Ohio Adm.Code 5180:6 | Ohio Administrative Code 5180:6 — Department of Children and Youth | Early Care and Education Eligibility

Chapter 5180:6-1 Publicly Funded Child Care

Ohio Adm.Code 5180:6-1-01 Definitions for eligibility for publicly funded child care benefits.

(A) "Absent day" means any day that a child is authorized and scheduled to be in the care of the program, but is not in attendance, and child care would have been provided had the child been present with the program.

(B) "Adult" means an individual who is age eighteen or older.

(C) "Authorization" means the hours that a county department of job and family services (CDJFS) determines that a child may receive publicly funded child care (PFCC) from an eligible program chosen by the caretaker. The authorization is related to the number of hours of the caretaker's qualifying activities.

(D) "Authorized representative" in the Ohio benefits integrated eligibility system means an individual other than the caretaker applying for and/or receiving PFCC benefits, who is at least eighteen years of age and is identified in writing by the caretaker to act on their behalf. The authorized representative may do all of the following:

(1) Act on my behalf in all matters with the CDJFS and the Ohio department of children and youth (DCY).

(2) Assist with my application /recertification for benefits.

(3) Provide verifications to the CDJFS on my behalf.

(4) Report changes which may affect my eligibility for early care and education services on my behalf.

(5) Receive and respond to copies of all correspondence.

(6) Represent me at a state hearing.

(E) "Automated child care system" means the automated electronic child care system that tracks attendance and calculates payments for PFCC.

(F) "Border state child care program" means a child care program who is licensed, certified, or otherwise approved by the border state to provide child care services. A border state child care program may provide publicly funded child care only to a recipient who resides in an Ohio county.

(G) "Caretaker" has the same meaning as "caretaker parent" as defined in section 5104.01 of the Revised Code.

(H) "Child" means an infant, toddler, preschool child, or school-age child up to age eighteen.

(I) "Child care" per section 5104.01 of the Revised Code means all of the following:

(1) Administering to the needs of infants, toddlers, preschool-age children and school-age children outside of school hours;

(2) By persons other than their parents, guardians, or custodians;

(3) For part of the twenty-four-hour day;

(4) In a place other than a child's own home, except that an in-home aide provides child care in the child's own home;

(5) By a program required by Chapter 5104. of the Revised Code to be licensed or approved by DCY, certified by a CDJFS, or under contract with the department to provide PFCC as described in section 5104.32 of the Revised Code.

(J) "Designee/Sponsor" means the individual designated by the caretaker to record attendance for a child receiving PFCC at an authorized program.

(1) The caretaker is not to designate a child who is an infant, toddler or preschool child.

(2) The caretaker is not to designate the authorized program or anyone acting in any capacity for the program.

(3) A school-age child that is a designee/sponsor may only track attendance for themselves and other school-age children authorized on the same case and to the same program.

(K) "Eligibility period" means a period of at least twelve months that a family is determined eligible for PFCC, or the period until the family no longer meets eligibility requirements or requests termination. The family's eligibility period ends on the last day of the twelfth month of eligibility.

(L) "Eligible program" means a child care program who is eligible to receive public funds in accordance with Chapter 5104. of the Revised Code and rule 5180:6-1-09 of the Administrative Code.

(M) "Head Start program" means a school-readiness program that satisfies all of the following:

(1) Is for children from birth to age five who are from low-income families;

(2) Receives funds distributed under the "Improving Head Start for School-Readiness Act of 2007," 42 U.S.C. 9831, as in effect on 10/01/2021; and

(3) Is licensed as a child care program.

(N) "Homeless children" as defined in 42 U.S.C. 11434a(2)(2015) means individuals who lack a fixed, regular, and adequate nighttime residence (within the meaning of 42 U.S.C. 11302(a)(1)(2014), and includes all of the following:

(1) Children who are sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason; are living in motels, hotels, trailer parks, or camping grounds due to the lack of alternative adequate accommodations; are living in emergency or transitional shelters; or are abandoned in hospitals.

(2) Children who have a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings (within the meaning of 42 U.S.C. 11302(a)(2)(C).

(3) Children who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings.

(4) Migratory children (as such term is defined in section 1309 of the Elementary and Secondary Education Act of 1965) who qualify as homeless for the purposes of this subtitle because the children are living in circumstances described in paragraphs (N)(1) to (N)(3) of this rule.

(O) "Income" means gross income, as defined in rule 5180:6-1-03 of the Administrative Code.

(P) "Infant" means a child under eighteen months of age.

(Q) "In loco parentis" means an adult who is the caretaker of a child, including a relative, foster parent or stepparent, who is charged with the rights, duties and responsibilities of a parent and whose presence in the home is needed to perform these rights, duties and responsibilities.

(R) "Minor parent" means a caretaker who is under age eighteen.

(S) "Ohio benefits integrated eligibility system" means the centralized automated system that supports county agencies.

(T) "Preschool child" means a child who is three years old or older but is not a school child.

(U) "Professional development day" means a day in which a program would normally provide child care for currently enrolled and scheduled children, but has closed to the public so that the program and/or child care staff may undergo training meant to improve their professional knowledge, competence, skill and effectiveness as child care professionals.

(V) "Publicly funded child care" is the care of infants, toddlers, preschool children, and school-age children under age thirteen by an eligible program. PFCC is paid, wholly or in part, with federal or state funds, including funds available under the child care block grant act Title IV-A, and Title XX, distributed by DCY.

(W) "School-age child" means a child who is enrolled in and attending a grade of kindergarten or above but is less than fifteen years old or, in the case of a child who is receiving special needs child care, is less than eighteen years old.

(X) "School hours" means the standardized hours of school as defined by the child's school. If the child is homeschooled, school hours are defined by the public school the child would attend if not being homeschooled.

(Y) "School not in session" means a day during the DCY defined school year when a school-age child is not able to attend school due to an official school closure, including a delayed start time or an early dismissal time.

(Z) "School year" is defined by DCY as the first Sunday in September through the last Saturday in May.

(AA) "Special needs child care" refers to care provided for a child under the age of eighteen who:

(1) Has one or more chronic (ongoing) health conditions; or

(2) Requires additional support due to severe developmental differences in one or more of the following areas:

(a) Social development.

(b) Emotional development.

(d) Communication skills.

(e) Perception skills.

(f) Perception and sensory processing.

(g) Motor skills.

(h) Physical health or mobility.

(i) Behavioral development.

(3) These needs require regular and ongoing adaptations and/or daily specialized support to support their child's development. As a result, the level of care needed is significantly increased and leads to ongoing additional expenses for the child care program.

(BB) "Step up to quality (SUTQ)" means the tiered quality rating system for licensed child care programs in Ohio.

(CC) "Temporary absence" is when a caretaker is out of the home for up to forty-five consecutive days with a definite plan to return to the household.

(DD) "Toddler" means a child who is at least eighteen months of age but is less than three years of age.

(EE) "Week" is the seven-day period from twelve a.m. Sunday to eleven fifty-nine p.m. Saturday.

Last updated August 3, 2026 at 8:39 AM

History

Effective: August 1, 2026
Promulgated Under: 119.03

Ohio Adm.Code 5180:6-1-09

(A) Who is eligible to sign an agreement to provide publicly funded child care (PFCC)?

(1) A child care program who operates a licensed child care center; a licensed type A or type B child care home; a licensed preschool program; a licensed school-age program; an approved child day camp; a certified in-home aide; or a regulated border state program is eligible to sign a provider agreement.

(a) A licensed preschool or school-age program is to become eligible to sign a provider agreement after complying with the background check requirements pursuant to rule 5180:2-12-09 of the Administrative Code.

(b) A border state program is to register in Ohio's statewide licensing system prior to signing a provider agreement.

(2) Except as described in paragraph (A)(3) of this rule, a program who operates a licensed child care program is to be eligible to provide PFCC only if the program is rated through the step up to quality program established pursuant to section 5104.29 of the Revised Code.

(3) A program is exempt from paragraph (A)(2) of this rule if the program operates any of the following:

(a) A program that operates only during the summer and not for more than fifteen consecutive weeks.

(b) A program that operates only during school breaks.

(d) A program that holds a provisional license issued under section 5104.03 of the Revised Code.

(e) A program that had its' step up to quality program rating removed by the Ohio department of children and youth (DCY) within the previous twelve months.

(f) A program that is the subject of a revocation action initiated by DCY, but the license has not yet been revoked.

(g) A licensed child care center, licensed pre-school or school-age program that provides PFCC to less than twenty-five per cent of the program's license capacity.

(h) A program that is a type A family child care home or licensed type B family child care home.

(4) Programs with a signed provider agreement are to maintain compliance with all requirements of the Child Care and Development Block Grant Act (CCDBG) of 1990, established in section 5082 of the Omnibus Budget Reconciliation Act of 1990, 104 Stat. 1388-236 (1990), 42 U.S.C. 9858, and reauthorized and amended by the CCDBG Act of 2014, Pub. L. No. 113-186, 128 Stat. 1971 (2014) 42 U.S.C. 9858.

(B) What are the program requirements to sign an agreement for PFCC?

(1) Programs are eligible for payment after they complete the provider agreement with DCY located at https://oclqs.my.site.com/oclqs_home and have entered all required information.

(a) The provider agreement is effective on the date it is signed and submitted by the program or the date the program becomes an eligible program pursuant to paragraph (A) of this rule, whichever is later.

(b) The provider agreement as entered into with DCY may be terminated if DCY determines misuse of PFCC or the automated child care system.

(c) The provider agreement as entered into with DCY may be terminated in accordance with the terms contained in the agreement.

(d) The provider agreement is to be terminated if the eligible program fails to maintain approval as an eligible program.

(e) Programs of PFCC with a valid provider agreement are not to be considered employees of DCY but are to be considered independent contractors who are responsible for the requirements of self-employment pursuant to sections 5104.03 and 5104.12 of the Revised Code.

(2) DCY is to pay eligible child care programs for PFCC services provided to eligible caretakers authorized to that program.

(a) An eligible child care program who provides child care services for a caretaker who is potentially eligible for PFCC benefits shall be paid for child care services if an authorization is created by the county department of job and family services (CDJFS) pursuant to rule 5180:6-1-06 of the Administrative Code.

(b) Payment for PFCC services are to be contingent upon the availability and appropriation of state and federal funds.

(1) Child care programs are to utilize the automated child care system to track attendance data for caretakers who have applied or have been determined eligible for PFCC, in accordance with procedures outlined by DCY.

(2) Child care programs or a person acting in any capacity for the program are not to use the personal identification information created by the caretaker or a caretaker's designee/sponsor to track or approve attendance in the automated child care system.

(3) The program is to be responsible for the cost of replacement or repair of the hardware required for use of the automated child care system. Recoupment may occur through the payment adjustment process.

(D) How are school hours deducted in the automated system for school-age children being cared for by a program?

(1) The program is to enter each school-age child's current school schedule in the automated system on or before the first day of the school year as defined in rule 5180:6-1-01 of the Administrative Code or the child's first week of attendance if authorization is after the first day of the school year. Each school schedule is to include all of the school year, but may begin earlier and/or end later.

(2) The schedule set by the program for each school-age child is to be used to deduct the hours in which that child is in school and not at the child care program.

(E) How is a program to submit attendance data for child care services provided?

A child care program is to submit all data for the calculation of payments in accordance with instructions provided by DCY.

(1) Attendance data is to be submitted for payment after the close of the service week and no later than four weeks from the last day of the service week or four weeks from the last day of the week the authorization is provided to the automated system, whichever is later.

(2) Only complete data (days with both an in and out time for the child receiving care) may be submitted.

(3) Each school-age child is to have an associated school schedule set by the program pursuant to paragraph (D) of this rule before the child's attendance may be submitted for payment.

(4) Changes to attendance data are to be submitted with caretaker approval.

(5) The program may track attendance or make changes to attendance data in the automated child care system without caretaker approval if all of the following apply:

(a) There has been a loss of contact with the caretaker for five consecutive calendar days from the last day of attendance.

(b) The program has notified the CDJFS of the loss of contact.

(d) Any new or changed attendance is limited to no more than five consecutive days.

(6) Once attendance has been submitted, the program has until the following Saturday to recall the submitted attendance in order to make a change to the attendance data. Any changes made are to require caretaker approval pursuant to paragraphs (E)(4) and (E)(5) of this rule prior to resubmitting the attendance.

(7) Payment processing will begin on the Sunday following the submission of the attendance data.

(8) If the attendance has not been submitted pursuant to the timeline in paragraph (E) of this rule, DCY is to automatically process any complete attendance data for payment. No new attendance data may be submitted after this date.

(9) DCY is not to pay for a child's attendance submitted by more than one program for the same date and time.

(F) How does a program receive payment when a caretaker's application for PFCC has been denied?

(1) Child care programs are to submit attendance data pursuant to paragraphs (C) and (E) of this rule when notification has been received that a caretaker's application for child care has been denied.

(2) The program may appeal a denial notice of eligibility for payment after denial within fifteen days from the date of denial if either of the following apply:

(a) Payment was denied due to a caretaker's incomplete application.

(b) Payment was denied because the program did not have a valid provider agreement when services were provided.

(3) Attendance submitted for payment after denial is not to include absent days or professional development days.

(G) How does a program request a payment adjustment after a payment has been issued?

(1) The program is to submit a request for payment adjustment in the automated child care system within four weeks of the payment date. No new attendance may be submitted for payment adjustments.

(2) If the incorrect payment amount is because of a CDJFS data entry error, the program is to contact the CDJFS to request correction of the error before the program submits the request for payment adjustment. DCY is not to process the request for payment adjustment until the error is corrected by the CDJFS. The request for adjustment may exceed four weeks from the original payment date.

(H) What are the program's responsibilities to collect the copayment?

(1) The program is to work with the caretaker to create a written and signed agreement to collect the child's assigned weekly copayment.

(2) If an assigned weekly copayment is delinquent more than two weeks from the date established in the written copayment agreement, the program is to submit a record of the delinquent copayment to the CDJFS no later than three weeks from the date the weekly copayment was due.

(3) If a program fails to inform the CDJFS of the delinquent copayment, the caretaker is to be responsible for any delinquent copayments reported by the program for up to the previous three weeks from the date the CDJFS was notified.

(4) The program cannot require the family to pay the weekly copayment when only absent days and/or professional development days are reported, with no hours of attendance at the child care program during that week.

(I) What is the process for requesting a payment enhancement when a program is making ongoing accommodations to care for a child with special needs?

(1) A child care program may submit a request for payment enhancement when ongoing accommodations must be made to care for a child who meets the definition of special needs as defined in rule 5180:6-1-01 of the Administrative Code, and when those accommodations result in an additional expense to the program.

(a) To request this payment rate, the program is to submit a completed DCY 01231 "Request for Payment Rate for Special Needs Child Care" to DCY.

(b) The program is to obtain and maintain the Ohio promise program designation found at: https://childrenandyouth.ohio.gov/for-providers/resources/ohio-promise.

(d) An approved payment enhancement is to be in effect for twelve months for a child authorized to receive PFCC at the approved program.

(2) If state and/or federal funds are not available for the purchase of PFCC services, DCY is to reserve the right to deny all requests.

(3) The granting of this payment rate by DCY is not to be construed as constituting precedence for the granting of any other payment changes or the subsequent renewal of a rate. All requests are to be considered on an individual basis.

(J) When are programs to contact their CDJFS regarding changes to school schedules or attendance?

(1) A program is to contact their CDJFS if a preschool-age child becomes school-age eligible in the fall, and is not planning to attend elementary school.

(2) A program is to contact their CDJFS when a school-age child changes schools.

(3) A program is to contact their CDJFS when a child stops attending a program that is authorized to provide PFCC services for the child.

Last updated August 3, 2026 at 8:40 AM

History

Effective: August 1, 2026
Promulgated Under: 119.03

Ohio Adm.Code 5180:6-1-03

(A) What income is used to determine caretaker eligibility for publicly funded child care (PFCC) benefits?

The county department of job and family services (CDJFS) is to use gross earned income and gross unearned income to determine child care income eligibility and family copayment.

(B) What is considered gross earned income?

"Gross earned income" means the total amount of gross earnings received in a month by all of the employed individuals in the family including wages legally obligated to all members of the family but which are diverted to a third party.

(1) "Gross earnings for services performed as an employee" means any of the following:

(a) Wages, salary, back pay, bonuses and awards paid by an employer.

(b) Commissions.

(d) Earnings from work training programs and/or on-the-job training programs.

(e) Sick leave paid as wages.

(f) Annual leave.

(g) Holiday and vacation pay.

(h) Striker pay and benefits.

(2) State temporary disability insurance is considered gross earnings when such payments meet all of the following conditions:

(a) The payment is employer-funded.

(b) The payment is made to an individual who remains employed during recuperation from a temporary illness or injury pending return to the job.

(D) What is counted as gross earned income for individuals who are self-employed?

(1) "Gross self-employment earnings" means the total profit from a business enterprise. The total profit from the self-employment business enterprise is determined by one of the following:

(a) Adding all gross self-employment income, then deducting the self-employment expenses from the total gross income; or

(b) Using a standard fifty per cent deduction from the total gross self-employment income.

(2) Income from a rental property minus the cost of doing business when an individual is actively engaged in management of the property for at least an average of twenty hours per week.

(3) Payments from a roomer or boarder, except a boarder for whom foster care, guardianship, or kinship support payments are received.

(4) Self-employment expenses are those expenses directly related to producing the goods and services. The following expenses are not allowable deductions:

(a) Net losses from a previous period.

(b) Federal, state and local income tax.

(d) Work related personal expenses, such as transportation to and from work.

