Ohio Poverty Law Center

MARCH 2025 NEWSLETTER

Mon, 10 Mar 2025 22:02:42 GMT

Director Susan Jagers Bids Farewell After Years of Advocacy for Low-Income Ohioans

OPLC Director Susan Jagers will be leaving her role, with her last day on March 14. Since joining OPLC in 2018, Susan has been a passionate advocate for Ohioans in poverty, leading efforts that resulted in significant policy and legislative changes to improve the lives of families across the state. Her dedication and leadership have strengthened OPLC’s impact, and we are grateful for her years of service.

Our advocacy won’t miss a beat. Please reach out to the OPLC team or LASCO Executive Director Kate McGarvey if you need anything.

OPLC Provides Testimony on Several Budget Provisions

The Ohio House is reviewing Governor Mike DeWine’s proposed budget, House Bill 96 , and is set to unveil its budget plan in the coming weeks. OPLC provided testimony on several issues in three different committees last week.

In testimony before the House Medicaid Committee, we asked members to remove or change language that would immediately end Medicaid expansion coverage in Ohio if the federal government reduces its share of coverage costs. The language, as written, puts Medicaid coverage for 770,000 Ohioans at risk.

In testimony before the House Children and Human Services Committee, we asked members to support language that would make it easier and more cost-effective for Legal Aid staff to provide services to older Ohioans. We also asked members to consider removing language that would make it harder for certain temporary workers to apply for Unemployment Compensation benefits.

In testimony before the House Health Committee, we asked members to increase investments in lead poisoning prevention and to include language in the budget that would allow the Ohio Department of Health to enforce the Renovation, Repair, and Painting rule to ensure safe lead abatement procedures.

Kinship Care Bill Re-Introduced

Senators Hearcel Craig (D-Columbus) and Michele Reynolds (R-Canal Winchester) have re-introduced legislation that gives kinship caregivers more tools to make decisions for the children in their care. Currently, only grandparents can utilize a power of attorney (POA) or a caretaker authorization affidavit (CAA) to enroll children in school or consent to their medical treatment. Ohio is the only state that restricts the use of these important tools to grandparents.

Senate Bill 58 would allow other qualified caretakers to use these tools. SB 58 received its first hearing on February 19 in the Ohio Senate Judiciary Committee.

OPLC is working with Representatives in the House to potentially get an amendment with the bill language added to House Bill 96, the operating budget bill.

Senate Again Takes Up “Anti-Squatting” Legislation

Proposed “anti-squatter” legislation is once again under consideration in the Ohio Senate, now in the form of Senate Bill 5 . Sponsored by Senators Stephen Huffman (R-Tipp City) and Andrew Brenner (R-Delaware), the legislation is very similar to the trio of bills on the same subject that were introduced during the last General Assembly.

Like the previous versions, SB 5 seeks to address “squatting” by expanding the definition of criminal mischief to include unlawfully detaining and causing damage to a property. A property owner with an alleged squatter could file an affidavit with their county sheriff’s office for the immediate removal of the person from the property without a court hearing.

There is a significant risk that legitimate tenants could be wrongfully removed under the proposed law. Such risks are unnecessary since under current law there are no “squatter’s rights,” and much of the conduct sought to be covered by SB 5 is already covered by existing criminal trespass and eviction law. For these reasons, Legal Aid attorneys traveled to the Statehouse last year to provide testimony in opposition to the similar bills in the previous session of the General Assembly.

Currently, SB 5 has only received one hearing for the sponsors of the bill to provide testimony. It is likely to come back for additional hearings, though, and OPLC will continue to monitor it.

OPLC Releases 2024 Annual Report

FEBRUARY 2025 NEWSLETTER

Tue, 18 Feb 2025 18:57:34 GMT

Governor’s Budget Cuts Funding for Lead Poisoning Prevention

The Ohio Operating Budget has officially been introduced in the Ohio General Assembly as House Bill 96 , and the Ohio Poverty Law Center has taken a close look at the lead poisoning provisions of the operating budget to see if Governor DeWine has included any funding increases, as well as included authority for the state of Ohio to administer and enforce the Renovation, Repair, and Painting Rule (RRP). Both provisions are key to expanding Ohio’s capacity to keep kids safe from lead poisoning.

In 2023 Ohio officially created the Lead Safe Home Fund which provided local communities with funding to create or expand lead poisoning prevention efforts. Over the last two years the Lead Safe Home Fund funded 16 different projects around the state in nine different counties. Increased funding would allow more communities to take advantage of this critical funding source.

RRP is a rule that requires contractors performing renovation, repair, or painting work in older homes built before 1978 to use common sense lead safe work practices. The federal government is supposed to enforce this rule, but enforcement has been inconsistent. However, states are allowed to take over enforcement and tailor the program to suit their needs. The Governor had included RRP in his previous two budgets, but he has left it out of HB 96. Additionally, the budget cuts roughly $450,000 out of the lead abatement fund in fiscal year 2026, which is the main funding source for Ohio’s lead poisoning prevention efforts. OPLC will be working with our partners in the legislature to restore both RRP and the funding cuts so that all children can grow up safe from lead hazards.

Ohio’s Latest Proposed Budget Includes Child Tax Credit

House Bill 96 , the state’s proposed operating budget for Fiscal Years 2026 and 2027, includes a Child Tax Credit provision.

Ohio families would qualify for the tax credit under the following conditions:

Be a parent of a child aged six or younger
Earn less than $94,000 annually as a married couple filing jointly
Earn less than $56,000 as a married couple filing separately
For all other taxpayers, earn less than $69,0000

The credit amount would be either: a five percent credit based on a taxpayer’s annual income that could be as much as $1,000 per child or a refund if the credit exceeds what the taxpayer owes in state taxes so long as they earn at least $22,500 per year.

The credit would taper down as income increased:

Married filing jointly at $75,000
Married filing separately at $37,500
Single filer phase out starts at $50,000

To cover the costs of the tax credit, Governor DeWine proposed doubling state taxes on cigarettes from $1.60 per pack to $3.10, according to budget documents. He also recommended raising wholesale taxes on other tobacco products from 17 percent to 42 percent.

Proposed Budget Includes Medicaid “Trigger” Language

House Bill 96 , the state’s proposed operating budget for Fiscal Years 2026 and 2027, includes a clause to immediately end Medicaid expansion coverage in Ohio if the federal government reduces its share of coverage costs.

Under the proposed provision, if the federal medical assistance percentage for medical assistance provided to members of the expansion eligibility group is set below 90 percent, the Department of Medicaid shall immediately discontinue all medical assistance for members of the group.

A separate provision in the bill addresses changes to state programs receiving federal funding with corresponding federal programs. This section states if the federal government reduces, discontinues, pauses, or otherwise suspends any federal program that provides federal funds for any corresponding state program, such program may be reduced, discontinued, paused, or suspended. This shall include any contract, agreement, memorandum of understanding, or any other covenant entered into by the state that is dependent on federal funding.

According to state data, 7700,000 Ohioans are covered under Medicaid expansion. Approximately 3 million Ohioans are on Medicaid overall.

JANUARY 2025 NEWSLETTER

Mon, 13 Jan 2025 20:45:01 GMT

Governor Signs Bill to Curb Debt-Related Driver's License Suspensions

House Bill 29 , legislation that will remove many of the financial barriers that lead to driver’s license suspensions was signed by Governor Mike DeWine on January 8, 2025. With the adoption of this policy, Ohio became the 25th state to move away from debt-related penalties.

We were thrilled to be on hand when the Governor signed the bill.

The work now begins to implement the new policy and put Ohioans back in the driver’s seat. Thirty days after the law’s effective date, license suspensions for failure to pay a court fine or fee will be removed retroactively and without the imposition of reinstatement fees. This will help hundreds of thousands of Ohioans get their licenses back and the changes in the law will dramatically reduce future suspensions.

OPLC led a large and diverse coalition of advocates and impacted Ohioans to support the legislation over the last two years. Throughout the Senate and House committee process, nearly 40 witnesses ranging from legal aid societies to employment advocates to business leaders to conservative and taxpayer groups submitted proponent testimony.

The following provisions were included in House Bill 29:

Eliminates the driver’s license suspension for failure to pay a court fine or fee.
Applies the removal of license suspensions for failure to pay a court fine or fee both retroactively and automatically, without imposition of reinstatement fees.
Removes the possible penalty of a driver’s license suspension for a drug abuse offense, unless the offense relates to causing others to use, manufacture, or traffic and the offender used a vehicle to further the commission of the offense.
Reduces the lookback period for driving without insurance offenses to be considered repeat offenses from five years to one year.
Eliminates school truancy as a reason for license denial or suspension.
Authorizes a person whose driver’s license is suspended for failure to pay child support to file a motion with a court for limited driving privileges in all circumstances, not just when the motion is made during contempt proceedings as under current law.

For years, debt-related driver’s license suspensions blocked thousands of Ohioans from finding stable jobs and businesses from accessing quality talent. House Bill 29 removes these unnecessary barriers to employment and hiring—a significant win for business and communities. This legislation will help keep Ohioans on the road, bolster the state’s workforce, and break costly cycles of poverty and punishment.

"Pay Stub Protection Act" Enacted

House Bill 106 , which requires employers to provide earnings and deductions statements to each employee, was signed by Governor Mike DeWine on January 8, 2025. The bill—called the “Pay Stub Protection Act”—will be effective 90 days after it is signed and filed with the Secretary of State.

Under the bill, an employer must provide each employee with a written or electronic statement or access to a statement of the employee’s earnings and deductions for each pay period on the employer’s regular paydays. If an employer does not provide a statement or access to a statement, an employee can make a written request to the employer, who must answer that request within ten days.

The Ohio Poverty Law Center supported this legislation and provided testimony in both the House and Senate. We were pleased that this common-sense legislation was approved at the end of the last session.

Our Policy Priorities for 2025

At the start of each new two-year legislative session, we identify our policy and advocacy priorities to help Ohioans living and working in poverty. Based on issues identified by our legal aid colleagues and the current political climate, this session we will work to make meaningful progress in the following policy areas:

Protecting and expanding tenant rights by establishing a statewide process to seal eviction records and increasing transparency on property ownership and their representatives.
Reducing lead poisoning by increasing resources for prevention, remediation, and treatment, and giving the Ohio Department of Health the authority to oversee contractors engaging in lead remediation.
Reducing the impact of medical debt by prohibiting credit reporting of medical debt, prohibiting filing an execution or attachment against a consumer’s principal residence, and capping interest rates, while including meaningful language access for limited English proficiency population.
Expanding the reach of Legal Aid by increasing resources for their work.
Giving kinship care providers tools to enroll children in school and consent to medical care by expanding the use of the grandparent Power of Attorney and Caretaker Affidavit to other qualified caretakers.
Ensuring parents know their rights when considering using an EdChoice voucher by requiring the Ohio Department of Education and Workforce to create a disclosure form that outlines the differences in rights and responsibilities for students with disabilities between public and private schools.

In addition to our proactive advocacy work, we will keep our eyes open for policies that could reduce access to public benefits and weaken tenant rights.

DECEMBER 2024 NEWSLETTER

Fri, 20 Dec 2024 21:05:55 GMT

Fewer Debt-Related Driver’s License Suspensions Starting in 2025

Our priority legislation to reduce debt-related driver’s license suspensions made it over the finish line in the final hours of the legislative session and awaits a signature from Governor Mike DeWine.

In Ohio, one million drivers currently have suspended driver’s licenses. Approximately 60 percent of these suspensions are the result of debt-related and issues other than dangerous driving. With the inclusion of the provisions from Senate Bill 37 , House Bill 29 became the bill that removes these suspensions.

The legislation goes a long way toward ensuring that a person’s ability to pay a fine or fee should not determine whether they are free to drive. In fact, the bill will help hundreds of thousands of Ohioans get their licenses back immediately and dramatically reduce the number of suspensions in the future.

We are grateful for the leadership of SB 37 sponsors Senator Louis Blessing III (R-Colerain Township) and Senator Catherine Ingram (D-Cincinnati) as well as Senate Judiciary Chair Nathan Manning (R-North Ridgeville).

Among other changes, the bill:

Eliminates the driver’s license suspension for failure to pay a court fine or fee.
Applies the removal of license suspensions for failure to pay a court fine or fee both retroactively and automatically, without imposition of reinstatement fees.
Removes the possible penalty of a driver’s license suspension for a drug abuse offense, unless the offense relates to causing others to use, manufacture, or traffic and the offender used a vehicle to further the commission of the offense.
Reduces the lookback period for driving without insurance offenses to be considered repeat offenses from five years to one year.
Eliminates school truancy as a reason for license denial or suspension.
Authorizes a person whose driver’s license is suspended for failure to pay child support to file a motion with a court for limited driving privileges in all circumstances, not just when the motion is made during contempt proceedings as under current law.

OPLC led the Return to the Road Campaign and coalition. The two-year campaign involved partners from all parts of the state and varying political ideologies. Together, we educated lawmakers, partners, and the media.

Some of the work included:

Creating district factsheets using the Legal Aid Society of Cleveland’s research in its Road to Nowhere Report .
Media outreach resulting in coverage, op-eds, letters to the editor across the state.
Testimony from more than 30 proponents in the Senate and 26 in the House.
Dozens of lawmaker meetings, hundreds of email messages, postcards, community forums, and sign-on letters.

But most importantly, we focused on how this policy change would improve the lives of Ohioans who have been shouldering the burden of debt-related driver’s licenses. A valid driver’s license is essential to participating in Ohio’s economy and earning the money necessary to resolve existing debt.

Employers Will Be Required to Provide Paystubs

House Bill 106 , the “Pay Stub Protection Act,” which will require employers to provide earnings and deductions statements to each of the employer's employees, was approved by the legislature and now goes to Governor Mike DeWine for his signature.

House Bill 106 requires an employer to provide each employee with a statement or access to a statement of earnings and deductions for the pay period, which would provide much-needed reassurance to working Ohioans. Not only would these statements be used to ensure accurate wages for hours worked, but individuals would also have the documentation that they need for many additional economic needs.

Pay statements are often needed to verify income in numerous situations, such as renting an apartment or purchasing a house, as well as credit and loan applications and verifying eligibility for benefits and other safety net programs. By creating an opportunity for Ohioans to have their pay statements readily available, House Bill 106 will significantly reduce challenges faced when individuals are navigating these complex situations. There will be fewer barriers to overcome and substantial reductions in the time spent by agencies and individuals in managing these programs.

OPLC was one of two organizations that provided proponent testimony on this bill.

Happy New Year

Thank you for all of your support during 2024. We look forward to working with you in the new year. Happy Holidays!

NOVEMBER 2024 NEWSLETTER

Tue, 12 Nov 2024 21:52:28 GMT

General Assembly Election Highlights

Half of the Senate and all 99 House seats were on the ballot in the 2024 General Election. The 136th session of the General Assembly will start in January when members will be sworn in for their new terms.

While Ohio Republicans dominated the races at the top of the ticket, Democrats gained two seats in each state legislative chamber.

House Republicans will keep their supermajority with 65 seats to the Democrats' 34 seats. Democrats picked up one seat in Franklin County with Grove City Council member Mark Sigrist winning an open seat in the southern portion of the county and flipped another seat in the Toledo area where Erika White beat Republican Josiah Leinbach (the seat currently held by Derrick Merrin).

There will be 25 new faces in the House with 14 new Republicans and 11 new Democrats. Two familiar faces will also be seated—Senator Matt Huffman (R-Lima) is moving from the Senate to the House and former State Representative Mike Dovilla (R-Berea) is returning.

Republicans also maintained control of the Ohio Senate, securing a 24-9 majority. The Democrats flipped two seats including Representative Willis Blackshear’s win in Dayton’s 6th District, and Representative Beth Liston’s win in Franklin County.

Five current Representatives will be moving to the upper chamber in January and Kyle Koehler (R-Springfield), a former state representative, will return to the Statehouse representing the 10th District.

Lame Duck Session Ahead

Lame duck. You might have heard this term come up in the last several weeks. What is it? What will we be working on?

In Ohio, state legislative sessions last two years. This current session ends on December 31. Lame duck is a term used to describe the approximately six-week period between Election Day and the start of the new legislative session in January of the following year. During this time when most Ohioans are planning for the holidays and taking time off, the Ohio General Assembly gears up. Lame duck is the last opportunity for lawmakers to pass legislation before the session ends. Any bill that is not approved “dies” and must be reintroduced next term.

OPLC’s highest priority for the remaining session days is to finish our work on Senate Bill 37 —legislation that limits driver’s license suspensions to violations that involve unsafe driving. SB 37 passed the Senate in June. For more information about the issue and the SB 37 visit our Return to the Road campaign page .

Ohio’s Child Poverty Rate Was 17.7 Percent in 2022, According to New Report

Ohio’s poverty rate was 13.4 percent in 2022 and the state’s child poverty rate was 17.7 percent, according to the latest State of Poverty Report from the Ohio Association of Community Action Agencies.

While the state’s overall poverty rate is the same as last year’s report for 2021, this is slightly higher than the national poverty rate of 12.6 percent.

Nearly a fifth of Ohio children under six were living in poverty in 2022, according to the report. About 18 percent of Ohio children ages 6 to 11 were living in poverty and 15.9 percent of Ohio children ages 12 to 17 were living in poverty.

This year’s report focused on poverty’s effect on children—particularly when it comes to housing, food insecurity, and health care.

Housing. Almost a fourth of Ohio children (23 percent) live in cost-burdened households, meaning they spend more than 30 percent of their income on housing. Slightly more than half of Ohio children (53 percent) living in low-income households are cost-burdened, which puts them at a higher risk of dealing with housing insecurity. There are only 79 affordable and available units per 100 renter households for people who are at or below 50 percent area median income.

Food insecurity. The overall food insecurity rate for Ohio is 11.8 percent and the food insecurity rate for Ohio children is 14.8 percent, according to the state of poverty report. The pandemic-era expansion of SNAP benefits ended in February 2023—meaning about 1.5 million Ohioans are receiving less money for food, according to the report. On top of that, there are nearly 300 fewer WIC-authorized vendors in Ohio than there were in 2015.

Van Wert County has no WIC vendors at all. Cuyahoga County has 42 fewer WIC vendors and Franklin County has 30 fewer WIC vendors compared to 2015.

Healthcare. More than 86,000 Ohio children were unenrolled in Medicaid programs between March and September 2023. 4.6 percent of Ohio children are uninsured.

Ohio has a high infant mortality rate. The state’s overall infant mortality rate was 7.0 in 2021 and 14.2 for Black babies , according to the Ohio Department of Health. Infant mortality rate among Medicaid births (9.4) was nearly twice private insurance births (4.8), according to the poverty report.

Ohio has 13 maternity care desert counties, meaning there is limited or no access to maternity health care services. There have been 28 closures of providers of labor and delivery services since 2014, according to the Ohio Hospital Association.

Other key data points from the report:

Scioto County in Southern Ohio had the highest overall poverty rate with 21.8 percent and the highest family poverty rate with 18.3 percent
For highest overall poverty rate, next was Athens County (21.6 percent), then Vinton County (20.9 percent) and Gallia County (20 percent).
Cuyahoga County’s overall poverty rate was 16.6 percent, Hamilton County’s was 15.6 percent and Franklin County’s was 15.1 percent.
When it came to the highest family poverty rate, Pike County had 16.6 percent, Adams County had 14.8 percent and Lawrence had 14.2 percent.
Black Ohioans have the highest poverty rate at 25.9 percent, followed by Hispanic/Latinos at 22 percent.

