the Administrative Code unless a hearing is requested pursuant to the provisions of division 5101:6 of the Administrative Code. If a hearing is requested timely and the assistance group continues to receive OWF the work requirements are applicable.

(3) If a hearing request is made within fifteen calendar days after the mailing of the notice, the imposition of the sanction is postponed. If a hearing request is made after the fifteenth day, but on or before the ninetieth day, the hearing shall be conducted but the sanction is not postponed.

(4) Sanctions shall not be held in abeyance. For assistance groups whose OWF benefits are terminated for another reason, the sanction period begins with the month after OWF is terminated for the assistance group, subject to the prior notice of adverse action requirements as set forth in rule 5101:6-2-04 of the Administrative Code.

(F) How is an assistance group notified of the proposed sanction?

Before a county agency sanctions an assistance group pursuant to paragraph (C) of this rule, the Ohio department of job and family services (ODJFS) shall provide the assistance group with written notice of the sanction failure and/or refusal dates and failed and/or refused hours when applicable.

(G) How is a sanction ended?

The assistance group member who failed or refused a provision of the self sufficiency contract must:

(1) Sign and submit to the county agency a JFS 03804 "Ohio Works First/Supplemental Nutrition Assistance Program (SNAP) Sanction Compliance Agreement" or the statewide automated eligibility system equivalent; and

(2) Serve the minimum sanction period.

(3) For a second and any subsequent sanction the assistance group member who failed and/or refused, to comply with a provision of the self sufficiency contract without good cause, must demonstrate a willingness to comply with the self sufficiency contract through the completion of an appropriate compliance activity as assigned by the county agency as set forth in paragraph (H) of this rule.

(H) What are acceptable compliance activities?

(1) For applicant and recipient sanctions imposed due to a failure and/or refusal to complete a work activity and/or alternative activity without good cause, the compliance assignment shall:

(a) Consist of no more than the missed hours listed on the notice provided in paragraph (F) of this rule for a consecutive fourteen day period.

(b) The consecutive fourteen day period begins with the first work or alternative activity failure and/or refusal date indicated on the notice.

(d) Work eligible individuals may not complete work and/or alternative activity hours in a compliance activity prior to the imposition of the sanction.

(2) For recipient sanctions proposed due to a failure and/or refusal to cooperate with the child support enforcement agency without good cause, the sanctioned assistance group member's child support compliance activity shall be determined by the child support enforcement agency.

(3) For recipient sanctions proposed due to all other types of failures or refusals without good cause the work eligible individual's compliance activity shall be determined by the county agency.

(I) What if the compliance activity is not completed?

(1) The county agency shall determine if good cause exists for each failure, refusal or absence. If the county agency determines the failure, refusal or absence was a result of a good cause reason the hours or other compliance activity shall be considered completed by the sanctioned individual. Good cause reasons are limited to:

(a) Holidays as set forth in rule 5101:1-3-12 of the Administrative Code; and

(b) Good cause reasons as defined in rule 5101:1-3-13 of the Administrative Code.

(2) If the county agency does not find good cause for a failure and/or refusal to complete a compliance activity:

(a) For work and/or alternative compliance activities, the sanctioned individual shall start all work and/or alternative compliance activities again.

(b) For compliance with the child support enforcement agency, the sanctioned individual shall work with the child support enforcement agency until compliance is met.

(c) For other compliance activities, the sanctioned individual shall work with the county agency until the county agency determined compliance is met.

(J) When shall OWF be reinstated?

OWF shall be reinstated the first day of the month following the expiration of the minimum sanction period when all of the following are met:

(1) The assistance group member who failed and/or refused a provision of the self sufficiency contract has entered into a new or amended self sufficiency contract with the county agency;

(2) The sanction compliance activity is completed on or before the last day of the minimum sanction period; and

(3) All other eligibility requirements are met. If the assistance group's circumstances have changed such that the county agency questions the eligibility for OWF, the county agency shall request the necessary verifications, as set forth in rule 5101:1-2-20 of the Administrative Code, to establish eligibility. Every effort shall be made by the county agency to determine eligibility before the expiration of the minimum sanction period. This time frame for reinstating OWF benefits following the expiration of the sanction period may be exceeded if the following occurs:

(a) There is a failure, with good cause, to secure the necessary verifications; and

(b) The failure to secure the verifications is considered beyond the control of the county agency or the assistance group.

(K) When shall OWF benefits not be reinstated?

The situations in which OWF shall not be reinstated are when:

(1) The assistance group was sanctioned as an applicant assistance group;

(2) It is time for the assistance group's regularly scheduled eligibility redetermination; or

(3) The individual who caused the sanction has not completed sanction compliance, as set forth in paragraphs (G) and (H) of this rule, or failed and/or refused to enter into a new or amended self sufficiency contract, before the last day of the minimum sanction period.

