Effective: September 30, 2021
Latest Legislation: House Bill 110 - 134th General Assembly
(A) The director of job and family services shall administer the supplemental nutrition assistance program in accordance with the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.). The department of job and family services may:
(1) Prepare and submit to the secretary of the United States department of agriculture a plan for the administration of the supplemental nutrition assistance program;
(2) Prescribe forms for applications, certificates, reports, records, and accounts of county departments of job and family services, and other matters;
(3) Require such reports and information from each county department of job and family services as may be necessary and advisable;
(4) Administer and expend any sums appropriated by the general assembly for the purposes of the supplemental nutrition assistance program and all sums paid to the state by the United States as authorized by the Food and Nutrition Act of 2008;
(5) Conduct such investigations as are necessary;
(6) Enter into interagency agreements and cooperate with investigations conducted by the department of public safety, including providing information for investigative purposes, exchanging property and records, passing through federal financial participation, modifying any agreements with the United States department of agriculture, providing for the supply, security, and accounting of supplemental nutrition assistance program benefits for investigative purposes, and meeting any other requirements necessary for the detection and deterrence of illegal activities in the supplemental nutrition assistance program;
(7) Adopt rules in accordance with Chapter 119. of the Revised Code governing employment and training requirements of recipients of supplemental nutrition assistance program benefits, including rules specifying which recipients are subject to the requirements and establishing sanctions for failure to satisfy the requirements. The rules shall be consistent with 7 U.S.C. 2015, including its work and employment and training requirements, and, to the extent practicable, shall provide for the recipients to participate in work activities, developmental activities, and alternative work activities described in sections 5107.40 to 5107.69 of the Revised Code that are comparable to programs authorized by 7 U.S.C. 2015(d)(4). The rules may reference rules adopted under section 5107.05 of the Revised Code governing work activities, developmental activities, and alternative work activities described in sections 5107.40 to 5107.69 of the Revised Code.
(8) Adopt rules in accordance with section 111.15 of the Revised Code that are consistent with the Food and Nutrition Act of 2008, the regulations adopted thereunder, and this section governing the following:
(a) Eligibility requirements for the supplemental nutrition assistance program;
(b) Sanctions for failure to comply with eligibility requirements;
(c) Allotment of supplemental nutrition assistance program benefits;
(d) To the extent permitted under federal statutes and regulations, a system under which some or all recipients of supplemental nutrition assistance program benefits subject to employment and training requirements established by rules adopted under division (A)(7) of this section receive the benefits after satisfying the requirements;
(e) Administration of the program by county departments of job and family services;
(f) Other requirements necessary for the efficient administration of the program.
(9) Submit a plan to the United States secretary of agriculture for the department of job and family services to operate a simplified supplemental nutrition assistance program pursuant to 7 U.S.C. 2035 under which requirements governing the Ohio works first program established under Chapter 5107. of the Revised Code also govern the supplemental nutrition assistance program in the case of households receiving supplemental nutrition assistance program benefits and participating in Ohio works first.
(10) Collect information on suspicious electronic benefit transfer card transactions and provide the information to each impacted county department for analysis and investigation. Such information shall include transactions of even dollar amounts, full monthly benefit amounts, multiple same-day transactions, out-of-state transactions, and any other suspicious trends.
(B) A household that is entitled to receive supplemental nutrition assistance program benefits and that is determined to be in immediate need of nutrition assistance shall receive certification of eligibility for program benefits, pending verification, within twenty-four hours, or, if mitigating circumstances occur, within seventy-two hours, after application, if:
(1) The results of the application interview indicate that the household will be eligible upon full verification;
(2) Information sufficient to confirm the statements in the application has been obtained from at least one additional source, not a member of the applicant's household. Such information shall be recorded in the case file and shall include:
(a) The name of the person who provided the name of the information source;
(b) The name and address of the information source;
(c) A summary of the information obtained.
The period of temporary eligibility shall not exceed one month from the date of certification of temporary eligibility. If eligibility is established by full verification, benefits shall continue without interruption as long as eligibility continues.
There is no limit on the number of times a household may receive expedited certification of eligibility under this division as long as before each expedited certification all of the information identified in division (F)(1) of this section was verified for the household at the last expedited certification or the household's eligibility was certified under normal processing standards since the last expedited certification.
At the time of application, the county department of job and family services shall provide to a household described in this division a list of community assistance programs that provide emergency food.