Excerpts from an article by Megan Henry reported in the Ohio Capital Journal .

OCTOBER 2024 NEWSLETTER

Tue, 15 Oct 2024 20:02:41 GMT

Ohio ARPA Tracker Pivots from Appropriation to Expended Funds

ARPA Spending Spotlight: Lead Remediation

With our urging, Ohio invested $150 million in lead poising prevention. This one-time investment is allowing the Ohio Department Development to bolster the trained workforce to safely do lead remediation work and build up the lead remediation workforce. To date, 3,392 contractors have been trained, and several capital assistance grants have been awarded to help contractors purchase the tools and supplies they need to perform lead remediation work. With these funds, lead remediation has happened in more than 100 homes and two congregate care facilities. Other funds are going directly to counties to increase their capacity to address lead exposure in their communities.

Lead Poisoning Prevention Week

October 20-26 is National Lead Poisoning Prevention Week, designating a time to highlight how national, state, and local governments work together to reduce childhood exposure to lead.

Every state has challenges when it comes to lead poisoning prevention, but Ohio has particularly significant hurdles. Ohio has over two million homes built before 1978 when lead paint was still being used, with an estimated 427,000 children under the age of six living in these homes. These children are at risk for lead exposure and poisoning. Ohio children also test positive for elevated blood lead levels at twice the rate of the national average.

The allocation of ARPA funds and other investments by Ohio’s policymakers shows the state’s commitment to keep children safe and healthy.

SEPTEMBER 2024 NEWSLETTER

Mon, 16 Sep 2024 20:25:42 GMT

“Justice On Tap” 15th Anniversary Celebration Wrap-up

Thank you for helping us celebrate OPLC’s 15th anniversary last week. We had a great turnout from friends, partners, and supporters from all parts of the state! The energy in the room was contagious as we gathered in support of our collective mission and work to reduce poverty and increase justice.

With your help, we surpassed our fundraising goal of $10,000! From event sponsors and hosts and attendees to those who purchased raffle tickets or “pulled” a bottle of wine, your support means so much.

The 50/50 raffle winner was former OPLC staff person, Sarah Biehl. Congratulations!

While we celebrated our work to improve policies for low-income Ohioans and marginalized communities, we still have much work to do.

If you were not able to make it, or you missed out on that 50/50 raffle, it is not too late to support the event and our mission . As OPLC’s Board Chair, Alicia Williamson, noted that night, “You’re part of a movement that’s creating real change for people who need it most.”

The Supreme Court of Ohio Reentry Task Force Recommendations Release

The Supreme Court of Ohio formed a Reentry Task Force to study the challenges individuals face after incarceration. The Committee started meeting in April 2023 and released its report and recommendations last week. Zack Eckles, senior policy advocate for OPLC, was one of 39 task force members.

The report makes 16 recommendations to support holistic approaches for improving outcomes for formerly incarcerated individuals. The report notes that interventions addressing health, employment, housing, skills development, mentorship, and social networks contribute significantly to a formerly incarcerated person’s success after leaving prison or jail.

The task force recommendations include several issues that are important to OPLC’s work including:

Review Driver’s License Policies. The Ohio Department of Public Safety should consider reviewing amnesty requirements for potential reductions and waivers, partnering with the Supreme Court to promote statewide amnesty days for driver’s license reinstatement fees, and collaborating with the Ohio Poverty Law Center and the Office of the Ohio Public Defender to explore alternatives for drug offense-related suspensions and registration prohibitions.
Enact Clean Slate Legislation. Ohio should consider enacting legislation to join the Clean Slate Initiative, a national effort to create automatic record clearance for eligible individuals.
Ensure Identification Document Access. Ohio should consider enacting legislation to ensure access to state identification cards, driver’s licenses, birth certificates, and social security cards upon release. In the alternative, the Ohio Department of Public Safety, the Ohio Department of Rehabilitation and Correction, the Ohio Department of Health, and the Social Security Administration should continue the current efforts aimed at ensuring access. Jails should also consider this practice as well.

JULY 2024 NEWSLETTER

Mon, 08 Jul 2024 19:32:38 GMT

Increasing Options to Seal Criminal Records Continue to Receive Bi-Partisan Support

Ohio’s first criminal record sealing law was enacted in 1974 and was left nearly untouched for more than 40 years. In recent years, however, few substantive areas of the law have received more bipartisan support and changes than criminal record sealing and reentry. From 2018-2022 the legislature enacted numerous bills that increased both the kinds of records and the number of records that could be sealed (for more details and analysis on this, see Is Expanding Eligibility Enough?: Improving Record Sealing Access and Transparency in Ohio Courts ). The 135th General Assembly has continued this effort with a slate of criminal justice reform bills that are moving through both chambers of the legislature.

House Bill 460 has the potential to be the most transformative piece of criminal record sealing legislation currently under consideration. Sponsored by Representative Bill Seitz (R-Cincinnati) and Representative Brett Hillyer (R-Uhrichsville), HB 460 would require the Bureau of Criminal Investigation (BCI) to work with courts across the state to automatically seal criminal records once they become eligible, no longer requiring individuals to file an application. After courts complete the significant undertaking of sealing all the existing criminal records currently eligible to be sealed, BCI would provide them with monthly reports of records newly eligible for automatic sealing. Despite the expedited process, HB 460 still includes judicial review of each record and allows prosecutors to object to a sealing. The bill has had three hearings in the House Criminal Justice Committee and is supported by a range of interests including the Ohio Chamber of Commerce, the Ohio Business Roundtable, and the Catholic Conference of Ohio, among other organizations who have been advocating for the expansion of record sealing.

Senate Bill 214 , sponsored by Senator Stephanie Kunze (R-Dublin), was favorably voted out of the House of Representatives on June 26 and was sent to Governor Mike DeWine to be signed into law. The legislation will expand the ability of human trafficking victims to expunge records of conviction for a misdemeanor, fourth-degree felony, or fifth-degree felony. SB 214 will allow a survivor to have those records expunged if they are able to demonstrate by clear and convincing evidence that their participation in the offense that is the subject of the application was a result of having been a human trafficking victim.

Senate Bill 198 , sponsored by Senators Nathan Manning (R-North Ridgeville) and George Lang (R-West Chester), was unanimously voted out of the Senate on June 26 and now awaits a committee assignment in the House. The legislation would also require inmates released from a term of imprisonment for a felony offense are provided documentation that will assist them in obtaining post-release employment, such as a copy of the vocational training record of the inmate, the work record of the inmate, a certified copy of their birth certificate, their Social Security card or a replacement Social Security card of the inmate, and an identification card or temporary identification card issued by the Ohio Bureau of Motor Vehicles (BMV).

Finally, House Bill 50 was signed into law and will be effective on September 18, 2024. This legislation, sponsored by Representative Latyna Humphrey (D-Columbus) and Representative Bill Seitz (R-Cincinnati), creates a mechanism by which an individual may obtain a certificate of qualification for housing that may provide relief from certain bars on housing, including collateral sanctions.

Join Us for "Justice On Tap" at Seventh Son Brewery!

JUNE 2024 NEWSLETTER

Mon, 17 Jun 2024 20:02:27 GMT

In this Issue: Senate Unanimously Approves of Senate Bill 37 to Limit Debt-Related Driver’s License Suspensions | Funding for Medical-Legal Partnerships Among Provisions to Address Infant and Maternal Health Approved by the House

Senate Unanimously Approves of Senate Bill 37 to Limit Debt-Related Driver’s License Suspensions

After a year and a half of deliberation and compromise in the Senate Judiciary Committee, Senate Bill 37 was unanimously voted out of Committee on May 22, 2024, and then unanimously voted out of the Senate later the same day. In its current form, SB 37 would:

Eliminate the driver’s license suspension for failure to pay a court fine or fee.
Apply the removal of license suspensions for failure to pay a court fine or fee both retroactively and automatically, without imposition of reinstatement fees.
Remove the possible penalty of a driver’s license suspension for a drug abuse offense, unless the offense relates to causing others to use, manufacture, or traffic and the offender used a vehicle to further the commission of the offense.
Reduce the lookback period for driving without insurance offenses to be considered repeat offenses from five years to one year.
Authorize a person whose driver’s license is suspended for failure to pay child support to file a motion with a court for limited driving privileges in all circumstances, not just when the motion is made during contempt proceedings as under current law.

The Ohio Poverty Law Center led a coalition of organizations from across the ideological spectrum to expand the scope of the legislation and move it through the Senate process. If enacted, SB 37 would help hundreds of thousands of low-income Ohioans trapped by a license suspension that prevents them from driving to work.

We are grateful for the hard work of the bill sponsors Senator Louis Blessing (R-Colerain Township) and Senator Catherine Ingram (D-Cincinnati), as well as the Senate Judiciary Committee Chair Nathan Manning (R-North Ridgeville), to get this important legislation out of the Senate. We will continue to work with the sponsors as hearings on SB 37 begin in the House Homeland Security Committee.

Funding for Medical-Legal Partnerships Among Provisions to Address Infant and Maternal Health Approved by the House

In long-awaited action, the Ohio House of Representatives approved House Bill 7 during its June 12 meeting. Introduced early in 2023, HB 7 went through two committees and saw several changes on its road to House approval.

Rep. Andrea White (R-Kettering) and Rep. Latyna Humphrey (D-Columbus) introduced the infant and maternal health proposal to address Ohio’s abysmal record on maternal and infant health. It was first heard by the House Families and Aging Committee and was then sent to the House Finance Committee.

Over the past year and a half, the bill saw many changes—several of its original provisions were included in the operating budget. As passed by the House, the bill:

Sets up a grant program to fund Medical-Legal Partnerships. The new program is funded with $1 million per year.
Invests in the Healthy Beginnings at Home program to expand its reach to support stable housing for pregnant mothers.
Appropriates money to support the creation of a mobile application that provides resources to pregnant and postpartum women in Ohio who are Medicaid-eligible.
Expands early childhood mental health services.
Requires the Ohio Department of Health to determine the feasibility of incorporating a variety of changes to the Special Supplemental Nutrition Program for Women, Infants and Children (WIC) enrollment and benefit distribution processes.
Makes changes to Help Me Grow, a parent support program, to streamline intake and referral system.
Requires health plans to cover hearing aids for persons 21 years of age or younger.

The Ohio Poverty Law Center advocated for the passage of HB 7 and used it as an opportunity to educate lawmakers and partners about the success of Medical-Legal Partnerships (MLPs). MLPs link the expertise of healthcare providers and legal professionals to address legal issues that adversely affect the health of patients or increase health care utilization. In MLPs, medical and legal professionals collaborate on training, referrals, screening tools, and sharing case and outcome data. Legal Aid attorneys can assist patients in achieving better health outcomes by providing them with the necessary legal services to address issues related to housing, public benefits, custody, domestic violence, and education.

MAY 2024 NEWSLETTER

Mon, 13 May 2024 19:15:55 GMT

In this Issue: Bill Introductions Follow Senate Select Committee on Housing Report | Bills Introduced that Could Hinder and Help Ohioans Receiving Benefits

Bill Introductions Follow Senate Select Committee on Housing Report Release

On Wednesday, April 17, the Senate Select Committee released its recommendations to address Ohio’s housing crisis. Many of the issues that were raised by legal aid testimony at the regional hearings are included in the report. The lengthy report concludes with 32 recommendations including acknowledging the need for eviction record sealing and landlord transparency to help tenants.

The Committee, which is now a standing committee, will consider legislative proposals based on the recommendations. While some of these proposals may advance more quickly, others are not expected to have any movement until at least 2025.

Four bipartisan bills were introduced to address some of the recommendations—all co-sponsored by Senators Michelle Reynolds (R-Canal Winchester) and Hearcel Craig (D-Columbus).

Senate Bill 243: Zoning Regulations

The full language for this bill has not been introduced yet, but we can expect more to come in the form of an eventual amendment addressing local zoning regulations that impede the development of housing.

Senate Bill 244: Property Tax Exemptions

Another one of many property tax bills now in the legislature, SB 244 authorizes local governments to create residential stability zones where homeowners may qualify for a partial property tax exemption.

Senate Bill 245: Eviction Defense and Mediation

This legislation contains several pieces intended to keep tenants housed. It establishes an eviction defense fund, increases the availability of mediation, provides additional opportunities for continuances in evictions, and creates a uniform process for eviction record sealing.

SB 245 creates an eviction defense fund to provide legal assistance to any person who occupies a dwelling with at least one child under a claim of legal right, other than the dwelling's owner, and whose annual gross income is not more than 250 percent of the federal poverty line for the size of the individual's family.

There are also enormous changes to the availability of mediation during an eviction. SB 245 would allow either party to “demand nonbinding mediation” any time after a complaint is filed and before trial proceedings commence. Upon such a demand, the court “shall” appoint a mediator, and the mediation shall be conducted and concluded within 50 days after the complaint was filed.

To ensure parties can avail themselves of these protections, SB 245 also adds two instances under ORC § 1923.08 in which continuances can be granted for more than eight days:

If the defendant is entitled to legal representation from the Eviction Defense Fund and has not yet entered into an attorney-client relationship, they could receive a stay of 14 days to find one.
If either party demands mediation, the court shall enter a stay of up to 50 days.

Finally, SB 245 also creates a uniform process to seal an eviction record. Individuals could file a motion to seal their record if the action was dismissed, judgment was granted for the defendant, judgment was granted for the plaintiff and at least five years have passed, the plaintiff consents to the sealing, or at the judge’s discretion.

Senate Bill 249: Grants for Mortgage, Property Tax, and Utility Bills

SB 249 would provide a homeowner who makes less than $75,000 per year and is sixty-five years or older, disabled, or a caretaker of an individual who is disabled, the opportunity to apply for a grant of up to $3,000 to pay delinquent mortgage, property tax, or utility bills.

Bills Introduced that Could Hinder and Help Ohioans Receiving Benefits

Senator Tim Schaffer (R-Lancaster) introduced Senate Bill 240 on April 9, which would make various changes to public assistance benefits programs which could make it harder for families to access food, medical, and child care assistance. Changes include:

Removes the ability for Ohio to suspend the three-month time limit on Supplemental Nutrition Assistance Program (SNAP) benefits for people in communities experiencing high unemployment
Removes the ability for Ohio to identify vulnerable groups of Ohioans—beyond those included in federal law—who need SNAP for more than three months out of every three years
Requires certain recipients with a prior drug felony conviction to be subject to random drug testing even after completing all court-related requirements
Makes it harder for hospitals to get reimbursed for care they provide to patients who are qualified but not currently enrolled in Medicaid
Increases paperwork burdens on caseworkers and Medicaid enrollees.

Supporters of the bill suggest that these changes will weed out ineligible people and prevent fraud. However, many of the provisions in the bill could keep eligible Ohioans from accessing benefits that they need to support their families.

In the Ohio House of Representatives, different approaches to public benefits are being discussed.

Representatives Dan Troy (D-Willowick) and Jay Edwards (R-Nelsonville) introduced House Bill 428 which would establish a supplemental food assistance benefit for households that include an individual who is 60 years of age or older to ensure a minimum monthly benefit of $50.

Representatives Dontavius Jarrells (D-Columbus) and Josh Williams (R-Sylvania) introduced House Bill 464 on March 27 to establish the 'A HAND UP' pilot program (Actionable Help And New Dignity for Upward Progression).

The ‘A HAND UP’ pilot is a three-year program to assist participants in transitioning into the workforce as they become ineligible for public assistance benefits. The pilot program would provide participants with a stipend, provided on a sliding scale, to pay health care insurance premiums and deductibles or childcare expenses.

APRIL 2024 NEWSLETTER

Mon, 08 Apr 2024 18:45:30 GMT

In this Issue: Driver's License Campaign Updates | OPLC Unveils 2023 Annual Report | A New Look for OPLC

Driver’s License Campaign Updates

On February 28th the Senate Judiciary Committee held its fifth hearing on Senate Bill 37 . OPLC submitted proponent testimony alongside the Fines and Fees Justice Center, the R Street Institute, and the City of Columbus. All written testimony that was submitted can be found here and video of the hearing here .

Following the hearing, the Committee adopted an amendment to SB 37 that would take a step backward on some of the changes to non-compliance suspensions but would also improve the license forfeiture suspension changes. The amendment reverts the non-compliance suspension provisions standardizing reinstatement fee of $25 back to the as-introduced version of the bill that would keep the high reinstatement fee schedule of $40 for a first offense, $300 for a second offense, and $600 for a third offense but reduce the window for offenses to be considered repeat offenses from five years (current law) to one year.

Although the non-compliance changes were a step back, the amendment also takes two steps forward with changes to license forfeiture suspensions. The amendment requires the Registrar of Motor Vehicles to automatically remove driver's license suspensions and any associated motor vehicle registration suspensions that were imposed for the failure to appear for a minor misdemeanor or failure to pay a fine or fee (rather than the person applying for the removal). This provision is a tremendous step in ensuring Ohioans will reap the benefits of SB 37.

No opponents provided testimony during the February hearing so, as the legislature returns to work now that the March primary is over, we hope that SB 37 will be well-positioned to be voted out of Senate Judiciary Committee in April or May. We are encouraging supporters to contact the Chair of the Committee, Senator Manning, to ask that he move SB 37 out of Committee as-is.

In more driver’s license news, the Federal Reserve Bank of Cleveland released its report, “Providing Labor Market Context for Debt-Related Driver’s License Suspensions in Ohio.” The report found that “DRS have the potential to significantly impact Ohio’s labor force. For example, if just half of those with a DRS were to comply, the impact statewide could result in a potential loss of over 830,000 working or work-seeking individuals from the labor force.” Please take a look at the full report here .

OPLC Unveils 2023 Annual Report

A New Look for OPLC

You may have noticed a new look as part of this newsletter. Just last week we “unveiled” our new logo and branding. With our umbrella organization changing its structure to Legal Aid of Southeast and Central Ohio, we refreshed our look to better align with its new branding.

MARCH 2024 NEWSLETTER

Wed, 03 Apr 2024 18:00:24 GMT

Senate Select Committee on Housing Wraps Up Its Hearings

Created to learn what additional steps the state can take to encourage homeownership while removing barriers that entrepreneurs encounter as they work to revitalize our neighborhoods, the Senate Select Committee on Housing started its work in August 2023. After 10 meetings, including field hearings in Cincinnati, Marietta, Lima, and Cleveland, the Committee is working to compile its findings. OPLC and the Coalition for Homelessness and Housing in Ohio worked with the Tenant Protection Roundtable and advocates across the state to submit recommendations to the Committee as it prepares to issue its final report. The recommendations include:

Create a uniform process for eviction record sealing.