(L) How can an assistance group get OWF benefits if they are not reinstated?

When OWF is not reinstated:

(1) The assistance group must reapply as set forth in rule 5101:1-2-01 of the Administrative Code.

(2) OWF eligibility begins either when sanction compliance has been met or the date of application, whichever is later.

(M) Does a sanction move with an assistance group member?

(1) If the individual who caused the sanction becomes a required member of a new assistance group, that assistance group is not eligible to receive OWF benefits until the expiration of the minimum sanction period and the completion of the sanction compliance as set forth in paragraphs (G) and (H) of this rule by the sanctioned individual.

(2) If the adults in a sanctioned assistance group who did not cause the sanction become required member(s) of a new assistance group, that assistance group is not eligible to receive OWF benefits until the expiration of the minimum sanction period.

(3) If only the minor children who no longer reside with the original sanctioned adults become required members of a new assistance group, they may be eligible for OWF and are not required to serve the minimum sanction period.

(N) What social services are sanctioned assistance groups eligible for?

An assistance group that would be participating in OWF if not for a sanction shall continue to be eligible for all of the following:

(1) Publicly funded child care in accordance with division (A)(3) of section 5104.30 of the Revised Code;

(2) Support services in accordance with section 5107.66 of the Revised Code; and

(3) To the extent permitted by the Fair Labor Standards Act of 1938, 52 Stat. 1060, 29 U.S.C.A. 201 (05/11), to participate in work activities and alternative activities.

Last updated January 2, 2024 at 8:45 AM

History

Effective: January 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 5101:6-10-01

(A) This rule describes the hearing process for an individual who has been referred for or received comprehensive case management and employment program (CCMEP) services. Nothing in this rule would preclude an appellant from pursuing appeal rights under Section 181(c) of the Workforce Innovation and Opportunity Act (WIOA), Pub. L. No. 113-128 (as in effect on December 1, 2019) or 45 C.F.R. 205.10 (as in effect on January 1, 2022) for "Temporary Assistance for Needy Families" (TANF).

(B) Definitions.

(1) "Appellant," for the purposes of this rule, means an individual who has been referred for CCMEP services, or who is already receiving CCMEP services, who appeals to the bureau of state hearings any CCMEP-related dispute, and includes an individual younger than age eighteen, if the individual is represented by a parent, legal guardian or custodian, or authorized representative.

(2) "Authorized representative" has the same meaning as described in rule 5101:6-1-01 of the Administrative Code.

(3) "Exit notice" means a written notice of adverse action terminating CCMEP eligibility in accordance with rule 5101:14-1-06 of the Administrative Code.

(4) "Federal timeliness period" means the date on which a state hearing request is first received by the bureau of state hearings plus ninety calendar days. If the ninetieth calendar day falls on a weekend or holiday, then the next business day shall be the ninetieth day for the purpose of timeliness.

(5) "Individual" means any person, who at the time of initial enrollment is at least age fourteen but not more than age twenty-four years, who is referred for CCMEP services, or who is already receiving CCMEP services; and, if the person is under age eighteen, includes the person's parent, legal guardian or custodian, or authorized representative.

(6) "Informal conference" means a meeting facilitated by the "Equal Opportunity Officer" (EOO) or the EOO designee during which the facts and circumstances attending a complaint are examined in an effort to informally resolve a complaint.

(7) "Issued" and "mailed," when used in reference to notices, decisions, and other documents, means the date the document is sent by either electronic mail or U.S. mail, or hand-delivered, whichever is earlier.

(8) "Local agency" means a county department of job and family services, a workforce development agency, or both. A local agency may also be considered a lead agency for the purposes of this rule.

(9) "Local area" has the same meaning as described in Section 3 of WIOA.

(10) "Local hearing" means a quasi-judicial forum convened and presided over by the local agency hearing officer.

(11) "Parent" means a natural or adoptive parent, or stepparent.

(12) "Services" has the same meaning as described in paragraph (E) of rule 5101:14-1-02 of the Administrative Code.

Any individual referred for CCMEP services, receiving CCMEP services, or who believes he or she should have been receiving CCMEP services, may file a complaint and/or request a hearing, as described in paragraph (D) of this rule, whenever the individual believes the local agency has failed to fulfill its duties, as described in Chapter 5101:14-1 of the Administrative Code. Any such request may be verbal or in writing and identify how the alleged violation of Chapter 5101:14-1 of the Administrative Code affects the individual's receipt of CCMEP services.

(D) Complaint and appeal process for CCMEP.