(C) Before certifying supplemental nutrition assistance program benefits, the department shall verify the eligibility of each household in accordance with division (F) of this section. All applications shall be approved or denied through full verification within thirty days from receipt of the application by the county department of job and family services.
(D) Nothing in this section shall be construed to prohibit the certification of households that qualify under federal regulations to receive supplemental nutrition assistance program benefits without charge under the Food and Nutrition Act of 2008.
(E) Any person who applies for the supplemental nutrition assistance program shall receive a voter registration application under section 3503.10 of the Revised Code.
(F)(1) In order to verify household eligibility as required by federal regulations and this section, the department shall, except as provided in division (F)(2) of this section, verify at least the following information before certifying supplemental nutrition assistance program benefits:
(a) Household composition;
(b) Identity;
(c) Citizenship and alien eligibility status;
(d) Social security numbers;
(e) State residency status;
(f) Disability status;
(g) Gross nonexempt income;
(h) Utility expenses;
(i) Medical expenses;
(j) Enrollment status in other state-administered public assistance programs within and outside this state;
(k) Any available information related to potential identity fraud or identity theft.
(2) A household's eligibility for supplemental nutrition assistance program benefits may be certified before all of the information identified in division (F)(1) of this section is verified if the household's certification is being expedited under division (B) of this section.
(3) On at least a quarterly basis and consistent with federal regulations, as information is received by a county department of job and family services, the county department shall review and act on information identified in division (F)(1) of this section that indicates a change in circumstances that may affect eligibility, to the extent such information is available to the department.
(4) Consistent with federal regulations, as part of the application for public assistance and before certifying benefits under the supplemental nutrition assistance program, the department shall require an applicant, or a person acting on the applicant's behalf, to verify the identity of the members of the applicant household.
(5)(a) The department shall sign a memorandum of understanding with any department, agency, or division as needed to obtain the information identified in division (F)(1) of this section.
(b) The department may contract with one or more independent vendors to provide the information identified in division (F)(1) of this section.
(c) Nothing in this section prevents the department or a county department of job and family services from receiving or reviewing additional information related to eligibility not identified in this section or from contracting with one or more independent vendors to provide additional information not identified in this section.
(6) The department shall explore joining a multistate cooperative, such as the national accuracy clearinghouse, to identify individuals enrolled in public assistance programs outside of this state.
(G) If the department receives information concerning a household certified to receive supplemental nutrition assistance program benefits that indicates a change in circumstances that may affect eligibility, the department shall take action in accordance with federal regulations, including verifying unclear information, providing prior written notice of a change or adverse action, and notifying the household of the right to a fair hearing.
(H) In the case of suspected fraud, the department shall refer the case for an administrative disqualification hearing or to the county prosecutor of the county in which the applicant or recipient resides for investigation, or both.
(I) The department shall adopt rules in accordance with Chapter 119. of the Revised Code to implement divisions (F) to (H) of this section.
(J) Except as prohibited by federal law, the department may assign any of the duties described in this section to any county department of job and family services.
Last updated August 24, 2021 at 4:38 PM
Structure Ohio Revised Code
Chapter 5101 | Department of Job and Family Services- General Provisions
Section 5101.02 | Authority of Director of Job and Family Services.
Section 5101.03 | Assistant Directors - Powers and Duties.
Section 5101.04 | Contract With Commercial Consumer Reporting Agency.
Section 5101.041 | Data Matching Agreements.
Section 5101.05 | Appointing Employees.
Section 5101.051 | Filling Positions With Peculiar and Exceptional Qualifications.
Section 5101.06 | Establishing Work Units.
Section 5101.061 | Office of Human Services Innovation.
Section 5101.07 | Support Services Federal Operating Fund.
Section 5101.071 | Support Services State Operating Fund.
Section 5101.072 | Human Services Projects Fund.
Section 5101.073 | Odjfs General Services Administration and Operating Fund.
Section 5101.074 | Disposition of Refunds.
Section 5101.08 | Fidelity Bonds.
Section 5101.09 | Adopting Rules.
Section 5101.10 | Expending Funds.
Section 5101.101 | Order of Priority for Distribution of Funds for Family Planning Services.
Section 5101.111 | Foundation Grant Fund.
Section 5101.12 | Maximizing Receipt of Federal Revenue.
