Ohio Administrative Code
Title 5101:1 - Division of Public Assistance
Chapter 5101:1-3 - Ohio Works First
Section 5101:1-3-11 - Ohio works first (OWF): appraisals, assessments, and self sufficiency contract
Universal Citation: OH Admin Code 5101:1-3-11
Current through all regulations passed and filed through September 16, 2024
(A) Which rules and definitions apply for appraisals, assessments and self sufficency contracts?
(1) The county agency shall administer the work
activity programs in accordance with the requirements contained in this rule
and not in accordance with sections
5107.01,
5107.14,
5107.41,
5107.70 and
5107.16 of the Revised Code.
(2) All applicable requirements contained in the
Revised Code sections referenced in paragraph (A)(1) of this
rule have been incorporated into this rule.
(3) In accordance with
paragraph (GG) of rule
5101:1-1-01
of the Administrative Code:
(a) The terms
"appraisal" and "assessment" shall be read to include a comprehensive
assessment conducted in accordance with division 5101:14 of the Administrative
Code for work eligible individuals between the ages of fourteen and twenty-four
years of age; and
(b) The terms
"self sufficiency contract" and "self sufficiency contract and plan" shall be
read to include an individual opportunity plan developed in accordance with
division 5101:14 of the Administrative Code for work eligible individuals
between the ages of fourteen and twenty-four years of age.
(B) When should an appraisal be conducted?
(1) An appraisal shall be
conducted as soon as possible after an assistance group submits an application
to participate in Ohio works first (OWF). The county agency that
receives the application shall schedule and conduct an appraisal of each work
eligible individual and each member of the assistance group who is an adult or
minor head of household as defined in rule
5101:1-3-01
of the Administrative Code. A minor head of household who is subject to the
learning, earning, and parenting (LEAP) program shall be assessed pursuant to
rule
5101:1-23-50
of the Administrative Code.
(2) The
county agency shall conduct more appraisals at times the county agency determines.
(C) What is included in an appraisal?
(1) An appraisal may include
evaluation of the employment, educational, physiological, and psychological
abilities or liabilities, or both, of the work eligible individual, adult or
minor head of household.
(2) An
appraisal shall include screening for domestic violence, as set forth in rule
5101:1-3-20
of the Administrative Code.
(3) At
the appraisal, the county agency shall develop with the adult, minor head of
household or work eligible individual a plan for the assistance group to
achieve the goal of self sufficiency and personal responsibility through
unsubsidized employment within the time limit for participating in
OWF established by section
5107.18 of the Revised Code.
(a) The plan developed for the work eligible
individuals shall include assignments to one or more work activities or
alternative activities. The county agency shall include the plan in the self
sufficiency contract as set forth in paragraph (F) of this rule.
(b)
When the adult, minor head of household or work
eligible individual claims to have a medically determinable physiological or
psychological impairment, illness, or disability, the county agency may require
the adult, minor head of household or work eligible individual undergo an
independent medical or psychological examination at a time and place reasonably
convenient to the work eligible individual.
(4) As part of the appraisal,
when a
work eligible individual discloses, has, or appears to have a physical or
mental condition that substantially limits one or more major life activities,
the county agency shall offer additional screening to the individual consistent
with the requirements of rule
5101:9-2-02
of the Administrative Code and the Americans with Disabilities Act (ADA) (1990)
plan adopted by the county agency in accordance with rule
5101:9-2-02
of the Administrative Code.
When additional screening indicates the presence
of a disability, the plan for self-sufficiency made in accordance with this
paragraph, shall be consistent with the county agency's ADA plan.
(D) When should an assessment be completed?
An assessment may be completed by the county agency, at times it determines, for assistance groups participating in OWF.
(E) What should an assessment include?
(1) An assessment is conducted to determine
whether any work eligible individuals or members of the assistance group are in
need of other assistance or services provided by the county agency or other
private or government entities. Assessments may include the following:
(a) Whether any member of the assistance
group or work eligible individual has a substance abuse problem; or
(b) Whether there are any other circumstances
that may limit the employability of an assistance
group
member or work eligible individual.
(2) At the first assessment, the county agency shall inquire as to whether any
member of an assistance group is the victim of domestic violence, including
child abuse. The county agency shall provide this information to the Ohio
department of job and family services (ODJFS) who will maintain the information
for statistical analysis purposes.
(3) The county agency may refer an assistance
group member to a private or government entity that provides assistance or
services the county agency determines the member needs. The entity may be a
public children services agency (PCSA), chapter of alcoholics anonymous,
narcotics anonymous, cocaine anonymous,
or any other entity the county agency considers appropriate.
(F) What is the self sufficiency contract?
(1) The self sufficiency
contract sets forth the rights and responsibilities of work eligible
individuals and members of the assistance group as applicants and participants
of OWF. The
contract is designed to
help the assistance group in achieving self
sufficiency and personal responsibility.
(2) The contract includes work activity
assignments and child support requirements including cooperation in the
establishment of a minor child's paternity and the establishment, modification
and enforcement of a support order for the minor child in accordance with
section 5107.22 of the Revised
Code.
(3) The self sufficiency
contract is part of the OWF eligibility process and must be completed before
OWF benefits can be authorized.