(e) Entertainment expenses.

(f) Depreciation.

(5) Individuals who are self-employed and have no countable income are to provide written verification documenting how they are meeting basic living expenses, including, but not limited to, food, housing, utilities and transportation. This documentation is to be used in determining authorized hours in paragraph (E) of this rule. Failure to provide sufficient documentation is to result in the denial or termination of child care benefits.

(E) How are work hours determined for individuals who are self-employed?

(1) For approved self-employment activities, the work hours used to determine the PFCC category of authorization ar to be for no more hours than it would take an individual to earn the same amount of money working at the federal minimum wage. This is to be calculated as follows:

(a) Divide the gross self-employment earnings determined in paragraph (D) of this rule by 4.3 weeks.

(b) Divide the number determined in paragraph (E)(1)(a) of this rule by the federal hourly minimum wage.

(2) The number determined in paragraph (E)(1) of this rule is the maximum weekly hours which can be applied to the child care authorization for the self-employment approved activity.

(F) What income is not counted as gross earned income?

(1) The gross earnings of a minor child in the family who is a full-time student as defined by the school, unless the minor is a parent.

(2) Spousal Support or child support payments paid by a family member. The amount paid, up to the amount ordered, is excluded.

(3) The verified amount which is being garnished from the income.

(4) Earnings received under the Domestic Volunteer Service Act of 1973 for participation in the "Americorp Vista" program.

(5) Federal work study income as referenced in rule 5101:4-4-13 of the Administrative Code.

(6) All income, including in kind benefits, excluded under the supplemental nutrition assistance program (SNAP) regulations, as set forth in rule 5101:4-4-13 of the Administrative Code.

(7) Any other income amounts that federal statutes or regulations require be excluded.

(8) Any income earned by a person receiving supplemental security income (SSI).

(G) What about individuals who are unemployed or on unpaid leave from employment?

(1) Individuals who are unemployed or on unpaid leave from employment are to provide written verification documenting how they are meeting basic living expenses including, but not limited to, food, housing, utilities and transportation.

(2) Failure to provide sufficient documentation is to result in the denial or termination of child care benefits.

(H) What income is considered gross unearned income?

(1) "Gross unearned income" means the total amount of unearned income that is received in the month by all members of the family.

(2) Unearned income is income that is not gross earned income or is not gross earned income from self-employment, as defined in this rule.

(3) Unearned income includes but is not limited to the following:

(a) Cash contributions received by the family from absent caretakers, persons, organizations or assistance agencies.

(b) Social security administration disability, retirement or survivor's benefits.

(d) Child support and/or spousal support payments made to a family member by an individual not living with the family.

(e) Temporary worker's compensation payments.

(f) Termination/severance pay received as average pay, and not as a non-recurring lump sum.

(g) Rental income for properties that are not self-managed.

(h) Rental income for properties when the individual manages the properties for less than an average of twenty hours per week.

(i) Unemployment benefit payments.

(j) Basic assistance payments from Ohio works first (OWF).

(I) What income is not counted as gross unearned income?

(1) SSI payments.

(2) Federal, state or local foster care maintenance payments.

(3) Federal, state or local adoption assistance payments.

(4) Kinship permanency incentive payments made in accordance with the requirements of rule 5180:2-40-04 of the Administrative Code, and kinship support payments made in accordance with the requirements of rule 5180:3-13-18.2 of the Administrative Code.

(5) Federal and state kinship care payments.

(a) State kinship guardianship assistance program (KGAP) payments made in accordance with the requirements of rule 5180:2-56-01 of the Administrative Code.

(b) Federal KGAP payments made in accordance with the requirements of rule 5180:2-46-03 of the Administrative Code.

(6) Payments made with county funds to increase the amount of cash assistance an assistance group receives in accordance with section 5107.03 of the Revised Code.

(7) Child support payments paid by a family member for a child outside the family. The amount paid, up to the amount ordered, is excluded.

(8) Spousal support paid pursuant to a court order.

(9) Contributions for shared living arrangements.

(a) These include cash payments received by a family from an individual who is not a family member but who resides in the household and shares responsibility for the household expenses through an informal arrangement.

(b) The cash payment given to the family is not available to the family because the payment represents the non-family member's share of the household expenses.

(10) Bona fide loans from any source, including rural housing loans made by the federal housing administration.

(11) Experimental housing allowance program payments made under annual contributions on contracts entered into prior to January 1975, under section 23 of the U.S. Housing Act of 1937.

(12) HUD community development block grant funds paid under Title I of the Housing and Community Development Act of 1974 (Public Law 93-383).

(13) Home energy assistance support and maintenance paid in cash or in-kind, Public Laws 97-377 (December 21, 1982), 97-424 (January 6, 1983), and 98-21 (April 20, 1983).

(14) Income tax refunds received by any of the family members.

(15) The verified amount which is being garnished from the income.

(16) Earned income tax credit payments when received as part of an income tax refund.

(17) The value of surplus commodities donated by the department of agriculture.

(18) Benefits received under Title VII, nutrition program for the elderly, Older Americans Act of 1965, Public Law 89-73 as amended through Public Law 114-144 (April 19, 2016).

(19) Retroactive payments made as a result of a state hearing.

(20) Escrow accounts established or credited as the direct result of the assistance group's involvement in family self-sufficiency on or after May 15, 1992.

(21) Ohio works first cash payment for support services, pursuant to section 5107.66 of the Revised Code.

(22) Prevention, retention and contingency (PRC) payments.

(23) The value of SNAP allotments.

(24) Money received in the form of a nonrecurring lump sum payment, including, but not limited to:

(a) Retroactive lump sum social security, SSI, or pension benefits.

(b) Retroactive lump sum insurance settlements.

(d) Refunds of security deposits on rental properties or utilities.

(e) PFCC overpayment reimbursements.

(f) PRC payments not defined as cash assistance.

(g) Termination/severance payments.

(25) Income excluded under the SNAP regulations, as set forth in rule 5101:4-4-13 of the Administrative Code, unless the income is included under the provisions of this rule.

(26) Any other income amounts that federal statutes or regulations require be excluded.

(J) How is the family's gross monthly income calculated?

(1) When determining eligibility and copayment for child care benefits, the CDJFS is to calculate the family's gross monthly income.

(2) Earned and unearned income that is received on a monthly basis is to be rounded down by dropping all cents.

(3) Earned and unearned income that is received weekly, bi-weekly or semi-monthly is to have all cents dropped before and after being converted into a monthly amount. Amounts are to be converted as follows:

(a) Income received on a weekly basis is multiplied by 4.3.

(b) Income received biweekly (every two weeks), is multiplied by 2.15.

(4) Hourly rates which include cents are not rounded but are converted into monthly figures using the exact amounts.

(K) What if an individual has fluctuating income?

If an individual has fluctuating income, the income is to first be averaged to arrive at a figure to be converted into a monthly amount, according to the following procedures:

(1) If the employed individual works the same number of hours per pay period, that number of hours are to be used in computing the individual's gross monthly income.

(a) The gross monthly income is to be computed by one of the following:

(i) Using the gross earnings listed on the individual's pay stubs; or

(ii) Multiplying the number of hours per pay period by the hourly rate of pay.

(b) The figure determined in paragraph (K)(1)(a) of this rule is used to convert the income into a monthly amount.

(2) If the employed individual has fluctuating hours of employment, the income is to be averaged.

(a) Cents are to be dropped prior to calculating the average income amount.

(b) The average income amount is used in converting the income into a monthly figure.

(3) When the income from the prior four week period is not representative of current or future income, the CDJFS is to project income based on a best estimate. The best estimate is to consider the following variables which may affect the determination:

(a) More than four weeks of pay stubs, if they are available and the individual states that an average of a longer period of time is more representative because the income received in the most recent four weeks was less or greater than the average. The CDJFS is to use all available income related information for the immediately preceding three month period.

(b) The individual's projection of future earnings, when the individual disagrees with the use of income for the past four weeks period as representative of future income. The CDJFS is to determine a representative figure using all available income related information, including the individual's projection of future income.

(c) Year-to-date earnings, if listed on an individual's pay stub. Year-to-date earnings may be used to determine average income for periods longer than four weeks.

(d) All available income related information, which is to be used to determine a representative figure when there are fewer than four weeks of pay stubs available. This includes situations when the employed individual disagrees with the use of earnings from the past four week period as indicative of future earnings.

(e) Written documentation from the employer, which is to be required if there are no pay stubs available because the employment is new.

(L) What if an individual's income is sporadic?

(1) If income is sporadic, the income for a period of one year is to be used to determine an average adjusted monthly income. An example of sporadic income is commission-based income.

(2) When income is from work that normally involves seasonal periods of unemployment, the family's adjusted monthly income is to be determined from the adjusted annual income of the family divided by twelve months.

(M) How is self-employment income calculated?

For situations in which an individual has self-employment income, the CDJFS is to determine the gross earnings for the month based on an estimate of the individual's gross annual earnings.

(1) The self-employed individual is to provide copies of the tax return from the previous year as well as current business records in order to project annual gross income.

(a) The income shown on the previous year's tax return is to be used to estimate earnings for the current and future months.

(b) The gross monthly earnings are to be determined by dividing the previous year's tax return by the number of months the individual was self-employed the previous year.

(c) Estimation of self-employment income is to be used when the individual has been self-employed for some time, the gross earnings have remained fairly constant, and there is no anticipated change in the individual's circumstance.

(2) If the individual contests the estimate of income from self-employment based solely on information on the previous year's tax return, the individual is to provide a projected estimate of gross earnings for the current taxable year, based upon current business records.

(a) When the individual cannot estimate gross earnings for the current taxable year based on current business records, the CDJFS is to accept the individual's best estimate.

(b) Using the individual's best estimate of income for the current taxable year, the CDJFS is to allocate one-twelfth of the gross annual income equally into each month of the taxable year.

(N) What are acceptable forms of income verification?

All income is to be verified by the best available information from the following list:

(1) Documentary evidence is written confirmation of the applicant's income. The CDJFS should include copies of all documents used for verification in the case file. If copies of documents cannot be obtained, a description of the documentary evidence is to be included in the case file. Documentary evidence includes, but is not limited to, the following:

(a) Pay stubs.

(b) Income tax returns.

(d) Self-employment bookkeeping records.

(e) The most recent tax forms for self-employed individuals.

(f) Data from providers of pension benefits.

(g) Business records.

(h) Correspondence or data from the social security administration.

(i) Data from the Ohio bureau of worker's compensation.

(j) A signed statement from the employer that includes gross income and/or hourly wage and work hours.

(2) A collateral contact is an oral confirmation by someone that is not a member of the applicant's household, including employers, human resources personnel, social service agencies or migrant service agencies.

(a) A confirmation may be made in person or over the phone.

(b) The collateral contact may be anyone who can provide an accurate third-party verification. The person who will act as the collateral contact may be provided by the applicant or selected by the county.

(d) The CDJFS is not required to use a collateral contact provided by the applicant if there is reason to believe the contact will not be able to provide accurate third-party verification. In these cases, the CDJFS may request another collateral contact from the applicant or may select an alternate contact themselves.

(e) The CDJFS may contact individuals or agencies with receipt of a signed application as defined in rule 5180:6-1-02 of the Administrative Code, or other signed written consent by the caretaker, in order to obtain all pertinent information regarding family income.

(3) A statement from the applicant may be acceptable on a case-by-case basis when no other verification is available. When an applicant statement is used it is to be documented in the case record.

(O) Who is responsible for providing verifications of income?

The caretaker is to provide verification of the source and amount of any income received, unless such information is already available to the CDJFS.

(1) The CDJFS is to assist the caretaker in obtaining verification provided the caretaker has not refused to cooperate in the development of documentation for any source of income received. If it would be difficult or impossible for the caretaker to obtain verification in a timely manner, or if the CDJFS can obtain the verification faster, the CDJFS is to offer assistance in obtaining the verification.

(2) Failure to cooperate in the development of documentation for any source of income received is acceptable grounds for a delay in the processing of an application or a determination of eligibility.

(3) If failure to cooperate continues beyond thirty days from the date of application, the application is to be denied.

(4) Denial of an application does not prohibit the caretaker parent from reapplying for child care benefits.

Last updated August 3, 2026 at 8:39 AM

History

Effective: August 1, 2026
Promulgated Under: 119.03

Ohio Adm.Code 5180:6-1-02 Application and qualification process for receipt of publicly funded child care benefits.

(A) How does a caretaker apply for publicly funded child care (PFCC) benefits?

(1) The caretaker is to complete a PFCC application and submit the application to the county agency that serves the caretaker's county of residence.

(a) A valid PFCC application is submitted using the JFS 07200 "Application for Supplemental Nutrition Assistance Program (SNAP), Cash Assistance, Medical Assistance or Child Care Assistance" or its electronic or telephonic equivalent. If the PFCC application does not include, at a minimum, the applicant's name, address, and signature, the application is not valid.

(b) Valid PFCC application signatures include the following:

(i) Handwritten signatures (including handwritten signatures that are transmitted by facsimile or other electronic submission). When the applicant cannot sign with a name, an 'X' is a valid signature. The county agency may require a witness to attest to an 'X' signature. An employee of the county agency may serve as a witness.

(ii) Electronic signatures which include the following:

(a) A digital signature;

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

(c) 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)(1)(b)(iii) of this rule.

(iii) Telephonic signatures obtained in accordance with procedures approved by the Ohio department of children and youth (DCY). A telephonic signature is an audio recording of the caretaker or authorized representative's verbal assent and summary of the information to which the family assents.

(c) The application received date is to be the date the county agency receives a valid PFCC application as described in paragraph (A)(1)(a) of this rule. When the valid application is received after business hours, the application received date is to be the next business day. If the caretaker is found eligible, the beginning date of benefits is the application received date.

(2) The application is to be considered complete when the applicant has submitted all of the following:

(a) The JFS 07200 with the completed information for all family members. A family is any of the following:

(i) One or more caretaker(s) and all minor children who reside with the caretaker(s) in the same household.

(ii) A caretaker, a minor parent and the child of the minor parent when all reside in the same household. The caretaker is not included in the family size if the following requirements are met:

(a) The minor parent is participating in the learning, earning and parenting (LEAP) program; or

(b) The minor parent received a high school diploma or a high school equivalence diploma.

(iii) A caretaker with shared custody of minor children and all children who reside with the caretaker in the same household. Minor children with more than one residence due to shared custody agreements are counted in the caretaker's household during the time periods they reside with the caretaker.

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

(v) Married caretakers and all minor children who reside with the caretakers in the same household.

(vi) Unmarried caretakers who live in the same household with a common child and all of the minor children who reside with them. Both caretakers are to be considered caretakers for all the children in the family.

(b) Complete information about the work, school, training or other activity for every caretaker in the household who is participating in an activity that necessitates child care.

(i) If the county agency determines that the caretaker is participating in a qualifying activity, verification of that activity is needed for the application to be complete.

(ii) If the county agency determines that the caretaker is not participating in a qualifying activity, verification of a qualifying activity is not needed for the application to be complete.

(iii) If there is more than one caretaker in the family, and a second caretaker is not participating in a qualifying activity but is unable to provide care for the child, written verification that the caretaker cannot provide care for the child may be provided by the following to complete the application:

(a) Licensed physician.

(b) Licensed psychologist.

(d) Independent licensed practitioners under Chapters 4757. and 4758. of the Revised Code

(e) Advanced practice registered nurse.

(c) Verification of income for all household members pursuant to rule 5180:2-16-03 of the Administrative Code. When there is no income, a statement of how the family is meeting basic living expenses is needed pursuant to rule 5180:2-16-03 of the Administrative Code.

(d) Verification of citizenship or qualified alien status for children in need of care as listed in appendix B to this rule.

(e) The name and address of an eligible program chosen for each child in need of care.

(3) The caretaker is to complete the application process within thirty calendar days from the date the county agency receives a valid PFCC application as described in paragraph (A)(1) of this rule.

(a) When the thirtieth day falls on a weekend or a legal holiday, the completed application, including all verifications, is due on the next business day.

(b) The application is to be denied due to insufficient information if the county agency does not receive all necessary documentation within the thirty day time frame.

(c) The caretaker may submit a new application with supporting documentation pursuant to paragraphs (A)(2) and (A)(3) of this rule if he or she still wishes to apply for benefits.

(B) What are the eligibility requirements to qualify for PFCC benefits?

(1) The family is to meet the income requirements:

(a) Initially, a caretaker may be eligible for PFCC if the family's gross monthly income is at or below one hundred forty-five per cent of the federal poverty level (FPL).

(b) If a child in need of care has a verified special need pursuant to paragraph (C)(1) of this rule, a caretaker may be eligible for PFCC if the family's gross monthly income is at or below one hundred fifty per cent of the FPL.

(c) Ongoing eligibility may be maintained if the family's gross monthly income is at or below three hundred per cent of the FPL.

(d) These amounts are to be published annually in a child care manual procedure letter.

(2) All caretakers in the home are to be participating in one or more of the qualifying activities as listed in appendix A to this rule. If there is more than one caretaker in the family, child care may be approved for the number of hours in which no caretaker is available to provide care for the child(ren) because all caretakers are participating in qualifying activities, unless verification is received that the caretaker cannot provide care for the child, pursuant to paragraph (A)(2)(b) of this rule.

(3) The child in need of care is to:

(a) Be under age thirteen at the time of application and may remain eligible through the end of the eligibility period in which they turn thirteen; or

(b) Be under age eighteen at the time of application if the child meets the definition of special needs pursuant to rule 5180:2-16-01 of the Administrative Code, and may remain eligible through the end of the eligibility period in which they turn eighteen.