An eviction record can have significant negative consequences for a person’s credit and ability to find safe and secure housing even if the eviction was dismissed, was not the fault of the tenant, or occurred many years earlier and is no longer indicative of their ability to pay rent. A 2020 study of over 3.6 million administrative eviction court records from 12 states found that, on average, 22 percent of eviction records contain ambiguous information on how the case was resolved or falsely represent a tenant’s eviction history. Furthermore, from 2010-2020, The Supreme Court of Ohio reports an average of 24,485 eviction cases are dismissed per year in Ohio. In our competitive housing market, tenants need a pathway to seal old or misleading eviction records. Ohio should join Indiana, Illinois, Minnesota, New York, Maine, Washington, Oregon, Colorado, California, and Nevada in enacting statewide legislation to ensure more reasonable access to records that can jeopardize someone’s housing stability for decades.

Support local efforts to hold irresponsible out of state LLC landlords accountable through reasonable transparency and rental registries.

Few issues were raised more frequently during the Select Committee hearings than the challenges faced by tenants and local governments when seeking accountability for irresponsible out of state investors and absentee landlords. Ohio should empower local governments to solve these problems by enacting legislation similar to the transparency provisions of Senate Bill 76 and supporting local rental registries. When local governments and tenants are able to identify who actually owns rental properties in their communities, they can hold those parties responsible for conditions standards, ORC 4735.02 real estate licensing requirements, and more. Locals can also use rental registries as the foundation for programs to reward good landlords, like Tulsa, Oklahoma’s Gold Star Landlord Program.

Fund and support access to counsel pilot programs to keep families housed and save community resources.

A 2023 study of evictions in Hamilton County found that only seven percent of tenants were represented by counsel compared to 93 percent of landlords and that tenants who had counsel had an 84 percent lower risk of receiving an eviction order than tenants who lacked legal representation. This disparity in representation is widespread. To address this imbalance, Cleveland City Council passed an ordinance in 2019 funding access to counsel for families facing eviction who are at or below 100 percent of the federal poverty level with at least one minor child in the household. An independent evaluator estimated in a 2022 report that between July 1, 2020 and December 31, 2022, Cleveland and Cuyahoga County likely realized economic and fiscal benefits of between $11.8 million and $14 million as a result of the Right to Counsel program. Over the same period, the total investment in Right to Counsel was $4.5 million, resulting in an estimated return on investment between $2.62 and $3.11 per dollar invested. Increasing access to counsel for tenants helps prevent unnecessary evictions, keeps families housed, and saves community resources. Ohio should fund more access to counsel pilot programs across the state.

Make the tenant application process more affordable by restricting unnecessary junk fees and adopting legislation like Colorado’s HB23-1099 that allows tenants to use the same credit report for multiple rental applications as long as it is less than 30 days old.

Empower Ohio tenants with the ability to save their tenancy from an eviction for non-payment if they are able to make their landlord financially whole at the eviction hearing.

Protect tenants from substandard living conditions in neglected properties in rural areas where there’s no code enforcement office to turn to by strengthening statewide habitability standards.

We look forward to working with our partners and the General Assembly to increase affordable and safe housing options across the state.

FEBRUARY 2024 NEWSLETTER

Wed, 03 Apr 2024 17:55:10 GMT

Combatting Ohio’s High Rate of Lead Poisoning

Ohio is among the worst when it comes to childhood lead poisoning. In fact, Ohio has the second highest number of children testing positive for elevated blood lead levels in the country.

Ohio’s high rate of lead poisoning among children is a result of exposure to lead. Currently, more than two-thirds of the state’s housing stock was built before 1980. Homes built before 1980 have a much higher chance of containing lead hazards including lead-based paint. More than 427,000 children under the age of six live in these homes. In addition, Ohio has the second highest number of lead service lines in the country, which can mean that the water flowing through these lines is not safe to drink.

Elevated levels of lead in the blood can lead to health and social issues including developmental delays, decreased bone and muscle growth, and speech and language problems. A study conducted by Case Western Reserve University found that children with elevated blood lead levels were less likely to be ready for kindergarten, less likely to be reading at grade level, more likely to interact with the juvenile justice system and be incarcerated as an adult, and more likely to need public benefits once they become adults.

While lead poisoning is a risk for many children, Black and Brown and low-income children are more likely to experience it.

Through our work and the work of partners, more light has been shed on this issue and the state’s leaders are responding.

In December 2022, the Ohio General Assembly appropriated $150 million of American Rescue Plan Act dollars for lead poisoning prevention following several years of increased but modest investments in prevention, intervention, and treatment. The new Lead Safe Ohio Program, which is part of Governor Mike DeWine's ongoing efforts to make more of Ohio's homes lead-safe for children and families, will invest that $150 million toward state and local efforts to prevent lead poisoning and remediate homes of contamination.

In January, Representative Andrea White (R-Kettering) and Representative Rachel Baker (D-Cincinnati) introduced House BiIl 388 which allows the Ohio Department of Health (ODH) to oversee the enforcement of the Renovation, Repair, and Painting Rule (RRP). RRP has been a federal rule since 2010 and requires contractors who are doing repair, renovation, or painting work in a home built before 1978, to do so in a manner that is lead safe and does not spread lead dust or paint chips. The rule is supposed to encourage safe working practices so that children are not incidentally exposed to paint dust or chips and poisoned. It is a key component in the primary prevention approach to lead poisoning. Unfortunately, due to lack of dedicated resources, the U.S. Environmental Protection Agency’s enforcement of the rule is haphazard, and the agency often misses violations. States have the option of enforcing the rule, and 14 states have taken that option. Gov. DeWine has asked that the authority be given to ODH and HB 388 would do that. We support this bill and look forward to educating lawmakers on the importance of RRP and the benefits of statewide enforcement.

Just last week, the Ohio House of Representatives took an important step toward lead-free drinking water by passing House Bill 226 sponsored by Representative Dontavius Jarrells (D-Columbus) and Representative Monica Robb Blasdel (R-Columbiana County). HB 226 would allow utility companies regulated by the Public Utilities Commission of Ohio (PUCO) to replace customer-owned water service lines and recoup the cost later. Conversely, customers who replace their water service lines can be reimbursed for that work. Replacing water service lines can be expensive, especially for low-income households. By allowing a water company to perform the replacement and recoup the cost over time, we can help ensure that more Ohioans have access to safe drinking water. The bill still needs to be considered by the Senate.

These investments and policy changes will help keep kids safe from lead exposure. Lead poisoning is a problem we can and must fix.

JANUARY 2024 NEWSLETTER

Mon, 22 Jan 2024 20:14:39 GMT

New Study Shows Ohio Has the 15th Most Regressive State and Local Tax System

The Institute on Taxation and Economic Policy (ITEP) released its 2024 Who Pays? Report . The report is an analysis of the tax systems in all 50 states and assesses the progressivity and regressivity of state tax systems by measuring the effective and state and local tax rates.

According to ITEP, Ohio has the fifteenth most regressive state and local tax system in the county making income disparities larger after state and local taxes are collected than before. Ohioans in the bottom 20 percent of earners pay 12.7 percent of the family income in taxes, compared to 6.3 percent for those in the top one percent of earners. Sales and excise taxes and property taxes hit the lowest earners the hardest.

This is not news to us or our Legal Aid partners. We have been advocating for tax policy changes that would ease the burden on low-income Ohioans, including a refundable state earned income tax credit and property tax relief for seniors on fixed incomes.

The General Assembly created a new study committee to examine property tax issues. We hope the committee will examine the property tax burden on low- and fixed-income Ohioans.

Federal Legislators Introduce Tax Relief for American Families and Workers Act of 2024 Expanding the Child Tax Credit

The framework for the Tax Relief for American Families and Workers Act of 2024 was released last week by Sen. Ron Wyden (D-Oregon) and Congressman Jason Smith (R-Missouri). The legislation was introduced as H.R. 7024 on January 17, 2024.

This legislation expands the child tax credit for three years and allows families with multiple children to take advantage of the credit. While smaller than the child tax credit expansion that expired at the end of 2021, the proposal focuses on getting more of the credit to the roughly 19 million children who currently get a partial credit or none at all because their families’ incomes are too low. The current cap for the refundable child tax credit is $1,600. That amount would increase to $1,800 in tax year 2023, $1,900 in tax year 2024, and $2,000 in tax year 2025, and begin adjusting for inflation in 2024.

According to the Center on Budget and Policy Priorities, in the first year, about 16 million children under 17 in families with low incomes who don’t now get the full credit would benefit. This includes nearly 3 million children under age 3.

The bill also increases the Low-Income Housing Tax Credit (LIHTC), which provides tax incentives for providing rental housing for lower-income people. Estimates show that the expansion of LIHTC would enable the construction of more than 200,000 affordable housing units.

The U.S. House Ways and Means Committee voted 40-3 to advance the Tax Relief for American Families and Workers Act of 2024 on January 19, 2024.

Joint Committee on Property Tax Review and Reform Holds First Meeting

The Joint Committee on Property Tax Review and Reform was created during the last biennial budget ( House Bill 33—135th General Assembly ) and will be jointly chaired by Rep. Bill Roemer (R-Richfield) and Sen. Louis Blessing (R-Colerain Township). The committee will produce a report making recommendations on reforms to Ohio’s property tax law no later than December 31, 2024. The goal is to review all aspects of Ohio’s property tax law including levies, exemptions, and local political subdivision budgeting. Other members include Sens. George Lang (R-West Chester), Sandra O’Brien (R-Ashtabula), Hearcel Craig (D-Columbus), and Bill DeMora (D-Columbus), as well as Reps. Tracy Richardson (R-Marysville), Tom Young (R-Washington Township), Daniel Troy (D-Willowick), and Bride Rose Sweeney (D-Westlake).

On January 10, 2024, the committee heard testimony from the Legislative Service Commission (LSC) and Department of Taxation (ODT). LSC discussed the development of property taxes, valuation, how property taxes are levied and authorized, credits, reductions, and exemptions, and ODT focused on ODT's function in property tax administration in relation to local control.

The committee will be meeting next on Wednesday, January 24, 2024, to hear invited testimony from County Auditors’ Association of Ohio and Ohio Board of Tax Appeals and can be watched live on www.ohiochannel.org .

DECEMBER 2023 NEWSLETTER

Mon, 18 Dec 2023 20:50:47 GMT

Expanded Debt-Related Driver’s License Suspension Legislation Gets First Hearing

Supporters of bipartisan Senate Bill 37 , legislation to overhaul the law on driver's license suspensions, visited the Ohio Statehouse on Wednesday to call for swift passage of the bill. SB 37 received its first hearing in the Senate Judiciary Committee since the sponsors introduced the substitute version of the bill, significantly expanding its scope.

Anne Sweeney from Legal Aid Society of Cleveland told the Committee, “Over the last few years, I have been talking about debt-related driver’s license suspensions with many different groups of people, and two things are always true. First, people are shocked to learn that Ohio takes away a person’s license for failure to pay money. Second, people cannot believe how many debt-related suspensions Ohio imposes annually. The scale of the problem is truly staggering.”

The Committee also received written proponent testimony from representatives of OPLC, Southeastern Ohio Legal Services, The Legal Aid Society of Greater Cincinnati, Neighborhood Connections, Americans for Tax Reform, Advocates for Basic Legal Equality, the Justice Action Network, the R Street Institute, Americans for Prosperity-Ohio, the Fines and Fees Justice Center, the ACLU of Ohio, the Prison Fellowship, the Ohio Manufacturers' Association, and the Ashtabula County Prosecutor's Office.

There was also testimony submitted by several Ohioans who have been negatively impacted by debt-related driver’s license suspensions. Theresa Smith wrote, “I try to do the right thing. I follow the law. I worked all my life. I just retired earlier this year after working as a receptionist for my church. But when my license was suspended, I was overwhelmed with stress. I was facing impossible choices. I either had to drive to work or lose my job.”

You can find all of the written testimony submitted to the Committee here . The Senate Judiciary Committee, along with the rest of the legislature, will take a holiday break before coming back in 2024.

You can join our campaign and find more details about debt-related driver’s license suspensions and how they affect your community at our Return to the Road Campaign webpage .

Senate Select Committee on Housing Tour Continues

The Senate Select Committee on Housing continued its tour across the state this month as it held hearings in Marietta and Lima.

Housing advocates from across Southeast Ohio presented testimony to the Committee on December 4 highlighting the lack of affordable housing in the region and the urgent need for investment. Peggy Lee of Southeastern Ohio Legal Services told the Committee, “We have had many clients lose their [housing] vouchers after waiting months or years to get them because either they were unable to find anything available that was within the maximum rent limits, or they were refused by landlords who told them they would not accept HUD vouchers.”

During the hearing in Lima, the Toledo Lucas County Homelessness Board told the Committee, “On any given night, nearly 700 individuals experience homelessness in Lucas County, while nearly 4,000 people experience homelessness over the course of the year. Lucas County has seen rates of unsheltered homelessness double over the past 5 years.”

The Select Committee will likely hold at least one more remote hearing in Cleveland before returning to Columbus, though a date and time has not been announced yet. The final purpose of the Committee also has yet to be announced. The Committee could provide a report on its findings from the testimony it has taken and disband, or it could begin considering legislation.

School Expulsion Bill Gets Minor Fixes

House Bill 206 creates a new path for a superintendent to issue an expulsion for “imminent and severe endangerment to health and safety” of students or school personnel. An expulsion could last up to 180 days and be renewed in 90-day increments indefinitely. A psychiatric assessment would be required before a student could return to school.

We are concerned that the lack of adequate definitions and other provisions in the bill could lead to unequal treatment for students. The Ohio Department of Education reports that Black male students are 4.5 times more likely to have a disciplinary action leading to out-of-school suspension or expulsion than white male students. Black female students faced seven times more out-of-school suspensions than white female students and were suspended at a higher rate for subjective behavioral violations like dress code or insubordination. Although students with disabilities represented just 16 percent of Ohio students, these students were disproportionately suspended for more non-violent infractions compared to their peers without disabilities. Students who are expelled are more likely to drop out of high school and more likely to face incarceration.

Through testimony and one-on-one meetings, we offered suggestions to provide better definitions, limit subjectivity, and protect students’ rights. A substitute bill was introduced that defined “imminent and severe endangerment” and removed cost-sharing requirements for third-party mental health assessments. The bill was approved by the House Primary and Secondary Education Committee on November 28, 2023. Although we still have concerns with the bill, our advocacy led to significant improvements, and the sponsor has committed to continue to work with us.

NOVEMBER 2023 NEWSLETTER

Wed, 22 Nov 2023 20:02:41 GMT

All Signs Are Go For Driver's License Suspension Bill

In Ohio, one million drivers have their licenses suspended. Approximately 60 percent of all driver’s license suspensions are the result of debt-related and other issues rather than dangerous driving. A person’s ability to pay a fine or a fee should not determine whether they are free to drive.

Ohio is on its way to joining more than 20 states that have already moved away from these debt-related penalties.

Today, the Ohio Senate Judiciary Committee adopted a substitute version of Senate Bill 37, sponsored Senators Louis Blessing, III (R-Colerain Township) and Catherine Ingram (D-Cincinnati), that will limit driver’s license suspensions to convictions related to dangerous driving.

The updated bill language includes a number of changes that will benefit low-income Ohioans including:

Eliminating the government’s authority to revoke, suspend, or refuse to renew a person’s driver’s license for failure to pay court fines and fees and for failure to appear in court when the offense does not carry the possibility of jail or prison time.
Eliminating judgment suspensions, which currently allow private parties to submit civil judgments to the BMV to suspend a person’s driver’s license until they pay a civil debt.
Eliminating security suspensions which, along with judgment suspensions, are another way private parties utilize the BMV and driver’s license suspensions as debt-collection tools.
Requiring reinstatement of a driver's license that wassuspended for failure to provide proof of financial responsibility after the person provides such proof, pays a reduced $25 reinstatement fee, and pays the $10 deputy registrar fee.
Eliminating the requirement that a person whose license was suspended for failure to provide proof of financial responsibility continually files such proof for three to five years after the offense (a.k.a. a SR-22 certificate).
Eliminating the random selection insurance verification provision. While the program ended in 2019, the new provision automatically terminates ongoing suspensions and waives the associated reinstatement fees.
Making changes to driver’s license suspensions related to default on child support payments, including extending the compliance deadline to 45 days, and requiring petitions for limited driving privileges to be granted if petitioner meets all the requirements.

When a state’s public policy acts as a barrier to a person reaching their full potential, the long-term consequences impact individuals, families, and their communities at large. A valid driver’s license is essential to participating in Ohio’s economy and earning the money necessary to resolve existing debt.

The Ohio Poverty Law Center encourages the Senate Judiciary Committee to move forward with passage of Substitute Senate Bill 37 before the end of the year to ensure driver’s license suspensions are limited to those convictions related to dangerous driving.

You can join our campaign and find more details about debt-related driver’s license suspensions and how they affect your community at our Return to the Road Campaign webpage .

OCTOBER 2023 NEWSLETTER

Thu, 12 Oct 2023 17:53:53 GMT

The General Assembly Is Back in Session. Here's What We're Watching.

After a summer break, lawmakers are back at the Statehouse for hearings and votes. While most of our work in the first half of the year focused on the state budget, we are now turning our attention to several bills and issues that impact low-income Ohioans. Here is what we are keeping our eyes on:

Senate Select Committee on Housing. Ohio Senate President Matt Huffman (R-Lima) recently created the new housing committee “to learn what additional steps the state can take to encourage homeownership while removing barriers that entrepreneurs encounter as they work to revitalize our neighborhoods.” The Committee, chaired by Senator Michelle Reynolds (R-Canal Winchester) has had four hearings and heard from a number of interested parties including the Legal Aid Society of Columbus. The Committee is planning on scheduling hearings across the state in the coming weeks. The Committee intends to issue a report based on the information they gather during its hearings.

Senate Bill 37. SB 37 , sponsored by Rep. Louis Blessing (R-Colerain Township) and Rep. Catherine Ingram (D-Cincinnati), changes how driver’s licenses can be suspended for certain drug offenses and failure to pay child support. It also changes the penalties for failure to provide proof of financial responsibility. OPLC and the Return to the Road Campaign have been working with the bill sponsors to broaden the legislation to eliminate debt-related driver’s license suspensions. We anticipate additional hearings on SB 37 in the Senate Judiciary Committee. To join our campaign efforts, add your organization’s name to our sign-on letter.

House Bill 7. Also known as the Strong Foundations Act, House Bill 7 would address maternal and infant mortality and improve health and developmental outcomes. Among other provisions, the bill, introduced by Rep. Andrea White (R-Kettering) and Rep. Latyna Humphrey (D-Columbus), would also create a grant program to provide funding for Medical-Legal Partnerships (MLP). HB 7 received a second hearing before the House Finance Committee on October 4, where OPLC and other organizations provided proponent testimony. Interested party and opposition testimony are scheduled for October 11 at 10 a.m.

House Bill 206. HB 206 would create a new class of school expulsion for “imminent and severe endangerment to health and safety” of students or school personnel. The new class of expulsion can be up to 180 days and renewed in 90-day increments indefinitely. A psychiatric assessment would be required before a student could return to school. HB 206 received sponsor testimony in June and is scheduled to have proponent testimony this week. OPLC has been meeting with legal aid and other partners to better understand the potential impact of the bill and is reaching out to House Primary and Secondary Education Committee members to share these concerns.

Questions? Email us at info@ohiopovertylaw.org .

