(A)
Which section of the Revised Code applies to good cause
for work activity failures?
Conflict with the
Revised Code
(1) Section (5) of Amended
Substitute Senate Bill 238 of the 126th General Assembly (9/2006) sets forth
the following provision: Not later than September 30, 2006, the director of job
and family services shall adopt rules as necessary for the state to comply with
42 U.S.C. 607(i)(2) (8/1996). If necessary to bring the state into compliance
with 42 U.S.C. 607(i)(2) (8/1996), the rules may deviate from Chapter 5107. of
the Revised Code. Rules adopted under this section that govern financial and
other administrative requirements applicable to the department of job and
family services and county departments of job and family services shall be
adopted in accordance with section 111.15 of the Revised Code as if they were
internal management rules. All other rules adopted under this section shall be
adopted in accordance with Chapter 119. of the Revised Code.
(2)(1)
Section
5107.05 of the
Revised Code authorizes the director of job and family services to adopt rules
as necessary to comply with Title IV-A, Title IVD, federal regulations, state
law and the state plan
The county agency shall
administer the work activity programs in accordance with the requirements
contained in this rule and not in accordance with sections 5107.14 , 5107.161
and 5107.162 of the Revised Code. All applicable requirements contained in the
Revised Code sections referenced have been incorporated in this
rule.
(2)
The county agency is to administer the work activity
programs in accordance with the requirements contained in this rule and not in
accordance with sections
5107.14,
5107.161
and
5107.162
of the Revised Code. All applicable requirements contained in the Revised Code
sections referenced have been incorporated into this
rule.
(B) What is
good cause for work activity failures?
(1)
"Good cause" is defined as a valid reason a work eligible individual failed to
comply with a provision of their self sufficiency contract
requirements.
(2) For each failure,
refusal or absence, the county agency shall determine when good cause
exists.
(C) What are
allowable good cause reasons?
Good cause reasons are limited to the following:
(1) Illness of the work eligible individual
or of another family member related by blood, marriage or adoption, living in
the same household, when care by the work eligible individual was
necessary;
(2) For either the work
eligible individual or a family member living in the same household, a
previously scheduled appointment necessary for medical, dental, or vision
care.
(3) A previously scheduled
job interview for a work eligible individual, including any subsequent
interviews and/or testing requirements.
(4) Court ordered appearances.
(5) Appointment with another social service
agency or program.
(6) Death in the
family, with the length of absence to be determined by the county agency.
"Family" is defined as spouse, domestic partner (domestic partner is defined as
one who stands in place of a spouse and who resides with the work eligible
individual), child, grandchild, parents, grandparents, siblings, stepchild,
stepparent, step-siblings, great-grandparents, mother-inlaw, father-in-law,
sister-in-law, brother-in-law, son-in-law, daughter-in-law, or legal guardian
or other person who stands in the place of a parent.
(7) A school, place of work or worksite is
closed for the day.
(8) Lack of
child care.
How is lack of child care determined?
In determining when good cause exists for nonparticipation with
a work requirement for a work eligible individual, the county agency shall
determine when child care is a necessary supportive service when a single
custodial parent caring for a minor child under age six proves a demonstrated
inability for one or more of the following reasons:
(a) Unavailability of a licensed or certified
child care provider within a reasonable distance from the parent's home or work
site. "Reasonable distance" is defined by each county agency and is based on
availability of transportation.
(b)
Unavailability or unsuitability of informal child care by a relative or other
arrangements. "Unsuitability of informal child care" is a decision made by the
county agency and is based on information received from the public children
services agency (PCSA) that the PCSA determines is relevant to share with the
county agency in order to protect children pursuant to rule
5101:2-33-21
of the Administrative Code.
(c)
Unavailability of appropriate and affordable formal child care arrangements.
"Affordable child care arrangements" means that work eligible individuals are
guaranteed eligibility for child care subsidy with copayments based on family
size and income.
(9) A
failure of the county agency to provide supportive services.
(10) A failure of the county agency to
provide the work eligible individual with all information necessary about the
assignment.
(11) Circumstances
involving domestic violence that make it difficult for the individual to comply
in full with a provision of the self sufficiency contract, in accordance with
rule
5101:1-3-20
of the Administrative Code.
(12)
Other circumstances determined on a case by case basis by the county
agency.
(D) How should a
claim of good cause be documented?
(1)
Verification of good cause may be required of the work eligible individual at
the county agency's discretion.
(2)
The county agency may request verification by a third party for a good cause
claim.
(3) The county agency shall
allow the work eligible individual no more than ten days from the request of
verification to provide requested good cause verification.
(4) The work eligible individual has primary
responsibility for providing verification to support the claim of good cause
and resolve any questionable information.
(5) A work eligible individual may supply
good cause verification in person, through the mail, by fax, electronically,
through an authorized representative, or through the primary information
person. The county agency shall not require the work eligible individual to
present verification in person.
(E) What happens when good cause is not
found?
When the claim of good cause is not found to be valid, the
county agency shall either:
(1) Allow
the work eligible individual to make up the missed hours of participation
within the same month in accordance with rule
5101:1-3-12
of the Administrative Code; or
(2)
Impose a new or continue an existing sanction in accordance with rule
5101:1-3-15
of the Administrative Code.
Notes
Ohio Admin. Code
5101:1-3-13
Effective:
6/1/2022
Five Year Review (FYR) Dates:
2/25/2022 and
06/01/2027
Promulgated
Under:
119.03
Statutory Authority:
5107.05
Rule Amplifies:
5107.05,
5107.14,
5107.16
Prior Effective Dates: 03/01/1983, 06/07/1984 (Emer.), 09/01/1984,
08/01/1985, 03/01/1987, 12/01/1987 (Emer.), 02/15/1988, 01/01/1989, 06/30/1989
(Emer.), 09/23/1989, 04/02/1990, 04/01/1991, 07/01/1991, 05/01/1992,
09/01/1993, 12/01/1995 (Emer.), 02/19/1996, 07/01/1996 (Emer.), 10/01/1997,
12/20/1997, 10/01/1999, 01/01/2001, 10/01/2004, 07/01/2005, 09/29/2006 (Emer.),
12/29/2006, 07/01/2007, 10/01/2007 (Emer.), 12/29/2007, 10/01/2008, 05/07/2012,
05/01/2017