(4) The family is to not have more than one million dollars in cash, checking or savings accounts.

(1) If a caretaker indicates on an application that a child in need of care has special needs pursuant to rule 5180:2-16-01 of the Administrative Code, the county is to request verification of the child's special need. If the special need is verified, the program may receive payment enhancements pursuant to rule 5180:6-1-10 of the Administrative Code for child care services provided for the child.

(2) If the program must make special accommodations to care for the child, the caretaker and the program may apply for a special needs payment enhancement so that the program may receive additional payment enhancements per rule 5180:6-1-10 of the Administrative Code.

(D) What if a caretaker's qualifying activity ends before the end of a family's eligibility period?

(1) A family is to remain eligible for child care if the county agency has documentation that a caretaker's qualifying activity is to begin within the next thirty days.

(2) A family may continue to be eligible for child care if a caretaker's qualifying activity ends and a new activity is not scheduled to begin pursuant to paragraph (E)(1) of this rule, if the following requirements are met:

(a) If the county agency is notified about the loss of a qualifying activity, eligibility may continue for at least three months, but not more than four months from the date the qualifying activity ends, not to extend beyond the current eligibility period.

(b) If a new qualifying activity is verified to begin before the end of the three month time period, the family may continue to be eligible for child care, not to extend beyond the current eligibility period.

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

(a) The caretaker is to meet the income eligibility requirements outlined in paragraph (B)(1) of this rule.

(b) The caretaker is to pay the assigned copayment.

(c) The caretaker is to complete the recertification process pursuant to paragraph (M) of this rule if the head start program year extends beyond the current eligibility period.

(d) The caretaker is not to have been found guilty by a court of law for child care fraud.

(E) What if a caretaker is on temporary leave from employment?

(1) The caretaker is to be considered to have a qualifying activity required pursuant to paragraph (B)(2) of this rule if the caretaker has verification from the employer confirming that the caretaker is to return after the leave ends.

(2) If the caretaker does not have verification from the employer confirming the caretaker is to return after the leave, the caretaker is to meet the conditions for continued eligibility pursuant to paragraph (D) of this rule.

(3) Temporary leave from employment can include but is not limited to the following:

(a) Maternity leave.

(b) Leave taken according to the Family Medical Leave Act of 1993 (FMLA).

(d) Other leave as approved by the caretaker and employer.

(F) What is transitional child care?

(1) A caretaker is to be eligible for transitional child care benefits for the twelve-month period immediately following the end of participation in Ohio works first (OWF) if the caretaker meets all of the initial and recertification eligibility requirements and all of the following apply:

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

(b) The caretaker's initial income does not exceed one hundred fifty per cent of the FPL. These amounts are to be published annually in a child care manual procedure letter.

(2) A caretaker who is ineligible to participate in OWF pursuant to section 5101.83 or 5107.16 of the Revised Code is not eligible for transitional child care.

(G) What if a family needs protective care?

(1) Protective child care is PFCC provided to assist in the care and protection of a child. Caretakers receiving protective child care are eligible without regard to income or assets and their copayment waived pursuant to rule 5180:2-16-05 of the Administrative Code.

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

(H) What if a family is homeless?

(1) The term "homeless children" means individuals who lack a fixed, regular and adequate nighttime residence as defined in rule 5180:2-16-01 of the Administrative Code.

(2) Homeless child care is to be approved for twelve months. Caretakers are to be determined eligible for homeless child care without regard to income or activity and the copayment shall be waived. The child in need of care shall still meet the requirements outlined in (B)(3) of this rule. Each child in need of care shall receive a full-time authorization.

(3) At the end of the eligibility period, the county agency is to re-evaluate eligibility according to the requirements outlined in paragraphs (B) and (H)(1) and (H)(2) of this rule.

(I) What if a second caretaker is temporarily absent from the household, pursuant to rule 5180:2-16-01 of the Administrative Code?

(1) A second caretaker may be considered temporarily absent if they are out of the home for the following reasons:

(a) Attendance at school.

(b) Trip made in connection with current or prospective employment.

(d) Vacationing.

(e) Serving a jail sentence.

(f) Receiving inpatient or residential treatment in a behavioral health or recovery facility.

(2) The temporarily absent caretaker is used in the determination of eligibility in the following manner:

(a) The caretaker is counted in household size.

(b) The income contributed to the household by the absent caretaker is counted in the determination of eligibility pursuant to rule 5180:2-16-03 of the Administrative Code.

(c) The caretaker's activity is not to be considered when determining authorizations for child care and the caretaker is not considered available for care.

(J) Can child care be approved if a second caretaker is out of the home for more than forty-five days?

If a second caretaker is out of the home for more than forty-five days, the caretaker is not included in the household for determining eligibility for child care.

(K) Can child care benefits be reinstated after termination of child care benefits?

(1) A caretaker may be eligible for reinstatement of PFCC within sixty days following termination if the termination was due to income, or if the caretaker's employment, training or education activity was interrupted and the individual did not meet or no longer met the requirements in paragraph (D) of this rule.

(a) The caretaker is to complete either a DCY 01126 "Request for Reinstatement of Child Care Benefits" or the application for PFCC defined in paragraph (A)(1) of this rule. If the most recent period of eligibility expires at the end of the next month after of the request for reinstatement, the caretaker is to complete the application for PFCC defined in paragraph (A)(1) of this rule, or the recertification application defined in paragraph (M) of this rule.

(b) The maximum monthly income limit for ongoing eligibility, as defined in paragraph (B)(1)(c) of this rule, is to be used to determine income eligibility.

(d) The caretaker is to verify that he or she is engaged in a qualifying employment, education or training activity as required in this rule, and is to verify current income and household size.

(e) The caretaker cannot have an outstanding overpayment or outstanding delinquent copayment unless a repayment plan is in place and the terms of the repayment plan are being met.

(2) The caretaker may be eligible only if the original eligibility period has not ended, and is eligible until the end of the original eligibility period.

(3) The caretaker is not eligible for reinstatement if the termination of eligibility was as a result of a recertification of eligibility.

(L) How does a caretaker re-apply for benefits at the end of their eligibility period?

(1) Annually, a caretaker receiving PFCC is to submit the following to their county agency if they wish to continue receiving benefits:

(a) The JFS 07204 "Request to Reapply for Cash Assistance, SNAP, and/or Child Care"; or

(b) The application for PFCC as defined in paragraph (A)(1) of this rule; and

(2) When a family is currently receiving PFCC and decides to apply for SNAP benefits and/or cash assistance at child care recertification, the JFS 07200 for SNAP and/or cash assistance is to be filed.

(M) How does a caretaker know when it is time to submit a recertification application?

On or after the first day of the next-to-last month of eligibility, but before the first day of the last month of eligibility, the county agency is to send the JFS 07204 to the caretaker.

(N) What is the caretaker to submit to complete the recertification process?

(1) Prior to the end of the current eligibility period, the caretaker is to complete the following:

(a) Verify information on the printed or electronic JFS 07204 and make changes as necessary.

(b) Submit proof of current household income.

(c) Sign and return the JFS 07204 and necessary documentation to the county agency. Signatures may be handwritten, electronic, or telephonic, pursuant to paragraph (A)(1)(b) of this rule.

(2) If the recertification is completed after the issuance of an expiration notice and prior to the end of the current eligibility period, ongoing eligibility is to be determined.

(O) What if a caretaker fails to cooperate with the recertification process?

If the caretaker does not comply with paragraph (N) of this rule, eligibility expires effective the last day of the current eligibility period.

(P) How is a caretaker to be notified when eligibility has been recertified?

Upon the receipt of a completed JFS 07204, or application for PFCC care as defined in paragraph (A)(1) of this rule, and all supporting verifications, the county agency is to determine if eligibility for PFCC may be recertified for a new eligibility period.

(1) If the county agency determines the caretaker is eligible for benefits for a new eligibility period, the county agency is to provide notice of approval for child care benefits using the JFS 04074 "Notice of Approval of Your Application for Assistance" or its computer-generated equivalent.

(2) If the county agency determines the caretaker is ineligible for benefits for a new eligibility period, the county agency is to provide notice of denial of an application for benefits using the JFS 07334 "Notice of Denial of Your Application for Assistance" or its computer-generated equivalent.

(Q) How is a PFCC application processed when a caretaker is also applying for SNAP, cash and/or medical assistance?

(1) All PFCC joint applications are to be processed in accordance with Chapter 5104. of the Revised Code and Chapters 5180:2-16 and 5180:6-1 of the Administrative Code.

(2) No caretaker is to have PFCC benefits denied solely on the basis that an application to participate in another program has been denied or benefits under another program have been terminated without a separate determination that the caretaker failed to satisfy a PFCC eligibility requirement.

(3) The process for a caretaker that simultaneously requests PFCC and another program includes the following:

(a) If a caretaker is denied benefits for the other program, the caretaker is not required to resubmit another application for PFCC; and

(b) PFCC eligibility is to be determined in accordance with PFCC processing time frames from the date the joint application was initially accepted by the county agency.

(R) How does a caretaker withdraw a PFCC application, or request discontinuance of PFCC benefits?

The caretaker may voluntarily withdraw an application at any time before the county agency makes an eligibility determination. The caretaker may also voluntarily discontinue receiving PFCC benefits. The process for voluntarily withdrawing an application or discontinuing benefits includes the following:

(1) The caretaker, or the caretaker's authorized representative, on his or her own initiative, contacts the county agency either verbally or in writing to request that the application not be processed further, or that the PFCC benefits be discontinued.

(2) The county agency is to document in the case file that a withdrawal or discontinuance request was made by the caretaker, how the request was made, and, if the information is given, why the caretaker wishes to withdraw the PFCC application or discontinue PFCC benefits.

(3) The county agency is to provide notice of denial of an application for benefits using the JFS 07334 "Notice of Denial of Your Application for Assistance" or its computer generated equivalent.

(4) The caretaker may submit a new application with supporting documentation pursuant to paragraphs (A)(2) and (A)(3) of this rule if they wish to apply for benefits.

(S) What happens when a caretaker moves out of state during an eligibility period?

If a caretaker moves out of the state of Ohio, the caretaker no longer qualifies for Ohio PFCC benefits. The process for a caretaker who no longer resides in Ohio includes the following:

(1) The caretaker is to contact the county agency to advise of the move and to give an updated address.

(2) The county agency is to propose termination of the case using the JFS 07334 "Notice of Denial of Your Application for Assistance" or its computer generated equivalent.

View AppendixView Appendix

Last updated November 3, 2025 at 8:03 AM

History

Effective: November 2, 2025
Promulgated Under: 119.03

Ohio Adm.Code 5180:6-1-10

(A) How are payment rates established in the publicly funded child care program (PFCC)?

(1) Payment rates are based on a market rate survey completed by the department for programs in the state of Ohio.

(2) Payment rates are to apply to all programs of PFCC.

(B) What is the payment rate for programs who provide PFCC?

(1) The payment rate for a program is to be the lower of these two:

(a) The base rate shown in appendx A to this rule in the program's county of location.

(b) The program's customary rate to the public.

(2) The rate determined in paragraph (B)(1) of this rule is the base rate used to calculate any applicable additional payment amounts pursuant to paragraphs (D), (F) and (G) of this rule.

Once the rate is determined in paragraph (B)(1) of this rule, an additional per cent is to be added, as follows:

(1) Bronze rated programs are paid an additional ten per cent.

(2) Silver rated programs are paid an additional fifteen per cent.

(3) Gold rated programs are paid an additonal twenty-five per cent.

(D) What is the payment rate for accredited programs?

(1) Programs who are accredited by an approved accrediting body as listed at https://childcaresearch.ohio.gov are paid an additional ten per cent of the applicable payment rate established in paragraph (B)(1) of this rule. This rate applies for all children receiving PFCC services.

(2) Programs that are accredited and also participating in SUTQ are paid either the per cent additional payment in paragraph (C) of this rule or the per cent additional payment in paragraph (D)(1) of this rule, whichever is higher.

(E) What is the difference between a school-age rate and a summer school-age rate?

(1) School-age rates are in effect during the school year as defined in rule 5180:2-16-01 of the Administrative Code.

(2) Summer school-age rates are in effect outside of the school year as defined in rule 5180:2-16-01 of the Administrative Code.

(F) What is the compensation for child care services provided during non-traditional hours?

(1) Programs that care for children during non-traditional hours are paid an additional five per cent of the applicable payment rate established in paragraph (B)(1) or (C) of this rule.

(2) This rate applies to the child for all hours of care during a week when any non-traditional hours of care are provided.

(3) The payment is to not exceed the program's customary charge to the public.

(4) Non-traditional hours are the hours between seven p.m. and six a.m. on weekdays, and between twelve a.m. Saturday and six a.m. Monday.

(5) Non-traditional hours include any hours of care provided on New Year's day, Martin Luther King Jr. day, Memorial day, Independence day, Labor day, Thanksgiving day and Christmas day.

(G) How are programs compensated for the care of children with special needs?

(1) Programs who care for a child that the caretaker and the county agency have identified as having special needs pursuant to rule 5180:6-1-02 of the Administrative Code are paid an additional five per cent of the applicable payment rate established in paragraph (B)(1) or (C) of this rule. The payment is to not exceed the program's customary charge to the public.

(2) Programs who make special accommodations for the care of a child with special needs may receive twice the amount of the applicable payment rate established in paragraph (B)(1) or (C) of this rule if approved pursuant to rule 5180:2-16-09 of the Administrative Code.

(3) Payment enhancements or additional percentages are to only apply to the hours of care for the child with special needs.

(H) What time increments are used for the payment of PFCC?

(1) Time increments are broken into weekly categories based on the total number of hours per week that each child is authorized to receive PFCC, pursuant to rule 5180:6-1-06 of the Administrative Code. The categories of payment are as follows:

(a) An hourly payment is for hours of care totaling less than ten hours per week.

(b) Part-time payment is for hours of care totaling ten hours to less than thirty-three hours per week.

(d) A week is defined as the seven-day period from twelve a.m. Sunday to eleven fifty-nine p.m. on Saturday.

(2) Payment is calculated using the total number of child care hours per week, that have been approved by the caretaker, if applicable, and submitted by the program in the automated child care system.

(a) The total number of weekly hours of care received will be matched with the associated category and the program will receive the payment rate for that category of care, up to the child's category of authorization.

(b) Payment is not to be made for hours that exceed the child's category of authorization.

(I) Are programs compensated for registration fees?

Programs may receive registration fees for children receiving PFCC according to the following criteria:

(1) Annually, a program with a valid provider agreement as of January first is to receive a twenty-five dollar registration fee for each child who received PFCC from the program in the previous calendar year. For approved day camps, the camp is to have had a valid provider agreement as of August thirtieth of the previous year.

(2) The child is to have received PFCC from the program for at least one day during January through December of the previous year.

(J) Is a program compensated when a child is absent from the program?

(1) A child is eligible for a maximum of twenty absent days during each six-month period of January through June and July through December of each state fiscal year.

(2) Absent days are defined in rule 5180:2-16-01 of the Administrative Code.

(3) A program may be paid for an absent day for which a child is eligible. An absent day is not to be paid prior to actual attendance at the authorized program. The attendance is to be documented by a recorded "in" time and a recorded "out" time, and is to have occurred on any day in the previous rolling twelve months.

(4) The value of an absent day is based on the child's authorized hours for care, as follows:

(a) For a full-time authorization, the value of an absent day is eight hours.

(b) For a part-time or an hourly authorization, the value of an absent day is five hours.

(K) Are programs compensated for staff professional development days?

(1) Programs are eligible for two professional development days per state fiscal year. A fiscal year is defined as July first through June thirtieth.

(2) Professional development days are defined in rule 5180:2-16-01 of the Administrative Code.

(3) Professional development days cannot be used on two consecutive calendar days or in two consecutive calendar months.

(4) Professional development days are not to be used on any holiday listed in paragraph (F)(5) of this rule.

(5) The value of a professional development day is based on a child's authorized hours for care, as follows:

(a) For a full-time authorization, the value of a professional development day is eight hours.

(b) For a part-time or an hourly authorization, the value of a professional development day is five hours.

(L) What is not included in the payment for PFCC services?

The program's PFCC payment is not to include:

(1) A child's copayment amount pursuant to rule 5180:2-16-05 of the Administrative Code.

(2) Payment for services provided during the hours that a child is in care in another federal or state funded program (including, but not limited to, head start, early head start, or the early childhood education program).

(3) Payment for services provided during the hours that a school-age child would typically be in attendance at a primary or secondary school.

(a) Payment will include time that a school-age child is participating in remote learning, including the remote portion of a hybrid school model, while in child care.

(b) Payment will not include time that the child is participating in instructional services which supplant or duplicate the academic program of any school.

(c) Payment will not include care during the school-day if the parent has the option to send the school-age child to in-person learning, including a hybrid school model, and instead opted for only remote learning.

(M) What are the requirements regarding fees that a program may charge to the caretaker?

(1) A program is to make a caretaker aware of fees not covered by PFCC payments for which the caretaker may be responsible.

(a) A program is to have a signed agreement with the caretaker for the payment of these fees.

(b) Such fees may include:

(i) Late fees.

(ii) Activity fees.

(iii) Transportation fees.

(iv) Charges for absent days which exceed those eligible for payment.

(v) Charges for hours of care that exceed those authorized.

(2) A program is not to ask a caretaker to pay the difference between the program's payment rate and the program's customary charge to the public when the customary charge is higher.

(3) A program is not to ask a caretaker to pay the difference between the registration fee paid for the child by the department and the program's customary registration fee charge to the public when the customary registration fee is higher.

