Current through all regulations passed and filed through September 16, 2024
(A) Which section of the Revised Code applies
to community service?
(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 IV-D, federal regulations, state law, and the
state plan.
(2) The county
department of job and family services will administer the work activity
programs in accordance with requirements contained in this rule and not in
accordance with sections
5107.40,
5107.541 and
5107.60 of the Revised
Code.
(B) What is
community service?
Community service means structured programs and embedded activities
that
Ohio works first (OWF) work eligible individuals perform work for the direct
benefit of the community under the direction of public or nonprofit
organizations, and are also designed to improve the employability of
individuals not otherwise able to obtain unsubsidized full-time
employment.
(C) What
activities meet the definition of community service?
(1) Community service programs shall be
limited to projects that serve a useful community purpose in fields such as:
(a) Health;
(b) Social service;
(c) Environmental protection;
(d) Education;
(e) Urban or rural development;
(f) Welfare;
(g) Recreation;
(h) Public facilities;
(i) Public safety; and
(j) Child care.
(2) The following activities do not meet the
definition of community service:
(a) Substance
abuse treatment programs;
(b)
Mental health and family violence counseling;
(c) Life skills classes;
(d) Parenting classes;
(e) Job readiness instruction; and
(f) Caring for a disabled household
member.
(3) A county
agency shall take into account to the extent possible, the prior training,
experience and skills of an assistance group member in making an appropriate
community service assignment.
(D) What educational activities meet the
definition of community service?
(1) A county
agency may contract with the chief administrator of a nonpublic school or with
any school district board of education that has adopted a resolution under
section 3319.089 of the Revised
Code.
(2) A work eligible
individual who has a minor child enrolled in a nonpublic school or a public
school in the district may be assigned under the community service program to
volunteer or work for compensation at the school that the child is
enrolled.
(3) Unless it is not
possible or practical, a contract is to provide for a work eligible individual
to volunteer or work at school as a classroom aide. If that is impossible or
impractical, the contract may provide for the work eligible individual to
volunteer to work in another position at the school.
(4) A contract may provide for the nonpublic
school or board of education to receive funding to pay for the coordination,
training, and supervision of work eligible individuals who are volunteering or
working in schools.
(5)
Notwithstanding section
3319.088 of the Revised Code, a
work eligible individual volunteering or working as a classroom aide under this
rule is not required to obtain an educational aide permit or paraprofessional
license. The work eligible individual is not to be considered an employee of a
political subdivision for purposes of Chapter 2744. of the Revised Code and is
not entitled to any immunity or defense available under that chapter, the
common law of this state, or section
9.86 of the Revised
Code.
(E) Are community
service activities subject to the Fair Labor Standards Act (05/2007) (FLSA)?
Hours assigned to community service shall be in compliance with the
FLSA requirements set forth in paragraph (J) of rule
5101:1-3-12 of the
Administrative Code.
(F) Who
is responsible for workers compensation premiums?
A work eligible individual is
to be placed in and
participating in
a community service activity in order
for a private or government entity to pay premiums to the bureau of
workers' compensation on account of the work eligible
individual unless a county agency pays the premiums for
the
entity.
