(A) What are the
copayment requirements for families receiving publicly funded child care
benefits?
(1) Families shall be assigned a
weekly copayment amount based on income level.
(2) Families shall pay the assigned
copayment(s) directly to their child care provider(s).
(3) Weekly copayment amounts shall 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) shall have a weekly copayment of zero
dollars.
(b) Each family with a
monthly income of more than one hundred per cent of the FPL shall have a weekly
copayment based on family size and gross monthly income.
(c) The family copayment schedule will be
published annually in a child care manual procedure letter.
(B) How is the
copayment calculated?
To calculate the family's copayment, the county agency
shall:
(1) Determine the family's
monthly income pursuant to rule
5101:2-16-03 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 child care manual procedure letter pursuant to rule
5101:2-16-02 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 chart in
appendix A to 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.
(C) If a family has more than one
weekly authorization for child care, how is the copayment distributed?
(1) The copayment amount shall be equally
distributed among all authorizations each week.
(2) The distributed copayments shall be
rounded down to the nearest whole dollar.
(3) The caretaker shall 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 shall 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 county agency 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 job and family
services (ODJFS) requires a change in the copayment.
(4) The caretaker is no longer receiving
protective child care or homeless child care as described in rule
5101:2-16-02 of the
Administrative Code.
(E)
When can a family copayment increase?
Copayments may increase at the time of
redetermination/ recertification or
reinstatement approval. 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 shall the county agency waive the copayment requirement?
The county agency shall waive the copayment requirement for
families eligible for protective or homeless child care benefits pursuant to
rule 5101:2-16-02 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 shall 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 shall not be 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 provider(s)
in which a mutually agreed upon due date for each copayment is specified,
pursuant to rule
5101:2-16-09 of the
Administrative Code.
(K)
What happens if the caretaker does not pay the copayment according to the
signed agreement with the child care provider?
A caretaker shall 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 shall be
satisfactory to both the caretaker and the provider.
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Notes
Ohio Admin. Code
5101:2-16-05
Effective:
12/11/2022
Five Year Review (FYR) Dates:
10/20/2024
Promulgated
Under: 119.03
Statutory
Authority: 5104.38,
5104.34
Rule
Amplifies: 5104.01,
5104.38,
5104.34,
5104.30
Prior
Effective Dates: 04/01/1990 (Emer.), 06/22/1990, 05/01/1991 (Emer.),
07/01/1991, 11/01/1991 (Emer.), 01/20/1992, 07/06/1992 (Emer.), 10/01/1992,
06/01/1993 (Emer.), 07/02/1993 (Emer.), 08/20/1993, 10/02/1995 (Emer.),
12/26/1995, 10/01/1997 (Emer.), 12/30/1997, 01/01/1999, 02/14/2002, 06/09/2003,
02/01/2005 (Emer.), 04/01/2005, 07/01/2005 (Emer.), 10/01/2005, 07/01/2006,
02/01/2007, 07/01/2007, 07/01/2008, 07/23/2009 (Emer.), 10/21/2009, 05/28/2010,
07/01/2011 (Emer.), 09/29/2011, 06/23/2013, 03/02/2014, 09/14/2014, 09/28/2015,
12/31/2016, 10/01/2017, 12/16/2018, 10/20/2019,
02/27/2022