Section 5101.13 | Uniform Statewide Automated Child Welfare Information System.
Section 5101.131 | Child Welfare System Information Confidential.
Section 5101.132 | Access to Child Welfare System Information.
Section 5101.133 | Use and Disclosure of System Information Restricted.
Section 5101.134 | Rules Governing Private Agency Use of System Information.
Section 5101.135 | Shaken Baby Syndrome Notation in Child Abuse Report.
Section 5101.14 | Payments to Counties for Part of Their Costs for Children Services.
Section 5101.141 | Administering Federal Payments for Foster Care and Adoption Assistance.
Section 5101.143 | State Adoption Assistance Loan Fund.
Section 5101.144 | Children Services Fund.
Section 5101.146 | Establishing Penalties for Noncompliance With Fiscal Accountability Procedures.
Section 5101.147 | Notification of Agency's Noncompliance With Fiscal Accountability Procedures.
Section 5101.148 | No Unnecessarily Removal of Children From Certified Foster Homes.
Section 5101.149 | Prohibiting Personal Loans.
Section 5101.1410 | Certifying a Claim.
Section 5101.1411 | Federal Payments for Foster Care and Adoption Assistance.
Section 5101.1412 | Voluntary Participation Agreement for Child's Care and Placement.
Section 5101.1413 | Payment of Nonfederal Share.
Section 5101.1414 | Adoption of Rules.
Section 5101.1415 | Person Eligible for Temporary or Permanent Custody Until Age Twenty-One.
Section 5101.1416 | Kinship Guardianship Assistance.
Section 5101.1418 | Post-Adoption Special Services Subsidy Payments.
Section 5101.15 | Schedule of Reimbursement.
Section 5101.16 | Paying County Share of Public Assistance Expenditures.
Section 5101.161 | Public Assistance Fund.
Section 5101.163 | Increase in County Share of Public Assistance Expenditures.
Section 5101.17 | Payments Made Under Economic Opportunity Act Not Regarded as Income or Resources.
Section 5101.181 | Matching Agency Records to Determine Overpayment of Public Assistance.
Section 5101.182 | Matching Income Tax Returns to Determine Overpayment of Public Assistance.
Section 5101.184 | Collecting Overpayments of Assistance From State and Federal Income Tax Refunds.
Section 5101.20 | Grant Agreements for Workforce Development Activities.
Section 5101.21 | Written Grant Agreements Between Director and County.
Section 5101.212 | Duty of Religious Organization Contracting With Department.
Section 5101.215 | Agreements With Religious Organization.
Section 5101.216 | Written Operational Agreements With County for Family Service Duties.
Section 5101.22 | Establishing Performance and Administrative Standards for County Agencies.
Section 5101.221 | County Family Services Agency Corrective Action Plan.
Section 5101.222 | Administrative Rules.
Section 5101.23 | Providing Incentive Awards to County Agencies.
Section 5101.24 | Actions for Failure to Meet Performance Standards.
Section 5101.242 | Certification of Claim to Recover Funds.
Section 5101.243 | Administrative Rules.
Section 5101.244 | Adjustment to Recover Expenditures Exceeding Allowable Amount.
Section 5101.25 | Developing Annual Training Goals and Model Training Curriculum.
Section 5101.26 | Disclosure of Information Definitions.
Section 5101.27 | Restricting Disclosure of Information Regarding Public Assistance Recipients.
Section 5101.272 | Authorization Form.
Section 5101.273 | Membership in the Public Assistance Reporting Information System.
Section 5101.29 | Certain Day-Care Records Not Subject to Public Records Law.
Section 5101.30 | Rules for Conditions and Procedures for the Release of Information.
Section 5101.32 | Procedures and Formats for Rc 109.5721 Notices.
Section 5101.33 | Electronic Benefit Transfers.
Section 5101.34 | Ohio Commission on Fatherhood.
Section 5101.341 | Chairperson; Executive Director; Staff; Funding.
Section 5101.342 | State Summits on Fatherhood.
Section 5101.343 | Exemption From Sunset Review.
Section 5101.351 | Hearing Officers.
Section 5101.38 | Appointment of Agents.
Section 5101.44 | Ohio Welfare Conference.
Section 5101.45 | Conference Expenses.
Section 5101.461 | Use of Title Iv-a Funds for Title XX Social Services.
Section 5101.47 | Administrative Activities for Certain Programs.