A Couple Billion Here, A Couple Billion There: Where Have All of Ohio's COVID Relief Dollars Gone?

info@ohiopovertylaw.org (OPLC Admin) — Mon, 18 Sep 2023 16:15:38 GMT

Advocates for Ohio's Future and Ohio Poverty Law Center Release Report on Ohio's Share of Federal COVID Relief

(Columbus) Today Advocates for Ohio’s Future (AOF) and Ohio Poverty Law Center (OPLC) released an overview of American Rescue Plan Act spending based on updates to their ARPA tracker website detailing state and local expenditures through August 2023.

Through a combination of state legislation and actions by the Controlling Board, Ohio has appropriated its $5.4 billion in American Rescue Plan Act (ARPA) State Fiscal Recovery Funds (SFRF). The last $445 million was appropriated in the state’s two-year budget, House Bill 33. The budget sent more resources to water and sewer projects and pediatric behavioral health care, and an investment in career technical facility expansions.

More than one-fourth of Ohio’s Funds was sent to the Unemployment Compensation Trust Fund to pay down the debt accrued to keep unemployment solvent during the pandemic. It was Ohio’s first and largest single appropriation. A close second in terms of total spending includes the nearly $1.2 billion appropriated for water and sewer infrastructure grants.

The APRA tracker not only details appropriations but also the spending of these funds. ARPA funds need to be appropriated by December 31, 2024 and spent by the end of 2026.

“While all of the funds have been appropriated, just half of the money has been granted, distributed, or spent,” said Sarah Hudacek, Interim Director of AOF. “Ohio still has a lot of work to do to get these dollars out the door.”

Counties, municipalities, and townships who received Local Fiscal Recovery Funds (LFRF) have the same deadlines to appropriate and spend the money. The ARPA tracker details how counties and cities in eight of Ohio’s major metropolitan areas have spent their money.

“Our tracking of local expenditures shows that funds were used to stabilize budgets and invest in community nonprofits serving residents in their communities,” said Susan Jagers, Director of OPLC.

The full report can be found here: A Couple Billion Here, A Couple Billion There . AOF and OPLC will continue monitoring expenditures and updating OhioARPATracker.org .

SEPTMEBER 2023 NEWSLETTER

info@ohiopovertylaw.org (OPLC Admin) — Mon, 11 Sep 2023 18:25:12 GMT

Join the Campaign to End Debt-Related Driver’s License Suspensions

The Ohio Poverty Law Center is working as part of a broad coalition to support legislation that would end debt-related driver’s license suspensions in the State of Ohio, and we need your help!

A person’s ability to pay a fine or a fee should not determine whether they are free to drive. But the Legal Aid Society of Cleveland’s Road to Nowhere Report found that in Ohio, approximately 60% of all driver’s license suspensions are based on a person’s failure to pay money owed to a court, the Ohio Bureau of Motor Vehicles (BMV), a private third party, or failure to appear in court.

The Road to Nowhere Report also found:

Ohio drivers face more than 3 million debt-related suspensions annually.

Debt-related suspensions substantially burden Ohio communities with an average outstanding total debt each year of over $920 million.
Debt-related suspensions happen across Ohio but at a higher rate in urban areas.
Debt-related suspensions cost residents of Ohio’s highest-poverty zip codes an average of $7.9 million each year.
Debt-related suspensions cost residents of Ohio’s zip codes with the highest percentages of people of color an average of $12 million each year.

More than 20 states have passed reforms to eliminate or significantly reduce debt-related driver’s license suspensions based on fines and fees. Unfortunately, Ohio is not yet one of these states. The Ohio Poverty Law Center is partnering with the Fines and Fees Justice Center and the Free to Drive Campaign, and national, state, and local stakeholders, to ask the Ohio Legislature to end debt-related suspensions in the state.

Please take a moment right now to add your organization to our sign-on letter to end debt-related suspensions in the state of Ohio and help more Ohioans get back on the road.

Housing in Short Supply

Housing is a basic human need, and it plays a critical role in shaping the quality of life for individuals, families, and communities. In our last newsletter, we included data from the Ohio Housing Finance Agency’s (OHFA) needs assessment showing that Ohio does not have enough housing and the gap between supply and demand is increasing.

As federal COVID relief funds for housing are coming to an end, two agencies issued reports on the impact of mortgage and rental assistance.

OHFA administered the Save the Dream program which included mortgage and utility assistance. OHFA provided more than $197 million in assistance and helped nearly 29,000 Ohio households avoid foreclosure and/or utility shut offs. To date, more than $164 million has been used for mortgage assistance, approximately $82 million for delinquent mortgage payments, and $82 million for future mortgage payments. Going forward, OHFA is only accepting applications for assistance with delinquent mortgage payments subject to available funds. To date, the Utility Assistance Plus program—which helps homeowners pay utility bills, non-escrowed property taxes, and other qualified housing costs—has helped more than 11,000 homeowners, totaling more than $33 million in assistance.

The Ohio Association of Community Action Agencies released a report last week on the impact of emergency rental assistance. The state's network of 47 community action agencies were tasked with distributing $660 million from multiple funding sources to prevent the eviction of low-income people. The report indicates that the $660 million investment of federal emergency rental assistance yielded at least a $3 billion return on investment in Ohio—having positive benefits for renters, landlords, and taxpayers. Survey results show that rental assistance prevented homelessness, allowed families to spend money on food and gas, and stabilized families.

As these programs wind down, housing issues are the focus of a new Ohio Senate committee. The Senate Select Committee on Housing was recently formed to determine the steps the state should take to encourage homeownership. Although the focus is on homeownership, presenters at the first hearing discussed a number of challenges for renters and homeowners due to supply, slow development, and rising rent and housing costs.

The members of the Senate Committee include:

Michelle Reynolds (R-Canal Winchester), Chair
Terry Johnson (R-McDermott), Vice-Chair
Louis W. Blessing (R-Colerain Township)
Andrew Brenner (R-Delaware)
Hearcel Craig (D-Columbus)

The Committee will continue to have hearings in Columbus and plans on traveling to hear housing challenges from different communities across the state.

AUGUST 2023 NEWSLETTER

Mon, 14 Aug 2023 20:56:45 GMT

Ohio Fairness Act Introduced

Ohio Senate Minority Leader Nickie Antonio (D-Lakewood), who is the only LGBTQ+ lawmaker serving in the 135th General Assembly, reintroduced the Ohio Fairness Act. Senate Bill 132 aims to end discrimination against Ohio's LGBTQ+ community by adding sexual orientation and gender identity into Ohio’s existing anti-discrimination law.

The Ohio Fairness Act was first introduced in the General Assembly in 2003. It passed in the House of Representatives in September 2009 but was not approved by the Senate. It has been introduced in each legislative session since. SB 132 has bipartisan support and is co-sponsored by Democratic Senators Hearcel Craig, Bill DeMora, Paula Hicks-Hudson, Catherine Ingram, Kent Smith, and Vernon Sykes; and Republican Senators George Lang and Nathan Manning.

Ohio is one of 27 states without laws protecting individuals from employment, housing, or public accommodation discrimination based on sexual orientation or gender identity.

Ohio Housing Needs Assessment

In July, the Ohio Housing Finance Agency (OHFA) published the findings from its Fiscal Year 2024 Ohio Housing Needs Assessment . The assessment uses a wide range of data to identify the scale and scope of the state’s housing challenges. Among the findings were:

Vacancy rates show a very tight housing market. Homeowner and rental vacancy rates at the end of 2022 were 0.9% and 6.2% respectively, up from the all-time low of 0.4% and 4% in 2021.
Ohio renters are severely cost-burdened by rising rental costs and at risk of eviction and homelessness. When adjusted for inflation, current rents are higher than any other year except 2021.
The gap between supply of affordable housing and demand for affordable housing is widening. There are 447,717 extremely low-income renters in Ohio, but only 177,318 rental homes affordable and available – meaning Ohio’s shortage has now reached 270,399 units.
Ohio’s rate of homeownership is declining and, at the end of 2022, stood at 64%, lower than the national average of 66% for the first time.
The gap between the cost of buying a home and Ohioans’ incomes is also widening. In 2021, the median Ohio home price was 2.6 times the median household income, which is the largest price-to-income ratio since 2005.
More than 400,000 Ohioans of color are housing insecure , which means they live in a household that spends at least 50 percent of its income on housing. Ohio also had the lowest Black homeownership rate in 2021 compared to our neighbor states.

OHFA facilitates the development, rehabilitation, and financing of housing for low- to moderate-income individuals. The needs assessment helps the agency establish its priorities.

JULY 2023 NEWSLETTER

Wed, 05 Jul 2023 15:47:45 GMT

Lawmakers Finalize a $190 Billion Two-Year Spending Plan

Just hours shy of the June 30 deadline, the General Assembly approved House Bill 33, the $190 billion two-year state budget, and granted a three-day extension for the Governor to consider the 6,200-page Act before signing and considering any line-item vetoes.

The Budget Conference Committee had to sort out nearly 900 differences among the Governor’s proposed budget, the House-passed budget, and the Senate’s spending plan.

We are pleased that the final budget compromise included several of our policy priorities including:

Clarifying Ohio’s Nursing Home Patient’s Bill of Rights to include rights already in state and federal law regarding health and safety of resident discharges and requiring the Ohio Department of Health, in hearings regarding a notice of transfer or discharge, to determine if the proposed transfer or discharge complies with the resident’s rights and notification requirements. This will help prevent nursing home residents from being discharged without needed medication and equipment or to a facility that cannot meet their health and safety needs.
Requiring schools to transfer a student’s record within five days of receiving a request. Although the final language allows an exception when there is an outstanding debt of $2,500 attributed to the student, the requirement will ensure that records including course lists, Individual Education Programs (IEPs), and other student assessments will be transferred in a timely manner to ensure teachers have the information they need to provide the most appropriate educational supports.
The General Assembly lowered all reinstatement fees associated with noncompliance driver's license suspensions (i.e., failing to have proof of financial responsibility) to $40, rather than $100, $300, or $600 based on the suspension. While Governor DeWine kept the lowered $40 fee for a first noncompliance suspension, he unfortunately line-item vetoed the language to lower fees for repeat noncompliance suspensions. As a result, the fees for repeat noncompliance suspensions will remain at $300 or $600. The BMV charges fees to reinstate a driver’s license after the conditions of a suspension have been met. These fees are a separate fee from court costs or fines stemming from the underlying offense that caused the suspension.

Many of the budget’s investments and policies are critical for improving health care, food assistance, and housing.

Health Care: Although the final budget did not include Governor Mike DeWine’s proposed expansion of Medicaid coverage to pregnant women and children to 300 percent of the federal poverty level, it does allow continuous Medicaid coverage for children from birth through age three and coverage for Doula services. While the budget included some critical investments for lead poisoning prevention, it failed to include important language to allow the Ohio Department of Health to enforce safe lead-based paint removal and mitigation.
Food Assistance and Supplemental Nutrition and Assistance Program (SNAP): We were pleased that the Conference Committee removed language that would create barriers to SNAP benefits, included funding for free school lunches, and restored funding for foodbanks.
Housing: The Conference Committee removed language that restricted the ability of local governments to operate rental registries and maintained the independence of the Ohio Housing Finance Agency. Unfortunately, funding for the Healthy Beginnings at Home program, which provides housing to improve birth outcomes while reducing the state’s Medicaid spending, was not restored.

While we hoped for more investments and attention to programs that support low-income Ohioans, many of the provisions of House Bill 33 will offer needed support or relief for families struggling to make ends meet.

JUNE 2023 NEWSLETTER

Tue, 13 Jun 2023 18:51:11 GMT

Ohio Senate's Budget Proposal is a Step Backward from the Ohio House of Representatives' Spending Plan

On Tuesday June 6, the Ohio Senate unveiled its version of House Bill 33, the two-year state operating budget, which proposes major changes from the version passed by the Ohio House in April. Many provisions that would support low-income Ohioans were removed or cut in the Senate’s 7,700-page spending plan.

Medicaid: The Senate removed Governor Mike DeWine’s proposed expansion of Medicaid coverage to pregnant women and children to 300 percent of the federal poverty level. The bill removes the House provisions to allow continuous coverage of children from birth through age three and coverage for doula services. In addition, the Senate added a provision directing the Department of Medicaid to seek a waiver to establish work requirements for coverage.
Food Assistance and Supplemental Nutrition and Assistance Program (SNAP): Despite increased need for food assistance at foodbanks across the state and reports of increased food insecurity, the Senate removed funding for foodbanks, eliminated a provision to allow children to receive free lunches at school, and proposes numerous changes to the SNAP that could limit participation in the program.
Housing: The Senate removed funding for an Ohio Low-Income Housing Tax Credit, restricted the ability of local governments to operate rental registries, and cut funding for the Healthy Beginnings at Home program which provides housing to improve birth outcomes while reducing the state’s Medicaid spending.

The Senate will formally approve its spending plan this week. If the House fails to concur to the Senate changes, a conference committee will be named to work out the differences between the plans. OPLC will be asking the conference committee to keep these provisions and protect other policies and investments that support low-income Ohioans. The budget needs to be signed by the Governor no later than June 30, 2023.

Clearing the Road for Ohioans with Suspended Licenses: A Look at Ohio's Reinstatement Fee Amnesty Program

In May, OPLC released our report examining the Ohio Bureau of Motor Vehicles (BMV) Reinstatement Fee Amnesty Program. Since the program began in December of 2020 it has helped 222,716 Ohioans with suspended driver’s license address their reinstatement fees through waivers, reductions, and payment plans.

A valid driver’s license offers the freedom of mobility and the ability to work, which is an essential part of everyday life in Ohio. But, Ohioans can lose their licenses for more than 30 reasons—many not related to unsafe driving. It is no surprise that more than one million drivers have a suspended license, and each driver can have more than one suspension on their license.

Suspensions are administered by the Ohio Bureau of Motor Vehicles (BMV), which levies and collects fees for every suspension. These fees can create huge financial barriers that prevent lower-income drivers from legally driving simply because they cannot afford to.

Recognizing that many lower-income Ohioans were faced with the choice to drive illegally to get to work or lose their ability to provide for their families, Ohio’s lawmakers created a program that provides relief from reinstatement fees. On December 13, 2020, the Reinstatement Fee Debt Reduction and Amnesty Program (Amnesty Program) began. Our analysis shows that the Amnesty Program provided that relief.

The Report’s Key Findings:

222,716 Ohioans received help with reinstatement fees through waiver, reductions, and payment plans.
Lower-income Ohioans participating in the program saved an average of $612 in reinstatement fees.
For Ohioans who had fees reduced, the state collected $23 million—an amount that might not otherwise have been collected without a payment plan.

The full report can be found at www.ohiopovertylawcenter.org/ClearingTheRoad .

MAY 2023 NEWSLETTER

Tue, 09 May 2023 17:31:43 GMT

House-Passed Budget Bill Includes Revisions to Support Low-Income Families

On April 26, the Ohio House of Representatives House approved its version of the budget by a vote of 78-19. As the House was putting its final touches on the 5,700-page budget, the Senate was already beginning its hearings on House Bill 33 .

In addition to increasing funding for legal aid services and foodbanks, the House-passed version of HB 33 includes several important policy changes to support low-income families and children including:

Allowing students who are eligible for reduced-price lunches to receive the meals at no cost.
Expanding eligibility for cash assistance under Ohio Works First to include any eligible pregnant woman—a change from current eligibility, which includes pregnant women who were at least six months pregnant.
Maintaining Governor DeWine’s expansion of Medicaid coverage for pregnant women and children under the age of 19 up to 300 percent of the Federal Poverty Level (FPL) but also requiring the Ohio Department of Medicaid to apply for a waiver to provide continuous Medicaid enrollment for children from birth through three years of age.
Allowing Medicaid to cover doula services.
Establishing and funding a program to address the benefit cliff and support parents as they earn modest wage increases.

As our advocacy turns to the Senate, we will be working to support these important investments and policy changes but also asking the Senate to restore the Governor’s requested funding for lead poisoning prevention, add funding for child care, and support the fair school funding plan.

Strong Foundations Act Recognizes the Role of Medical-Legal Partnerships to Improve Health Outcomes

Maternal and infant mortality continues to be a leading public health crisis in Ohio. According to the Ohio Department of Health, the 2020 infant mortality rate in Ohio was 6.7 per 1,000 live births, higher than the national rate of 5.4 deaths per 1,000 live births. Ohio’s rate among Black infants was 13.6. The infant mortality rate in the Appalachian region of Ohio was 21 percent higher than in the nation as a whole.

House Bill 7, the Strong Foundations Act , addresses many issues that will improve the health and well-being of pregnant women, parents, and children. The bill, introduced by Rep. Andrea White (R-Kettering) and Rep. Latyna Humphrey (D-Columbus), provides funds for Help Me Grow and Healthy Beginnings at Home, which provides stable housing to pregnant women. The bill also makes changes to the Supplemental Nutrition Assistance Program (SNAP) and the Women Infants, and Children (WIC) nutrition program. The proposed changes would make it easier for women to enroll and stay enrolled in these critical nutrition programs that help pregnant women and children thrive.

As a holistic approach to addressing maternal and child health, HB 7 recognizes the critical role that legal services can play to stabilize families and improve health outcomes. The bill includes a grant program to provide funding for Medical-Legal Partnerships (MLP). MLPs integrate the unique expertise of lawyers into health care settings to help clinicians, case managers, and social workers address problems at the root of many health inequities. Lawyers and doctors partner in the healthcare setting to resolve legal problems that adversely affect health an d prevent people from properly accessing health care.

On May 2, Advocates for Basic Legal Equality and the Legal Aid Society of Columbus testified as proponents in the House Families and Aging Committee, sharing legal and health outcomes of the clients they serve through MLPs.

APRIL 2023 NEWSLETTER

sjagers@ohiopovertylaw.org (Susan Jagers) — Thu, 13 Apr 2023 20:25:01 GMT

Students Need Timely Transfer of School Records

Many students change schools or districts because of their parents’ employment opportunities, housing instability, or changes in family or custody arrangements. Highly mobile students are disproportionately more likely to be poor or black. School records—including course lists, Individualized Education Programs (IEPs), and other student assessments—are vital for administrators, teachers, and students. When a student changes schools or districts, it is important that these records follow the student in a timely manner.

But, that does not always happen, and the consequences for students can be serious. Teachers and school personnel may not be able to meet students’ needs. Students may spend weeks in an inappropriate classroom setting or without supportive services. In some cases, parents have had to seek help from legal aid attorneys to get records transferred.

Senate Bill 66 seeks to address this issue by requiring public and private schools to transmit a transferred student's record within five school days.

SB 66 is at the top of our list of advocacy priorities. OPLC testified in support , and we are working to educate committee members about the importance of this common sense policy.

Why Are Timely School Records Transfers Important?

A student in northeast Ohio returned to his old school district after being in an alternative placement due to previous behavioral incidents. While in his alternative placement the student had an Individualized Education Program (IEP) along with a corresponding Evaluation Team Report (ETR) that had information regarding his behavioral issues, a behavior goal, and outlined effective de-escalation techniques. While waiting for the records to transfer, the student was suspended six times.

OPLC, Partners Call on Ohio to End Debt-Related Driver’s License Suspensions

Ohio is one of a shrinking number of states across the country that still imposes debt-related driver’s license suspensions. These are suspensions that result from failing to pay fines or fees, as opposed to driving dangerously.

