Ohio § 5104.34

§ 5104.34.

(A)(1) Each county department of job and family services shall implement procedures for

making determinations of eligibility for publicly funded child care.  Under those procedures, the eligibility determination for each applicant shall be

made no later than thirty calendar days from the date the county department receives

a completed application for publicly funded child care.  Each applicant shall be notified promptly of the results of the eligibility determination.  An applicant aggrieved by a decision or delay in making an eligibility determination

may appeal the decision or delay to the department of children and youth in accordance

with section 5101.35 of the Revised Code .  The due process rights of applicants shall be protected. To the extent permitted by federal law, the county department may make all determinations

of eligibility for publicly funded child care, may contract with child care providers

or child care resource and referral service organizations for the providers or resource

and referral service organizations to make all or any part of the determinations,

and may contract with child care providers or child care resource and referral service

organizations for the providers or resource and referral service organizations to

collect specified information for use by the county department in making determinations.  If a county department contracts with a child care provider or a child care resource

and referral service organization for eligibility determinations or for the collection

of information, the contract shall require the provider or resource and referral service

organization to make each eligibility determination no later than thirty calendar

days from the date the provider or resource and referral organization receives a completed

application that is the basis of the determination and to collect and transmit all

necessary information to the county department within a period of time that enables

the county department to make each eligibility determination no later than thirty

days after the filing of the application that is the basis of the determination. The county department may station employees of the department in various locations

throughout the county to collect information relevant to applications for publicly

funded child care and to make eligibility determinations.  The county department, child care provider, and child care resource and referral

service organization shall make each determination of eligibility for publicly funded

child care no later than thirty days after the filing of the application that is the

basis of the determination, shall make each determination in accordance with any relevant

rules adopted pursuant to section 5104.38 of the Revised Code , and shall notify promptly each applicant for publicly funded child care of the results

of the determination of the applicant's eligibility. The director of children and youth shall adopt rules in accordance with Chapter 119.

of the Revised Code for monitoring the eligibility determination process.  In accordance with those rules, the state department shall monitor eligibility determinations

made by county departments of job and family services and shall direct any entity

that is not in compliance with this division or any rule adopted under this division

to implement corrective action specified by the department. (2)(a) All eligibility determinations for publicly funded child care shall be made in accordance

with rules adopted pursuant to division (A) of section 5104.38 of the Revised Code .  Except as otherwise provided in this section, all of the following apply: (i) Publicly funded child care may be provided only to eligible infants, toddlers, preschool-age

children, school-age children under age thirteen, or children receiving special needs

child care. (ii) For an applicant to be eligible for publicly funded child care, the caretaker parent

must be employed or participating in a program of education or training for an amount

of time reasonably related to the time that the parent's children are receiving publicly

funded child care.  This restriction does not apply to families whose children are eligible for protective

child care. (iii) The eligibility period for publicly funded child care shall be at least twelve months. (b) If a caretaker parent who has been determined eligible to receive publicly funded

child care no longer meets the requirements of division (A)(2)(a)(ii) of this section,

the caretaker parent may continue to receive publicly funded child care for a period

of at least three but not more than four months not to extend beyond the caretaker

parent's eligibility period. (c) If a child turns thirteen, or if a child receiving special needs child care turns

eighteen, during the eligibility period, the caretaker parent may continue to receive

publicly funded child care until the end of that eligibility period. Subject to available funds, the department of children and youth shall allow a family

to receive publicly funded child care unless the family's income exceeds the maximum

income eligibility limit.  Initial and continued eligibility for publicly funded child care is subject to available

funds unless the family is receiving child care pursuant to division (A)(1), (2),

(3), or (4) of section 5104.30 of the Revised Code.  If the department must limit eligibility due to lack of available funds, it shall

give first priority for publicly funded child care to an assistance group whose income

is not more than the maximum income eligibility limit that received transitional child

care in the previous month but is no longer eligible because the eligibility period

has expired.  Such an assistance group shall continue to receive priority for publicly funded

child care until its income exceeds the maximum income eligibility limit. (3) An assistance group that ceases to participate in the Ohio works first program established

under Chapter 5107. of the Revised Code is eligible for transitional child care at

any time during the immediately following twelve-month period that both of the following

apply: (a) The assistance group requires child care due to employment; (b) The assistance group's income is not more than one hundred fifty per cent of the

federal poverty line. An assistance group ineligible to participate in the Ohio works first program pursuant

to section 5101.83 or section 5107.16 of the Revised Code is not eligible for transitional child care. (B) To the extent permitted by federal law, the department of children and youth may

require a caretaker parent determined to be eligible for publicly funded child care

to pay a fee according to the schedule of fees established in rules adopted under section 5104.38 of the Revised Code .  The department shall make protective child care services and homeless child care

services available to children without regard to the income or assets of the caretaker

parent of the child. (C) A caretaker parent receiving publicly funded child care shall report to the entity

that determined eligibility any changes in status with respect to employment or participation

in a program of education or training not later than ten calendar days after the change

occurs. (D) If the department of children and youth determines that available resources are not

sufficient to provide publicly funded child care to all eligible families who request

it, the department may establish a waiting list.  The department may establish separate waiting lists within the waiting list based

on income. (E) A caretaker parent shall not receive publicly funded child care from more than one

child care provider per child during a week, unless a county department grants the

family an exemption for one of the following reasons: (1) The child needs additional care during non-traditional hours; (2) The child needs to change providers in the middle of the week and the hours of care

provided by the providers do not overlap; (3) The child's provider is closed on scheduled school days off or on calamity days. (F) As used in this section, “ maximum income eligibility limit ” means the amount of income specified in rules adopted under division (A) of section 5104.38 of the Revised Code .