(N) What are the payment rates for in-home aides that provide PFCC services?

An in-home aide is the only program type of PFCC service who may provide child care in the child's own home.

(1) An in-home aide is to be paid the lower of these two:

(a) The base rate in appendix A to this rule in the caretaker's county of location.

(b) The in-home aide's customary rate to the public.

(2) An in-home aide is not eligible for any payment enhancements or additional percentages to the payment rate.

(O) What are the rates for a licensed type A family child care home?

The rate for a licensed type A family child care home is to align with the type B family child care home rate.

View Appendix

Last updated November 3, 2025 at 8:03 AM

History

Effective: November 2, 2025
Promulgated Under: 119.03

Ohio Adm.Code 5101:4-4-13

The following payments shall be excluded as income for supplemental nutrition assistance program (SNAP):

(A) Any gain or benefit that is not in the form of money payable directly to the assistance group (AG) including in-kind benefits. In-kind benefits are those for which no monetary payment is made on behalf of the AG and include meals, clothing, public housing, or produce from a garden.

(B) Payments made to a third party on behalf of the AG are included or excluded as income as follows:

(1) Public assistance vendor payments are counted as income unless they are made for medical assistance, child care assistance, energy assistance as defined in paragraph (I)(4) of this rule, emergency assistance (including, but not limited to housing and transportation payments) for migrant or seasonal farm worker AGs while they are in the job stream, or housing assistance payments made through a state or local housing authority.

(2) Public assistance provided to a third party on behalf of an AG that is not specifically excluded from consideration as income under paragraph (B)(1) of this rule shall be considered for exclusion under the emergency and special assistance category. To be considered emergency or special assistance and excluded, the assistance must be provided over and above the normal public assistance payment or cannot normally be provided as part of such payment.

(3) Reimbursements made in the form of vendor payments, monetary payments made on behalf of an AG by a person or organization outside of the AG directly to either the AG's creditors or to a person or organization providing a service to the AG, are excluded on the same basis as reimbursements paid directly to the AG in accordance with paragraph (E) of this rule.

(4) In-kind or vendor payments that would normally be excluded as income but are converted in whole or in part to a direct cash payment under a federally authorized demonstration project or waiver shall be excluded from income.

(5) Rent or mortgage payments made to landlords or mortgages by the department of housing and urban development (HUD) are excluded.

(6) Monies that are legally obligated and otherwise payable to the AG, but are diverted by the provider of the payment to a third party for a household expense, shall be counted as income and not excluded. When a person or organization makes a payment to a third party on behalf of an AG using funds that are not owed to the AG, the payment shall be excluded from income.

(C) The county agency shall exclude any income that is specifically excluded by any other federal statute from consideration as income for the purpose of determining eligibility for SNAP. The following is a listing of some of the incomes excluded by federal statute. The listing is divided into general income exclusions and exclusions applicable to incomes of American Indians or Alaska natives.

(1) General exclusions

(a) Income of a supplemental security income (SSI) recipient determined necessary for the fulfillment of a plan for achieving self-support (PASS) that has been approved under section 1612(b)(4)(A)(iii) or 1612(b)(4)(B)(iv) of the Social Security Act of 1935. This income may be spent in accordance with an approved PASS or deposited into a PASS savings account for future use.

(b) Federal emergency management assistance housing subsidies to pay for temporary housing required as a result of a disaster and individual and family grant assistance payments made under the Disaster Relief Act section 312(d) of the Disaster Relief Act of 1974, as amended in 1988 by Pub. L. No. 100-707, (11/1988).

(c) Assistance provided to children under the school lunch program, the summer food service program for children, the commodity distribution program and child and adult care food program (CACFP), Pub. L. No. 79-396, (06/1946), section 12(e) of the National School Lunch Act of 1946, as amended by section 9(d) of Pub. L. No. 94-105, (10/1975), as amended by Pub. L. No. 116-94 (12/2019).

(d) Assistance provided to children under the special milk program, special supplemental food program for women, infants, and children (WIC) and the school breakfast program, Pub. L. No. 89-642, (10/1966), the Child Nutrition Act of 1966, section 11(b).

(e) Reimbursements from the Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970, Pub. L. No. 91-646, section 216 (1/1971).

(f) Pub. L. No. 93-113, (10/1973), of the Domestic Volunteer Services Act of 1973, Titles I and II, as amended by Pub. L. No. 113-128. Payments under Title I of the act (including such Title I programs as volunteers in service to americorps (VISTA), university year for action, and urban crime prevention program) to volunteers shall be excluded for those individuals receiving SNAP or public assistance at the time they joined the Title I program, except AGs that were receiving an income exclusion for a VISTA or other Title I subsistence allowance at the time of conversion to the Food and Nutrition Act of 2008 shall continue to receive an income exclusion for VISTA for the length of their volunteer contract in effect at the time of conversion.

Temporary interruptions in SNAP participation shall not alter the exclusion once an initial determination has been made. New applicants who were not receiving public assistance or SNAP at the time they joined VISTA shall have these volunteer payments included as earned income. Any payment to volunteers under Title II (retired senior volunteer program, foster grandparents, senior companion program and others) are excluded from income.

(g) Payments received under section 312(d), the Disaster Relief Act of 1974, Pub. L. No. 93-288, (5/1974), as amended by section 105(i), the Disaster Relief and Emergency Assistance Amendments of 1988, Pub. L. No. 100-707, (11/1988). Payments precipitated by an emergency or major disaster as defined in this act, as amended, are not counted as income for SNAP purposes. This exclusion applies to federal assistance provided to persons directly affected and to comparable disaster assistance provided by states, local governments, and disaster assistance organizations. A "major disaster" is any natural catastrophe such as a hurricane or drought, or, regardless of cause, any fire, flood, or explosion, that the president of the United States determines causes damage of sufficient severity and magnitude to warrant major disaster assistance to supplement the efforts and available resources of states, local governments, and disaster relief organizations in alleviating the damage, loss, hardship, or suffering caused thereby. An "emergency" is any occasion or instance that the president of the United States determines that federal assistance is needed to supplant state and local efforts and capabilities to save lives and to protect property and public health and safety, or to lessen or avert the threat of a catastrophe. Most, but not all, federal emergency management assistance funds are excluded. For example, some payments made to homeless people to pay for rent, mortgage, food, and utility assistance when there is no major disaster or emergency is not excluded under this provision.

(h) Payments to U.S. citizens of Japanese ancestry and permanent resident Japanese aliens or their survivors and Aleut residents of the Pribilof islands and the Aleutian islands west of Unimak island, Pub. L. No. 100-383, (8/1988), section 105(f)(2), wartime relocation of civilians, the Civil Liberties Act of 1988.

(i) Income received (including reimbursements) by individuals participating in programs under the Workforce Investment Act (WIA) of 1998, section 181 (a)(2), as amended by Pub. L. No. 113-128, the Workforce Innovation and Opportunity Act (WIOA), (7/2014) except as provided in rule 5101:4-4-19 of the Administrative Code. This includes disaster relief employment income received from national emergency grants under the WIA, Pub. L. No. 105-220, (8/1998) section 181(a)(2), as amended by Pub. L. No. 113-128, the Workforce Innovation and Opportunity Act (WIOA), (7/2014).

(j) Any amount by which the basic pay of an individual is reduced and reverted to the treasury shall not be considered to have been received by or to be within the control of such individual, Pub. L. No. 99-576,(10/1986) section 303(a)(1), Veteran's Benefits Improvement and Health Care Authorization Act of 1986, that amends section 1411(b) and 1412(c) of the Veteran's Educational Act of 1984 - GI bill.

(k) Funds received by persons fifty-five and older under the senior community service employment program under Title V of the Older Americans Act of 1987 are excluded from income, Pub. L. No. 109-365, (10/2006). The organizations that receive some Title V funds are as follows: experience works; national council on aging; national council of senior citizens; American association of retired persons; United States forest service; national association for Spanish speaking elderly; national urban league; and the national council on black aging.

(l) Cash donations based on need received on or after February 1, 1988 from one or more private nonprofit charitable organizations, but not to exceed three hundred dollars in a federal fiscal year quarter. Charitable Assistance and Food Bank Act of 1987, Pub. L. No. 100-232, (1/1988).

(m) SNAP benefits that may be exchanged for food at farmers' markets under WIC demonstration projects, Pub. L. No. 100-435, (9/1988) section 501, that amended section 17(m)(7) of the Child Nutrition Act of 1966.

(n) Payments made from the Agent Orange settlement fund, Pub. L. No. 101-201, (12/1989), or any other fund established pursuant to the settlement in the Agent Orange product liability litigation, M.D.L. No. 381 (E.D.N.Y.)(1/1989) that are received on or after January 1, 1989. The disabled veteran will receive yearly payments. Survivors of deceased disabled veterans will receive a lump-sum payment. These payments were disbursed by aetna insurance company. The Omnibus Budget Reconciliation Act of 1989, Pub. L. No. 101-239, (12/1989), also excludes these payments. Pub. L. No. 102-4, (2/1991), Agent Orange Act of 1991, authorized veteran's benefits to some veterans with service-connected disabilities resulting from exposure to Agent Orange. These VA payments are not excluded by law.

(o) Payments made under the Radiation Exposure Compensation Act, Pub. L. No. 101-426, (10/1990) section 6(h)(2), as amended by Pub. L. No. 106-245 (7/2000).

(p) The Omnibus Budget Reconciliation Act of 1990, Title XI revenue provisions, section 11111, modifications of earned income tax credit, subsection (b) provides that any federal earned income tax credit shall not be treated as income effective with taxable years beginning after December 31, 1990, Pub. L. No. 101-508, (11/1990).

(q) Pub. L. No. 101-610, (11/1990), National and Community Service Act (NCSA) of 1990, section 177(d), applies to projects conducted under Title I of the NCSA. Title I includes three acts: (i) Serve-America: the Community Service, Schools and Service-Learning Act of 1990, (ii) the American Conservation and Youth Service Corps Act of 1990, and (iii) the National and Community Service Act.

There are about forty-seven different NCSA programs, and they vary by state. Most of the payments are made as a weekly stipend or for educational assistance. The higher education service-learning program and the americorps umbrella program come under this title. The national civilian community corps (NCCC) is a federally managed americorps program. The summer for safety program is an americorps program; under which participants earn a stipend and a one thousand-dollar postservice educational award. The Serve America Act, Pub. L. No. 111-13, (4/2009), amended the National and Community Services Act of 1990 but it did not change the exclusion. All americorps payments shall be excluded.

(r) All student financial assistance, including grants, scholarships, fellowships, educational loans on which payment is deferred, work study, veteran's educational benefits, and the like, that are awarded to an AG member enrolled at a recognized institution of post-secondary education, at a school for the handicapped, in a vocational education program, in a vocational or technical school, or in a program that provides for obtaining a secondary school diploma or the equivalent of a secondary school diploma shall be excluded from consideration as income for SNAP purposes.

Educational income excluded for dependent care costs shall not be deducted from income under the provisions of rule 5101:4-4-23 of the Administrative Code. Dependent care costs incurred that exceed the amount excluded under the provisions of this paragraph shall be deducted from income in accordance with rule 5101:4-4-23 of the Administrative Code.

(s) Payments made under the youthbuild program under the Housing and Community Development Act of 1992, Pub. L. No. 102-550, (10/1992). The youthbuild program transferred from the United States department of housing and urban development to the department of labor with the passage of the Youthbuild Transfer Act of 2006, Pub. L. No. 109-281, (9/2006), that amended the Workforce Innovation and Opportunity Act (WIOA) of 1998. These payments are to be treated like WIOA payments in accordance with paragraph (C)(1)(i) of this rule, except as provided in rule 5101:4-4-19 of the Administrative Code.

(t) Payments from any child care provided or arranged (or any amount received as payment for such care or reimbursement for costs incurred for such care), Pub. L. No. 102-586, (11/1992) section 8, that amended the Child Care and Development Block Grant Act Amendments of 1992 by adding section 658S.

(u) Payments made to individuals because of their status as victims of Nazi persecution, Pub. L. No. 103-286, (8/1994).

(v) Pub. L. No. 103-322, (9/1994) section 230202, amended section 1403 of the Crime Act of 1984 (42 U.S.C. 10602) to provide in part that, "(e) Notwithstanding any other law, when the compensation paid by an eligible crime victim compensation program would cover costs that a federal program, or a federally financed state or local program, would otherwise pay, (i) such crime victim compensation program shall not pay that compensation; and (ii) the other program shall make its payments without regard to the existence of the crime victim compensation program." Based on this language, payments received under this program shall be excluded from income for SNAP purposes.

(w) Notwithstanding any other provision of law, the allowance paid under Pub. L. No. 104-204, (9/1996) section 1805(d), as amended by Pub. L. No. 106-419, (11/2000), to a child of a Vietnam veteran for any disability resulting from spina bifida and certain other birth defects suffered by such child. A monthly allowance from two hundred to one thousand two hundred dollars is paid to a child under this public law.

(x) Combat-related pay received by a service member of the United States armed forces (under the Consolidated Appropriations Bill, 2008, Pub. L. No. 110-161, (12/2007)) and basic military pay not made available to the AG while the service member is on deployment to a designated combat zone.

(i) Pay is considered combat-related when:

(a) Received in addition to the service member's basic pay;

(b) Received as a result of the service member's deployment to, or service in an area designated as a combat zone as determined pursuant to executive order or public law; and

(c) Not received by the service member prior to the service member's deployment to or service in a federally-designated combat zone.

(ii) Basic military pay is considered available to the AG as follows:

(a) When the service member was part of the AG for SNAP purposes prior to the deployment to a designated combat zone, this amount would be his or her net military pay.

(b) When the service member was not part of the AG for SNAP purposes prior to the deployment to a designated combat zone, this amount is the amount the absent service member actually made available to the AG prior to deployment to the designated combat zone.

(y) Disaster unemployment assistance provided under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, Pub. L. No. 100-707, (11/1988), to individuals unemployed as a result of a major disaster.

(z) Filipino veterans equity compensation funds payments under the American Recovery and Reinvestment Act of 2009 (2/2009, Pub. L. No. 111-5) made to certain veterans, or surviving spouses of veterans, who served in the military of the government of the commonwealth of the Philippines during World War II.

(aa) Any aid, services, or incentives provided to an eligible beneficiary participating in programs funded by the health profession opportunity grants (HPOG) under the Patient Protection and Affordable Care Act of 2010, Pub. L. No. 111-148, (3/2010).

(2) Payments made to American Indians or Alaska natives that are excluded by law. A list of funds provided to American Indians or Alaska natives that are excluded by law can be found at:

https://www.fns.usda.gov/fdpir/funds-provided-excluded

(D) All loans, including loans from private individuals as well as commercial institutions, are excluded as income. Educational loans on which repayment is deferred shall be excluded pursuant to the provisions in paragraph (C)(1)(r) of this rule.

(E) Reimbursements for past or future expenses are excluded to the extent they do not exceed actual expenses and do not represent a gain or benefit to the AG. No portion of benefits provided under Title IV-A of the Social Security Act of 1935, to the extent such benefits are attributed to adjustment for work-related or child care expenses shall be considered excludable under this paragraph.

(1) When a reimbursement, including a flat allowance, covers multiple expenses, each expense does not have to be separately identified as long as none of the reimbursement covers normal living expenses. Reimbursements for normal living expenses of the AG, such as rent or mortgage, personal clothing, or food eaten at home, are a gain or benefit and therefore are not excluded. To be excluded, these payments must be provided specifically for an identified expense, other than normal living expenses, and used for the purpose intended.

(2) The amount by which a reimbursement exceeds the actual incurred expense shall be counted as income. However, reimbursements shall not be considered to exceed the actual expenses, unless the provider or the AG indicates the amount is excessive.

(F) Monies received and used for the care and maintenance of a third-party beneficiary who is not an AG member. When the intended beneficiaries of a single payment are both AG and non-AG members, any identifiable portion of the payment intended and used for the care and maintenance of the non-AG member shall be excluded. When the non-AG member's portion cannot be readily identified, the payment shall be evenly prorated among intended beneficiaries and the exclusion applied to the non-AG member's pro rata share or the amount actually used for the non-AG member's care and maintenance, whichever is less.

(G) The earned income of any AG members who live with a natural, adoptive, or stepparent, or under the parental control of an AG member other than a parent, who are elementary or secondary school students, and who are seventeen years of age or younger. For purposes of this provision, an "elementary or secondary school student" is someone who attends classes to obtain a general equivalency diploma (GED) that are recognized, operated, or supervised by the student's state or local school district. The provision also applies to a student who attends elementary or secondary classes through a home-school program recognized or supervised by the student's state or local school district. This income is excluded even during temporary interruptions in school attendance due to semester or vacation breaks, provided the child's enrollment will resume following the break. When the child's earnings or the amount of work performed cannot be differentiated from that of other AG members, the total earnings shall be prorated equally among the working members and the child's pro rata share excluded. Individuals are considered children for this exclusion when they are under the parental control of another AG member. When an AG contains a student whose income is excluded and the student turns eighteen during the month of application, the student's earnings shall be excluded in the month of application and counted in the following month(s). When the student turns eighteen during the certification period, the student's income shall be excluded until the month following the month the student turns eighteen.