(1) The complaint and appeal process described in this rule shall not apply to an individual who receives an Ohio works first (OWF) sanction termination notice, as described in rule 5101:1-3-15 of the Administrative Code, as an OWF sanction appeal may be pursued in accordance with rule 5101:6-3-01 of the Administrative Code.

(2) Process for appeals when an exit notice is received, as described in rule 5101:14-1-06 of the Administrative Code.

(a) In the event the individual receives an exit notice from the local agency, the individual shall be permitted to appeal by requesting a state hearing. The individual shall be provided ninety calendar days from the date the CCMEP exit notice is mailed to submit a timely state hearing request. If the ninetieth day falls on a weekend or holiday, then the next business day shall be recorded as the ninetieth day. The appellant may withdraw the state hearing request at any time prior to a state hearing being held or a decision being issued.

(b) Exit notices or notifications issued by the bureau of state hearings, the local area, or the local agency may be sent by either U.S. mail or its electronic equivalent, or hand delivered to the individual.

(3) Except as provided in paragraphs (D)(1) and (D)(2) of this rule, the process for all CCMEP-related complaints and appeals shall be as provided:

(a) An individual who wishes to file a CCMEP-related complaint shall first file a complaint with the local agency with sufficient details to identify the parties and to describe generally the alleged actions, practices, or violations that caused the complaint to be filed. The individual is to file the complaint within three hundred sixty-five days of the date of the CCMEP-related incident that caused the dispute. Within ten calendar days of the date the complaint is received, the local agency shall hold an informal conference with the individual.

(b) If a satisfactory resolution is not reached through the informal conference, the local agency shall afford the individual an opportunity for a local hearing. If the individual requests a local hearing, the local agency shall assign an independent, objective, and impartial individual (preferably a third party) to schedule and hold a local hearing and issue a decision within sixty calendar days of the date the CCMEP-related complaint was initially filed.

(c) If a timely local hearing decision is issued, and either the individual or local agency disagrees with the decision, then that party may appeal by requesting a state hearing with the bureau of state hearings. A request for a state hearing shall be made within ninety calendar days of the date the local hearing decision is issued by the independent, objective, and impartial individual designated by the local agency.

(d) If, within sixty calendar days of the date the individual first files a timely complaint with the local agency, the local agency fails to conduct the informal conference or local hearing, or issue the local hearing decision, then the individual shall be permitted to request a state hearing directly with the bureau of state hearings. A state hearing request made under this provision shall be made either within three hundred sixty-five calendar days of the date of the initial CCMEP-related incident that caused the complaint to be filed with the local agency, or within one hundred fifty calendar days of the date the complaint was timely filed with the local agency, whichever date comes later.

(E) Denial notices sent by the bureau of state hearings shall be issued to the appellant and, when applicable, to the local agency, in writing or by its electronic equivalent, as permitted by federal law. Denials of state hearing requests for CCMEP shall occur when:

(1) The request is not timely, as described in paragraph (D) or (J)(2)(c) of this rule.

(2) The request was not made by the appellant, or his/her authorized representative.

(3) The issue is not appealable as a basis described in paragraph (C) of this rule.

(4) The sole issue is a change in federal or state policy.

(5) The issue was previously decided through the state hearing process.

(6) The appellant has not complied with paragraphs (D)(3)(a) and (D)(3)(b) of this rule, and a scheduling notice was issued in error.

(F) An appellant who fails to participate on the day of the scheduled state hearing date may not be rescheduled without providing evidence of good cause, as defined in rule 5101:6-5-03 of the Administrative Code. The appellant shall have ten calendar days from the mailing date of the abandonment notice to provide evidence of good cause. Any denial of good cause shall be sent by the bureau of state hearings to the appellant in writing or by its electronic equivalent, as permitted by federal law.

(G) The state hearing shall be conducted in accordance with rules 5101:6-6-01 to 5101:6-6-04 of the Administrative Code.

(H) The state hearing decision shall be processed in accordance with rule 5101:6-7-01 of the Administrative Code, except for the timely issuance provision. The state hearing decision shall be issued within the federal timeliness period.

(I) When a state hearing officer issues a decision ordering compliance, the local agency shall have fifteen calendar days or the federal timeliness period, whichever is less, to comply with the order. Compliance is achieved upon review and approval of the compliance documentation demonstrating the hearing officer's recommendations have been followed by the local agency.

(J) Second level appeal rights.

(1) Appeal to the U.S. department of labor. If the state hearing decision identifies the services as being funded under WIOA, the party adversely affected by the decision may appeal to the department of labor, as described in Section 181(c) of WIOA.

(a) The appellant or local agency shall file the appeal request with the "U.S. Department of Labor Secretary" by certified mail, return receipt requested. The appellant shall also send a copy of the appeal by U.S. mail to the:

(i) "Employment and Training Regional Administrator," and the

(ii) "Ohio Department of Job and Family Services, Bureau of State Hearings."