According to the Legal Aid Society of Cleveland’s 2022 Report, Road to Nowhere: Debt-Related Driver’s License Suspensions in Ohio , approximately 60% of all Ohio driver’s license suspensions are based on a person’s failure to pay money owed to a court, the Ohio BMV, or a private third party. The Road to Nowhere Report also found:

Ohio drivers face over 3 million debt-related suspensions annually.
Debt-related suspensions substantially burden Ohio communities with an average outstanding total debt each year of over $920 million.
Debt-related suspensions occur across Ohio but at a higher rate in urban areas.
Debt-related suspensions cost residents of Ohio’s highest poverty zip codes an average of $7.9 million each year.
Debt-related suspensions cost residents of Ohio’s zip codes with the highest percentages of people of color an average of $12 million each year.

These are shocking numbers in a state in which the ability to drive is essential to economic participation. Without a driver’s license most people cannot get to work, access medical care, or buy groceries. These barriers are especially difficult to overcome for rural Ohioans, who live in areas where commutes are longer and there is no public transportation available. Taking away a person’s driver’s license for failure to pay a debt can trap Ohio drivers in a counterproductive scenario in which they cannot afford to pay their debt in order to get their driver’s license back but cannot legally drive to work to earn the money needed to absolve their debt.

The Ohio Poverty Law Center is partnering with the Fines and Fees Justice Center and the Free to Drive Campaign to eliminate debt-related driver’s license suspensions and standardize reinstatement fees in Ohio. In recent years more than 20 states have passed reforms to eliminate or significantly reduce debt-related driver’s license suspensions based on fines and fees. Ohio driver’s license suspensions should be reserved for convictions related to dangerous driving, never for non-payment.

MARCH 2023 NEWSLETTER

Fri, 17 Mar 2023 16:33:52 GMT

OPLC's 2022 Annual Report

Budget Priority: Medicaid Coverage

Ohio’s Medicaid program provides health care access and related supportive services to more than 3.4 million Ohioans, including children, pregnant women, adults, seniors, and individuals with disabilities. More than half of Ohio births are covered by Medicaid, and more than 1.3 million children access health care services through Medicaid.

Governor Mike DeWine’s proposed budget builds on progress in the last budget that included the expansion of coverage to new mothers for 12 months postpartum and funding for initiatives including OhioRISE which seek to improve care and prevent custody relinquishments for children with complex health care needs.

The current budget proposal includes expanding Medicaid coverage to include pregnant women and children up to 300% of the federal poverty level. This change will cover an additional 30,000 children and an estimated 3,500 pregnant women.

The budget also completes the full implementation of the Next Generation of Managed Care Program, which includes the continuation of the OhioRISE Program. The Next Generation of Managed Care Program, which began on February 1, 2023, comes with requirements for improved care coordination, streamlined grievances and appeals, and significant investments in social determinants of health.

We are asking the General Assembly to complement Governor DeWine’s proposal by extending continuous coverage for children up to age six. With continuous coverage, once young children are eligible for Medicaid, their parents would not have to worry about re-enrolling them until they start elementary school, making it more likely that these young children will get their regular doctor visits, health screenings, and developmental checks.

FEBRUARY 2023 NEWSLETTER

Tue, 14 Feb 2023 18:24:59 GMT

Budget Priority: Lead Poisoning Prevention

Lead is a toxin, and there is no safe level of lead in the blood. Childhood lead poisoning can cause irreversible brain and nervous system damage leading to learning and behavioral challenges, lower academic achievement, and other poor outcomes. OPLC is working to advance policies that ensure children can grow up free from lead hazards. Governor Mike DeWine has had a long history of championing lead poisoning prevention and that is reflected in his recently unveiled two-year budget proposal .

We will be working with the Administration and lawmakers to support lead poisoning prevention policies in the budget, including:

An increased investment in lead poisoning prevention innovation through the Lead Abatement line item. This line item includes the Lead Safe Home Fund, a program created in the last state budget that allows local communities to apply for funding to start or expand lead poisoning prevention efforts. Governor DeWine’s proposed budget doubles funding for the line item which also supports enforcing lead safe protocols during renovation and repair work.
An expansion of the State Child Health Insurance Program (SCHIP) Lead Program funding for High-Risk Children from the current investment of $5 million to $10 million each fiscal year. The SCHIP Lead Program helps support the removal of lead paint hazards in homes built before 1978 with children under six years old or pregnant women living in them. Currently, there is a significant backlog in the program.
Funds for H2Ohio within the Ohio Environmental Protection Agency to replace lead service lines and support water affordability measures. Ohio currently ranks second in the nation for the number of lead services lines putting Ohioans in danger of ingesting lead through drinking water. Governor DeWine’s proposed budget increase will allow Ohio to continue its progress in locating, mapping, and replacing lead service lines.
An increase of Early Intervention (EI) funding for Lead Poisoned Children to $25 million each fiscal year. Since the end of the pandemic, referrals for early intervention services have increased significantly. EI services support children aged three years and younger who have elevated blood lead levels, including providing social work services focused on mitigating harm from lead exposure. It is critical to support parents and their children during this critical time of development. Since the Centers for Disease Control and Prevention recently reduced the blood level threshold from 5 to 3.5 micrograms/deciliter, more children will qualify for EI services. An increase in funding to $25 million in both fiscal years is necessary to handle the increased need for services.
The creation of a position within the Governor DeWine’s newly proposed Department of Children and Youth to focus on lead poisoning prevention coordination. The new position would be tasked with streamlining communication and collaboration between the various agencies and committees working on lead poisoning prevention to ensure continuity, maximize the impact of public funds dedicated to lead prevention, and improve tracking of the Administration’s progress toward its lead poisoning prevention goals.

The Ohio Poverty Law is proud to co-chair and partner with the Ohio Lead Free Kids Coalition (OLFKC) and to work with the Ohio Children’s Budget Coalition to advocate for these policies and others that will keep children safe and healthy.

Governor DeWine’s Child-Focused Budget Includes Expanding Child Care

Ohio’s publicly funded child care program helps make the cost of child care affordable for working parents. Currently, the program is available to children of working parents at or below 142 percent of the federal poverty level. For a family of three, that annual income threshold is just $32,703. Once in the program, families can continue to participate until their income exceeds 300 percent of the federal poverty level, or an annual income of $69,090 for a family of three.

The average annual cost of infant care in Ohio is $9,697. At the current program eligibility, a parent with two children earning $17 per hour would make too much to qualify for the program and would spend half the family income on child care.

Governor DeWine’s budget proposes increasing eligibility for the program to 160 percent of the federal poverty level. We appreciate the Governor’s proposal to help more families with the cost of child care.

We support the Governor’s proposal and will ask lawmakers to further increase eligibility to 200 percent of the poverty level to help more parents enter or stay in the workforce.

JANUARY 2023 NEWSLETTER

Wed, 11 Jan 2023 19:25:08 GMT

2023 to Bring Opportunities and Challenges

2023 will bring opportunities and challenges for our work to reduce poverty and increase justice by protecting and expanding the legal rights of Ohioans living, working and raising their families in poverty. More than 1.3 million of our friends and neighbors are living in poverty. For many clients who walk through legal aid’s door, the immediate legal problem is not their only challenge. Ohioans are facing food insecurity and housing instability at increasing rates, and reports show an increasing need for mental health support for children.

Ohio will be considering a new two-year state budget in the coming months. As lawmakers debate the best use of the state’s resources, we will educate them on the most pressing needs facing low-income Ohioans. Our work this year will focus on removing barriers to employment, increasing access to healthcare, and supporting policies that help stabilize families. Among our priorities will be eliminating debt-related driver’s license suspensions, improving the process for safe nursing home discharges, and broadening opportunities for eviction expungement. In addition, we will build on our success in streamlining criminal record sealing and reducing collateral sanctions and in funding lead poisoning prevention programs.

We look forward to partnering with you and Ohio’s elected officials to improve policies for low-income Ohioans.

Even if Public Health Emergency Continues, Food Assistance and Medicaid Coverage Will Not

The Families First Coronavirus Response Act, passed in 2020, allowed states to request emergency increased monthly benefits for households participating in the Supplemental Nutrition Assistance Program (SNAP) until the end of either the federal Public Health Emergency declaration or that state’s declaration. As a result, the Ohio Department of Job and Family Services (ODJFS) has been providing enhanced monthly benefits to SNAP households since March 2020. This ensured all households received the maximum benefit for their household size. For households that were already eligible for the maximum allotment, they received an additional $95 per month.

The authority for the SNAP enhanced benefits ended last week when the Consolidated Appropriations Act of 2023 was signed into law. The last month of enhanced benefits is February 2023 , with normal allotments resuming in March 2023. Some households will see their benefits decrease by hundreds of dollars.

During the federal Public Health Emergency, states have been required to maintain continuous coverage by Medicaid and the Children’s Health Insurance Program (CHIP) as a condition of receiving increased federal matching funds.

The Consolidated Appropriations Act of 2023 makes April 1, 2023 the sunset date for the continuous coverage requirement and allows states to initiate redeterminations and end Medicaid coverage for those no longer meeting pre-pandemic eligibility requirements.

Finally, the bill gives the Centers for Medicare and Medicaid Services (CMS) additional enforcement tools, such as the authority to require corrective action plans for states with documented challenges that impact coverage retention and to then stop states from terminating people’s coverage because of procedural issues if the state doesn't take appropriate steps.

DECEMBER 2022 NEWSLETTER

Tue, 20 Dec 2022 20:17:56 GMT

General Assembly Appropriates Most of the Remaining American Rescue Plan State Dollars

In the last hours of the lame duck session, the General Assembly approved appropriations of nearly $1.5 billion of American Rescue Plan Act (ARPA) State Fiscal Recovery Funds.

Armed with their lists of requests, legislative leaders and the administration hammered out an agreement, which outlined spending for capital improvements, workforce development, and other programs to support direct health care workers. Nearly all of the appropriations were amended into House Bill 45 and included some of our priority requests including:

$25 million for to support Ohio’s foodbanks
$150 million investment in lead mitigation programs to help prevent young Ohioans from being exposed to lead hazard
$30 million for County Department of Job and Family Services to assist with Medicaid redeterminations when the public health emergency ends.

Other ARPA appropriations included:

$350 million for nursing facility workforce
$250 million for water and sewer improvement grants
$112 million for school safety improvements
$100 million for rural hospitals
$90 million for mental health crisis infrastructure expansion
$75 million for water and sewer improvements to support the Honda expansion.

Ohio has $416.6 million left in State Fiscal Recovery funds which is about eight percent of the total amount received. For more detailed information on where the money is going, visit www.ohioarpatracker.org .

Expansive Criminal Justice Bill Clears Legislature

One of the most significant bills passed during lame duck was Senate Bill 288 , a criminal justice reform bill. At 1,081 pages long, SB 288 effects nearly every step of the criminal legal system.

SB 288 rewrites Ohio’s criminal record sealing and expungement statutes, streamlining the process and providing much-needed clarity. The simplification makes Ohio’s criminal record sealing laws much easier for Ohioans to navigate without the assistance of counsel. It also makes record sealing applications less expensive for Ohioans. In response to local courts across the state charging exorbitant court fees for record sealing and Certificate for Qualification of Employment (CQE) applications, SB 288 sets a hard cap for these application fees at $50. OPLC advocated for these changes to be included in the bill.

SB 288 also provides increased protections for survivors of domestic violence. Most significantly, it expands the criminal offense of “domestic violence” to explicitly prohibit strangulation of a family or household member and establishes special penalties for violations. Also, while SB 288 generally expands access to criminal record sealing, it specifically prevents the sealing of domestic violence convictions, or the offense of violating a protection order. Finally, in response to some police departments charging service fees to survivors of domestic violence for repeat calls to law enforcement, the bill prohibits a victim of certain criminal offenses from being required to pay reimbursement for the cost of law enforcement assistance.

Finally, SB 288 continues the work of the General Assembly to increase access to occupational licensing by reining in the consequences of collateral sanctions. It creates a moratorium on newly enacted collateral sanctions by stripping licensing authorities from denying a license under any Revised Code section enacted from SB 288’s effective date to two years after the effective date.

NOVEMBER 2022 NEWSLETTER

Mon, 07 Nov 2022 17:10:06 GMT

The End of the Public Health Emergency

Since March 2020, we have been under a Public Health Emergency related to the pandemic. We expect the federal Public Health Emergency (PHE) to expire on January 11, 2023. Many program waivers and broad flexibilities that supported low-income families will expire, too.

One change will come to the Supplemental Nutrition Assistance Program (SNAP) household benefit amount. Under the PHE, nearly all eligible households receive what is called the maximum allotment of SNAP benefits. One month after the end of the PHE, many households will experience a decrease in benefits. The decrease in benefits represents an estimated $120 million per month for Ohio households. Too many Ohioans are experiencing food insecurity because of the high cost of groceries and other household expenses. When the SNAP benefits are reduced, there will be additional strain on our already-overburdened foodbank network.

Another change will impact Ohioans who are insured under the state’s Medicaid program. Under the emergency, there was a commitment that Ohioans would not lose their Medicaid healthcare coverage. When the PHE ends, the Ohio Department of Medicaid will begin to evaluate Medicaid enrollees to re-determine their eligibility. Up to one million Ohioans could potentially lose their Medicaid coverage.

As the health and human services providers prepare for the changes for the clients they serve, we ask that Governor Mike DeWine and the Ohio General Assembly invest American Rescue Plan Act (ARPA) state recovery funds in Ohio's network of foodbanks, healthcare navigators, civil legal aid, county departments of Job and Family Services, and direct service nonprofits.

Open Enrollment Begins for ACA Marketplace Healthcare Insurance

The Affordable Care Act (ACA) Marketplace healthcare insurance enrollment opened on November 1, 2022. For coverage beginning on January 1, 2023, Ohioans should sign up by December 15, 2022. Individuals can enroll at HealthCare.gov or visit CuidadoDeSalud.gov .

Health insurance is expensive and can be hard to afford for people with lower or moderate incomes, particularly if they are not offered health benefits at work. Sliding-scale subsidies to lower premiums and out-of-pocket (OOP) costs are available for eligible individuals.

Get Covered Ohio is a collaborative effort to connect Ohioans to free information and assistance exploring their health insurance options, enrolling in health coverage, and understanding and using their coverage. It is led by the Ohio Association of Foodbanks and includes eight local and regional organizations providing Navigator services.

Ohio Medicaid Next Generation Member Managed Care Plans Rollout

Ohio Medicaid’s final Next Generation phase begins on December 1, 2022, with the managed care plans rollout following the implementation of OhioRISE on July 1 and Centralized Credentialing and the Single Pharmacy Benefit Manager on October 1.

All eligible Ohio Medicaid members have the option to choose their Next Generation managed care plan now through November 30, 2022, by:

Visiting the Ohio Medicaid Consumer Hotline Website at www.ohiomh.com .
Contacting the Ohio Medicaid Consumer Hotline at (800) 324-8680. The Ohio Medicaid Consumer Hotline is available Monday to Friday between 7am and 8pm and Saturday 8am to 5pm ET.

ODM will notify impacted members which plan they have been transitioned to. Members can review and select the Next Generation plan that best fits their healthcare needs at any time through open enrollment through November 30. Newborns and case additions will continue to be added to managed care plans as they become Medicaid-eligible during this time.

Ohio Medicaid members in a continuing plan do not need to do anything and will remain with their current managed care plan. Individuals who are newly eligible for managed care, those who are currently in Medicaid fee-for-service but not enrolled with a managed care plan, and those with a gap in eligibility of 91+ days will receive care paid for through Medicaid fee-for-service until December 1, 2022, when they will be transitioned to an Ohio Medicaid Next Generation plan.

The Next Generation managed care plan changes do not apply to MyCare Ohio plans, which will continue to provide benefits to Ohioans who receive both Medicaid and Medicare benefits, with enhanced coordination or medical, behavioral, and long-term care services. Additionally, OhioRISE enrollees will receive their behavioral health benefits through Aetna and their physical health services through a separate managed care organization or fee-for-service Medicaid.

OCTOBER 2022 NEWSLETTER

Mon, 03 Oct 2022 18:43:22 GMT

Ask the Candidates: How Will You Support Low-Income Ohioans?

As you are probably aware from yard signs popping up and 30-second, slow motion ads, we are well into election season in Ohio. There is much focus on the US Senate contest and the statewide races but importantly, the November 8 ballot will include all 99 Ohio House Districts and 17 of the 33 Ohio Senate Districts.

We are asking candidates to consider issues that impact low-income Ohioans as they campaign this fall. In addition to a general overview of poverty in the state, we provided background information and recommendations on several of our priority issues to all General Assembly candidates. As we go into the final weeks of the campaign, we are asking you to “Ask the Candidate” what they can do to help people in their communities on issues such as increasing access to childcare , stabilizing housing , preventing childhood lead poisoning , and addressing health disparities .

The last day to register to vote is October 11. Election Day is November 8.

Governor DeWine Announces Initiatives to Improve Maternal and Child Health and Support Families

Last Friday, Governor Mike DeWine announced additions to his Bold Beginnings Initiative to remove barriers to health care, ease financial burdens, and support parents. As part of his initiative, Governor DeWine said he will ask the General Assembly to:

Expand Medicaid eligibility to include pregnant women and children in families earning up to 300 percent of the federal poverty level or $69,090 a year for a family of three.
Increase eligibility for publicly funded childcare to 150 percent of the federal poverty level or $34,545 for a family of three. The current eligibility is at 142 percent of the federal poverty level.
Eliminate state and local taxes on diapers, car seats, and other supplies used by families with babies.
Include additional funding in the next budget for public children’s services agencies.

The Governor also committed to expanding programs such as Healthy Beginnings at Home, which connects housing-unstable pregnant women and new mothers with housing and wrap-around supports. These programs have proven successful at reducing infant mortality and improving birth outcomes among the families they serve. Ohio will pursue a federal waiver to provide short-term housing and wrap-around care to pregnant women and new families who are struggling to find stable housing. Additionally, the Governor committed to expanding Healthy Beginnings at Home to more Ohio communities. Along with our partners, OPLC has been advocating for the expansion of the program as part of needed investments in affordable housing.

AUGUST 2022 NEWSLETTER

Tue, 16 Aug 2022 19:58:32 GMT

A Billion Here, A Billion There: Where Have All of Ohio’s COVID Relief Dollars Gone?

Between the CARES Act and the American Rescue Plan Act, state and local leaders were able to decide how to spend more than $15 billion dollars. With our partner, Advocates for Ohio’s Future, we set out to see where the dollars have gone—and share that information with the public, advocates, and the media.

On August 10, we launched a new webpage, www.OhioARPATracker.org , to provide up-to-date information detailing how Ohio is spending federal relief dollars. The webpage houses information on how Ohio spent its Coronavirus Relief Funds from the CARES Act and State Fiscal Recovery Funds from the American Rescue Plan Act (ARPA), and details what resources are still available. The webpage has links to spreadsheets that track appropriations to the penny and answers:

How much money was allocated, for what purpose, and has it been spent to date?
How was the spending authorized?
How much money is left to be allocated at the state and local level?