(H) Money received in the form of a nonrecurring lump-sum payment, including, but not limited to, income tax refunds, rebates, or credits; retroactive lump-sum social security, SSI, public assistance, railroad retirement pension, the learning, earning and parenting (LEAP) program enrollment bonus payment, or other payment; retroactive lump-sum insurance settlements; refunds of security deposits on rental property or utilities; medical loss ratio rebates afforded under the Patient Protection and Affordable Care Act of 2010, Pub. L. No. 111-148 (3/2010); or prevention, retention and contingency (PRC) payments made to divert an AG from becoming dependent on cash assistance when the payment is not defined as assistance. Temporary assistance for needy families (TANF) non-recurrent, short term benefits are defined in 45 C.F.R. 260.31(b)(1) (revised October 1, 2001). These payments shall be counted as resources in the month received, unless specifically excluded from consideration as a resource by other federal laws.

(I) Miscellaneous income exclusions.

(1) Irregular income

Any income in the certification period that is acquired too infrequently or irregularly to be reasonably anticipated, but not in excess of thirty dollars in a quarter.

(2) Costs of self-employment

The cost of producing self-employment income. See rule 5101:4-6-11 of the Administrative Code for the procedures on computing the cost of producing self-employment income.

(3) Income from ineligible AG members

The prorated share of earned or unearned income of an ineligible AG member in accordance with rule 5101:4-6-13 of the Administrative Code.

(4) Energy assistance, as follows:

(a) Any payments or allowances made for the purpose of providing energy assistance under any federal law other than part A of Title IV of the Social Security Act of 1935 (42 U.S.C. 601), including utility reimbursements made by HUD and the rural housing service;

(b) A one-time payment or allowance applied for on an as-needed basis and made under a federal or state law for the costs of weatherization or emergency repair or replacement of an unsafe or inoperative furnace or other heating or cooling device. A down payment followed by a final payment upon completion of the work will be considered a one-time payment for purposes of this provision;

(c) Any third-party energy assistance payment in which no assistance is provided directly to the AG in the form of a cash payment; or

(d) Any third-party payment provided by state law for an AG with an elderly or disabled member.

(5) Blood and blood plasma sales

Any income that is acquired from the sale of blood or blood plasma.

(6) Garage sales

Any income that is acquired from garage sales.

(7) Interest income

Any interest income from savings or other financial accounts.

(8) Bingo winnings

Any income from bingo winnings.

(J) Certain payments from the child and adult care food program

That portion of payments from the child and adult care food program to AGs providing child care services intended for the provider's own children's meals. See rule 5101:4-4-19 of the Administrative Code for treatment of that portion of child and adult care food program payments intended for providing services to children other than the provider's own.

(K) Payments that are not considered income.

(1) Monies withheld from an assistance payment, earned income, or other income source, or monies received from any income source that are voluntarily or involuntarily returned to repay a prior overpayment received from the income source, provided that the overpayment is not otherwise excluded. However, monies withheld from assistance from a federal, state, or local means-tested program (for example, Ohio works first (OWF)) due to the AG's failure to perform an action required under these programs, shall be included as income in accordance with rule 5101:4-6-16 of the Administrative Code.

(2) Child support payments received by OWF recipients that must be transferred to the agency administering Title IV-D of the Social Security Act of 1935 to maintain OWF eligibility.

(3) Governmental or court-ordered foster care payments, guardianship payments, or kinship support payments received by AGs with individuals who are considered to be boarders in accordance with rules 5101:4-2-03 and 5101:4-6-03 of the Administrative Code.

(4) In accordance with 7 C.F.R 273.9 (5/2015), any payment made to an employment and training participant under 7 C.F.R 273.7 (5/2015) for costs that are reasonably necessary and directly related to participation in the employment and training program are excluded income. These costs include, but are not limited to, dependent care costs, transportation, other expenses related to work, training or education, such as uniforms, personal safety items or the other necessary equipment, and books or training manuals. These costs are to not include the cost of meals away from home.

Last updated April 1, 2026 at 8:41 AM

History

Effective: April 1, 2026
Promulgated Under: 111.15

Ohio Adm.Code 5180:2-40-04

(A) The KPI program is designed to promote a permanent commitment by a kinship caregiver(s) through becoming guardians and custodians over minor children who would otherwise be unsafe or at risk of harm if they remained in their own homes. KPI provides up to eight incentive payments to families caring for their kin.

(B) The following definitions are applicable to this rule and supersede any conflicting definitions contained in rule 5101:2-1-01 of the Administrative Code.

(1) "Custodian" has the same meaning as in section 5107.02 of the Revised Code, which is an individual who has legal custody of a minor child or comparable status over a minor child created by a court of competent jurisdiction in another state.

(2) "Family" means a kinship caregiver, spouse of the kinship caregiver, and all of the minor children for whom the kinship caregiver and spouse of the kinship caregiver are responsible, and who reside in the same household.

(3) "Fraudulent incentive" means incentive funds provided to the kinship caregiver(s) as a result of fraud by the kinship caregiver(s), including an intentional violation of the program requirements. Fraudulent incentive does not include incentive payments provided due to an error of the agency in processing the application.

(4) "Gross income" means income of the family as defined in paragraph (B)(2) of this rule before taxes and deductions.

(5) "Guardian" has the same meaning as in section 5107.02 of the Revised Code, which is an individual that is granted authority by a probate court or a court of competent jurisdiction in another state, to exercise parental rights over a minor child to the extent provided in the court's order and subject to residual parental rights of the minor child's parents.

(6) "Kinship caregiver" has the same meaning as in section 5101.85 of the Revised Code, which is any of the following who is eighteen years of age or older and is caring for a child in place of the child's parents.

(a) Individuals related by blood or adoption to the child including:

(i) Grandparents, including grandparents with the prefix "great," "great-great," or "great-great-great."

(ii) Siblings.

(iii) Aunts, uncles, nephews, and nieces, including such relatives with the prefix "great," "great-great," "grand," or "great-grand."

(iv) First cousins and first cousins once removed.

(b) Stepparents and stepsiblings of the child.

(c) Spouses and former spouses of individuals named in paragraphs (B)(6)(a)(i) to (B)(6)(a)(iv) and (B)(6)(b) of this rule.

(d) A legal guardian of the child.

(e) A legal custodian of the child.

(f) Any nonrelative adult that has a familiar and long-standing relationship or bond with the child or the family, which relationship or bond will ensure the child's social ties.

(7) "Minor child" has the same meaning as in 45 C.F.R. 260.30 (2003), which is either of the following:

(a) An individual who has not attained age eighteen.

(b) An individual who has not attained age nineteen and is a full-time student in a secondary school or in the equivalent level of vocational or technical training.

(C) Eligible kinship caregiver(s) shall receive an initial incentive payment and may receive subsequent payments at six-month intervals to support the stability of the child's placement in the home.

(1) The maximum incentive amount may not exceed eight payments per child per kinship caregiver(s).

(2) Individuals who were approved for their sixth incentive payment prior to March 17, 2014 are not eligible for additional incentive payments.

(3) Individuals who submitted their sixth application to the public children services agency (PCSA) on or after March 17, 2014 may be eligible for additional incentive payments.

(4) Individuals who have not received their sixth incentive payment may be eligible for additional incentive payments.

(D) For each state fiscal year (SFY), the Ohio department of job and family services (ODJFS) shall determine the initial and subsequent payment amounts. At the beginning of each SFY, ODJFS shall provide notice to the PCSAs identifying the initial and subsequent payment amounts for that SFY.

(E) The PCSA shall determine the kinship caregiver(s) eligible for KPI when all of the following criteria are met:

(1) On July 1, 2005 or thereafter, a court issued an order granting legal custody or guardianship to the kinship caregiver(s). A temporary court order is not sufficient to meet this requirement.

(2) The minor child resides with the kinship caregiver(s). If the child is on temporary leave from the kinship caregiver's home (e.g., hospitalization, mental health treatment or respite) and the kinship caregiver retains legal custody or guardianship this shall not preclude eligibility for KPI.

(3) The kinship caregiver(s) is a resident of the state of Ohio.

(4) The gross income of the kinship caregiver's family does not exceed three hundred per cent of the federal poverty guidelines.

(5) The placement has been assessed and approved by the PCSA or private child placing agency (PCPA).

(a) For children placed by the PCSA or PCPA, the placement was assessed and approved pursuant to paragraphs (B) to (I) of rule 5101:2-42-18 of the Administrative Code.

(b) For children placed directly with a kinship caregiver by a court or relative, the PCSA shall assess the home in accordance with the requirements identified in paragraphs (B) and (D) to (I) of rule 5101:2-42-18 of the Administrative Code prior to the approval of KPI.

(F) A kinship caregiver who is receiving kinship guardianship assistance program (KGAP) payments for a child is not eligible to receive KPI for the same child.

(G) The kinship caregiver(s) shall apply for the KPI program by submitting the following to the PCSA in the county in which the caregiver resides:

(1) The JFS 01501 "Application for Kinship Permanency Incentive."

(2) Verification that the caregiver has obtained legal custody or guardianship on or after July 1, 2005.

(3) Verification of included income. Exclusions of reported income are as follows and shall not be included in the income calculation for eligibility:

(a) Child support paid out to another custodian for a child in the other custodian's care. The total amount of child support paid out shall be deducted from the gross income.

(b) Up to one hundred dollars per month per child of any child support received on behalf of the child(ren) for whom the kinship caregiver is applying for the KPI program.

(d) Any income of minor children, including employment income and social security benefits paid to a child.

(e) Supplemental security income (SSI) payments and social security disability income (SSDI) payments.

(f) Adoption subsidy payments and foster care reimbursements.

(g) Ohio adoption grant program payments received for an adopted child.

(h) KGAP payments received for another child.

(H) When the kinship caregiver(s) submits an application for re-determination, the PCSA shall review the eligibility requirements in paragraphs (E)(1) to (E)(4) of this rule with the kinship caregiver(s) to ensure the requirements continue to be met by the kinship caregiver's family.

(I) At the time of the kinship caregiver's initial application or re-determination, the PCSA in the county in which the kinship caregiver(s) resides shall:

(1) Provide the kinship caregiver(s) with the JFS 01501 upon request.

(2) Determine eligibility for the initial incentive payment.

(3) Notify the kinship caregiver(s) of the approval, denial or incomplete application in accordance with paragraphs (J) and (K) of this rule.

(4) Inform the kinship caregiver(s) that subsequent payments require re-determination of eligibility every six months and that the kinship caregiver(s) must submit another application.

(5) Notify the kinship caregiver(s) at least thirty, but not more than sixty, calendar days prior to the eligibility for a subsequent incentive payment that the kinship caregiver(s) must submit a JFS 01501 and verifying documentation to enable the PCSA to determine eligibility.

(6) Determine continuing eligibility for subsequent incentive payments as long as the kinship caregiver(s) resides in that county.

(7) Notify the kinship caregiver(s) of the approval, denial or incomplete application for subsequent incentive payments in accordance with paragraphs (J) and (K) of this rule.

(J) The PCSA shall approve or deny the application for KPI based on criteria identified in paragraphs (E)(1) to (E)(5) of this rule and provide notification on the "Notice of Approval for Kinship Permanency Incentive Funds" or the "Notice of Denial for Kinship Permanency Incentive Funds" reports generated from the Ohio statewide automated child welfare information system (SACWIS) to the kinship caregiver(s) of its decision within fifteen business days of receipt of the completed JFS 01501, supporting documentation, and the results of the background checks.

(K) When sufficient information is not available to enable the PCSA to approve or deny the application for incentive payments, the PCSA shall provide the kinship caregiver(s) with notification on the "Notice of Incomplete Kinship Permanency Incentive Application" generated from Ohio SACWIS that identifies the information needed and informs the kinship caregiver(s) that if information requested is not submitted within ten calendar days the application will be denied. This shall not prohibit the kinship caregiver(s) from reapplying.

(L) If a kinship caregiver(s) relocates to another Ohio county, the PCSA in the new county of residence is responsible for determining eligibility for subsequent incentive payments. When known, the PCSA in the county in which the kinship caregiver(s) currently resides shall coordinate with the PCSA in the county of former residence in order to secure information regarding prior incentive payments. The PCSA in the county in which the kinship caregiver(s) formerly resided shall share information regarding prior incentive payments and upon request, transfer the case to the PCSA of the kinship caregiver's new county of residence.

(M) When a PCSA conducts and approves a home assessment in accordance with rule 5101:2-42-18 of the Administrative Code for a child's placement with a relative or nonrelative substitute caregiver residing in another county, the PCSA in the county of residence may use the approved home assessment to support KPI program eligibility.

(N) The PCSA may develop an interagency agreement with the county department of job and family services (CDJFS) to assist in gathering eligibility information necessary for the PCSA to approve or deny the application.

(O) If a director of a PCSA determines that a kinship caregiver(s) has received a fraudulent incentive, the kinship caregiver(s) shall be ineligible to participate in the KPI program for any child. The PCSA that determines that a kinship caregiver(s) has received a fraudulent incentive shall indicate this in Ohio SACWIS.

(P) The PCSA shall enter applications and incentive payments into Ohio SACWIS.

(Q) In order to confine KPI expenditures to appropriated state funds, the director of the department of job and family services, or designee, may issue an order at any time suspending the intake of any applications for KPI. During a program suspension, all applicants will be advised that a suspension is in effect. All applications will be denied during the same time that a suspension is in effect. No waiting lists will be established during the periods of suspension.

(R) The PCSA shall inform the kinship caregiver(s) of the right to request a state hearing and provide the kinship caregiver(s) with a copy of the JFS 04059 "Explanation of State Hearing Procedures" upon approval or denial of their application. The kinship caregiver(s) has the right to request a state hearing if the PCSA denies eligibility for KPI, or the application has been acted upon erroneously, or not acted upon with reasonable promptness.

Last updated January 30, 2026 at 6:58 PM

History

Effective: August 5, 2023
Promulgated Under: 119.03

Ohio Adm.Code 5180:2-56-01

(A) The state kinship guardianship assistance program (KGAP) provides financial payments to eligible kinship caregivers who have been granted legal custody or guardianship of a child that was previously in the custody of a public children services agency (PCSA). The Ohio department of job and family services (ODJFS) and the PCSA are to coordinate to administer the program pursuant to section 5153.163 of the Revised Code. ODJFS is to provide payments to the extent funds are appropriated and allocated for this purpose.

(B) The PCSA is to provide the JFS 00128 "Application for State Kinship Guardianship Assistance Program (KGAP) Payments" to any kinship caregiver(s) upon request and determine eligibility as outlined in rule 5101:2-56-03 of the Administrative Code.

(C) Kinship caregiver(s) as defined in rule 5101:2-1-01 of the Administrative Code includes any individual who meets one of the following:

(1) An individual who had an existing relationship with the child or the child's family that is similar to a familial relationship prior to the child's placement into substitute care; or

(2) An individual who is a member of a child's current foster family that does not wish to pursue adoption of the child but a court has made a finding pursuant to sections 2151.4119 and 2151.4120 of the Revised Code that the child's current foster family has a kin relationship with the child.

(D) The PCSA that had custody of a child immediately prior to a court granting legal custody or guardianship of the child to a kinship caregiver of is authorized to enter into a state kinship guardianship assistance agreement with that kinship caregiver.

(E) The monthly amount of the state KGAP payment is determined by negotiation and mutual agreement between the kinship caregiver(s) and ODJFS. State KGAP payments are to be negotiated as follows:

(1) The state KGAP payment for a child is to be eighty per cent of the child's current foster care per diem unless this would result in a state KGAP payment of less than three hundred-fifty dollars.

(2) For any child for whom the requirement in paragraph (F)(1) of this rule would result in a state KGAP payment of less than three hundred fifty dollars, the state KGAP payment is to be three hundred fifty dollars or the child's current foster care per diem amount, whichever is lower.

(3) ODJFS and the kinship caregiver(s) can mutually agree to a lower payment.

(F) The child's supplemental security income (SSI) benefits are to be considered along with the kinship caregiver(s) resources in the negotiation and determination of the state KGAP payment amount.

(G) The kinship caregiver(s) is to notify the social security administration if the child receives SSI benefits. The child may receive state KGAP and SSI concurrently if the child receives SSI. If there is concurrent receipt of payments from both programs, the social security administration will decrease the monthly SSI benefit by the monthly state KGAP payment amount.

(H) If ODJFS and the kinship caregiver(s) cannot mutually agree on the monthly state KGAP payment amount after thirty days from the initial negotiation meeting, ODJFS is to notify the kinship caregiver(s) of their rights to a state hearing in accordance with provisions set forth in Chapters 5101:6-1 to 5101:6-9 of the Administrative Code.

(I) If an overpayment or an underpayment of a state KGAP payment occurs, ODJFS is to take immediate action to correct either situation as soon as information is received.

(1) An underpayment occurs when one of the following circumstances exist:

(a) The kinship caregiver(s) of a state KGAP child does not receive a payment they are entitled to according to the current agreement.

(b) The kinship caregiver(s) of a state KGAP child receives a payment less than the amount they are entitled to according to the current agreement.

(2) An overpayment occurs when a kinship caregiver(s) receives a payment amount they are not entitled to because of the following reasons.

(a) The payment was made in excess of the agreed upon amount.

(b) The child for whom a state KGAP payment was made was not eligible for such payment the month the payment was made.

(J) ODJFS is responsible for reviewing payment records for state KGAP cases to determine if an overpayment has occurred. If an overpayment has occurred, ODJFS is to:

(1) Adjust the overpayment in Ohio SACWIS. Adjustment of the payment is to be effective on the first day of the month following the month in which the change occurred.

(2) Provide notification to the kinship caregiver(s) when an overpayment is found and identify what action ODJFS proposes to take with regard to the payment.

(3) Send notification to the kinship caregiver(s) of the right to request a state hearing in accordance with the provisions set forth in Chapters 5101:6-1 to 5101:6-9 of the Administrative Code.