(b) Upon receipt of the department of labor response, for those issues not addressed by the department of labor, the appellant may request an administrative appeal as described in paragraph (J)(2) of this rule.

(2) Requesting an administrative appeal.

(a) The appellant may request an administrative appeal if the appellant disagrees with the outcome of the state hearing decision and the state hearing decision identifies the service as being funded under TANF.

(b) An administrative appeal may also be requested:

(i) If the appellant disagrees with:

(a) A denial of a state hearing request; or

(b) The denial of a good cause exception; or

(ii) For any issues appealed to the department of labor, which the department of labor declined to address.

(c) The appellant shall have fifteen calendar days from the mailing date of any decision described in paragraph (J)(2)(a) or (J)(2)(b) of this rule to request an administrative appeal. The administrative appeal must be in writing. The appellant may withdraw the administrative appeal request at any time prior to an administrative appeal decision being issued.

(d) The administrative appeal process is outlined in rule 5101:6-8-01 of the Administrative Code. However, the administrative appeal decision must be issued within the federal timeliness period for CCMEP administrative appeals.

(e) When an administrative appeal examiner issues an administrative appeal decision ordering compliance, the local agency shall have fifteen calendar days or the federal timeliness period, whichever is less, to comply with the order. Compliance is achieved upon review and approval of the compliance documentation demonstrating the administrative appeal examiner's recommendations have been followed by the local agency.

(K) A missed deadline by either the local agency or the bureau of state hearings does not preclude an appellant who was referred for or received services funded under WIOA from making a complaint to the department of labor pursuant to Section 181(c) of WIOA.

(L) An appellant who was referred for or received services funded under TANF and disagrees with the administrative appeal decision may pursue further appeal rights, as described in rule 5101:6-9-01 of the Administrative Code.

(M) Local agency responsibilities. The CCMEP local agency shall do all of the following:

(1) Provide the individual notice of his or her CCMEP hearing rights and issue any required notices to the individual.

(2) Assist the individual, at the individual's request, in drafting and filing the initial complaint, as described in paragraph (D)(3) of this rule and provide the appellant the opportunity to first utilize the informal conference and local hearing to address CCMEP issues, as described in paragraphs (D)(3)(a) and (D)(3)(b) or this rule.

(3) Assist the individual, at the individual's request, in initiating a state hearing request, when the individual receives services under paragraph (D)(2) of this rule.

(4) Utilize the CCMEP rules outlined in Chapter 5101:14-1 of the Administrative Code to address CCMEP complaints and hearings. If the issue cannot be resolved using rules found in Chapter 5101:14-1 of the Administrative Code, the local agency may utilize the CCMEP program plan submitted in accordance with Chapter 5101:14-1 of the Administrative Code.

(5) Submit an electronic state hearing request to the bureau of state hearings via the state hearings electronic hearings and appeals tracking system within twenty-four hours of receipt of the state hearing request.

(6) Prepare an appeal summary and, upon request, make it available to the appellant at least three business days in advance of the scheduled state hearing. In addition, the local agency shall submit the appeal summary to the bureau of state hearings via the electronic hearings and appeals tracking system at least three business days in advance of the scheduled hearing.

(7) Follow through with the hearing authority's final administrative decision and order, including compliance and due dates, as instructed in the state hearing decision. Compliance with the state hearing decision is required even if a second level appeal is filed under paragraph (J)(1) of this rule.

Last updated April 3, 2023 at 8:33 AM

History

Effective: April 1, 2023
Promulgated Under: 119.03

Ohio Administrative Code 5101:14 — Department of Job and Family Services | Comprehensive Case Management and Employment Program

Chapter 5101:14-1 Comprehensive Case Management and Employment Program

Ohio Adm.Code 5101:14-1-01 Comprehensive case management and employment program: definitions.

Ohio Adm.Code 5101:14-1-06

Ohio Adm.Code 5101:14-1-04

Ohio Adm.Code 5101:14-1-02

Ohio Adm.Code 5101:1-2-01

Ohio Adm.Code 5101:9-7-05

Ohio Adm.Code 5101:14-1-07

Ohio Adm.Code 5101:1-3-13

Ohio Adm.Code 5101:1-2-30

Ohio Adm.Code 5101:4-4-11

Ohio Adm.Code 5101:1-23-01

Ohio Adm.Code 5101:14-1-05

Ohio Adm.Code 5101:9-30-04

Ohio Adm.Code 5101:1-3-01

Ohio Adm.Code 5101:1-23-50

Ohio Adm.Code 5101:1-3-15

Ohio Adm.Code 5101:6-10-01

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