Ohio Admin. Code 5101:4-9-02

Current through all regulations passed and filed through November 4, 2024
Section 5101:4-9-02 - SNAP E & T comprehensive assessment

This rule describes the comprehensive assessment process used by employment and training (E & T) case managers to determine the employment and educational goals, needs, barriers and strengths of an individual who has requested to participate and been determined appropriate for referral to the supplemental nutrition assistance program (SNAP) E & T program.

(A) What is included in the comprehensive assessment?
(1) A county agency is to conduct a comprehensive assessment of each individual referred to SNAP E & T. The comprehensive assessment includes:
(a) A SNAP E & T assessment administered by an E & T case manager using the Ohio benefits integrated eligibility system. The SNAP E & T assessment includes but is not limited to a review of the referred individual's occupational skills, prior work experience, employability, interests, aptitudes, supportive service and developmental needs.

The SNAP E & T assessment will assist the E & T case manager in scoring the individual's status across five areas of well-being and the scores of SNAP E & T enrolled participants will be regularly updated to reflect progress made in the SNAP E & T program. The areas include:

(i) Family stability;
(ii) Well-being;
(iii) Financial literacy and management;
(iv) Education and training; and
(v) Employment and career.
(b) For individuals who do not have at least an associate degree awarded by an accredited institution of higher education, a basic skills assessment selected by the county agency to determine if the referred individual is unable to compute or solve problems, or read, write or speak English, at a level necessary to function on the job or in society. The county agency is to select assessment instruments that are valid and appropriate for the population and identify them in its SNAP E & T plan.
(2) The time spent in a SNAP E & T assessment and/or basic skills assessment is to be documented as an assignment in the Ohio benefits integrated eligibility system. For able-bodied adults without dependents (ABAWDs), the time spent in an assessment is not to be used to fulfill their work requirement unless the ABAWD is also assigned to one or more SNAP E & T components.
(3) When a county agency has a contract or agreement with a third-party to conduct all or part of the comprehensive assessment, the county agency is to ensure all of the following:
(a) The assessment administered by the third-party will include at a minimum, the same information that would otherwise be collected during a comprehensive assessment using the Ohio benefits integrated eligibility system;
(b) The information gathered by the third-party will be promptly entered into the Ohio benefits integrated eligibility system, including the information needed to generate a well-being score; and
(c) Suitability determinations made as a result of the comprehensive assessment are consistent with Chapter 5101:4-9 of the Administrative Code.
(B) When is a comprehensive assessment to be conducted?
(1) For unemployed ABAWDs, a county agency is to conduct a comprehensive assessment utilizing the Ohio benefits integrated eligibility system within fifteen days of the individual requesting to participate in SNAP E & T or approval of SNAP benefits, whichever is later. For all others, the assessment is to be conducted within thirty days of the date the individual requested to participate in SNAP E & T or approval of SNAP benefits, whichever is later. A county agency is to provide necessary supportive services to ensure an individual can participate in their assessment.

The failure of a county agency to timely schedule an assessment is not good cause for an ABAWD failing to fulfill their work requirement.

(2) The SNAP E & T assessment is to be updated by a case manager in the Ohio benefits integrated eligibility system and in consultation with the SNAP E & T enrolled participant:
(a) Each time an activity to an assignment to a SNAP E & T component has ended;
(b) When the SNAP E & T case manager determines the SNAP E & T enrolled participant's circumstances warrant an update to the assessment; and
(c) At disenrollment, when possible.
(C) How does an E & T case manager determine if an individual is suitable for assignment to a SNAP E & T component?
(1) Prior to assigning an individual to an E & T component and enrolling them in SNAP E & T, the E & T case manager is to consider if the individual is suitable for participation in the component. Rules 5101:4-9-07.01 to 5101:4-9-07.06 of the Administrative Code include a description of who is best suited for participation in each SNAP E & T component.

The determination of suitability is to be based on the totality of the individual's circumstances, including the outcome of the comprehensive assessment and whether or not the individual is likely to achieve the desired outcome of the assigned SNAP E & T component(s). When making the determination, the SNAP E & T case manager is to consider if there is an activity within a component that if assigned, will meet the individual's needs and that the individual:

(a) Is likely or able to obtain or retain employment as a result of participation in the SNAP E & T component;
(b) Is in need of education or training services to obtain or retain employment;
(c) Has the skills and qualifications to successfully participate in the selected component; and
(d) Has selected a component that will lead to employment in an in-demand job or meet local employer needs.
(2) A SNAP E & T case manager is not to assign an individual to a SNAP E & T component that is not suitable and the decision is not an adverse action subject to rule 5101:6-2-04 of the Administrative Code. However, the E & T case manager is to inform the individual that they are not suitable by any reasonable means (letter, phone call, email, etc.).
(3) The considerations described in this paragraph apply to all individuals referred to SNAP E & T and an assignment is not to be made if there is not a suitable assignment for the individual. This includes:
(a) Individuals who are to receive priority of service in accordance with rule 5101:4-9-01 of the Administrative Code; and
(b) Individuals who are to meet the ABAWD work requirement in accordance with rule 5101:4-3-11 of the Administrative Code.
(D) How does an E & T case manager assign an individual to an E & T component?