(K) A review of the kinship caregiver's agreement may be requested by the successor guardian named in the state KGAP agreement in the event of the death or incapacitation of the kinship caregiver(s). The successor guardian and ODJFS will enter into a new JFS 00129 "State Kinship Guardianship Assistance Program Agreement" to reflect the change in guardian if the criteria in this rule are met. ODJFS is to ensure the following prior to payment:

(1) Verification of the primary successor legal guardian named in the kinship caregiver(s) JFS 00129 or in any amendments to the agreement. The successor guardian named cannot be the parent of the child.

(2) Termination date of the kinship caregiver(s) JFS 00129 pursuant to rule 5101:2-56-06 of the Administrative Code.

(3) Completion of background checks for the primary successor legal guardian and all adult household members in accordance with rules 5101:2-5-20, 5101:2-5-24, 5101:2-5-30 and 5101:2-5-09.1 of the Administrative Code. The PCSA in the county in which the successor guardian resides is to assist in completing the required background checks. If the successor guardian resides out of state, the PCSA that previously held custody of the child is to assist.

(4) If residing in another state, ODJFS is to ensure the kinship caregiver(s) has complied with the background check requirements of that state.

(5) Signed JFS 00129 between the primary successor legal guardian and ODJFS.

(6) The successor guardian is granted legal custody or guardianship.

(L) ODJFS is to approve state KGAP funding for eligible caregivers as long as state funds are available. In the event state funding is no longer available, the state KGAP program will close to new applications until July first of the following state fiscal year (SFY). Once state funds have been exhausted, neither ODJFS nor the PCSA may be held responsible for payment.

Last updated February 9, 2026 at 7:21 PM

History

Effective: January 1, 2023
Promulgated Under: 119.03

Ohio Adm.Code 5180:2-46-03

(A) The monthly amount of the KGAP payment is determined by negotiation and mutual agreement between the kinship caregiver(s) and Ohio department of job and family services (ODJFS).

(B) KGAP payments are to be negotiated as follows:

(1) The amount of the monthly KGAP payment for a child is not to exceed the current cost of the monthly foster care maintenance (FCM) payment that was paid or would have been paid if the child had been placed in a foster home.

(2) The KGAP payment for a child is to be eighty per cent of the child's current foster care per diem unless this would result in a KGAP payment of less than three hundred fifty dollars.

(3) For any child for whom the requirement in paragraph (B)(1) of this rule would result in a KGAP payment of less than three hundred fifty dollars, the KGAP payment is to be three hundred fifty dollars or the child's current foster care per diem amount, whichever is lower.

(4) ODJFS and the kinship caregiver can mutually agree to negotiate a lower payment of three hundred fifty dollars.

(C) ODJFS is not to consider the religion, sex, age, race, color, disability, or national origin of a kinship caregiver(s) or of the child when negotiating the KGAP agreement.

(D) No income eligibility test is to be used when determining the monthly KGAP payment.

(E) The child's supplemental security income (SSI) benefits are to be considered in the determination of the KGAP payment amount.

(F) The kinship caregiver(s) is to notify the social security administration (SSA) of the KGAP monthly payment amount if the child receives SSI benefits. The child may receive KGAP and SSI concurrently if the child receives SSI. If there is concurrent receipt of payments from both programs, the SSA will decrease the monthly SSI benefit by the monthly KGAP payment amount.

(G) ODJFS is to notify the kinship caregiver(s) of their rights to a state hearing in accordance with provisions set forth in Chapters 5101:6-1 to 5101:6-9 of the Administrative Code.

(H) ODJFS is to document the following in the Ohio statewide automated child welfare information system (SACWIS):

(1) Initial agreed upon monthly KGAP payment amount.

(2) State hearing and administrative appeal.

(I) ODJFS is to document in the child's KGAP case file when changes occur to the circumstances of the child and/or family; those changes are to be addressed or reviewed pursuant to rule 5101:2-46-07 of the Administrative Code.

Last updated February 9, 2026 at 4:12 PM

History

Effective: January 1, 2023
Promulgated Under: 119.03

Ohio Adm.Code 5180:6-1-04 Caretaker responsibilities to maintain eligibility in the publicly funded child care program.

(A) What are the caretaker responsibilities for tracking a child's attendance in the publicly funded child care (PFCC) program?

(1) The caretaker and/or the caretaker's designee(s)/sponsor(s) is to use the automated child care system upon entry to and exit from the child care program's location.

(a) Use of the automated system will track attendance for each child at each authorized program.

(b) An eligible caretaker or the caretaker's designee(s)/sponsor(s) are the only people permitted by the Ohio department of children and youth (DCY) to use the automated child care system to record a child's attendance.

(c) The caretaker and/or the caretaker's designee(s)/sponsor(s) is to create and use personal identification information to access the automated system. Personal identification information is not to be shared with the program.

(d) The caretaker's personal identification information is to serve as an electronic signature.

(e) Misuse of the automated child care system pursuant to rule 5180:6-1-07 of the Administrative Code may result in termination of a caretaker's eligibility.

(2) The caretaker is to review any changes made by a program to their child's attendance in the automated child care system, and approve all appropriate changes. A caretaker's designee(s)/sponsor(s) is not permitted to review and approve changes to a child's attendance. The caretaker's designee(s)/sponsor(s) will not be alerted when changes are made by programs and will not have access to case information.

(B) What are the caretaker financial responsibilities in the PFCC program?

(1) The caretaker is to make all copayments assigned pursuant to rule 5180:6-1-05 of the Administrative Code to the program.

(2) The caretaker is to abide by an agreed upon payment arrangement with the program if delinquent copayments are owed pursuant to rule 5180:6-1-05 of the Administrative Code.

(3) The caretaker is to abide by a payment agreement with the county department of job and family services (CDJFS) if money is owed for an overpayment pursuant to rule 5180:6-1-07 of the Administrative Code.

(1) A caretaker receiving PFCC benefits is to report to the CDJFS any changes which affect the caretaker's eligibility for the PFCC, including:

(a) Increase in family income over three hundred per cent of the federal poverty level.

(b) Long-term changes in caretaker participation in a qualifying activity (Example, loss of employment, no longer enrolled in school or training).

(2) The caretaker is to report changes within ten calendar days of the date the change occurs.

(3) If the caretaker fails to comply with the ten calendar day reporting requirement, the CDJFS will pursue a determination of and recovery of any overpayment, pursuant to rule 5108:6-1-07 of the Administrative Code.

(D) What are the caretaker responsibilities regarding program integrity review requests by ODJFS or any approved entity?

(1) Caretakers in the PFCC are to cooperate and participate in program integrity review requests by ODJFS or any approved entity pursuant to rule 5180:6-1-12 of the Administrative Code.

(2) If a caretaker fails to comply with a program integrity review request, the CDJFS may propose termination of child care benefits pursuant to rule 5180:6-1-08 of the Administrative Code.

Last updated August 3, 2026 at 8:40 AM

History

Effective: August 1, 2026
Promulgated Under: 119.03

Ohio Adm.Code 5180:6-1-07

(A) What is a caretaker improper child care payment?

A caretaker improper payment for publicly funded child care (PFCC) means that a PFCC payment was made to a caretaker's provider for services provided to the caretaker's child that were ineligible to be paid by the PFCC program. The caretaker is to repay the county department of job and family services (CDJFS) for the following improper payments:

(1) An error on the part of the caretaker or the caretaker's authorized representative, pursuant to rule 5180:6-1-01 of the Administrative Code.

(2) Payments made to a provider for care provided during a state hearing appeal period when the decision to terminate benefits is upheld at the state hearing.

(3) An error by CDJFS or Ohio department of children and youth (DCY).

(B) What is considered caretaker misuse of PFCC benefits or the automated child care system?

(1) If a caretaker intentionally withholds or falsifies information, including information withheld or falsified by the caretaker's authorized representative, as defined in rule 5180:6-1-01 of the Administrative Code.

(2) If a caretaker allows the provider to use or possess the caretaker's personal identification information to gain access to the automated child care system.

(3) If a caretaker falsifies attendance records.

(C) What are the repayment procedures for a caretaker improper child care payment or an overpayment related to misuse of the automated child care system?

(1) The CDJFS is to:

(a) Calculate the overpayment resulting from an improper payment.

(b) Notify the caretaker of the determined overpayment amount to be repaid using the DCY 01151 "County Notice of Child Care Benefit Repayment Requirements for Caretakers."

(2) The caretaker is to:

(a) Sign the DCY 01151 acknowledging the overpayment and agreeing to a repayment plan.

(b) Make payments in accordance with the signed payment agreement.

(D) What if the caretaker fails to comply with a repayment agreement?

(1) The CDJFS is to terminate child care benefits if the caretaker fails to enter into or comply with an agreement to repay a child care overpayment, and is to issue the appropriate hearing notice pursuant to division 5180:6 of the Administrative Code.

(2) Ineligibility for child care benefits are to continue until the caretaker complies with an agreement to repay the determined amount.

(E) What is considered child care caretaker fraud?

(1) Child care caretaker fraud is the willful withholding or falsification of information, or the misuse of child care services by the caretaker, or the caretaker's authorized representative, pursuant to rule 5180:6-1-01 of the Administrative Code, with an intent to deceive or defraud, resulting in the acceptance of services to which the caretaker was not entitled, as determined by a court of law or the caretaker's admission.

(2) The CDJFS, in cooperation with the county prosecutor, is to develop and implement procedures for the investigation and/or prosecution of alleged child care caretaker fraud and the recovery of child care over payments from caretakers. The CDJFS is to update these procedures as necessary.

(F) What happens if a caretaker has admitted to caretaker fraud or has been convicted of fraud by a court of law?

(1) The CDJFS is to terminate child care benefits.

(2) The caretaker is not eligible for PFCC benefits until full repayment has been made.

(3) The CDJFS is to follow all appropriate provisions of the state hearing notice as required in division 5180:6 of the Administrative Code.

Last updated August 3, 2026 at 8:39 AM

History

Effective: August 1, 2026
Promulgated Under: 119.03

Ohio Adm.Code 5180:6-1-05

(A) What are the copayment requirements for families receiving publicly funded child care (PFCC) benefits?

(1) Families are to be assigned a weekly copayment amount based on income level.

(2) Families are to pay the assigned copayment(s) directly to their child care program(s).

(3) Weekly copayment amounts are to be based on the federal poverty guidelines released annually by the United States department of health and human services.

(a) Each family with a monthly income of one hundred per cent or less of the federal poverty level (FPL) is to have a weekly copayment of zero dollars.

(b) Each family with a monthly income of more than one hundred per cent of the FPL is to have a weekly copayment based on family size and gross monthly income.

(B) How is the copayment calculated?

To calculate the family's copayment, the county department of job and family services (CDJFS) is to:

(1) Determine the family's monthly income pursuant to rule 5180:6-1-03 of the Administrative Code, and multiply by twelve to calculate the family's annual income.

(2) Divide the family's annual income by one hundred per cent of the FPL that corresponds to the family size to determine the family's FPL. The FPL guidelines are published annually in a procedure letter pursuant to rule 5180:6-1-02 of the Administrative Code.

(3) Round the family's FPL determined in paragraph (B)(2) of this rule up to the next five per cent (for example, one hundred two per cent FPL is rounded to one hundred five per cent FPL).

(4) Using the FPL determined in paragraph (B)(3) of this rule, multiply by one hundred per cent of the FPL that corresponds to the family size and divide by twelve, rounding up to the nearest dollar to determine the maximum monthly income.

(5) Using the copayment calculation table found in the procedure letter issued under paragraph (A)(3)(c) of this rule, multiply the maximum monthly income as determined in paragraph (B)(4) of this rule by the appropriate copay multiplier, round to the nearest whole dollar, multiply by twelve, and divide by the number of weeks in the current state fiscal year to determine the family's weekly copay.

(1) The copayment amount is to be equally distributed among all authorizations each week.

(2) The distributed copayments are to be rounded down to the nearest whole dollar.

(3) The caretaker is to be notified of the copayment amounts for each authorization.

(D) How long is a family copayment effective?

The copayment amount that is assigned to the family upon determination of eligibility is to be in effect for the entire eligibility period unless any of the following occurs:

(1) The caretaker reports a change in family income, family size, or both, that reduces the amount of the copayment.

(2) An incorrect copayment was assessed by the CDJFS as a result of agency error, recipient error, or recipient fraud, resulting in corrective action to reduce or increase the family's copayment.

(3) The Ohio department of children and youth (DCY) requires a change in the copayment.

(E) When can a family copayment increase?

Copayments may increase at the time of recertification. The new copayment amount is effective on the first day of the new eligibility period.

(F) When can a family copayment be reduced?

A family copayment may be reduced any time a change is reported in income or family size that reduces the copayment, even during the current eligibility period.

(G) When are copayments waived?

The CDJFS is to waive the copayment requirement for families eligible for protective or homeless child care benefits pursuant to rule 5180:6-1-02 of the Administrative Code.

(H) Is a copayment impacted if the family does not utilize all of the authorized hours for child care in a week?

A family is to be required to pay the copayment assigned for a child's authorization or the child's cost of care for that week, whichever amount is lower.

(I) Is the family required to pay the copayment when only absent days or professional development days are reported for the week?

A family is not required to pay the copayment when only absent days and/or professional development days are reported, with no hours of attendance at the child care program during that week.

(J) What is the due date for each copayment?

The family will sign a written agreement with the program(s) in which a mutually agreed upon due date for each copayment is specified, pursuant to rule 5180:6-1-09 of the Administrative Code.

(K) What happens if the caretaker does not pay the copayment according to the signed agreement with the child care program?

A caretaker is to be ineligible for child care benefits if a delinquent copayment is owed, unless satisfactory arrangements are made to pay the delinquent copayment. Arrangements to pay a delinquent copayment is to be satisfactory to both the caretaker and the program.

Last updated August 3, 2026 at 8:39 AM

History

Effective: August 1, 2026
Promulgated Under: 119.03

Ohio Adm.Code 5180:6-1-12

(A) What is a program integrity review?

A program integrity review carried out for the publicly funded child care program is meant to ensure:

(1) The program is limited to only eligible recipients.

(2) Payments to programs are for actual services provided.

(3) Payments to programs conform to program rules.

(B) Who performs program integrity reviews?

The following entities may perform program integrity reviews for the publicly funded child care (PFCC) program:

(1) The Ohio department of children and youth (DCY).

(2) A county department of job and family services (CDJFS).

(3) The Ohio auditor of state.

(4) The Ohio attorney general.

(5) The Ohio inspector general.

(6) The U.S. department of health and human services (HHS).

(7) The HHS office of inspector general.

(8) The U.S. government accountability office.

(9) Any entity working on behalf of DCY or the federal government.

Child care programs with a provider agreement or who had a provider agreement pursuant to rule 5180:6-1-09 of the Administrative Code, and caretakers determined eligible for PFCC benefits pursuant to rule 5180:6-1-02 of the Administrative Code are to cooperate and participate in reviews conducted by any of the entities listed in paragraph (B) of this rule.

(D) What documentation and records will child care programs be required to provide as part of a program integrity review?

(1) Child care programs are to provide all documentation and records which are required to be maintained by Chapters 5180:2-12, 5180:2-13, 5180:2-14, 5180:2-18, 5180:2-19, 5180:2-20, 5180-32, 5180-37, and 5180:6-1 of the Administrative Code.

(2) Child care programs are to provide the documents and records listed in paragraph (D)(1) of this rule immediately upon request or no later than fifteen days from the date the child care program receives notice of the request.

(3) Child care programs are to provide all documentation and records required to be maintained on-site immediately upon request during an on-site review.

(E) What happens if a child care program fails to comply with a program integrity review request?

If a child care program fails to comply with a program integrity review request, DCY may do both of the following:

(1) Terminate the provider agreement entered into with DCY pursuant to rule 5180:6-1-09 of the Administrative Code.

(2) Determine an overpayment for any claims under examination as part of the review.

(F) What happens if DCY determines misuse of PFCC or the automated child care system pursuant to rule 5180:6-1-11 of the Administrative Code?

DCY may do any of the following:

(1) Recoup all improper payments due to misuse of PFCC.

(2) Terminate the provider agreement entered into with DCY pursuant to rule 5180:6-1-09 of the Administrative Code.

(G) If DCY terminates a provider agreement pursuant to this rule, when can the program request a new agreement?

A child care program whose provider agreement has been terminated pursuant to this rule may not re-enter into a provider agreement for a period of five years from the date of termination.

Last updated August 3, 2026 at 8:41 AM

History

Effective: August 1, 2026
Promulgated Under: 119.03

Ohio Adm.Code 5180:6-1-08

(A) How are the county departments of job and family services (CDJFS), in accordance with Chapter 5104. of the Revised Code, to manage the publicly funded child care (PFCC) program?

(1) The CDJFS is to accept any gift, grant, or other funds from public or private sources offered unconditionally or under conditions which are, in the judgment of the Ohio department of children and youth (DCY), proper and consistent with Chapter 5104. of the Revised Code and deposit such funds in the county public assistance fund established by section 5101.161 of the Revised Code.

(2) The CDJFS is to submit a plan to DCY for approval that assures the application process is as accessible to the public as possible and complies with section 5104.33 of the Revised Code. The CDJFS is to submit any revisions of the plan to DCY. The plan is to:

(a) Assure that there are various ways families may apply through telephone, agency computer, the DCY web site and other means that are convenient and accessible for families. These are to include but are not limited to the following:

(i) To the extent permitted by federal law, the CDJFS may contract with, resource and referral organizations, or an outside entity to make all or any part of the eligibility determinations.

