Current through all regulations passed and filed through September 16, 2024
(A) What is a caretaker improper child care
payment?
A caretaker improper payment for publicly funded child care
(PFCC) means that a PFCC payment was made to a caretaker's provider for
services provided to the caretaker's child that were ineligible to be paid by
the PFCC program. The caretaker shall repay the county agency for the following
improper payments:
(1) An error on the
part of the caretaker or the caretaker's authorized
representative, pursuant to rule
5101:2-16-01 of the
Administrative Code.
(2)
Payments made to a provider for care provided during a state hearing appeal
period when the decision to terminate benefits is upheld at the state
hearing.
(3) An error by the county
agency or Ohio department of job and family services.
(B) What is considered caretaker misuse of
PFCC benefits or the automated child care system?
Misuse is when the caretaker:
(1) Intentionally withholds or falsifies
information, including information withheld or
falsified by the caretaker's authorized representative, as defined in rule
5101:2-16-01 of the
Administrative Code.
(2)
Allows the provider to use or possess the caretaker's personal identification
information to gain access to the automated child care system.
(3) Falsifies attendance records.
(C) What are the repayment
procedures for a caretaker improper child care payment or an overpayment
related to misuse of the automated child care system?
(1) The county agency shall:
(a) Calculate the overpayment resulting from
an improper payment.
(b) Notify the
caretaker of the determined overpayment amount to be repaid using the JFS 01151
"County Notice of Child Care Benefit Repayment Requirements for Caretakers."
.
(c) Report payments received from caretakers
in the county finance information system (CFIS).
(2) The caretaker shall:
(a) Sign the JFS 01151 acknowledging the
overpayment and agreeing to a repayment plan.
(b) Make payments in accordance with the
signed payment agreement.
(D) What if the caretaker fails to comply
with a repayment agreement?
(1) The county
agency shall terminate child care benefits if the caretaker fails to enter into
or comply with an agreement to repay a child care overpayment, and shall issue
the appropriate hearing notice pursuant to division 5101:6 of the
Administrative Code.
(2)
Ineligibility for child care benefits shall continue until the caretaker
complies with an agreement to repay the determined amount.
(E) What is considered child care caretaker
fraud?
(1) Child care caretaker fraud is the
willful withholding or falsification of information, or the misuse of child
care services by the caretaker, or the caretaker's
authorized representative, pursuant to rule
5101:2-16-01 of the
Administrative Code, with an intent to deceive or defraud, resulting in
the acceptance of services to which the caretaker was not entitled, as
determined by a court of law or the caretaker's admission.
(2) The county agency, in cooperation with
the county prosecutor, shall develop and implement procedures for the
investigation and/or prosecution of alleged child care caretaker fraud and the
recovery of child care over payments from caretakers. The county agency shall
update these procedures as necessary.
(F) What happens if a caretaker has admitted
to caretaker fraud or has been convicted of fraud by a court of law?
(1) The county agency shall terminate child
care benefits.
(2) The caretaker
shall not be eligible for PFCC benefits until full repayment has been
made.
(3) The county agency shall
follow all appropriate provisions of the state hearing notice as required in
division 5101:6 of the Administrative Code.
