2006 Ohio Revised Code - 5107.16. Sanctions for noncompliance with contract; good cause for noncompliance.

§ 5107.16. Sanctions for noncompliance with contract; good cause for noncompliance.
 

(A)  If a member of an assistance group fails or refuses, without good cause, to comply in full with a provision of a self-sufficiency contract entered into under section 5107.14 of the Revised Code, a county department of job and family services shall sanction the assistance group as follows: 

(1) For a first failure or refusal, the county department shall deny or terminate the assistance group's eligibility to participate in Ohio works first for one payment month or until the failure or refusal ceases, whichever is longer; 

(2) For a second failure or refusal, the county department shall deny or terminate the assistance group's eligibility to participate in Ohio works first for three payment months or until the failure or refusal ceases, whichever is longer; 

(3) For a third or subsequent failure or refusal, the county department shall deny or terminate the assistance group's eligibility to participate in Ohio works first for six payment months or until the failure or refusal ceases, whichever is longer. 

(B)  Each county department of job and family services shall establish standards for the determination of good cause for failure or refusal to comply in full with a provision of a self-sufficiency contract. 

(1) In the case of a failure or refusal to participate in a work activity, developmental activity, or alternative work activity under sections 5107.40 to 5107.69 of the Revised Code, good cause shall include, except as provided in division (B)(2) of this section, the following: 

(a) Failure of the county department to place the member in an activity; 

(b) Failure of the county department to provide for the assistance group to receive support services the county department determines under section 5107.66 of the Revised Code to be necessary. In determining whether good cause exists, a county department shall determine that day care is a necessary support service if a single custodial parent caring for a minor child under age six proves a demonstrated inability, as determined by the county department, to obtain needed child care for one or more of the following reasons: 

(i) Unavailability of appropriate child care within a reasonable distance from the parent's home or work site; 

(ii) Unavailability or unsuitability of informal child care by a relative or under other arrangements; 

(iii) Unavailability of appropriate and affordable formal child care arrangements. 

(2) Good cause does not exist if the member of the assistance group is placed in a work activity established under section 5107.58 of the Revised Code and exhausts the support services available for that activity. 

(C)  When a state hearing under division (B) of section 5101.35 of the Revised Code or an administrative appeal under division (C) of that section is held regarding a sanction under this section, the hearing officer, director of job and family services, or director's designee shall base the decision in the hearing or appeal on the county department's standards of good cause for failure or refusal to comply in full with a provision of a self-sufficiency contract, if the county department provides the hearing officer, director, or director's designee a copy of the county department's good cause standards. 

(D)  After sanctioning an assistance group under division (A) of this section, a county department of job and family services shall continue to work with the assistance group to provide the member of the assistance group who caused the sanction an opportunity to demonstrate to the county department a willingness to cease the failure or refusal to comply with the self-sufficiency contract. 

(E)  An adult eligible for medical assistance pursuant to division (A)(1)(a) of section 5111.01 of the Revised Code who is sanctioned under division (A)(3) of this section for a failure or refusal, without good cause, to comply in full with a provision of a self-sufficiency contract related to work responsibilities under sections 5107.40 to 5107.69 of the Revised Code loses eligibility for medical assistance unless the adult is otherwise eligible for medical assistance pursuant to another division of section 5111.01 of the Revised Code. 

(F)  An assistance group that would be participating in Ohio works first if not for a sanction under this section shall continue to be eligible for all of the following: 

(1) Publicly funded child care in accordance with division (A)(3) of section 5104.30 of the Revised Code; 

(2) Support services in accordance with section 5107.66 of the Revised Code; 

(3) To the extent permitted by the "Fair Labor Standards Act of 1938," 52 Stat. 1060, 29 U.S.C.A. 201, as amended, to participate in work activities, developmental activities, and alternative work activities in accordance with sections 5107.40 to 5107.69 of the Revised Code. 
 

HISTORY: 147 v H 408 (Eff 10-1-97); 148 v H 283 (Eff 9-29-99); 148 v H 471. Eff 7-1-2000; 150 v H 11, § 1, eff. 5-18-05.
 

Not analogous to former RC § 5107.16 (145 v H 152; 145 v H 715), repealed 147 v H 408, § 2, eff 10-1-97.

Not analogous to former RC § 5107.16 (GC § 1359-40; 116 v PtII, 188(193), § 10; 119 v 731, § 1; Bureau of Code Revision, 10-1-53), repealed 134 v H 511, § 2, eff 1-1-74.

The effective date is set by section 12(A) of HB 471. 

 

Effect of Amendments

150 v H 11, effective May 18, 2005, in (F)(1), substituted "child care" for "child day-care".