(ii) To the extent permitted by federal law, the CDJFS may contract with, resource and referral organizations, or an outside entity to collect information for use by the CDJFS in determining eligibility for child care benefits.

(iii) The CDJFS may use and accept electronic records and electronic signatures as specified in Chapter 1306. of the Revised Code.

(b) Station, as necessary, CDJFS employees at various sites in the county for the purpose of assisting applicants in completing the application process and for eligibility determinations at those locations.

(c) Extend, as necessary, CDJFS hours and assign CDJFS employees to hours of employment outside the normal working hours of the CDJFS to collect information relevant to applications for PFCC and to make eligibility determinations.

(d) Provide training and technical assistance, as necessary, to individuals or agencies so they may assist families in completing the application process and, where applicable, in making eligibility determinations.

(3) The CDJFS is to provide caretakers with complete written explanations of the following:

(a) Instructions on how to apply for PFCC.

(b) Factors used in determining eligibility including family income, family size, ages of family members and the caretaker's hours of employment, training or education.

(d) The consequences to the caretaker for failure to accurately and completely report information or changes, including:

(i) A repayment of child care benefits pursuant to rule 5180:6-1-07 of the Administrative Code.

(ii) Termination or denial of child care benefits.

(iii) Penalty of fine and/or imprisonment if a court action renders a finding that the caretaker fraudulently received child care benefits for which the caretaker was not eligible.

(4) The CDJFS is to report to DCY any known or suspected violations of Chapter 5104. of the Revised Code or the rules promulgated pursuant to that chapter regarding licensed child care centers, licensed family child care homes, licensed preschool, licensed school-age child programs, in-home aides or approved child day camps.

(5) The CDJFS is to cooperate and participate in all reviews including but not limited to, fiscal, programming, records, and other monitoring activities regarding PFCC.

(6) The CDJFS is to comply with the National Voter Registration Act of 1993 which requires each state to provide voter registration services at designated government agencies that provide public assistance.

(a) The CDJFS is to distribute voter registration applications with applications for PFCC, defined in rule 5180:6-1-02 of the Administrative Code.

(b) The CDJFS is to follow procedures outlined in rule 5101:1-2-15 of the Administrative Code for the acceptance of voter registration applications.

(7) The CDJFS is to cooperate with DCY for the recruitment of programs to meet the need for PFCC in the county.

(B) What is the record retention requirement for the CDJFS?

(1) The CDJFS is to maintain records in accordance with Chapter 149. of the Revised Code.

(2) Records are to be maintained for a minimum of three years or until an audit is completed, if one has been initiated within a three-year period, to document compliance with child care requirements.

The CDJFS is to limit access to and use of the Ohio benefits integrated eligibility system, to the extent necessary to meet the requirements of the PFCC program under the Child Care and Development Block Grant Act (CCDBG) of 1990, established in section 5082 of the Omnibus Budget Reconciliation Act of 1990, 104 Stat. 1388-236 (1990), 42 U.S.C. 9858, and reauthorized and amended by the CCDBG Act of 2014, Pub. L. No. 113-186, 128 Stat. 1971 (2014) 42 U.S.C. 9858.

(1) Personnel having access to the Ohio benefits integrated eligibility system are to be limited to those who have been trained in the confidentiality requirements of DCY, who are informed of all penalties, who have been trained in security procedures and who have signed the digital JFS 07078 "Code of Responsibility" in https://auth.ohid.ohio.gov/login.

(2) The CDJFS is to monitor access to and the use of the Ohio benefits integrated eligibility system to prevent and promptly identify any unauthorized use.

(3) The CDJFS is to ensure that all personnel who have access to, may have access to or are required to use the Ohio benefits integrated eligibility system are informed of applicable requirements and penalties and have been trained in security procedures.

(D) What is the CDJFS responsibility to migrant families?

The CDJFS is to assist migrant families in obtaining appropriate documentation to complete the migrant family's determination of eligibility for child care benefits.

(E) What is the CDJFS responsibility for the determination of eligibility for PFCC?

(1) Document the date a valid application for PFCC, defined in rule 5180:6-1-02 of the Administrative Code, is received.

(2) Determine eligibility no later than thirty calendar days from the date the CDJFS receives the valid application. The complete application and all required supporting documentation are retained in the agency's files.

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

(4) When the CDJFS determines a caretaker is eligible for child care benefits, the eligibility period will the date the CDJFS received the valid application pursuant to rule 5180:6-1-02 of the Administrative Code. The CDJFS is to send the caretaker a notice of approval for child care benefits via the JFS 04074 "Notice of Approval of Your Application for Assistance." or its computer-generated equivalent.

(5) Deny or terminate a caretaker's eligibility for child care benefits, after providing hearing notice rights as required by applicable rules in division 5180:6 of the Administrative Code, if the caretaker does any of the following:

(a) Does not meet current eligibility, unless the caretaker is approved for continuing eligibility pursuant to rule 5180:6-1-02 of the Administrative Code.

(b) Has another adult caretaker available in the family who can provide care for the child, and no written verification from an approved practitioner has been provided to the CDJFS that the caretaker cannot provide care for the child pursuant to rule 5180:6-1-02 of the Administrative Code.

The written verification may be provided by the following:

(i) A licensed physician.

(ii) A licensed psychologist.

(iii) A public children services agency (PCSA.)

(iv) An independent licensed practitioner under Chapters 4757. and 4758. of the Revised Code.

(v) Advanced practice registered nurse under Chapter 4723. of the Revised Code.

(d) Does not enter into or comply with an agreement with the CDJFS or DCY to repay a child care overpayment. If an initial application is received from a caretaker who owes an overpayment from a previous PFCC benefit period, the application is to be denied unless the caretaker enters into an agreement with the CDJFS or DCY to repay the overpayment.

(e) Does not pay the required child care copayment unless the family makes arrangements to pay current delinquent copayments.

(f) Owes delinquent copayments to a child care program, unless satisfactory arrangements are made to pay such delinquent copayments.

(g) Requests to discontinue receiving PFCC benefits.

(6) If the CDJFS determines a caretaker ineligible for child care benefits the CDJFS is to deny the application. The CDJFS is to:

(a) Provide the caretaker with a notice of denial of an application for child care benefits by the JFS 07334 "Notice of Denial of Your Application for Assistance" or its computer-generated equivalent.

(b) Authorize child care for a full time category of care pursuant to rule 5180:6-1-06 of the Administrative Code for the period of time between the date the CDJFS receives the valid application and the date of denial plus five days. Authorization for payment after denial is not to be approved if a caretaker received paid services after denial in the previous twelve months from the date of the valid application. The caretaker is not to be assigned a copayment for a payment after denial authorization.

(7) The CDJFS may terminate a caretaker's eligibility for child care benefits, after providing hearing notice rights as required by applicable rules in division 5101:6 of the Administrative Code. The CDJFS is to propose termination of child care benefits using the JFS 04065 "Prior Notice of Right to a State Hearing" or its computer-generated equivalent at least fifteen calendar days prior to the date of the proposed action if any of the following occur:

(a) The CDJFS determines the family is no longer eligible, and the family does not qualify for continuing eligibility pursuant to rule 5180:6-1-02 of the Administrative Code.

(b) The caretaker does not comply with the automated child care system, which includes but is not limited to use of the automated system and approval of edited attendance as necessary.

(c) The caretaker does not comply with a review conducted by DCY pursuant to rule 5180:6-1-12 of the Administrative Code.

(8) The CDJFS is not to terminate child care benefits pursuant to paragraph (E)(5) of this rule if any of the following apply:

(a) A caretaker has not participated in an education or training activity which prepares the caretaker for paid employment due to a scheduled break in the education or training activity. This scheduled break cannot exceed one quarter or one semester.

(b) A caretaker has not utilized child care benefits.

(9) The CDJFS is to use the procedures outlined by DCY for transferring cases between counties when the caretaker relocates to another county.

(10) When the child care application is signed with a telephonic signature, the CDJFS is to provide the caretaker with a written copy of the summary of the information attested to on the telephonic application along with instructions on how to correct errors or omissions.

(F) What is the CDJFS responsibility for informing caretakers of available child care programs?

(1) Allow eligible caretakers a choice from all available child care programs who are certified, licensed or approved to provide PFCC.

(2) Make available a current list of all certified, licensed or approved programs in the county by providing selected portions of the list or the complete list as requested by the caretaker to facilitate parental choice. Such lists are to include, but are not limited to:

(a) Reasonable access to the child's home or school.

(b) Reasonable access to the caretaker's place of employment, education or training.

(G) What is the CDJFS responsibility for reporting all information required by DCY data and payment information systems?

(1) Transmit all data regarding child care eligibility and authorizations daily as required in the Ohio benefits integrated eligibility system or other data systems required by DCY.

(2) Provide caretakers with a verification checklist no later than ten calendar days following the receipt of a valid application for PFCC as defined in rule 5180:6-1-02 of the Administrative Code, with notification of the requirements needed to complete the eligibility determination process.

(3) Submit eligibility data no later than five calendar days following the date eligibility is determined or no later than five calendar days following any reported changes to a case that affect eligibility or authorizations.

(4) Issue a notice of change in child care benefits to the caretaker within ten calendar days from the date the change of circumstances was reported by the caretaker.

(H) What is the responsibility of the CDJFS in the recertification process?

(1) In the event a caretaker requests a copy of the recertification application, the CDJFS is to provide both of the following:

(a) The JFS 07204 " Request to Recertify for Supplemental Nutrition Assistance Program (SNAP), Cash, and/or Child Care Assistance; and

(b) The voter registration application pursuant to this rule.

(2) The CDJFS is to determine if eligibility may be recertified for a new eligibility period by the last day of the current eligibility period.

(a) If the CDJFS determines the caretaker is eligible for benefits for a new eligibility period, the new period is to begin on the date following the last day of the current eligibility period. The CDJFS is to provide notice of approval for benefits using the JFS 04074 "Notice of Approval of Your Application for Assistance" or its computer-generated equivalent.

(b) If the CDJFS determines the caretaker is ineligible for benefits for a new eligibility period, the CDJFS is to provide notice of denial of the application for benefits using the JFS 07334 "Notice of Denial of Your Application for Assistance" or its computer-generated equivalent. The eligibility is to end on the last day of the current eligibility period.

(c) The CDJFS is to propose the expiration of benefits on or after the first day of the next-to-last month of eligibility, but before the first day of the last month of eligibility using the JFS 04065 or its computer-generated equivalent. Benefits will expire if the caretaker fails to submit any of the following prior to the end of the current eligibility period:

(i) The JFS 07204; and

(ii) Household income verification and any other required supporting documentation.

(I) What is the CDJFS responsibility regarding the authorized representative as defined in rule 5180:6-1-01 of the Administrative Code?

(1) When the caretaker provides written notification identifying an authorized representative, the CDJFS is to record the name of the authorized representative in the case file.

(2) The CDJFS is to inform the caretaker that the family will be held liable for any overpayments issued as a result of erroneous or fraudulent information given by the authorized representative.

(J) How does the CDJFS process a PFCC application when the caretaker is also applying for SNAP, cash and/or medical assistance?

(1) All PFCC joint applications for all county agencies, are to be processed in accordance with Chapter 5104. of the Revised Code and Chapter 5180:6-1 of the Administrative Code.

(3) The process for a caretaker that simultaneously requests PFCC and another program includes the following:

(a) If a caretaker is denied benefits for the other program, the caretaker is not required to resubmit another application for PFCC; and

(b) PFCC eligibility is to be determined in accordance with PFCC processing time frames from the date the application was initially accepted by the CDJFS.

(4) To facilitate participation in the program, the CDJFS is to notify caretakers who are applying for other types of assistance that they may file a separate application for PFCC benefits independent of the application for benefits of any other program.

Last updated August 3, 2026 at 8:40 AM

History

Effective: August 1, 2026
Promulgated Under: 119.03

Ohio Adm.Code 5180:6-1-06 Authorizations for publicly funded child care services.

(A) What is a family's level of service?

(1) The family's level of service indicates how many weekly hours have been approved for the child to receive care.

(2) The child care authorization identifies the program that the family has chosen to provide care. The chosen program is to have a provider agreement with the department of children and youth (DCY) to provide publicly funded child care (PFCC) services.

(3) The child care authorization allows DCY to make weekly payments to the authorized program for child care services for the child.

(B) How does the county determine the level of service?

The level of service is based upon the approved hours of care.

(1) Approved hours of care are to be related to the hours that the caretaker participates in qualifying activities, pursuant to rule 5180:6-1-02 of the Administrative Code.

(2) If there is more than one caretaker in the household, the hours of care are to be related to the hours in which neither caretaker is available to care for the child because of participation in qualifying activities.

(3) The level of service, determined at the time the county agency determines eligibility, is to be maintained for the entire eligibility period unless verification is submitted supporting an increase. If applicable, the category of authorization may be increased to match the new level of service.

(C) Can child care be approved for hours in addition to the hours the caretaker is participating in an approved activity?

Additional hours of care can be approved for the following circumstances:

(1) Travel time, not to exceed four hours round trip, is to be allowed.

(2) Sleep time is to be allowed on a case by case basis, not to exceed eight hours, for a caretaker who participates in an activity where at least four hours occur between midnight and six a.m.

(3) Child care may exceed twenty-four consecutive hours when the caretaker's hours of employment, training or education indicate such a need. Child care is not to exceed forty-eight consecutive hours.

(D) What is a category of authorization?

(1) The category of authorization is assigned based on the determined level of service a family needs as described in paragraph (A) of this rule. The categories of authorization are as follows:

(a) An hourly authorization is for hours of care totaling fewer than ten hours per week.

(b) A part-time authorization is for hours of care totaling ten hours to fewer than thirty-three hours per week.

(d) A week is defined as the seven-day period from twelve a.m. Sunday to fifty-nine minutes after eleven p.m. Saturday.

(2) Authorizations for care are not to exceed the level of service that a caretaker is approved to receive.

(3) Authorizations for approved initial applications are to begin on the date the county received the valid application pursuant to rule 5180:6-1-02 of the Administrative Code.

(E) How many weekly authorizations may a county grant for one child?

(1) A child is to have one authorization for one program in a week; unless an exemption is met as set forth in paragraph (E)(2) of this rule.

(2) The county agency may grant an additional part-time or hourly authorization in a week if the family provides documentation showing it meets one of the following exemption criteria:

(a) The child needs care during non-traditional hours as defined in rule 5180:6-1-10 of the Administrative Code.

(b) The child needs to change programs in the middle of the week and the hours of care provided by the programs do not overlap.

(c) The child's program is closed on scheduled school days off or on calamity days and the child needs care for those days.

(F) Can an authorization be created if the PFCC application is denied?

A full-time authorization may be created for child care services provided for the period of time between the date the county agency receives the valid application as defined in rule 5180:6-1-02 of the Administrative Code and the date of denial plus five days, if all of the following occur:

(1) A complete application, as defined in rule 5180:6-1-02 of the Administrative Code, was submitted.

(2) The child in care is age eligible, as defined in rule 5180:6-1-02 of the Administrative Code.

(3) The program had a valid provider agreement pursuant to rule 5180:2-16-09 of the Administrative Code for all or part of the time the child received care. The authorization is to fall within the period of time the program had a valid provider agreement.

(4) The caretaker was not previously approved for paid PFCC services after denial in the previous twelve months.

(G) Are there any PFCC programs that caretakers may not choose to provide care for their children?

(1) A caretaker is not to receive PFCC services from a type A or type B program located in the same household as the child and the caretaker.

(2) If the caretaker is the owner or an owner's representative of a licensed child care center or type A home, the caretaker's children are not to be authorized to that center or type A home.

(3) If the caretaker is the employee of a licensed type A home or licensed type B home, the caretaker's children are not to be authorized to that licensed type A or type B home.

Last updated November 3, 2025 at 8:03 AM

History

Effective: November 2, 2025
Promulgated Under: 119.03

Ohio Adm.Code 5101:1-2-15

(A) What is the National Voter Registration Act (NVRA) of 1993?

(1) The NVRA, 52 U.S.C. 20501 (1993), establishes procedures to increase the number of eligible citizens who register to vote in elections for federal office.

(2) The NVRA requires states to provide voter registration services to all government agencies that provide public assistance, including county agencies.

(B) What is the role of the county agency?

The county agency shall do the following:

(1) In accordance with the NVRA and section 329.051 of the Revised Code, make voter registration applications available, as set forth in paragraph (B)(2) of this rule, to individuals applying for or in receipt of the following programs:

(a) Ohio works first (OWF);

(b) Prevention, retention and contingency (PRC);

(d) Medicaid.

(2) Provide the following forms with every application, recertification or change of address:

(a) The JFS 07200-VR "Voter Registration and Information Update Form" or the national mail voter registration application. The voter registration form shall be attached to all applications, recertifications and change of address materials.

(b) The JFS 07217 "Voter Registration Notice of Rights and Declination", or the county-created equivalent form or the statewide automated eligibility system generated equivalent. When the county agency creates its own form, the questions and statements set forth in the NVRA and section 3503.10 of the Revised Code must be on the form.

(i) Individuals who wish to register should check the "yes" box and individuals who do not wish to register should check the "no" box. Failure to check either box will be deemed a decision not to register to vote at that time.

(ii) When an individual checks "no" on the notice of rights and declination form, but completes the voter registration form, the county agency shall send the form to the local county board of elections.

(iii) The secretary of state does not require the submission of the notice of rights and declination form.

(iv) Information relating to a declination to register to vote in connection with an application made at the county agency shall not be used for any purpose other than voter registration.

(3) Assist the individual in completing the voter registration forms, unless the individual refuses such assistance. Each individual shall be provided the same degree of assistance with completion of the voter registration form as is provided with the completion of any public assistance form.