To put color on the numbers, we also released a report, A Billion Here, A Billion There: Where Have All of Ohio’s COVID Relief Dollars Gone? The report provides an overview of how federal funds have been spent and the process used to appropriate those dollars.

Ohio still has $1.9 billion in state fiscal recovery funds to spend. Our report provides a recommendation on how those dollars should be invested. From support for Ohio’s food banks in the short term and preparing for the end of the public health emergency to addressing lead poisoning prevention, affordable housing, and health disparities, our recommended investments can make meaningful improvements in the health and stability of low-income Ohioans.

Our release was covered in media across the state, shared broadly on social media, and has generated interest in the state’s allocation of funds. Some of the news coverage included:

Ohio Capital Journal: Groups introduce tracker for Ohio’s COVID funds and suggestions for remaining dollars
Ohio Public Radio, Statehouse News Bureau: Advocates warn of ‘COVID cliff’ as Ohio looks to spend remaining federal relief dollars
Cleveland.com: Ohio has spent nearly two-thirds of its ARPA dollars. Here’s where it is going: Stimulus Watch
Spectrum News: Ohio still to use 35% of American Rescue Plan funds

We will be holding a webinar to dive further into the data and report on Friday, August 19 at 10:00 am. Register to join us HERE.

A BILLION HERE, A BILLION THERE: WHERE HAVE ALL OF OHIO'S COVID RELIEF DOLLARS GONE?

Wed, 10 Aug 2022 19:41:30 GMT

A Billion Here, A Billion There: Where Have All of Ohio’s COVID Relief Dollars Gone?

On August 10, we released a report, " A Billion Here, A Billion There: Where Have All of Ohio’s COVID Relief Dollars Gone? ", along with an accompanying webpage— www.OhioARPATracker.org —which houses information on how Ohio spent its Coronavirus Relief Funds from the CARES Act and State Fiscal Recovery Funds from the American Rescue Plan Act (ARPA), and details what resources are still available.

JULY 2022 NEWSLETTER

Tue, 05 Jul 2022 19:23:00 GMT

OPLC Stands with Akron Community in Calling for Accountability in Killing of Jayland Walker

The Ohio Poverty Law Center stands with the Akron community in asking for full and fair investigations and accountability for the death of Jayland Walker. Black Lives Matter. In affirming our commitment to and for Black lives, OPLC stands ready to support and partner with all those committed to racial justice. We pledge to remain vigilant in our commitment to create change.

In support of the Akron co mmunity and the Walker family, OPLC Policy Advocate Tim Johnson (speaking in photo) joined the calls for accountability during Sunday’s Community Peace Rally following the release of the police camera footage.

Continued Strain on Ohio’s Foodbanks Could Be Helped by ARPA Investment

Right now, we are all feeling the sting of rising food prices and supply chain challenges at the grocery store. Costs for basic staples like milk and eggs are skyrocketing. Foodbanks are fighting the same challenges as inflation has increased costs and decreased charitable donations. Ohio’s foodbanks are struggling to meet current demand and need help now to keep food on their shelves. Later this year when the public health emergency ends, food stamp benefits will decrease for families, older adults, and students—putting additional strain on foodbanks and direct service providers.

Recently, foodbanks have announced scaling back services due to high costs and food shortages.

Ohio has $1.9 billion left in flexible state fiscal recovery funds from the American Rescue Plan Act (ARPA). We are asking Governor DeWine to use $50 million in ARPA funds to shore up the food supply at foodbanks now. Additionally, we urge Ohio’s leaders to help their constituents by investing additional ARPA funds in the foodbank distribution network, health care navigators, legal aid services, and direct service nonprofits to prepare for when the public health emergency ends.

The ARPA dollars are meant to help Ohioans and communities recover from the pandemic. In the short-term, our leaders need to use these funds to make sure Ohioans are fed, housed, and have access to health care.

Bill Permits Pregnant Minors to Consent to Their Prenatal or Pregnancy-Related Care

In Ohio, people under 18 who are pregnant and in labor cannot consent to their own health care. They can receive emergency services, but nothing considered to be elective. A pregnant teen cannot consent to prenatal care, an epidural, or a Cesarean section unless the delivery condition is considered a “medical emergency.” This unnecessarily risks the health of the mother and unborn child. Ohio is one of 13 states that has no explicit policy allowing a minor to consent to prenatal and pregnancy-related care.

There are many reasons teens can find themselves alone when they are pregnant. Unplanned teen pregnancy can cause a major disruption in any family, but this disruption is especially severe in low-income families where resources are already spread thin. Unfortunately, it is not uncommon for pregnant teenagers to become estranged from their family or left to care for themselves if the family is unsupportive of the pregnancy.

House Bill 355 , introduced by Represen tatives Kristin Boggs (D-Columbus) and Paula Hicks-Hudson (D-Toledo) would allow a pregnant minor to consent to receiving health care for herself and her unborn child. “Health care,” as used in the bill, means only treatment or services intended to maintain the life or improve the health of either a pregnant minor or the unborn child she is carrying. HB 355 was introduced and referred to the Families, Aging, and Human Services Committee in June 2021, but has yet to be scheduled for a hearing. All expectant mothers should have access to health care and safe delivery options, regardless of their age.

Outreach Needed as SNAP Interim Reports Resume

Supplemental Nutrition Assistance Program (SNAP) interim reports are required for many households six months after an application or recertification. Program participants will be notified by mail if they need to complete a report. The interim report asks about changes to household income, employments, housing, and utility costs.

Interim reports were waived during the pandemic but are set to resume. SNAP recipients and caseworkers who are new to the program since the pandemic began may be unfamiliar with interim reports, so the need for outreach, education, and communication is high. Benefits could be at risk if the interim report is not returned. Our partners have prepared a flyer to help explain the process .

JUNE 2022 NEWSLETTER

josiah@crossbridgemarketing.com (Josiah Martin) — Mon, 06 Jun 2022 19:25:09 GMT

Who Is Being Rescued by Ohio’s American Rescue Plan State Fiscal Recovery Funds?

Last week, $1.31 billion in American Rescue Plan Act (ARPA) funding was allocated in two bills over two days, with only one day of possible public testimony.

Just before being voted out, House Bill 377 was amended in the Senate Finance Committee to include $500 million in ARPA funding for the Appalachian Community Grant Program. The program will award $15 to $30 million in planning grants and will fund development projects focused on infrastructure, workforce, and health care for an underserved area of our state that has been disproportionately impacted by the pandemic. This initiative was announced in Governor Mike DeWine’s State of the State address earlier this year.

An additional $809.1 million in ARPA funding will help fund projects in the Capital Budget, House Bill 687 , which includes:

$100 million to the Facilities Construction Commission for physical school security enhancement grants
$34.15 million for Department of Rehabilitation and Correction institutional upgrades
$50 million to the Department of Natural Resources for construction, improvements, and repairs for water and wastewater facilities
$15 million to the Department of Natural Resources to repair trails and trail facilities, including construction of new trails
$137 million to the Department of Natural Resources for improvements and repairs to state park facilities
$71.7 million to the Department of Agriculture for a new animal disease laboratory
$401.2 million as part of the incentive package to bring Intel to Ohio for local water and sewer infrastructure ($101.2 million) and a water reclamation project ($300 million)

Ohio still has approximately $1.9 billion in State Fiscal Recovery Funds remaining out of the total $5.36 billion Ohio was awarded. These funds must be allocated by the end of 2024 and spent by the end of 2026.

Unfortunately, none of our asks to support legal aid, food banks, health care navigators, affordable housing, and lead poisoning prevention were considered in these bills. We will continue to advocate for funding to support an equitable recovery for all Ohioans.

U.S. Department of Health and Human Services will Extend the COVID-19 Public Health Emergency Past Mid-July

The current public health emergency was extended through July 15, 2022. The U.S. Department of Health and Human Services (HHS) committed to providing the states with a 60-day notice prior to termination or expiration of the declaration. As of May 16th, the 60-day deadline, states had not received notice of expiration indicating that it will be extended beyond July. If renewed for another 90 days, the public health emergency will be extended until October 13th, 2022.

The public health emergency allows for any COVID-19 vaccines or treatments under emergency use authorization (EUA) to continue to be used. As of June 1, 2022, children under the age of five years old remain ineligible for vaccination. The Food and Drug Administration will review data from Pfizer-BioNTech and Moderna regarding EUA for vaccinations in that age group later in June. The Centers for Disease Control and Prevention will sign off on the doses, as done previously with other age groups.

In addition, health care coverage continues to be flexible regarding COVID-19 tests, treatment, and the use of telehealth. More than 400,000 Ohioans may lose Medicaid coverage when the PHE declaration ends. Under the declaration, states were prohibited from disenrolling individuals from Medicaid, even if they became ineligible. Approximately 3.3 million Ohioans were enrolled in Medicaid as of February 2022, an increase from around 2.8 million in 2020.

MAY 2022 NEWSLETTER

josiah@crossbridgemarketing.com (Josiah Martin) — Mon, 02 May 2022 17:33:01 GMT

House Bill 616 Is the Latest Ohio Bill to Target “Divisive Concepts”

Ohio Medicaid Next Generation Program Will Launch with Staggered Timeline

The Ohio Department of Medicaid (ODM) will begin the Next Generation Medicaid program launch on July 1, 2022 with the implementation of OhioRISE. The launch will be followed by other Medicaid programs on a staggered basis in the following months.

The federal public health emergency is anticipated to end in July 2022, overlapping with the Next Generation Medicaid program launch. This staggered rollout will allow ODM to move forward with the launch, while managing potential issues with the other ongoing redetermination processes.

Stage 1 includes the July 1 launch of OhioRISE to provide coordination and specialized services to help children and youth with behavioral health needs who receive care across multiple systems.

Stage 2 will begin in October 2022 with Centralized Provider Credentialing through the Ohio Medicaid Enterprise System Provider Network Management module. The Single Pharmacy Benefit Manager will begin providing pharmacy services across all managed care plans and members during this stage.

Stage 3 concludes the timeline with the seven Next Generation managed care plans beginning to provide healthcare coverage. The Department of Medicaid will also complete the Ohio Medicaid Enterprise System implementation, including the Fiscal Intermediary to streamline the provide process for submitting claims and prior authorization.

Needed Investments to Address the COVID Cliff

APRIL 2022 NEWSLETTER

josiah@crossbridgemarketing.com (Josiah Martin) — Mon, 04 Apr 2022 19:58:13 GMT

2021 Annual Report–By the Numbers

Best Interests of the Child Should Remain the Focus of Custody and Parenting Time Arrangements

Under current Ohio law, a court’s primary focus when dividing custodial rights and parenting time is determining the best interests of the child. A new bill proposes to change that. As introduced, House Bill 508 makes the best interests of the child a secondary consideration for courts and could lead to unjust outcomes for victims of domestic violence and low-income Ohioans.

HB 508 creates a “rebuttable presumption” that equal decision-making and parenting time is in the best interests of the child. A parent would have to overcome a high evidentiary standard to prove that it would be detrimental to the child. OPLC is concerned that standard used to rebut the presumptions of equal time and decision-making rights will be difficult for many pro se litigants to understand and overcome, and it is likely to lead to unjust orders when one party is represented by counsel and the other is not. Additionally, HB 508 would take away necessary discretion from courts, which could result in harmful outcomes for children and survivors of domestic violence. HB 508 would be especially harmful for low-income victims who may not have the resources to challenge an equal-time presumption.

Walk or Run to Support OPLC

MARCH 2022 NEWSLETTER

josiah@crossbridgemarketing.com (Josiah Martin) — Wed, 09 Mar 2022 18:59:22 GMT

House Bill 327 Would Stifle Education and Halt Work to Address Racial Disparities

Take Action to Help Defeat HB 327

Lawmakers are feeling the pressure from opponents of HB 327. We were alerted that the bill might be voted on this week in Committee and on the House floor. As of now, the bill has NOT been scheduled for a hearing. Click here to let your state representative know that you oppose this legislation .

Support our work to defeat HB 327 by making a donation.

FEBRUARY 2022 NEWSLETTER

josiah@crossbridgemarketing.com (Josiah Martin) — Tue, 08 Feb 2022 16:17:25 GMT

New Broadband Affordability Program Launches

Senate Will Consider Criminal Justice Reform Bill

Last week, Senate Bill 288 was introduced by Senator Nathan Manning (R-North Ridgeville). The bill addresses recodification of the criminal code, sentencing, collateral sanctions, and expungement issues. It makes changes to many portions of the criminal code including criminal record sealing. Among other changes, the bill would:

Streamline the sealing process, creating one pathway to sealing
Allow an individual to apply to seal one or more felonies of the third degree three years after final discharge, one or more felonies of the fourth or fifth degree or one or more misdemeanors one year after final discharge, and minor misdemeanors six months after final discharge
Require the court to hold a hearing not less than 45 days and not more than 90 days from the date of the filing of the sealing application
Allow a judge to expunge the record instead of seal it if necessary.

The bill addresses court-ordered driver’s license suspensions for specific criminal offenses. For example, the bill removes a license suspension as a sanction for the offense of “attempt.”

Many of the provisions of the bill have been previously considered but not enacted. Senate President Matt Huffman hopes to complete the work on this 1,800-page bill before the end of the current session.

JANUARY 2022 NEWSLETTER

josiah@crossbridgemarketing.com (Josiah Martin) — Tue, 04 Jan 2022 17:51:47 GMT

We Have A Lot To Do in 2022

OPLC NOW HIRING FOR POSITION OF POLICY ADVOCATE

jspicer@oslsa.org (Justin Spicer) — Wed, 08 Dec 2021 17:10:52 GMT

Job Opening: Policy Advocate

OPLC is actively seeking a dedicated, professional Policy Advocate to advocate for legislative and administrative policies that protect and expand the legal rights of low-income Ohioans and focus on increasing access to health care, stabilizing families, and expanding justice and opportunity.

In this role, you will be responsible for engaging with legislative, administrative, and executive governmental staff in a positive and solutions-oriented manner to advance OPLC’s strategic goals. Advocacy with OPLC includes traditional activities such as lobbying and public education as well as capacity building, relationship building, forming networks and leadership development.

For more information on the position, including duties, qualifications, and application instructions, click here .

DECEMBER 2021 NEWSLETTER

Mon, 06 Dec 2021 17:32:56 GMT

New Report Shows Ohio Failing to Protect Wages from Creditors

With many Ohio families struggling to recover from the economic fallout of the COVID-19 pandemic and many protections coming to end, Ohio can play a vital role in protecting households from seizure of wages and property to pay old debts.

Every state has a set of debt collection exemption laws intended to prevent creditors from pushing families into destitution. A November 2021 report from the National Consumer Law Center, examined these state laws based on five criteria. Ohio, while earning a C grade overall failed in protecting wages from garnishment. Additionally, Ohio barely received passing grades for allowing a person to keep a used car of at least average value and for protecting a basic amount in a person’s bank account from a creditor.

The effects of COVID-19 will make families increasingly vulnerable to the seizure of essential wages, savings, and vehicles. By updating its exemption laws, Ohio can prevent creditors and debt buyers from reducing families to poverty.

Ohio’s Report Card from NCLC’s No Fresh Start in 2021 Report

We received an outpouring of support on #GivingTuesday. Your support allows us to continue to be a strong voice for low-income and marginalized Ohioans. We are grateful for your support.

Happy Holidays from the Ohio Poverty Law Center team!

NOVEMBER 2021 NEWSLETTER

Tue, 02 Nov 2021 15:53:11 GMT

American Rescue Plan State Recovery Funds Can Make a Crucial Difference in Addressing Longstanding and Pandemic-Induced Hardships

The American Rescue Plan Act (ARPA) is an extraordinary response to the health and economic impact of the COVID-19 pandemic. It is also an opportunity to begin undoing longstanding racial and economic inequities that the pandemic exposed and worsened.

How our elected officials choose to spend the funds—and what complementary policies they put in place for the long term—will make a crucial difference in limiting pandemic-induced hardships and building a more equitable recovery.

Ohio has already received $2.7 billion of its allocated $5.4 billion in ARPA State Fiscal Recovery Funds. In June, the Governor and General Assembly approved spending $1.8 billion of the first payment. The allocations—to the unemployment compensation trust fund, water and sewer infrastructure, and pediatric behavioral healthcare—were approved without the opportunity for public input or feedback.

This historic opportunity to invest in people, communities, and infrastructure deserves a robust planning process drawing on experts, state and community leaders, and people most harmed by the pandemic. The spending of the State Fiscal Recovery Funds should complement and support the ARPA’s other funding streams, maximize other federal and local resources, and take a long-term view for recovery.

We are asking Governor Mike DeWine and the General Assembly to establish a transparent, public process for determining the best use of these funds for an equitable recovery for all Ohioans.

As part of its planning process, Ohio should consider the best ways to address economic and health racial disparities, improve access to behavioral health services, increase childcare capacity and access for Ohioans returning to work, expand access to high-speed broadband, and address Ohio’s affordable housing crisis.

In addition, we are asking Ohio’s leaders to direct funds to help with specific, pressing issues including:

Outreach for the Child Tax Credit. In March, Congress temporarily expanded the child tax credit in the American Rescue Plan. In July, families began receiving monthly child tax credit payments. While many families are receiving the expanded child tax credit checks automatically because they filed a tax return in 2020 or 2019 or signed up to receive stimulus checks, there are unfortunately many Ohio families who are eligible for but are missing out on the child tax credit because they are unaware or unable to access the new benefits. We support the Ohio Children’s Budget Coalition’s proposal to invest $10 million in ARPA funds to hire and train child tax credit navigators to assist families to enroll in the expanded tax credit. A short-term navigator program will provide significant returns for Ohioans—simultaneously helping Ohio’s families put food on the table and fueling local businesses.

Reduce Lead Exposure. Lead poisoning is costing our state billions in poor health and lost productivity. There is no safe level of lead in the human body, yet each year thousands of children all across the state of Ohio are poisoned by lead. In 2019 alone, approximately 3,500 children in Ohio had elevated levels of lead in their blood. A recently released report from JAMA Pediatrics found that Ohio had the second-highest rate of children with elevated blood lead levels in the nation. We support the Ohio Lead-Free Kids Coalition request that $500 million in State Recovery Funds be dedicated to residential lead abatement and lead hazard control across the state over the next two fiscal years.

Support for Local Emergency Rental Assistance Programs.  Between the Consolidated Appropriations Act and the ARPA, Ohio will receive $1.4 billion for emergency rent and utility assistance. The dedicated Emergency Rental Assistance (ERA) funding from the Consolidated Appropriations Act went either directly to cities and counties with larger populations or was sub-granted by the state to community action agencies serving smaller jurisdictions. The distribution of this much-needed assistance for eligible renters and property owners has been a challenge for many local agencies. They are overwhelmed with applications and staffing shortages. These barriers could put the dollars at risk while the need for assistance remains high. Ohio should dedicate either State Fiscal Recovery Funds or a portion of the ARPA ERA dollars toward a state-level support system for housing stabilization and a streamlined process across jurisdictions. Ohio could help communities respond to questions, process applications, and ensure dollars are getting in the hands of those who are at risk of eviction.

We urge Ohio’s leaders to immediately begin a public planning process to ensure Ohio’s Fiscal Recovery Funds are used to support a strong and equitable recovery for all Ohioans.

