State Hearing Decision - Hearing Decisions

OHIO DEPARTMENT OF JOB AND FAMILY SERVICESBUREAU OF STATE HEARINGSIn the matter of:Case Number: County:5070265193 ERIEAppeal: Program: Disposition:17124431712444No Compliance RequiredPAFOWFOVERRULEDOVERRULEDDecision Date:Request Date:Hearing Officer:11/30/201109/19/2011DENISE PERDUEState Hearing DecisionISSUE SECTION: 1712444 (OWF) 1712443 (PAF)To receive Ohio Works First cash assistance, an assistance group must enter into a SelfSufficiency Contract (SSC) that states the work requirements for the assistance group. Failure tomeet these requirements, without good cause, shall result in the Ohio Works First benefits beingsanctioned. Food Assistance is also sanctioned for failing to meet the requirements withoutgood cause.The Richland County Department of Job and Family Services (Agency) sent notice proposingthe termination of OWF on 08/04/2011 and proposing a decrease in the Food Assistance on thesame date. The negative actions were based on an alleged second occurrence sanction forfailing to comply with the Self Sufficiency Contract without good cause. Is the Agency’ssanction of benefits correct?PROCEDURE MATTERS:1. The request for state hearing was received on 09/19/2011.2. The state hearing was scheduled and heard on 10/20/2011.3. All witnesses were sworn in by the Hearing Officer.4. The Agency presented an appeal summary.5. The Appellant represented herself.6. Richland County was represented by Helen Bryant, Karen Bueno, and DanDickman.FINDINGS OF FACT:1. The appellant signed the self-sufficiency contract on 10/5/20102. The appellants’ original assignment was her place of employment.3. The appellant employment ended in April 2011.4. The appellant signed an update SSC (Self-Sufficiency plan in April 2011.5. The appellant asked for good cause in June due to deaths in her family.6. The appellant never provided verification of the family deaths,7. The appellant reported that she was still in Erie County (June 2011).JFS 04005 (Rev. 6/2002)Page 1 of 3

STATE HEARING DECISION CONTINUATION8. The appellant was given an appointment with Richland County Success director 7/5/11,the appellant did not keep the appointment.9. In July the appellant requested a friend check on her apartment in Richland County.10. The appellant testified she remained in Erie County due to eviction from apartment inRichland County.11. The appellant requested money from Richland County CSB (Children Service Board) inJune 20, 2011 for relocation to Erie County.CONCLUSIONS OF POLICY:Policy:Ohio Admin. Code § 5101:1-3-11 (2008) outlines Ohio Works First work activities.Paragraph (E) states “If a work eligible individual or member of an assistance group fails orrefuses, without good cause, to comply in full with a provision of a self sufficiency contract theCDJFS shall sanction the work eligible individual and the assistance group pursuant to rule5101:1-3-15 of the Administrative Code. Paragraph (F) states that “For each failure, refusal orabsence, the CDJFS shall determine if good cause exists.Ohio Admin. Code § 5101:1-3-15(2008) (B) outlines the three-tier sanctions and explains thelength of time of the sanction for each occurrence. Sanction policy relevant to Food Assistanceindividuals is outlined in Ohio Admin. Code §5101: 4-3-09 (2007).ANALYSIS:Here the appellant disputed the fact that she was a resident of Erie County. However, alldocumentation and testimony indicates that the appellant had moved to Erie County and that theappellant never reported this move to Richland County. During testimony the appellant said thatshe had been told by Richland CSB (Child Service Board) to return to Erie County to settle herproblem of domestic violence with her estranged husband.However, the documentation from the CSB does not support this claim. Documentation receivedfrom the agency shows a request from the appellant for moving cost. Furthermore, the request isdated June 20, 2011 and does not indicate that the money is needed to flee from a dangeroussituation. The appellant testified that she was in fear for the lives of herself and the childrenwhile in Richland County. The county testified that they were aware of problems in the homebut not to the extent that the appellant revealed during the hearing. The county also testified thatif this information was given to them by the appellant that they would have assigned her to asecure WEP site.The appellant has never provided proof of deaths in her family nor as she produced any form ofverification that would allow good cause for the missed days in June and July of 2011. At thetime of the proposed sanction the appellant was still a client of Richland County and had signeda legal and binding Self-sufficiency contract. In the absence of good cause documentation, I findthe sanction imposed by Richland County to be correct.HEARING OFFICER’S RECOMMENDATIONS:Based upon the applicable policy and the record before me, I recommend that appealnumbers 1712444 (OWF) 1712443 (PAF) be OVERRULED.Page 2 of 3

STATE HEARING DECISION CONTINUATIONFINAL ADMINISTRATIVE DECISION AND ORDER:Since I find the Hearing Officer’s recommendations are supported by policy and the evidence, Iadopt his recommendations. Consequently, the appeal numbers 1712444 (OWF) 1712443 (PAF)are Overruled.Hearing AuthorityNovember 30, 2011Notice to AppellantThis is the official report of your hearing and is to inform you of the decision and order in your case. All papers and materialsintroduced at the hearing or otherwise filed in the proceeding make up the hearing record. The hearing record will be maintainedby the Ohio Department of Job and Family Services. If you would like a copy of the official record, please telephone the hearingsupervisor at the TOLEDO District hearing section at 1-866-635-3748.If you believe this state hearing decision is wrong, you may request an administrative appeal by writing to: Ohio Department ofJob and Family Services, Bureau of State Hearings, P.O.BOX 182825, Columbus, OH 43218-2825 or fax: (614) 728-9574.Your request should include a copy of this hearing decision and an explanation of why you think it is wrong. Your writtenrequest must be received by the Bureau of State Hearings within 15 calendar days from the date this decision is issued. (If the15th day falls on a weekend or holiday, this deadline is extended to the next work day.) During the 15-day administrative appealperiod you may request a free copy of the tape recording of the hearing by contacting the district hearings section.If you want information on free legal services but don't know the number of your local legal aid office, you can call the OhioState Legal Services Association, toll free, at 1-800-589-5888, for the local number.Aviso a la ApelanteEsta es la decisión estatal administrativa de su caso. Todos los documentos y materiales presentados como prueba en la vista o deotra manera radicados componen el récord administrativo. El récord administrativo será mantenido por el Ohio Department ofJob and Family Services.Si usted cree que esta decisión estatal administrativa es erronea, usted puede solicitar una apelación administrativa escribiendo al:Ohio Department of Job and Family Services, Bureau of State Hearings, P.O. Box 182825, Columbus, Ohio 43218-2825 ofacsímil (614) 728-9574. Su solicitud debe indicar por qué usted piensa que la decisión administrativa es erronea. Usted puedecompletar la solicitud de apelación incluida con esta decisión. Su solicitud escrita o formulario de apelación tiene que serrecibido por el Bureau of State Hearings dentro de los 15 días calendario desde la fecha en que esta decisión es expedida. (Si el15to. día recae sobre un fin de semana o un día feriado, esta fecha límite es extendida al próximo día laborable). Durante elperíodo de 15 días de apelación administrativa, usted o su representante pueden solicitar una copia gratuita del récordadministrativo y de la grabación de la vista llamando al Bureau of State Hearings al 1-866-635-3748 (seleccione la opción 1 delmenú principal).Si usted quiere información sobre servicios legales gratuitos pero no sabe el número de su oficina local de servicios legales, ustedpuede llamar al Ohio State Legal Services Association, gratuitamente, al 1-800-589-5888, para el número local.Page 3 of 3