Current through all regulations passed and filed through December 11, 2023
(A)
The kinship child
care program provides child care services to eligible kinship families.
This temporary assistance for needy families (TANF)
non-assistance program is not part of the publicly funded child care
program.
(B)
The following definitions are applicable to this rule
and supersede any conflicting definitions contained in rule
5101:2-1-01
of the Administrative Code.
(1)
"Custodian" has the same meaning as in section
5107.02 of the Revised Code,
which is an individual who has legal custody of a minor child or comparable
status over a minor child created by a court of competent jurisdiction in
another state.
(2)
"Guardian" has the same meaning as in section
5107.02 of the Revised Code,
which is an individual that is granted authority by a probate court or a court
of competent jurisdiction in another state, to exercise parental rights over a
minor child to the extent provided in the court's order and subject to residual
parental rights of the minor child's parents.
(3)
"Kinship
caregiver" has the same meaning as in section
5101.85 of the Revised Code,
which is any of the following who is eighteen years of age or older and is
caring for a child in place of the child's parents:
(a)
The following
individuals related by blood or adoption to the child:
(i)
Grandparents,
including grandparents with the prefix "great", "great-great", or
"great-great-great";
(ii)
Siblings;
(iii)
Aunts, uncles,
nephews, and nieces, including such relatives with the prefix "great",
"great-great", "grand", or "great-grand";
(iv)
First cousins
and first cousins once removed.
(b)
Stepparents and
stepsiblings of the child;
(c)
Spouses and
former spouses of individuals named in paragraphs (B)(3)(a) and (B)(3)(b) of
this rule;
(d)
A legal guardian of the child; or
(e)
A legal custodian
of the child.
(4)
"Kinship child" means a child being cared for by any
kinship caregiver pursuant to paragraphs (B)(1) to (B)(3) of this
rule.
(5)
"Kinship family" means the kinship caregiver, spouse of
the kinship caregiver, and all of the minor children for whom the kinship
caregiver and spouse of the kinship caregiver are responsible, and who reside
in the same household.
(C)
When a public
children services agency (PCSA) is considering placement of a child with a
kinship caregiver as defined in paragraph (B)(3) of this rule, or when a
kinship caregiver has been approved for the kinship permanency incentive
program (KPIP) and the PCSA determines that the kinship caregiver has a need
for child care services, the PCSA shall:
(1)
Complete the JFS
01499 "Pre-Screening Tool for Kinship Child Care" (02/2018) for the kinship
family to determine whether the kinship family may qualify for publicly funded
child care or the kinship child care program; and
(2)
Send the
completed JFS 01499 to the Ohio department of job and family services (ODJFS).
The PCSA may choose to retain the completed forms and send them in batches to
ODJFS no later than the end of each calendar month.
(D)
When a PCSA has
approved a kinship home assessment and the JFS 01499 indicates the kinship
family may be eligible for publicly funded child care or the kinship child care
program, the PCSA shall do one of the following:
(1)
Assist the
kinship caregiver with the application process for publicly funded child care
pursuant to rule
5101:2-16-30
of the Administrative Code when the PCSA determines the kinship family may be
eligible for publicly funded child care; or
(2)
Inform the
kinship caregiver about the kinship child care program and provide the kinship
caregiver with the JFS 01500 "Kinship Child Care Application" (02/2018) when
the PCSA determines that the kinship family will not qualify for publicly
funded child care, but may qualify for the kinship child care
program.
(E)
A kinship family may be eligible for the kinship child
care program when all of the following requirements are met:
(1)
A PCSA is
currently or was previously involved with the family, including solely for
kinship permanency incentive program approval purposes, and supports the
kinship child(ren) residing in the home of the kinship
caregiver;
(2)
The PCSA has completed and approved a home assessment
in accordance with rule
5101:2-42-18
of the Administrative Code for the child(ren) for which the kinship caregiver
has a need for child care services;
(3)
The gross income
of the kinship family, including the kinship child(ren) does not exceed two
hundred per cent of the federal poverty guidelines. The income eligibility
guidelines will be published annually in a child care manual procedure
letter;
(4)
The child(ren) in need of kinship child care is less
than thirteen years of age, or less than eighteen years of age and meets the
definition of "special needs" pursuant to rule
5101:2-16-01
of the Administrative Code;
(5)
The kinship
caregiver is a resident of Ohio;
(6)
The kinship
child(ren) in need of child care resides with the kinship
caregiver;
(7)
The kinship caregiver and kinship child(ren) must be
United States citizens, non-citizen nationals, or qualified aliens as those
terms are defined in rule
5101:1-2-30
of the Administrative Code;
(8)
The kinship
caregiver and kinship child(ren) must have, or have applied for, social
security numbers;
(9)
The kinship caregiver must not owe any of the cost of
fraudulent TANF assistance paid to the kinship caregiver;
(10)
The kinship
caregiver must have been afforded the opportunity to register to vote;
and
(11)
The kinship family has a need for kinship child care
services for the kinship child(ren). A need for kinship child care services
results when the kinship caregiver(s):
(a)
Is participating
in paid employment on a full-time or part-time basis;
(b)
Is participating
in a training or education activity; or
(c)
Requires child
care services which provide temporary relief of child caring functions, are
reasonable and necessary, and are intended for the kinship family to receive a
break.