Upon determining that an individual is suitable for assignment to one or more SNAP E & T components, the E & T case manager is to use the Ohio benefits integrated eligibility system and work with the individual to develop an employability plan. A copy of the employability plan is to be provided to the SNAP E & T enrolled participant. The employability plan includes:

(1) An assignment to activities in one or more SNAP E & T component, including tentative dates, times and locations for each activity and hours of participation;
(2) Goals and milestones for achievement;
(3) Supportive services to be provided;
(4) The case management services and plan for progress monitoring; and
(5) The expectations of SNAP E & T enrolled participants.
(E) What happens when a SNAP E & T enrolled participant is no longer suitable for an assigned SNAP E & T component?
(1) When a SNAP E & T provider determines an enrolled participant is no longer suitable for an assigned SNAP E & T component, the county agency is to take the following actions. For purposes of this rule, "SNAP E & T provider" means an entity other than a county agency, that is providing E & T services in one or more SNAP E & T component(s) to an enrolled participant.
(a) A SNAP E & T provider is to notify the county agency within ten days of determining that an enrolled participant is not suited for participation in an assigned SNAP E & T component. The SNAP E & T provider may make the determination at any time between when the individual is referred to an activity until the activity is completed.
(b) Within ten days of receiving notice from the provider, the E & T case manager is to notify the enrolled participant of the determination. The notification may be verbal or in writing and is to include the following:
(i) A description of the provider determination (when available);
(ii) The next steps the county agency will take as a result of the provider determination;
(iii) The E & T case manager's contact information;
(iv) Information that the individual is not being sanctioned as a result of the provider determination; and
(v) For an ABAWD who is the subject of the provider determination, information that unless they are otherwise meeting the ABAWD work requirement described in rule 5101:4-3-13 of the Administrative Code, has good cause or is otherwise exempt they will accrue countable months beginning the next full benefit month after they are notified of the provider determination.
(c) Within ten days of notifying the enrolled individual of the provider determination, but no later than the next recertification date, the E & T case manager is to:

Ensure that the enrolled individual is suitable for assignment to one or more SNAP E & T component(s) pursuant to this rule. If suitable for assignment, the E & T case manager is to update the participant's case file in the Ohio benefits integrated eligibility system and make the assignment; if not suitable for assignment, the E & T case manager is to follow the disenrollment process described in rule 5101:4-9-06 of the Administrative Code.

(2) When a county agency is the provider of a SNAP E & T component and determines a SNAP E & T enrolled participant is no longer suitable for the assigned SNAP E & T component, the county agency is to take the following actions:
(a) Within ten days of making the determination, the E & T case manager is to notify the enrolled participant of the determination. The notification may be verbal or in writing and is to conform with paragraph (E)(1)(b) of this rule. The county agency or E & T case manager may make the determination at any time between when the individual is referred to an activity until the activity is completed.
(b) Within ten days of notifying the enrolled individual of the provider determination, but no later than the next recertification date, the E & T case manager is to take the actions described in paragraph (E)(1)(c) of this rule.
(F) What is the consequence for not meeting expectations contained in the employability plan?

There is no loss of SNAP eligibility or change in benefit amount due to a failure to meet an expectation contained in an individual's employability plan. However, meeting SNAP E & T program expectations are indicators of progress within the SNAP E & T program and when monitoring progress in accordance with rule 5101:4-9-05 of the Administrative Code, the county agency is to consider if the individual met SNAP E & T expectations included in the employability plan.

Replaces: 5101:4-3-11.1, 5101:4-3-11.2, 5101:4-3-29, 5101:4-3-30, 5101:4-3-32

Ohio Admin. Code 5101:4-9-02

Effective: 10/1/2024
Five Year Review (FYR) Dates: 10/01/2029
Promulgated Under: 119.03
Statutory Authority: 5101.54
Rule Amplifies: 329.04, 329.042, 5101.54
Prior Effective Dates: 09/01/1976, 12/31/1977, 11/01/1980, 05/01/1982, 03/01/1983, 07/01/1984, 08/01/1985, 03/01/1987, 12/01/1987 (Emer.), 02/15/1988, 06/30/1989 (Emer.), 09/23/1989, 09/29/1989 (Emer.), 12/16/1989, 04/02/1990, 11/01/1990, 04/01/1991, 07/01/1991, 10/01/1991 (Emer.), 12/02/1991, 05/01/1992, 05/29/1992 (Emer.), 06/01/1992, 11/01/1992, 09/01/1993, 02/01/1994 (Emer.), 04/15/1994, 12/01/1995 (Emer.), 02/19/1996, 07/01/1996 (Emer.), 09/29/1996, 10/01/1997 (Emer.), 12/01/1997 (Emer.), 12/20/1997, 01/08/1998, 12/05/2002, 01/06/2003, 01/20/2003, 12/31/2006, 10/01/2007, 01/01/2008, 10/01/2008 (Emer.), 12/18/2008, 10/15/2009, 02/01/2012, 03/01/2012, 01/01/2013, 10/01/2013, 10/01/2014, 08/01/2015, 06/01/2016, 04/01/2017, 07/01/2017, 11/01/2019, 04/01/2020, 11/18/2021, 06/16/2022, 10/01/2023