Eviction Expungement Legislation Hears from Proponents

The Senate Judiciary Committee heard proponent testimony on Senate Bill 158 , to create statewide eviction expungement. Proponents, including legal aid attorneys, spoke of the need for eviction expungement in rural Ohio because of the difficulties in finding new housing that is affordable and safe. One attorney noted that “…[T]his issue is so pervasive that tenants I have worked with decided to voluntarily vacate rather than fight a possibly defensible case because they are so fearful of having an eviction on their record.”

They also testified that urban areas such as Columbus and Cleveland have eviction-sealing court rules, allowing for individuals in those cities to seal prior evictions. Enacting statewide eviction expungement legislation would level the playing field for all Ohioans seeking safe and affordable housing.

OCTOBER 2021 NEWSLETTER

Wed, 13 Oct 2021 15:47:54 GMT

Landslide Victory for Early Voting

The Ohio Poverty Law Center published its analysis of the 2020 General Election turnout in Ohio. The report, Landslide Victory for Early Voting: Ohio’s 2020 General Election , says that despite the COVID-19 pandemic, Ohio recorded an historic number of voters, largely spurred by early voting options.

Nearly 74 percent of registered Ohio voters turned out to vote in November 2020 resulting in the highest number of voters—nearly six million—in the state’s history. Much of that success can be attributed to expanded access to nontraditional voting methods, such as voting by mail, the use of drop boxes, and in-person early voting. In 2020, 36 percent of Ohio voters cast their ballots by mail or used secure drop boxes and nearly 23 percent voted in person before Election Day.

The report includes national census data that shows disparities in voter turnout related to income, race, age, and educational attainment were stark. State-level data shows that in Ohio, women voted at a higher rate than men, and voter turnout was higher among white Ohioans than Black or Hispanic voters.

Ohio continues to see disparities in turnout and registration by race, income, and education levels, which means those pulling the lever for our elected officials are not representative of the broader population of eligible voters.

The report analyzed Ohio voter turnout for the November 2020 General Election and found:
–Nearly 3.5 million Ohioans—or 58 percent of voters—voted before Election Day using mail-in ballots, secure drop boxes, and in-person voting.
–Early voting methods were utilized across the state. In 83 of Ohio’s 88 counties, the majority of voters cast ballots before Election Day.
–The eight counties with the highest rates of voter turnout had above the state average rates in the use of early voting options.
–The 10 counties with the highest poverty rates had voter turnout rates below the state average.

The last election was safe, secure, and led to historic voter turnout. Voters are comfortable with early voting options, and our lawmakers should be too. Based on the data in the report, OPLC will oppose efforts to reduce early voting options.

OPLC Testifies Against “Critical Race Theory” Bills

The Ohio House State and Local Government Committee held hearings in September on House Bill 322 and House Bill 327, which would prohibit the teaching of “divisive concepts.” HB 322 was amended to clarify that the provisions of the bill apply only to K-12 schools, the Ohio Department of Education, and the State School Board.

OPLC drafted and submitted opponent testimony to both bills and offered testimony in committee. More than 250 people submitted testimony for HB 322 and HB 327 and more than 70 people showed up to testify in person. The hearing had a hard stop of three hours so most of the people signed up ultimately did not get to testify. The Chair of the Committee, Scott Wiggam (R-Wooster), has indicated that both bills will receive future hearings although he has yet to announce when those hearings might be. Other groups that OPLC has worked with on the issue, including Athens Parents 4 Racial Equity, also gave opponent testimony. Video of the hearings is available here .

OPLC has been working with Honesty for Education, a coalition of opponents to both bills, to work on a strategy to stop both these bills from passing. We anticipate that hearings will continue throughout the fall and into early 2022.

Bipartisan Bill to Expunge Eviction Records Critical for Ohio Renters

An eviction on a tenant’s record can affect their ability to gain safe and affordable housing and can follow them for years. Senate Bill 158, sponsored by Senator Stephanie Kunze (R-Hilliard) and Senator Hearcel Craig (D-Columbus) would allow for a court to expunge an individual’s eviction record after three years from the date of judgment. As many renters struggle to remain in their homes during the pandemic and access to emergency rental assistance is limited, it is important that this piece of necessary legislation is passed.

OHIO POVERTY LAW CENTER RELEASES 2020 GENERAL ELECTION REPORT

Tue, 28 Sep 2021 15:41:54 GMT

Columbus, OH—Today, the Ohio Poverty Law Center published its analysis of 2020 General Election turnout in Ohio. The report, Landslide Victory for Early Voting: Ohio’s 2020 General Election , says that despite the COVID-19 pandemic Ohio recorded an historic number of voters, largely spurred by early voting options.

According to the report, 74 percent of registered Ohio voters turned out to vote in November 2020 resulting in the highest number of voters—nearly six million—in the state’s history. The Ohio Poverty Law Center credits much of that success to expanded access to nontraditional voting methods, such as voting by mail, the use of drop boxes, and in-person early voting. In 2020, 36 percent of Ohio voters cast their ballots by mail or used secure drop boxes and nearly 23 percent voted in person before Election Day.

The report includes national census data that shows disparities in voter turnout related to income, race, age, and educational attainment were stark. State-level data shows that in Ohio women voted at a higher rate than men and voter turnout was higher among white Ohioans than Black or Hispanic voters.

“When you look at the raw number of voters in our last election and during a pandemic, Ohio has a lot to celebrate,” said Susan Jagers, Director of the Ohio Poverty Law Center. “But at the same time, we continue to see disparities in turnout and registration by race, income, and education levels, which means those pulling the lever for our elected officials are not representative of the broader population of eligible voters.”

The report analyzed Ohio voter turnout for the November 2020 General Election and found:

Nearly 3.5 million Ohioans—or 58 percent of voters—voted before Election Day using mail-in ballots, secure drop boxes, and in-person voting.
Early voting methods were utilized across the state. In 83 of Ohio’s 88 counties, the majority of voters cast ballots before Election Day.
The eight counties with the highest rates of voter turnout had above the state average rates in the use of early voting options.
The 10 counties with the highest poverty rates had voter turnout rates below the state average

“The data about use of early voting options is clear. Voters are comfortable with it and our lawmakers should be too,” Jagers said. “The last election was safe, secure, and led to historic voter turnout in the Buckeye State. We should be looking at ways to build upon that success.”

SEPTEMBER 2021 NEWSLETTER

Tue, 07 Sep 2021 15:22:45 GMT

END OF EVICTION MORATORIUM RESULTS IN NEW GUIDANCE FOR EMERGENCY RENTAL ASSISTANCE

On August 26, the United States Supreme Court ended the national eviction moratorium in Alabama Association of Realtors v. Department of Health and Human Services. The decision found that the Centers for Disease Control and Prevention (CDC) lacked the statutory authority to issue a nationwide ban on evictions. The decision came after multiple federal courts struck down the moratorium on similar grounds, including a Sixth Circuit opinion that many Ohio courts were already following.

The Supreme Court’s decision comes amid reports of long delays in administering federal emergency rental assistance. Only 11 percent of the $4.65 billion allocated by Congress for emergency rental assistance has been spent.

With the end of the moratorium, the U.S. Department of Treasury announced new policies intended to speed the delivery of these funds to households facing eviction, including easing the documentation needed to get assistance.

The Biden administration is also calling on law firms and law schools to help fight evictions. Attorney General Merrick Garland is urging members of the legal community to take immediate action to help address the “looming housing and eviction crisis.”

The Ohio Supreme Court provided a toolkit to Ohio courts with strategies to assist households better access rental assistance and avoid preventable evictions. Ohio’s rental assistance programs are administered through the county community action agencies. The Coalition on Homelessness and Housing in Ohio has a county-by-county list of rental assistance programs.

WE NEED YOUR SUPPORT

When the pandemic hit, we knew that the economic fallout would impact the poorest Ohioans the hardest. What we did not anticipate was how long the pandemic would last and how devastating it would be. As Ohio emerges from the pandemic, those who struggled before and those who suffered from health and economic hardships will have the slowest recovery.

The Ohio Poverty Law Center’s work continues to focus on policy change to support Ohio’s low-income families and communities. Our advocacy led to several important provisions in the recently enacted state budget. We successfully advocated in support of new Medicaid managed care contracts that will deliver better care coordination, streamline appeals, and invest in communities to improve social determinants of health. In addition, Medicaid will now cover new mothers for 12 months after delivery. We pushed back on provisions that would make it harder for families to keep food assistance. We advocated for significant investments in the expansion of broadband service to unserved communities.

None of this could happen without you. Your past support has allowed us to research, engage partners, propose policy changes, build relationships with decision-makers, and tell our stories through the media. Thank you.

The challenges of the pandemic, structural racism, and continued policies that keep people poor are not going away. More than ever, policymakers need to hear the voices of people living, working, and raising their families in poverty.

Your continued support allows us to work with our legal aid partners across the state to bring the experiences and perspectives of their clients to policy discussions. Please make a gift today . We are grateful for your support.

AUGUST 2021 NEWSLETTER

Mon, 09 Aug 2021 14:45:00 GMT

Help for Homeowners and Renters
The Ohio Housing Finance Agency announced the Save the Dream Ohio: Help for Homeowners program last week. The program, using the American Rescue Plan’s Homeowner Assistance Fund, will provide mortgage assistance to homeowners that are financially struggling due to the pandemic. The program will assist with utilities, property taxes, homeowner association fees, and mortgage payments. Homeowners are eligible to receive assistance if they experienced financial hardship after January 21, 2020, and have incomes equal to or less than 150 percent of the area median income. More information is available on the Ohio Housing Finance Agency website .

The federal eviction moratorium expired on July 31, 2021. With billions of dollars in rental assistance available for renters behind on housing costs, as well as landlords who have struggled during the pandemic, the Consumer Financial Protection Bureau launched the Rental Assistance Finder . This new tool allows renters to find information on rental assistance in their area and apply for assistance. In Ohio, emergency rental assistance programs are administered by local Community Action Agencies.

Ohio Bills Seek to Ban Teachings About Racism
In keeping with the current national debate over what is “critical race theory” and how it is (or is not) being taught, members of the Ohio House of Representatives have introduced two bills. Although different in form and potential penalties, House Bill 322 and House Bill 327 have the same goal: to end the teaching of “divisive concepts” in public schools, public universities, and state institutions. Both bills would severely hamper how teachers are able to teach and prevent culturally responsive curriculum from being implemented. HB 327 would revoke school funding and teacher licensure if provisions of the bill are violated. Both bills have received two hearings and are expected to be a priority when the legislature returns from summer break. We are joining with parents, teachers, and other statewide partners to oppose these bills.

Unemployment Claimants with Overpayments Can Now Apply for Waivers
Unemployment Compensation claimants with non-fraud overpayments that they received at no fault of their own can now request waivers. If approved, the waiver would absolve the claimant from repaying the overpayment to the state. Money will be returned to claimants who qualify for a waiver but previously repaid the overpayment.

The Ohio Department of Job and Family Services has started notifying individuals, by U.S. mail or electronically, who are potentially eligible for the waiver and providing them with detailed instructions for how to apply. Later this summer, once system programming is complete, the waiver applications will be reviewed, and approved waivers, honored.

Notifications are being sent to claimants in the traditional unemployment program and the Pandemic Unemployment Assistance program. If approved, all portions of overpayments could be waived, including the supplemental weekly $600 and $300 payments that were previously available as a result of federal stimulus legislation.

JULY 2021 NEWSLETTER

Fri, 23 Jul 2021 13:04:00 GMT

The General Assembly Approves the State Budget

Last week, the House and Senate approved a compromised version of the two-year, $80 billion budget for Fiscal Years 2022 and 2023. The final version of House Bill 110, signed by Governor Mike DeWine, kept key investments in important programs and rejected provisions that would make it harder for Ohioans to rebound from the economic fall out of the pandemic. Many of our key advocacy priorities were addressed in the final budget including:

The funding needed to implement the new Medicaid Managed Care contracts and a rejection of the effort to require the Ohio Department of Medicaid to re-bid the contracts.
The expansion of Medicaid coverage to new mothers for 12 months postpartum.
An investment of $250 million for the Ohio Residential Broadband Expansion Grant program to expand infrastructure in unserved areas. Language that sought to keep municipalities from providing broadband services to their residents was removed.
The removal of an asset test and change reporting for food assistance eligibility.
An increase in initial eligibility for publicly funded childcare to 142 percent of the federal poverty level.
The removal of language that attempted to overturn the right to counsel for indigent parents in adoption proceedings.
Investments in lead abatement programs.
The removal of language that would change the valuation of subsidized residential rental property for tax purposes.
The inclusion of the main components of the Fair School Funding Plan.
Kinship Caregiver Program funding restored to $10 million
$1 million of General Revenue funding for legal aid to serve veterans and those impacted by substance use disorders.

Although the budget could have done more to support Ohioans as they recover from the economic and health impacts of the pandemic, we are encouraged by these investments. We will continue to work with lawmakers to enact policies and make investments to address the pandemic’s devastating and disproportionate impact on low-income Ohioans who were already struggling.

American Rescue Plan Dollars Allocated in House Bill 168

Ohio received the first of two state fiscal recovery fund payments from the American Rescue Plan. The payment totaled $2.7 billion. Before recessing for the summer, the legislature approved HB168 which allocated a large portion of these dollars. Without any committee hearings or opportunity for public input, HB168 made the following appropriations:

At least $1.47 billion to the unemployment compensation trust fund. The final amount will be certified on Aug. 31, 2021 and could be more than $1.6 billion. The money will pay off Ohio’s unemployment compensation debt to the federal government before interest can begin accruing.
$250 million for the Water and Sewer Quality Program. The money will be used to provide grants to political subdivisions for water and sewer infrastructure projects. The grants require a local match.
$84 million for pediatric behavioral health. The appropriation will be allocated to pediatric behavioral healthcare facilities for infrastructure and operating costs.

Additionally, HB168 allocated the $422 million local recovery relief dollars for small cities, townships, and villages.

It is unclear how the remaining American Rescue Plan dollars will be allocated or what the timeline is to make those decisions. The state will have more than $500 million left of its first payment and will receive another $2.7 billion payment in May 2022.

JUNE 2021 NEWSLETTER

Fri, 02 Jul 2021 14:08:00 GMT

Critical Supports for Low-Income Families Removed from Senate’s Budget

Last week, the Ohio Senate unveiled its version of the budget. We were happy to see proposals to extend Medicaid health coverage to mothers for 12 months after giving birth and expand eligibility for publicly funded childcare to 142 percent of the federal poverty level. We are concerned about other provisions of the budget including the removal of the Fair School Funding Plan—which had broad support in the education community, the five-percent income tax cut that reduces funding for important programs, and language that seeks to overturn the Ohio Supreme Court decision that indigent parents have a right to counsel in probate court adoption proceedings where losing permanent custody of their children is at stake. OPLC testified before the Finance Committee raising concern about several other provisions including:

Elimination of Funding for the SCHIP Lead Abatement Program–This program provides lead abatement services for children under the age of six or pregnant women who qualify for Medicaid. The program has abated over 200 homes helping more than 580 children. The elimination of the SCHIP lead abatement program stalls Ohio’s progress in eliminating lead hazards before a child is poisoned.
Medicaid Managed Care Procurement—The Senate is proposing to require the Department of Medicaid (ODM) to redo its procurement process for managed care plans. The provision would have ODM suspend its current selection process for new managed care organizations and begin a new process. The Ohio Department of Medicaid’s multi-year procurement process resulted in a significantly stronger managed care contract that will improve the wellbeing of some of Ohio’s most vulnerable residents. The Ohio Poverty Law Center released a report about the improvements the new contract will make by enhancing care coordination, standardizing the appeals process, and focusing on social determinants of health.
Access to Broadband—The $190 million appropriated for Ohio Residential Broadband Expansion Grant Program was removed to help pay for tax cuts. The grant program would help to extend broadband infrastructure to unserved communities. There are still more than one million Ohioans who lack internet access.
Federal Unemployment Compensation Programs—The Senate would require that Ohio opt out of federal unemployment compensation programs before they expire. Opting out of these programs early will only exacerbate the struggles that unemployed Ohioans are still facing.

The Senate is expected to vote on the budget on June 10. A conference committee will be named to work out the differences between the House and Senate budgets. The budget must be signed by Governor Mike DeWine by June 30.

Proposed Tax Cut Does Not Help Those Who Need it the Most

The five percent across-the-board income tax reduction proposed by the Senate will not benefit low-income working Ohioans earning less than $22,000 annually. Any reduction in taxes should be targeted to those who need it the most to ensure economic recovery. According to a Policy Matters Ohio report on the proposed tax cut, “those in the middle fifth of the income spectrum, making between $41,000 and $64,000 a year, on average would pay $22 less a year. Nearly half of the tax reduction would go to those in the top 5%, who are paid more than $221,000 a year.”

Instead of the across-the-board tax cut, money could be better invested in programs that support families that struggle to make ends meet like childcare, kinship care, access to broadband, and lead abatement. But if a change is made in tax policy, lawmakers should enact a 10 percent refundable option to the existing 30 percent state Earned Income Tax nonrefundable credit. This targeted tax policy supports Ohioans working in low-wage jobs. According to modeling done by the Institute for Tax and Economic Policy, a 10 percent refundable credit would help 37 percent of families earning less than $22,000 a year with an average benefit of $230.

Ohio Poverty Law Center 2020 Annual Report Released
We are pleased to share our 2020 annual report. Despite unprecedented challenges this year, we are proud of our achievements and the progress made on behalf of Ohioans living in poverty. We were able to improve policies to respond to the pandemic, promote family stability, health, and education, and remove barriers to employment. We appreciate your support of our work.

OPLC, POLICY MATTERS OHIO CALL ON GOV. DEWINE TO RECOGNIZE THE NEED FOR CHILDCARE WHEN RETURNING TO WORK

Wed, 16 Jun 2021 19:25:00 GMT

Chilcare Exemption Letter June 2021

MAY 2021 NEWSLETTER

Thu, 27 May 2021 20:25:00 GMT

The Senate Begins Deliberations on Ohio’s Next Two-Year Budget

The Ohio Poverty Law Center is asking the Senate to put its mark on HB110 by making further investments to support low-income Ohioans. Due to the ongoing COVID-19 pandemic, many Ohioans are still facing dire economic circumstances. Among the hardest hit by this crisis were individuals and families living paycheck to paycheck. Without savings and facing job losses, many of these Ohioans applied for unemployment compensation and public benefits for the first time.