(F)
The kinship
family shall apply for the kinship child care program by submitting a completed
application to the PCSA who holds custody of the child, or to the PCSA in the
kinship caregiver's county of residence when the kinship caregiver has custody
or guardianship of the child. A completed application includes all of the
following:
(1)
The JFS 01500;
(2)
Verification of
citizenship or qualified alien status for the kinship child(ren) in need of
care;
(3)
Verification of income for all household members
pursuant to rule
5101:2-16-34
of the Administrative Code; and
(4)
Verification of a
need for kinship child care, which includes but is not limited to:
(a)
Pay stubs that
indicate hours of work;
(b)
A statement from an employer indicating hours of
work;
(c)
A class schedule;
(d)
A training
schedule; or
(e)
A client statement regarding the need for kinship child
care services which addresses why they are reasonable and
necessary.
(G)
The PCSA shall
determine how much child care the kinship family needs for the kinship
child(ren) on a weekly basis. The PCSA shall base the determination on the need
identified by the kinship family pursuant to paragraph (E)(11) of this rule and
shall assign the need according to the following categories:
(1)
Hourly, which is
less than 7.0 hours per week;
(2)
Part-time weekly,
which is 7.0 to less than 25.0 hours per week; or
(3)
Full-time weekly,
which is 25.0 to 60.0 hours per week.
(H)
The PCSA shall
assess a kinship family's eligibility for the kinship child care program as
soon as possible, but no later than five business days from the date the PCSA
receives the completed application. The PCSA shall retain a copy of the JFS
01500 and copies of all required supporting documentation in the agency's
files.
(I)
The PCSA shall provide all of the following to
ODJFS:
(1)
The
JFS 01500 and other documentation required in paragraph (F) of this
rule;
(2)
A recommendation to approve or deny eligibility for the
kinship child care program; and
(3)
A recommendation
of hours of authorization pursuant to paragraph (G) of this rule, if the PCSA
is recommending approval of eligibility.
(J)
ODJFS will notify
both the kinship caregiver and the PCSA of the final determination of initial
eligibility.
(K)
If the kinship family is determined eligible for
kinship child care benefits, the initial eligibility period may begin on the
date the PCSA received the completed application and shall last for four
months, unless the kinship child is no longer residing in the
home.
(L)
An eligible kinship caregiver may receive kinship child
care services from a child care provider who has entered into and is abiding by
a provider agreement pursuant to rule
5101:2-16-44
of the Administrative Code and is any of the following:
(1)
Licensed by the
state of Ohio in accordance with Chapter 5101:2-12 or 5101:2-13 of the
Administrative Code;
(2)
Approved as a day camp in accordance with Chapter
5101:2-18 of the Administrative Code;
(3)
Licensed by the
Ohio department of education;
(4)
An in-home aide
certified in accordance with Chapter 5101:2-14 of the Administrative Code;
or
(5)
An eligible border state provider.
(M)
If a
kinship caregiver chooses an individual as a child care provider who does not
meet the requirements listed in paragraph (L) of this rule, the PCSA shall
notify the individual that they may be eligible to apply for an expedited
process to become a licensed type B home provider to provide kinship child care
as determined by ODJFS.
(N)
If the kinship caregiver chooses to reapply for ongoing
benefits through the kinship child care program, the kinship caregiver shall
submit the JFS 01500, current income verification, and current verification of
the need for kinship child care benefits to the PCSA no later than thirty
calendar days prior to the end of the current eligibility
period.
(O)
When the kinship caregiver submits the JFS 01500 to
reapply for the kinship child care program, the PCSA shall complete the
activities in paragraphs (G) to (I) of this rule.
(P)
ODJFS will notify
both the kinship caregiver and the PCSA of the final redetermination of
eligibility.
(Q)
If the kinship family's reapplication for kinship child
care benefits is approved, the new period shall begin on the date following the
last day of the current eligibility period and shall continue for twelve
months.
(R)
The kinship caregiver shall notify the PCSA within ten
calendar days of any changes that may affect their eligibility for the kinship
child care program including:
(1)
A change in income;
(2)
A change in the
need for kinship child care including, but not limited to changes in
employment, education, or job training;
(3)
A change in
household members;
(4)
A change of address;
(5)
The child(ren) in
need of child care is no longer residing in the kinship
placement.
(S)
The PCSA shall notify ODJFS within three business days
of any changes reported by the kinship caregiver that may affect their
eligibility for the kinship child care program, pursuant to paragraph (R) of
this rule.
(T)
In the event state funding is no longer available, the
kinship child care program will close. Once state funds have been exhausted,
neither ODJFS nor the PCSA may be held responsible for payment of child care
services.
Effective:
7/1/2019
Five Year Review (FYR) Dates:
4/4/2019
Promulgated Under:
119.03
Statutory
Authority: Section 307.25 of Am. Sub. H.B. 49,
132nd GA, 5153.16,
5101.801
Rule
Amplifies: Section 307.25 of Am. Sub. H.B. 49,
132nd GA, 5101.80,
5101.801,
5101.802
Prior
Effective Dates: 05/01/2018
