Section 5101:2-16-06 - Authorizations for publicly funded child care services(A) What is a child care authorization? (1) The child care authorization indicates how many weekly hours have been approved for the child to receive care.(2) The child care authorization identifies the provider that the family has chosen to provide care. The chosen provider shall have a provider agreement with the Ohio department of job and family services (ODJFS) to provide publicly funded child care services.(3) The child care authorization allows ODJFS to make weekly payments to the authorized provider for child care services for the child.(B) What is a category of authorization? (1) The category of authorization is based on the number of hours per week that a child is approved to receive publicly funded child care services. The approved hours of care shall be categorized as follows:(a) An hourly authorization is for hours of care totaling fewer than seven hours per week.(b) A part-time authorization is for hours of care totaling seven hours to fewer than twenty-five hours per week.(c) A full-time authorization is for hours of care totaling twenty-five hours to sixty-hours per week.(d) A full-time plus authorization is for hours of care totaling more than sixtyhours per week.(e) A week is defined as the seven-day period from twelve a.m. Sunday to fifty-nine minutes after eleven p.m. Saturday.(2) Authorizations for care shall not exceed the maximum category of care that a caretaker is eligible to receive.(3) The category of authorization, determined at the time the county agency determines eligibility, shall be maintained for the entire eligibility period unless verification is submitted requiring an increase to the category of authorization.(4) Authorizations for approved initial applications shall begin on the date the county received the valid application pursuant to rule 5101:2-16-02 of the Administrative Code.(C) How does the county determine the category of authorization? (1) The approved hours of care shall be reasonably related to the hours that the caretaker participates in qualifying activities, pursuant to rule 5101:2-16-02 of the Administrative Code.(2) If there is more than one caretaker in the household, the hours of care shall be reasonably related to the hours in which neither caretaker is available to care for the child because of participation in qualifying activities.(D) Can child care be approved for hours in addition to the hours the caretaker is participating in an approved activity?(1) Travel time, not to exceed four hours round trip, shall be allowed.(2) Sleep time shall be allowed on a case by case basis, not to exceed eight hours, for a caretaker who participates in an activity where at least four hours occur between midnight and six a.m.(3) Child care may exceed twenty-four consecutive hours when the caretaker's hours of employment, training or education indicate such a need. Child care shall not exceed forty-eight consecutive hours.(E) How many weekly authorizations may a county grant for one child?(1) A child shall have one authorization for one provider in a week; unless an exemption is met as set forth in paragraph (E)(2) of this rule.(2) The county agency may grant an additional part-time or hourly authorization in a week if the family provides documentation showing it meets one of the following exemption criteria: (a) The child needs care during non-traditional hours as defined in rule 5101:2-16-10 of the Administrative Code.(b) The child needs to change providers in the middle of the week and the hours of care provided by the providers do not overlap.(c) The child's provider is closed on scheduled school days off or on calamity days and the child needs care for those days. (F) Can an authorization be created if the publicly funded child care application is denied? A full-time authorization may be created for child care services provided for the period of time between the date the county agency receives the valid application as defined in rule 5101:2-16-02 of the Administrative Code and the date of denial plus five days, if all of the following occur:
(1) A complete application, as defined in rule 5101:2-16-02 of the Administrative Code, was submitted.(2) The child in care is age eligible, as defined in rule 5101:2-16-02 of the Administrative Code.(3) The provider had a valid provider agreement pursuant to rule 5101:2-16-09 of the Administrative Code for all or part of the time the child received care. The authorization shall match the period of time the provider had a valid provider agreement.(4) The caretaker was not previously approved for paid publicly funded child care services after denial in the previous twelve months.(G) Are there any publicly funded child care providers that caretakers may not choose to provide care for their children? (1) A caretaker shall not receive publicly funded child care services from a provider who resides in the same household as the child and the caretaker.(2) If the caretaker is the owner or an owner's representative of a licensed child care center or type A home, the caretaker's children shall not be authorized to that center or type A home.(3) If the caretaker is the employee of a licensed type A home or licensed type B home, the caretaker's children shall not be authorized to that licensed type A or type B home.Ohio Admin. Code 5101:2-16-06
Effective: 2/27/2022
Five Year Review (FYR) Dates: 10/20/2024
Promulgated Under: 119.03
Statutory Authority: 5104.30, 5104.34, 5104.38
Rule Amplifies: 5104.01, 5104.30, 5104.32, 5104.34, 5104.38, 5104.382, 5104.42
Prior Effective Dates: 07/29/1991, 11/01/1991 (Emer.), 01/20/1992, 07/06/1992 (Emer.), 10/01/1992, 07/02/1993 (Emer.), 08/20/1993, 01/01/1994, 10/02/1995 (Emer.), 12/26/1995, 01/02/1996 (Emer.), 03/01/1996, 07/01/1997 (Emer.), 10/01/1997 (Emer.), 12/30/1997, 01/01/1999, 02/14/2002, 05/12/2002, 04/01/2003, 06/09/2003, 07/01/2005 (Emer.), 09/16/2005, 10/01/2005, 07/01/2006, 02/01/2007, 07/01/2007, 02/01/2008, 07/01/2008, 07/01/2009, 07/23/2009 (Emer.), 10/21/2009, 03/28/2010, 05/01/2011, 07/01/2011 (Emer.), 08/28/2011, 09/29/2011, 06/23/2013, 03/02/2014, 05/04/2014, 09/04/2014, 09/14/2014, 02/22/2015, 09/28/2015, 06/26/2016, 10/01/2017, 12/16/2018, 10/20/2019