Section 5101.48 | Distributing Food Commodities.
Section 5101.54 | Administering Food Stamp Program.
Section 5101.541 | Food Stamp Program Fund.
Section 5101.542 | Electronic Benefit Transfer Card.
Section 5101.544 | Failure of Household Member to Perform Required Action.
Section 5101.545 | Application to Participate in Elderly Simplified Application Project.
Section 5101.56 | Use of State or Local Funds for Abortion Services.
Section 5101.57 | Use of Public Facilities for Nontheurapeutic Abortions Prohibited.
Section 5101.60 | Adult Protective Services Definitions.
Section 5101.61 | Implementing Adult Protective Services.
Section 5101.611 | Reimbursing Costs of Providing Services.
Section 5101.62 | Training Program.
Section 5101.63 | Reporting Abuse, Neglect or Exploitation of Adult.
Section 5101.631 | Uniform Statewide Automated Adult Protective Services Information System.
Section 5101.632 | Access to Educational Materials.
Section 5101.64 | Referring Cases of Abuse.
Section 5101.65 | Investigations.
Section 5101.651 | Temporary Restraining Order.
Section 5101.652 | Authority to Contract With Other Entities to Perform Certain Duties.
Section 5101.66 | Request or Consent to Receiving Protective Services.
Section 5101.68 | Petitioning for Court Order to Provide Protective Services.
Section 5101.681 | Notice of Petition.
Section 5101.70 | Emergency Order.
Section 5101.701 | Ex Parte Emergency Order Authorizing Provision of Protective Services.
Section 5101.71 | Evaluating Ability to Pay for Services.
Section 5101.73 | Denial or Obstruction of Access to Adult Victim's Residence.
Section 5101.74 | Elder Abuse Commission.
Section 5101.741 | Duties of Commission.
Section 5101.76 | Procurement of Epinephrine Autoinjectors for Camps.
Section 5101.77 | Procurement of Inhalers for Camps.
Section 5101.78 | Procurement of Glucagon, Qualified Immunity - Camps.
Section 5101.80 | Administering Title Iv-a of the Social Security Act.
Section 5101.801 | Benefits and Services That Are Not Defined as Assistance.
Section 5101.802 | Kinship Permanency Incentive Program.
Section 5101.803 | Title Iv-a Demonstration Program.
Section 5101.804 | Ohio Parenting and Pregnancy Program.
Section 5101.806 | Tanf Spending Plan.
Section 5101.81 | Examination of Title Iv-a State Plan by Legislature.
Section 5101.82 | Title Iv-a Reserve Fund.
Section 5101.821 | Tanf Federal Fund.
Section 5101.83 | Repaying Fraudulent Assistance.
Section 5101.84 | Eligibility for Aid.
Section 5101.85 | Kinship Caregiver Defined.
Section 5101.851 | Statewide Kinship Care Navigator Program.
Section 5101.853 | Establishment of Regions.
Section 5101.854 | Content of Program for Kinship Caregivers.
Section 5101.855 | Adoption of Rules.
Section 5101.856 | Funding for Kinship Care Navigator Program.
Section 5101.86 | Adult Emergency Assistance Program.
Section 5101.87 | Victims of Human Trafficking Fund.
Section 5101.88 | Kinship Support Program Definitions.
Section 5101.881 | Kinship Support Program Established and Administered.
Section 5101.884 | Kinship Caregivers Eligible for Payments.
Section 5101.885 | Payment Amount.
Section 5101.886 | Payments Time-Limited.
Section 5101.887 | Conditions Requiring Payments to Cease.
Section 5101.889 | Foster Care Maintenance Payments for Kinship Caregiver Certified as Foster Home.
Section 5101.8811 | Kinship Support Program Rules.
Section 5101.8812 | Inalienability of Benefits.
Section 5101.89 | Youth and Family Ombudsman Office Definitions.
Section 5101.891 | Youth and Family Ombudsman Office.
Section 5101.892 | Office Duties; Annual Report.
Section 5101.893 | Evaluation of Annual Report.
Section 5101.894 | Reporting Suspected Violations of State Law.
Section 5101.895 | Office Administration.
Section 5101.897 | Employee Prohibitions.
Section 5101.899 | Record Access and Confidentiality.
Section 5101.93 | Warning, Explanation for Failure to Report Violation Involving a Companion Animal.