(4)
The county agency shall provide without charge a copy of the contract to each
work eligible individual or assistance group member who signs a
contract.
(G) What shall be included in the self sufficiency contract?
(1) Each self sufficiency contract shall
include, based on appraisals and assessments conducted pursuant to paragraphs
(C) and (E) of this rule, the following:
(a)
The assistance group's plan to achieve the goal of self sufficiency and
personal responsibility through unsubsidized employment within the time limit
for participating in OWF established by section
5107.18 of the Revised
Code.
(b) For each work eligible
individual, work activities and alternative activities assigned pursuant to
rule
5101:1-3-12
of the Administrative Code.
(c) The
responsibility of a caretaker member of the assistance group to cooperate in
establishing a minor child's paternity and establishing, modifying and
enforcing a support order for the child in accordance with section
5107.22 of the Revised
Code.
(d) Other responsibilities
that members of the assistance group must satisfy to participate in OWF and the
consequences for failure or refusal to satisfy the responsibilities.
(e) An agreement that the assistance group
will comply with conditions of participating in OWF in accordance with division
5101:1 of the Administrative Code, Chapter 5107. of the Revised Code and
sections 5160.37,
5160.38 and
5101.83 of the Revised
Code.
(f) Assistance and services
the county agency will provide to the assistance group and work eligible
individuals.
(g) Assistance and
services the child support enforcement agency and PCSA will provide to the assistance group pursuant to
a plan of cooperation entered into under section
307.983 of the Revised
Code.
(h) Other provisions designed
to
help the assistance group achieve
self sufficiency and personal responsibility.
(i) Procedures for assessing whether
responsibilities are being satisfied and whether the contract should be
amended.
(j) Procedures for
amending the contract.
(k) The good
cause reasons for missing hours of participation or appointments as defined in
rule
5101:1-3-13
of the Administrative Code.
(l) An
explanation of the individual's rights under the ADA, including the right to
request another appraisal when the individual discloses, has, or appears to
have a physical or mental condition that substantially limits one or more major
life activities.
(m) A description
of each reasonable modification made for an individual with a
disability.
(2) No self
sufficiency contract shall include the learning, earning and parenting program
(LEAP) requirements.
(3) The county
agency may use the JFS 03801 "Ohio Works First Self Sufficiency Contract"
or develop its own self
sufficiency contract and plan provided all of the elements identified in
paragraph (G) of this rule are included.
(H) Who shall sign the self sufficiency contract?
(1) In accordance with paragraph
(B)(2)(a) of rule
5101:1-2-01
of the Administrative Code, each work eligible individual, minor head of
household and adult member of the assistance group, shall enter into a written
self sufficiency contract with the county agency prior to approval of OWF
benefits.
(2) Each work eligible
individual, minor head of household, and adult member of the assistance group
must sign an amendment any time the self sufficiency contract is
revised.
(3) A minor head of
household who participates in LEAP pursuant to rule
5101:1-23-50
of the Administrative Code is required to complete a self sufficiency contract
but is not subject to the work participation requirements unless the minor head
of household fails to attend an assessment, fails to enroll in school or
withdraws from school.
(I) What are the consequences when a self sufficiency contract is not signed or a provision of the contract is not met?
(1) Work eligible individuals, minor
heads of household, and adult members of the assistance group who fail or
refuse, without good cause, to sign the self
sufficiency contract shall have OWF benefits denied or terminated.
(2)
When a work eligible individual, minor head of
household, or an adult member of an assistance group fails or refuses, without
good cause, to comply in full with a provision of a self sufficiency contract
the county agency shall sanction the assistance group pursuant to rule
5101:1-3-15
of the Administrative Code.
(J) What is the comprehensive case management and employment program (CCMEP)?
In accordance with section 5116.10 of the Revised Code and paragraph (B)(2) of rule 5101:1-2-01 of the Administrative Code, each work eligible individual between the ages of fourteen and twenty-four shall participate in CCMEP as a condition of participating in OWF. Therefore, prior to the authorization of OWF benefits, the individual will be referred to a lead agency to undergo a comprehensive assessment and develop and sign an individual opportunity plan (IOP). The comprehensive assessment and IOP conducted and developed by the lead agency replaces the appraisal and self sufficiency contract required pursuant to this rule.
(1) As part of the referral process, the
county agency shall provide the lead agency with at least the following
information:
(a) The number of required hours
expected to be assigned in accordance with rule
5101:1-3-12
of the Administrative Code; and
(b)
The number of months a work eligible individual has participated in OWF that
were subject to the time-limit described in rule
5101:1-23-01
of the Administrative Code.
(2) A signed IOP meets all of the
requirements of a signed self sufficiency
contract and plan developed in accordance with this rule.
(a) A failure or refusal to comply with a
provision of an individual opportunity plan without good cause shall result in
a sanction of the assistance group member pursuant to rule
5101:1-3-15
of the Administrative Code.
(b) The
lead agency shall be solely responsible for determining if the individual had
good cause for a failure or refusal and
requesting the imposition of a sanction in accordance with rule
5101:1-3-15
of the Administrative Code.
(c)
When a sanction
is imposed at the request of a lead agency, the lead
agency shall be solely responsible for determining a compliance activity
consistent with the provisions of paragraph (H) of rule
5101:1-3-15
of the Administrative Code.
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