(4) Accept the completed voter registration form regardless of whether the form was distributed by the county agency. Completed voter registration forms may be returned to the county agency in person or through another person. When voter registration forms are accepted, they shall be date stamped using a date stamp that will not disclose the identity of the county agency or if no such date stamp is available, the date may be written on the voter registration form.

(5) Transmit completed voter registration forms to the appropriate local county board of elections within five days after the date of receipt by the county agency. The JFS 07218 "Agency-Based Registration Voter Registration Transmittal" shall be used for this purpose.

(6) Maintain confidentiality in voter registration procedures. The identity of the county agency from which voter registration forms are received shall remain confidential except as required by the secretary of state for record-keeping purposes.

(7) Establish an internal procedure for collection of all voter registration forms. The internal procedure shall include the selection of a designated individual within the agency to serve as coordinator for all activities related to the voter registration program. The requirements of the coordinator are listed in paragraph (D) of this rule.

(8) Provide the individual with an opportunity to register to vote with instructions when the county agency learns the individual was not given the opportunity to register to vote.

(1) Seek to influence an individual's political preference or party registration;

(2) Display any such political preference or party allegiance;

(3) Make any statement to an individual or take any action with the purpose or the result is to discourage the individual from registering to vote; or

(4) Make any statement to an individual or take any action with the purpose or the result is to lead the individual to believe that a decision to register or not to register has any bearing on the availability of services or benefits.

(D) What is the role of the county agency voter registration coordinator?

The voter registration coordinator is responsible for administering all aspects of the voter registration program within the county agency as prescribed by the secretary of state and has the following specific responsibilities:

(1) Collect all voter registration forms.

(2) Transmit voter registration forms to the local county board of elections.

(3) Train all county agency employees who provide assistance in processing applications, recertifications, and changes of address with respect to the voter registration requirements:

(a) New county agency staff who have NVRA-related responsibilities shall receive training within the first month of their employment or before their first public contact, whichever occurs first.

(b) Current county agency employees shall receive training at least annually, with the first session occurring no later than September of each year.

(c) Records of staff training shall be maintained by the county agency and provided to the Ohio department of job and family services upon request.

(4) Maintain an adequate supply of the applications and forms identified in paragraphs (B)(2)(a) and (B)(2)(b) of this rule.

(5) Monitor voter registration activities.

(6) Resolve questions and problems that arise, in coordination with state or county election officials.

(7) Administer all aspects of the voter registration program for the county agency as prescribed by the secretary of state.

(8) The coordinator shall receive no additional compensation for performing such duties.

Last updated July 1, 2025 at 7:56 AM

History

Effective: July 1, 2025
Promulgated Under: 119.03

Ohio Adm.Code 5180:2-12-09

(A) What records are included in a background check?

(1) Bureau of criminal investigation (BCI) records pursuant to section 5104.013 of the Revised Code.

(2) Federal bureau of investigation (FBI) records pursuant to section 5104.013 of the Revised Code.

(3) National sex offender registry.

(4) State sex offender registry.

(5) Statewide automated child welfare information system (SACWIS) records.

(B) Who shall have a background check?

(1) An owner and administrator of a licensed child care center or applicants to be licensed as a child care center.

(2) An employee in a licensed child care center as defined in rule 5180:2-12-01 of the Administrative Code.

(3) A child care staff member in a licensed child care center as defined in rule 5180:2-12-01 of the Administrative Code, including substitutes and high school students and graduates under eighteen years of age working as child care staff members.

Background checks are not required for volunteers and visitors. These are individuals who:

(1) Are not counted in staff-child ratio.

(2) Are not to be left alone with children at any time.

(D) When is a background check required?

(1) At application for a child care center license.

(2) Prior to the first day of employment for employees and child care staff members.

(3) Every five years from the date of the most recent BCI records check.

(E) How is a background check obtained?

The individual shall:

(1) Create a profile in the Ohio professional registry (OPR).

(2) Submit fingerprints electronically according to the process established by BCI and have the BCI and FBI results sent directly to the Ohio department of children and youth (DCY).

(3) Complete and submit the request for a background check for child care in the OPR.

(F) What if an individual previously resided in a state other than Ohio?

(1) DCY will contact any states in which the individual resided in the previous five years to request the information required in paragraph (A) of this rule.

(2) Any information received from other states will be reviewed and considered by DCY as part of the background check review pursuant to paragraph (H) of this rule.

(G) What happens if an individual does not complete the full background check determination process?

(1) If the individual completes only the requirements in paragraph (E)(2) of this rule or only the requirements in paragraph (E)(3) of this rule and does not submit the other component within forty-five days, the background check process will end and a determination of eligibility will not be made.

(2) DCY will notify the individual and the program that the background check determination process has ended.

(3) The individual will need to complete the requirements of paragraphs (E)(2) and (E)(3) of this rule to restart the background check determination process in the future.

(H) What makes an individual ineligible to own or be employed in a center?

(1) A conviction or guilty plea to an offense listed in division (A)(5) of section 109.572 of the Revised Code, unless the individual meets the rehabilitation criteria in appendix A to this rule.

(a) Section 109.572 of the Revised Code requires that this rule applies to records of convictions that have been sealed pursuant to section 2953.32 of the Revised Code.

(b) A conviction of or a plea of guilty to an offense listed in division (A)(5) of section 109.572 of the Revised Code is not prohibitive if the individual has been granted an unconditional pardon for the offense pursuant to Chapter 2967. of the Revised Code or the conviction or guilty plea has been set aside pursuant to law. For purposes of this rule, "unconditional pardon" includes a conditional pardon to which all conditions have been performed or have transpired.

(2) Being registered or required to be registered on the national or state sex offender registry or repository.

(3) The individual is identified in SACWIS as the perpetrator for a substantiated finding of child abuse or neglect in the previous ten years from the date the request for background check was submitted or the individual has had a child removed from their home in the previous ten years pursuant to section 2151.353 of the Revised Code due to a court determination of abuse or neglect caused by that specific person.

(I) What happens after the individual requests the background check in the OPR and submits fingerprints through a webcheck location?

(1) The program and individual may receive notification of preliminary approval generated from the OPR.

(2) The center will receive the DCY 01176 "Program Notification of Background Check Review for Child Care" from DCY and shall keep it on file, if not available in the OPR.

(a) For those individuals not eligible for employment, the center shall not hire the individual or shall terminate them from employment immediately upon receipt of the DCY 01176.

(b) Until preliminary approval is received from DCY, an administrator, child care staff member or employee hired on or after the effective date of this rule cannot engage in any assigned duties, be near children, or otherwise have access to children.

(c) A child care staff member with preliminary approval but not a DCY 01176 on file at the center or in the OPR shall not be left alone with children and shall be supervised at all times by another child care staff member with a DCY 01176 on file or in the OPR.

(d) Only child care staff members with a DCY 01176 on file at the center or in the OPR may be left alone with children.

(3) The individual will receive the DCY 01177 "Individual Notification of Background Check Review for Child Care" from DCY.

(a) If the individual believes the information received is not accurate, the individual may directly contact the agency that contributed the questioned information.

(b) If the individual disagrees with the employment eligibility decision made by DCY, a DCY 01178 "Request for Review of Background Check Decision for Child Care" shall be completed to request a review of the decision. The DCY 01178 shall be submitted within fourteen business days from the date on the DCY 01177.

(J) What happens after an individual submits a DCY 01178 to DCY?

If an individual requests a review of a background check decision pursuant to paragraph (I)(3)(b) of this rule:

(1) The program shall not allow the individual to be on-site at the program during the review by DCY.

(2) If the individual is determined to be eligible for employment, the program may allow the individual to be employed and shall keep the updated DCY 01176 on file pursuant to paragraph (I)(2) of this rule.

(3) If the decision is upheld, the individual remains ineligible for employment.

(K) What are the background check requirements if an individual becomes employed at another licensed program?

(1) Only the request for a background check for child care in the OPR is required if the individual meets all of the following:

(a) The individual has a current background check determination by DCY completed in the previous five years pursuant to this rule.

(b) The individual has been employed by a licensed child care center, licensed type A home, licensed type B home, approved day camp, a preschool or school-age program approved to provide publicly funded child care or certified as an in-home aide or was a resident of a licensed type A home or licensed type B home in the previous one hundred eighty consecutive days.

(2) Upon receipt of the request, DCY will provide the DCY 01176 based on the existing background check determination to the new employer.

View Appendix

Last updated July 1, 2026 at 8:29 AM

History

Effective: July 1, 2026
Promulgated Under: 119.03

Ohio Adm.Code 5180:6-1-11 Program improper payments or misuse of publicly funded child care benefits.

(A) What is a program improper child care payment?

A program improper child care payment means that payment was made to a program for which the program was not eligible to receive. Improper payments are the result of one of the following:

(1) An error on the part of the program.

(2) An error on the part of the county department of job and family services (CDJFS) or the Ohio department of children and youth (DCY).

(B) What is considered program misuse of publicly funded child care (PFCC) benefits or the automated child care system?

Program misuse includes, but is not limited to:

(1) Utilizing the personal identification information of a caretaker or designee/sponsor to log a child's attendance in the automated child care system.

(2) Falsifying attendance records.

(3) Knowingly seeking and/or accepting payment for child care services that were not provided.

(4) Knowingly seeking and/or accepting payment for child care services which the program was not eligible to receive, including providing care at an unlicensed location.

(5) Knowingly seeking and/or accepting payment for child care services provided to a child that resides in the program's own home.

(1) Correct the error in the child care information data system.

(2) Calculate the total overpayment amount that resulted from the county error.

(3) Send a program with a current provider agreement a notice of the determined overpayment using the DCY 01172 "County Agency Notice of Child Care Improper Payment and Repayment Requirements for Child Care Providers."

(4) Notify DCY of the program improper child care payment so that DCY may adjust all impacted payments in the child care automated system.

(5) Refer all program improper child care payments for programs without a current provider agreement to DCY.

(D) What are the repayment procedures for all improper payments, including misuse of the automated child care system?

(1) DCY may recoup one hundred per cent of the over payment via payment adjustments if the program has a current provider agreement and is currently receiving payments for PFCC services.

(2) An invoice will be issued to the program if either of the following are true:

(a) The program does not have a current provider agreement or is not currently receiving payments for PFCC services.

(b) Overpayments are unable to be recouped through the payment adjustment process, for those programs currently receiving payments for PFCC services.

(3) After forty-five calendar days, any remaining balance will be certified to the office of the attorney general for collection.

(E) Can a child care program request a review of an identified overpayment?

(1) A child care program may request in writing to DCY that a reconsideration review be conducted for any identified overpayment that is subject to recoupment.

(2) The written request must be received by DCY no later than fifteen calendar days after the date the program receives the overpayment notice.

(F) What is program fraud?

(1) Program fraud is the willful withholding or falsification of information by the program with an intent to deceive or defraud, resulting in the acceptance of or the receipt of payment for which the program was not entitled, as determined by a court of law or the program's admission.

(2) The CDJFS is to recommend to DCY the termination of the provider agreement if a program has admitted or pleaded guilty to committing fraud or has been convicted of fraud, as determined by a court of law.

Last updated August 3, 2026 at 8:41 AM

History

Effective: August 1, 2026
Promulgated Under: 119.03

Chapter 5180:6-2 Ohio Preschool Program

Ohio Adm.Code 5180:6-2-01 Family eligibility requirements for the early childhood education grant also known as the Ohio preschool program.

(A) This rule contains the definitions for Chapter 5180:6-2 of the Administrative Code:

(1) "Child care choice voucher program (CCVP)" means a program that provides assistance with child care costs for families over income for publicly funded child care.

(2) "Early intervention (EI)" is a statewide system that provides coordinated early intervention services to parents of eligible children birth through age two with developmental delays or disabilities.

(3) "Individualized education program (IEP)" as defined in section 3323.011 of the Revised Code.

(4) "Kinship" means the following:

(a) Individuals related by blood or adoption.

(i) Parents, grandparents, including grandparents with the prefix "great," "great-great," "grand," or "great-grand."

(ii) Siblings.

(iii) Aunts, uncles, nephews, and nieces, including such relative with the prefix "great," "great-great," or "great-grand."

(iv) First cousins and first cousins once removed.

(b) Stepparents and stepsiblings.

(c) Any non-relative adult the current custodial caretaker or child identifies as having a familiar and long-standing relationship/bond with the child and/or the family which will ensure the child's social ties.

(5) "Ohio preschool program (OPP)" means the early childhood education grant program as established pursuant to section 5104.53 of the Revised Code.

(6) "Ohio works first (OWF)" means the program established under section 5107.03 of the Revised Code.

(7) "Presumptive eligibility" means a determination that a child meets only the family income requirement for the OPP based on verified active participation in a qualifying public assistance program as listed:

(a) Supplemental nutrition assistance program (SNAP).

(b) Cash assistance/(OWF).

(B) What are the child eligibility requirements for the OPP?

To be eligible for the OPP, a child in need of care meets all of the following:

(1) Is a verified citizen or qualified alien of the United States as defined by appendix B to rule 5180:6-1-02 of the Administrative Code.

(2) Is a member of a family with income at or below two hundred per cent of the federal poverty level (FPL).

(3) Is a resident of the state of Ohio.

(4) Is not age-eligible to attend kindergarten in their school district of residence.

(a) If the child is age eligible for kindergarten, then the child is eligible only through June thirtieth of the current state fiscal year in which the child became age-eligible for kindergarten. The state fiscal year is defined as July first through June thirtieth.

(b) To be enrolled during the current state fiscal year, the child is at least three years of age no later than April first of the state fiscal year of attendance.

(1) The child meets all eligibility requirements of this chapter.

(2) The family income requirement is considered met based on verified active participation in a qualifying public assistance program.

(D) What are the copayment requirements for the OPP?

Programs may assign a copayment to families whose income exceeds one hundred per cent of the FPL. Assigned copayments are not to exceed seven percent of the family's income.

(1) Programs may choose to assign a zero-dollar copayment.

(2) Families are to pay the assigned copayment(s) directly to their OPP.

(3) The family is to sign a written agreement with the OPP that includes a mutually agreed upon due date for the copayment.

(E) What are the reasons why a family may become ineligible to participate in the OPP?

(1) The family is found to have committed fraud against the publicly funded child care program as defined in rule 5180:6-1-07 of the Administrative Code.

(2) Voluntarily withdrawals from the OPP.

(3) Moves out of state.

(4) The child has reached age eligibility for kindergarten as outlined in paragraph (B)(4)(a) of this rule.

(F) How is income calculated for the purposes of eligibility?

Income is calculated pursuant to rule 5180:6-1-03 of the Administrative Code.

(G) What is the process for enrolling a family in the OPP?

To enroll in the OPP the family is to:

(1) Complete a valid application in the Ohio benefits (OB) system self-service portal (SSP) or submit an application to the county department of job and family services (CDJFS). A valid application means submission of the JFS 07200 "Supplemental Nutrition Assistance Program (SNAP), Cash, Medical, and/or Early Care and Education (ECE) Assistance Application" with a name, address and signature.

(2) The application is to be considered complete when the applicant has submitted all of the following:

(a) The JFS 07200 with the completed information for all family members. A family is any of the following:

(i) One or more caretaker(s) and all minor children who reside with the caretaker(s) in the same household.

(ii) A caretaker, a minor parent and the child of the minor parent when all reside in the same household. The caretaker is not included in the family size if the following requirements are met:

(a) The minor parent is participating in the learning, earning and parenting (LEAP) program; or

(b) The minor parent received a high school diploma or a high school equivalency diploma.

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

(v) Married caretakers and all minor children who reside with the caretakers in the same household.

(b) Submit a valid birth certificate or age documentation to the CDJFS for the child in need of the OPP.

(c) Submit the required verification of citizenship or qualified alien status, as required by appendix B to rule 5180:6-1-02 of the Administrative Code.

(d) Provide the CDJFS with proof of income and family size.

(i) Proof of income as required by rule 5180:6-1-03 of the Administrative Code.

(ii) Family size is determined by the number of members as outlined in paragraph (G)(2)(a) of this rule.

(H) What are the categorical eligibility criteria for the OPP?

The family is exempt from income eligibility requirements and is not to be charged a copay if any of the following apply to the child in need of the OPP:

(1) The child has a current IEP.

(2) The child is placed in foster or kinship care.

(a) If the child is placed in foster care, the family is to submit a family case plan, document from the public children services agency (PCSA) indicating placement to the CDJFS at the time of application. The PCSA may submit this document on behalf of the family.

(b) If the child is placed in kinship care, the family is to submit a case plan, court order indicating placement, or proof of kinship permanency incentive (KPI) eligibility or incentive payments to the CDJFS at the time of application.

(3) The child is homeless as defined in rule 5180:6-1-01 of the Administrative Code.

(I) What are the reporting requirements for a family to remain eligible for the OPP?

To remain eligible for the OPP, the family is to:

(1) Comply with the policies of the OPP.

(2) Report changes that effect eligibility, including:

(a) Address changes, including relocation out of state.

(b) The child has reached age eligibility for kindergarten in their school district of residence as outlined in paragraph (B)(4)(a) of this rule.

(J) What are the exceptions for a child to receive multiple authorizations?

An OPP authorized child may receive a combination of PFCC or CCVP and OPP when both of the following conditions apply:

(1) Funds are not claimed for the child at the same program for both PFCC or CCVP and OPP.

(2) Hours of service do not overlap.

Last updated August 3, 2026 at 8:51 AM

History

Effective: August 1, 2026
Promulgated Under: 119.03

Ohio Adm.Code 5180:6-1-02