(A) What is temporary absence?
The absence of a member of the Ohio works first (OWF)
assistance group is temporary when all of the conditions
set forth
described in paragraphs (A)(1) to (A) (3) of this rule
are met. A temporarily absent individual is considered to be in the home for
purposes of OWF eligibility.
(1) The
location of the absent individual is known;
(2) There is a definite plan for the return
of the absent individual to the home; and
(3) The absent individual shared the home
with the assistance group prior to the onset of the absence. A newborn is
considered to be sharing the home with the assistance group at the time of
birth.
(B) How long can
an OWF recipient be temporarily absent?
An OWF recipient may be considered temporarily absent for up to
forty-five consecutive days. An OWF recipient who is, or is expected to be
absent from the home without good cause for longer than forty-five consecutive
days does not meet the temporary absence requirement for OWF.
(C) What are the good cause reasons for
temporary absence?
Good cause is limited to the following reasons for absences of
more than forty-five consecutive calendar days:
(1) Hospitalization (includes inpatient drug
and alcohol treatment);
(2)
Detention in a juvenile home until a court commitment;
(3) Attendance at school;
(4) Vacationing;
(5) Trip made in connection with current or
prospective employment;
(6) Shared
parenting situations;
(7) Service
in the military when it is the sole reason for absence;
(8) Removal of a child(ren) by the public
children services agency (PCSA) that meets the reunification requirements
as set forth in
in
accordance with section
5107.10 of the Revised Code. OWF
payments for the child may continue for up to six payment months after the
removal date. In order for this exception to apply, the child shall be in
receipt of OWF cash assistance on the date of the removal by the
PCSA.
(D)
What happens when good cause is not met
When does temporary absence end?
(1)
When good
cause, as set forth in paragraphs (C)(1) to (C)(7) of this rule, is not met and
the absence lasts or is expected to last longer than forty-five consecutive
days, the county agency shall remove the absent member from the assistance
group. Ineligibility for the absent member begins on the forty-sixth day from
the date that the member left the household.
The day it becomes known that the absent individual will not
be returning to the home as originally planned, but no later than forty-five
days from the date the individual left and no good cause exists;
or
(2)
The forty-five consecutive calendar day requirement
is not applicable for children who are temporarily absent due to a removal by
the PCSA as set forth in paragraph (C)(8) of this rule
The
day when good cause, as described in paragraphs (C)(1) to (C)(7) of this rule,
no longer exists.
(E)
When does the
end of the temporary absence of an OWF recipient have to be reported?
The OWF recipient's absence is to be
reported within ten calendar days of the date the temporary absence ends in
accordance with paragraph (D) of this rule.
(E)
(F)
What happens when the
end of the temporary
absence of
a minor child
an OWF recipient is not reported as required?
The child's absence shall be
reported by the end of the five-day period that begins with the date that it
becomes clear to the parent or specified relative that the minor child will be
absent for more than forty-five consecutive days and good cause does not exist.
A parent or specified relative
An assistance
group member who fails to notify the county agency of the
end of the temporary absence of
the minor child
an
OWF recipient from the home within the time period set forth in this paragraph
frame described in paragraph (E) of this rule is
ineligible for inclusion in the OWF assistance group. The remaining assistance
group members may continue to receive OWF. This regulation is applicable to
paragraphs (C)(1) to (C)(7) of this rule.
(F)
(G)
How long is an individual ineligible for failure to
report the child's absence
When does an
erroneous payment begin for failure to report the end of the temporary absence
for an OWF recipient?
The parent or specified
relative
assistance group member is
ineligible beginning with the same day that the absent child
absent OWF
recipient becomes ineligible. The parent or
specified relative remains ineligible until the day that the absence was
reported by the parent or specified relative or was discovered by the county
agency. When the assistance group is otherwise eligible, the parent or
specified relative may be eligible for OWF the following day. The
erroneous payment provisions set forth in rule
5101:1-23-70
of the Administrative Code are applicable. This
regulation is applicable to paragraphs (C)(1) to (C)(7) of this
rule.
Notes
Ohio Admin. Code
5101:1-3-04
Effective:
11/1/2020
Five Year Review (FYR) Dates:
7/30/2020 and
11/01/2025
Promulgated
Under: 119.03
Statutory
Authority: 5107.05
Rule
Amplifies: 5107.02,
5107.05,
5107.10
Prior
Effective Dates: 03/01/1967, 05/01/1982, 06/01/1983, 04/01/1992, 05/01/1995,
10/01/1996 (Emer.), 12/15/1996, 10/01/1997 (Emer.), 12/30/1997, 10/01/1999,
12/01/2002, 10/01/2005, 06/01/2010,
08/01/2015