As businesses regain strength, these adversely impacted Ohioans will play an important role in the state’s recovery. Overcoming the economic fallout will require supporting programs designed to address the needs of low-income Ohioans. OPLC has identified a list of priority items to be included in HB110. OPLC launched its #JusticeMakesCents campaign to share our key budget asks with lawmakers and the media. The campaign will highlight the following items:

Broadband Internet Access: We support increased investments in the Ohio Residential Broadband Expansion Grant program to expand the infrastructure throughout the state as all Ohioans need broadband connectivity in order to work and learn remotely, apply for jobs, access benefits, and have access to telehealth. Access is just one consideration. We need to ensure that Ohioans can afford access too.
Lead Poisoning Prevention: Children have been spending more time at home due to the pandemic and for low-income children that could mean spending time in a home with lead hazards. Additional funding will allow the SCHIP lead abatement program to reach more families before a child is lead poisoned.
School Funding and Student Wellness: We are grateful that the Ohio House of Representatives revamped the school funding formula to provide additional resources to school districts with high poverty populations and low property wealth. However, we are asking that the Senate revert the student wellness and success fund to its intended purpose, rather than incorporating it into the school foundation formula.
Prevention, Retention, and Contingency Program: This flexible county-administered program that provides one-time emergency assistance to working families to address unforeseeable financial emergencies that could impact employment, such as car repairs, has proven to be an invaluable but under-funded program during the pandemic and is worthy of greater support.
Childcare: Childcare is critical to help families work. Raising the eligibility for publicly funded childcare to 200 percent of the federal poverty level will allow an estimated 300,000 more families to access childcare.
Medicaid for Postpartum Mothers: Ohio should opt to expand Medicaid coverage to women for 12 months post-partum to improve the health of new mothers. Research shows that treatment for significant postpartum health risks such as depression, chronic health conditions, and breastfeeding support can be needed for longer than 60 days after delivery.
Tax Cuts: We ask that lawmakers reconsider the across-the-board two percent income tax reduction and, instead, add a 10 percent refundable option to the existing 30 percent state Earned Income Tax nonrefundable credit. Any reduction in taxes should be targeted to those who need it the most to ensure economic recovery. This targeted tax policy helps support Ohioans working low-wage jobs support their families.

Broadband Expansion Bill Advances

House Bill 2 is on its way to becoming law. Passed by the Senate on April 27, with only a few changes from the House-passed version, the bill establishes the Ohio Residential Broadband Expansion Grant Program and appropriates $20 million in this fiscal year for initial grant funding. While we support the investment in expanding infrastructure, we will continue to advocate for improvements to the grant program in the budget bill which includes an additional $190 million appropriation.

Eviction Expungement Bill Introduced

A bill to create a statewide eviction expungement process, Senate Bill 158, was recently introduced by Senators Hearcel Craig (D-Columbus) and Stephanie Kunze (R-Hilliard). The bill allows an individual with an eviction record to apply to their local court to have an eviction expunged three years after the date of judgment. It gives the landlord an opportunity to provide any information as to why the eviction should not be expunged, and the court is to weigh this information against the interests of justice.

APRIL 2021 NEWSLETTER

Thu, 29 Apr 2021 00:32:00 GMT

KEY PROVISIONS OF THE AMERICAN RESCUE PLAN

On March 11, President Joe Biden signed the American Rescue Plan Act of 2021 (ARPA), which provides $1.9 trillion in relief spending in response to the COVID-19 Pandemic. Among its significant provisions, the ARPA will help raise children out of poverty, help Ohioans keep their homes, and provide assistance to state and local governments.

Child Tax Credit The American Rescue Plan’s expansion of the Child Tax Credit will substantially reduce child poverty by supplementing the earnings of families receiving the tax credit. The expansion of the credit will benefit 92 percent of Ohio’s children and bring 278,000 children above or near the federal poverty level. Specifically, improvements to the Child Tax Credit include:

The credit amount has been increased from $2,000 to $3,600 for children under age six, and $3,000 for other children under age 18.
The credit’s scope has been expanded to include children 17-years-old and younger, as opposed to 16-years-old and younger.
Credit amounts will be made through advance payments from July 1 to Dec. 31, 2021.

This change will allow struggling families to receive financial assistance now, rather than waiting until the 2022 tax filing season to receive the Child Tax Credit benefit.

Rental Assistance and Housing The ARPA contains several provisions that will aid low-income renters and homeowners in Ohio including investments in rental assistance, housing vouchers, homelessness assistance, housing counseling and fair housing, and utility assistance. Ohio is expected to receive more than $600 million in rental assistance. Previous relief dollars, totaling more than $800 million, have already been allocated for rental assistance. Most of these dollars are being allocated by the Development Services Agency to Community Action Agencies throughout the state.

State and Local Aid The APRA provides $350 billion to help states, counties, cities and tribal governments cover increased expenditures, replenish lost revenue and mitigate economic harm from the COVID-19 pandemic. The total assistance provided to State & Local Governments in Ohio is $11 billion .

The state of Ohio will receive $5.68 billion
Ohio Metro Cities will receive $2.24 billion
Ohio Cities & Villages will receive $810 million
Ohio Counties will receive $2.27 billion.

State and local government recipients could use the funds to cover costs incurred through Dec. 31, 2024. The funds would be distributed in two rounds, with 50 percent delivered no later than 60 days from the date of enactment, and the remainder delivered no earlier than one year later.

BIPARTISAN LEGISLATION TO EXPAND CHILDCARE ELIGIBILITY

Ohio currently ranks 49 ^th in income eligibility for childcare. Investments in childcare are critical to help low-income families find and keep employment. Governor Mike DeWine’s proposed budget expands initial eligibility for childcare assistance from 130 percent of the federal poverty level to 138 percent, and up to 150 percent for children with disabilities.

House Bill 145, sponsored by Representatives Mary Lightbody and Andrea White, expands access to publicly funded childcare even further. HB145 would set the starting income eligibility level to 200 percent of the federal poverty—allowing a family of four to earn up to $53,000. This increase would allow an estimated 300,000 more families to access childcare.

MARCH 2021 NEWSLETTER

Tue, 09 Mar 2021 19:05:00 GMT

Senate Bill Targets Public Benefit Programs

The Ohio Senate is considering a new bill that would significantly impact eligibility and enrollment processes for Ohio’s core social safety-net programs including Medicaid, Supplemental Nutrition Assistance Program (SNAP), Temporary Assistance to Needy Families (TANF), Unemployment Insurance. Senate Bill 17 contains several significant provisions, including imposing asset tests for SNAP and TANF, imposing change reporting in SNAP, implementingSNAP photo benefit cards, ending presumptive eligibility in Medicaid, aggressive unemployment collection procedures, and expanding Medicaid work requirements.

On February 24, the Ohio Senate Government Oversight and ReformCommittee heard opposition testimony to SB17. The Committee heard from 11witnesses and received written testimony from more than 40 other organizations. OPLC will continue to work with our partners to keep these proposals from being enacted.

Investments to Reduce Lead Exposure

OPLC is working with the Lead-Free Kids Coalition to support Governor MikeDeWine’s investments in lead control programs. His budget funds programs to continue the lead hazard control programs that make Ohio’s homes and communities lead safe. The Ohio Department of Health will perform lead hazard control and abatement services on hundreds of Ohio homes, conduct public outreach and education, and increase the number of lead hazard workers through the Lead Worker/Contractor Licensure Repayment Program. The budget includes $14.3 million for lead abatement. A new, statewide $3.5millionLead-Safe Housing Fund will provide competitive grants to Ohiocommunities to abate lead hazards in their housing stock, promoting revitalized, renewed communities. In addition, there is $92 million for the Ohio EPA for replacing an additional 1,500 lead service lines and more than 600failed home treatment systems across seven counties.

Council Meets to Address Issues with the Unemployment Compensation System

The Unemployment Compensation Modernization and Improvement Council, established last year in House Bill 614, is charged with creating a user-friendly unemployment compensation system and tasked with addressing the myriad of technology issues that the agency has faced since the start of the pandemic. Appointments to the Council were recently completed and include legislators and consumer and business representatives. In its first hearing, the Council heard from Ohio Department of Jobs and Family Services

Director KimberlyHenderson who detailed the steps the agency is currently taking, including developing a new website, adding 800 employees to handle claims, and implementing new IT systems.

FEBRUARY 2021 NEWSLETTER

Thu, 04 Feb 2021 13:10:00 GMT

OPLC’s State Budget Priorities

Poor and minority Ohioans have been hardest hit by the pandemic and their health and economic recovery will take the longest. Ohio’s budget and policies should prioritize stabilizing individuals and families, providing quality education to all children, and supporting employment opportunities. Some of our budget priorities include:

Improving access to health care by ensuring that all Ohioans can find and afford the health care they need including the one in four Ohioans who has access to care through Medicaid.
Supporting the poorest Ohioans by allocating available Temporary Assistance for Needy Families (TANF) dollars to directly benefit needy families in the Prevention, Retention, and Contingency program and increasing the basic cash grant to better support the health and safety of children and families.
Reducing lead poisoning by expanding testing and increasing funding for lead abatement.
Expanding access to broadband service by investing in infrastructure and programs to make access affordable.
Funding schools equitably by increasing Categorical Aid for children living in poverty, more accurately and fairly defining the local contribution to the base cost, and removing the expense for open enrollment, community schools, and vouchers from local school districts and making it part of the state budget.

This week, Governor Mike DeWine will unveil his proposed budget for state fiscal years 2022 and 2023. We look forward to working with the Administration and the General Assembly to ensure that the budget supports low-income Ohioans.

New Report Highlights Improvements to Ohio’s Medicaid Managed Care Program

OPLC released its report, Brighter Future for Ohio’s Medicaid Managed Care Program, on Monday, January 25. The report highlights systemic problems with Ohio’s current Medicaid managed care program and examines provisions of the new proposed Medicaid managed care contract that should improve access services. The Ohio Department of Medicaid is expected to award new managed care contracts as soon as this week. If fully implemented and funded, the contract provisions will:

Strengthen the grievance and appeals process,
Improve care coordination,
Place a greater focus on services for children, particularly for those with complex health needs, and
Require investments in communities to address social determinants of health.

The new contracts will not go into effect until January 2022. OPLC will monitor implementation and will continue to advocate to ensure that Ohio’s Medicaid managed care program better serves the needs of low-income Ohioans.

OPLC RELEASES REPORT

Mon, 25 Jan 2021 20:54:00 GMT

New Medicaid Managed Care Contract Positions Ohio to Substantially Improve Access to Health Care for Vulnerable People

Columbus—Today, the Ohio Poverty Law Center released its report, A Brighter Future for Ohio’s Medicaid Managed Care Program , which examines provisions of the new Medicaid Managed Care contract that should improve legal aid clients’ ability to access services. The Ohio Department of Medicaid released its Request for Applications for the provision of Managed Care health care services to Ohioans enrolled in the program on September 30, 2020. The Department is expected to award contracts as early as this week.

“If fully implemented and enforced, the new Medicaid plan can dramatically improve program performance and outcomes for the one in four Ohioans who receives health care coverage through Medicaid managed care,” said Graham Bowman, staff attorney for the Ohio Poverty Law Center. “The new contract positions Ohio to make substantial improvements in addressing access issues for low-income Ohioans.”

The Ohio Department of Medicaid sought comments on the state of its managed care program from Medicaid recipients, advocates, and other consumer stakeholders throughout 2019 and received nearly 1,000 responses. The legal aid community responded by highlighting multiple issues that needed to be addressed to better serve low-income Ohioans. The report highlights four areas where the new contract makes improvements that can significantly improve the managed care program:

Services to children, especially those with complex health issues,
Grievance and appeals process requirements for contracted plans,
Care coordination, and
Social determinants of health.

“Improved care coordination and financial support for community-based organizations will improve care and address social determinants of health,” Bowman continued. “We are hopeful that the words in the contract will be transformed into action by the companies selected to carry Ohio’s Medicaid managed care program forward.”

JANUARY 2021 NEWSLETTER

Mon, 04 Jan 2021 14:57:00 GMT

CONGRESS APPROVES RELIEF PACKAGE

Better late than never, Congress finally approved another relief package to address the ongoing economic fallout of the COVID-19 pandemic. The 5,593-page Coronavirus Response and Relief Supplemental Appropriations Act appropriates $900 billion in economic relief to individuals, businesses, childcare providers, and schools.

It includes another round of direct stimulus checks—$600 per adult who are in certain income thresholds, and the same amount for children. It provides an extension of enhanced unemployment insurance benefits for up to $300 per week and lengthens the maximum number of weeks. The package includes $25 billion in rent and utility assistance and extends a ban on evictions that was scheduled to expire at the end of December. To address the increasing number of households with food insecurity, $13 billion was added to the Supplemental Nutrition Assistance Program. An investment of $7 billion will help to expand access to broadband service including $3.2 billion to provide up to $50 per month for low-income families.

OPLC SEES SUCCESS ON PRIORITY ISSUES AS THE 133RD GENERAL ASSEMBLY WRAPS UP ITS WORK

From January until the November 3 election, the General Assembly approved 35 bills. During Lame Duck, from the election day through the last session on December 22, the legislature approved more than 50 bills including several of our priority bills:

Occupational Licensing Reform—House Bill 263 was one of our priorities for this session. The bill removes barriers to occupational licensing for individuals with criminal records. It requires licensing agencies to create lists of disqualifying offenses that are directly related to the duties and responsibilities of the licensed occupation. With just a few exceptions, licensing agencies can only consider those offenses when reviewing an application for five years from the date of conviction or release from incarceration, whichever is latest.

Record Sealing—House Bill 1, which broadens the scope of intervention in lieu of conviction and expands the opportunity for the sealing of criminal records. The bill expands the Conviction Records Sealing Law so that more offenders are eligible to have their conviction records sealed. The bill eliminates a cap, currently based on the total number of felony convictions, on the number of fourth- and fifth-degree felony convictions and misdemeanor convictions that an offender is eligible to seal. The bill was amended before Senate approval to include provisions that prohibit the shackling of pregnant women and create a clearer definition of a technical violation of parole or probation.

Mental Health Parity—House Bill 443, mental health parity legislation, was one of our priority bills for this session. A compromise was struck to place the provisions of HB443 that align Ohio parity law with the federal parity law into SB284. The bill was signed by Governor Mike DeWine on December 21, 2020. While the final version of parity legislation did not include everything we advocated for, it is a good first step.

Driver’s License Reinstatement Fees—House Bill 285, which established the Driver’s License Reinstatement Fee Amnesty Program was signed by Governor Mike DeWine in June. The program, administered by the Ohio Bureau of Motor Vehicles, began December 13, 2020.

Lame Duck proved to be too short for other issues.

Timely Transfer of School Records—House Bill 111 received unanimous approval from the Senate Education Committee after defeating an amendment to allow school records to be withheld by a school that was owed more than $1,000. The bill, one of our priorities for this year, requires that school records be transferred within five days of receiving a request from the new school, was not scheduled for a Senate floor vote before the Senate adjourned. This will be a priority advocacy issue for 2021.

School Funding—By a vote of 87-9, the Ohio House approved a complete overhaul to school in early December. House Bill 305 is the culmination of more than six years of work by outgoing Representative John Patterson (D-Jefferson), Representative Gary Scherer (R-Circleville), and current Speaker of the House Bob Cupp (R-Lima) and is the largest effort to reform Ohio’s school funding formula since it was declared unconstitutional. The Senate declined to take up HB305 during lame duck. The debate will continue in the next General Assembly when they take up the next biennial budget.

Opening Day Slated for Monday, January 4, 2021

The 134th General Assembly will start its new two-year session on January 4, 2021, with both House and Senate sessions scheduled. While the majority and minority caucuses selected their leadership teams shortly after the November election, the leaders will be formally elected. Other business during the first week will include naming committee chairs and members and adopting rules. We will see two new faces in the Senate and 23 new faces in the House of Representatives.

We look forward to working with new and returning lawmakers on issues that will expand justice and help lift Ohioans out of poverty.

OPLC AND ITS SISTER ORGANIZATIONS STAND WITH BLACK LIVES MATTER

Wed, 23 Dec 2020 21:18:00 GMT

We at the Legal Aid Society of Columbus grieve the loss of Casey Goodson who was shot and killed earlier this month and the loss of Andre’ Hill who was shot and killed on December 22. Both men were killed by Columbus law enforcement. We stand with others in asking for full and fair investigations and accountability for their deaths. Black Lives Matter. In affirming our commitment to and for Black lives, LASC and its sister organizations, Southeastern Ohio Legal Services and the Ohio Poverty Law Center, stand ready to support and partner with the communities we serve and all those committed to racial justice. We pledge to remain vigilant in our commitment to create change.

DECEMBER 2020 NEWSLETTER

Wed, 16 Dec 2020 17:25:00 GMT

Driver’s License Reinstatement Fee Program Begins this Month

The Driver’s License Reinstatement Fee Debt Reduction and Amnesty Program, created by House Bill 285, begins on December 13, 2020. The program will reduce or waive reinstatement fees for certain suspensions. All eligible drivers will receive a notice by mail and will be enrolled in the program after submitting proof of insurance. To be eligible for a complete waiver of fees on eligible suspensions, the driver must submit proof of indigence by showing participation in either SNAP, Medicaid, Ohio Works First, SSI, or Veteran’s Affairs Pension Benefits. More information can be found on the Ohio Bureau of Motor Vehicle’s website .

Legislation Introduced to Ensure Safe Nursing Home Discharges

It is critical that when nursing home residents are being discharged that they go to a setting that can meet their health care needs. Some senior service providers are seeing nursing home residents discharged to unsafe settings or without the proper equipment, medication, and health care services. Effective discharge planning and post-discharge planning is necessary to both meet federal standards and ensure that people with disabilities have the proper supports to live independently in the community. Improper discharge planning can result in re-admittance to a nursing home.

The Ohio Poverty Law Center worked with Representatives Randi Clites (D-Ravenna) and Mark Fraizer (R-Newark) on legislation to ensure safe nursing home discharges. House Bill 792 was introduced on November 19, 2020. This legislation will help protect residents by allowing state hearing officers to consider the adequacy of a discharge transition plan and by addressing inconsistencies in the Ohio Revised Code.

Our Work Needs Your Support

In response to the crisis, OPLC ramped up our efforts to ensure that Ohioans could stay safe in their homes, access benefits, and have the supports that they needed.

We successfully advocated for money for rent assistance. We pushed for more user-friendly changes to state and federal benefit systems and processes. We helped people keep their unemployment benefits when faced with health challenges or unsafe work environments. We continue to advocate for equity in our health care system and our communities. We are calling for our elected leaders to declare racism a public health crisis.

In addition, we continued to push for policies that remove barriers to employment like waiving driver’s license reinstatement fees, making it easier to seal criminal records, and ensuring those with records have access to occupational licenses. Knowing that Black males have a disproportionate rate of involvement with the criminal justice system, we hope these policies will help give them a fair chance in hiring decisions.

None of this could happen without you. Your past support has allowed us to research, engage partners, and propose policy changes, build relationships with decision-makers, and tell our stories through the media. Thank you.

The challenges of the pandemic, racism, and continued policies that keep people poor are not going away. Your support will allow us to continue to work with our legal aid partners to bring the experiences and voices of their clients to policy discussions. Please, make a gift today at www.ohiopovertylawcenter.org .

EVICTION LETTER TO THE SUPREME COURT

Thu, 10 Dec 2020 21:38:00 GMT

Click here to view the letter.

NOVEMBER 2020 NEWSLETTER

Wed, 11 Nov 2020 19:18:00 GMT

State Finally Allocates CARES Act Funding for Housing Assistance

On October 23, 2020, Governor Mike DeWine and legislative leaders announced a $419.5 million assistance package of federal CARES Act dollars. The package includes grant programs for small businesses, nonprofits, universities, and other entities.

Fortunately, the package also included $50 million for Home Relief Grants to help Ohioans who are experiencing job and income loss due to COVID-19. Ohioans who are behind on rent, mortgage, and water and/or sewer utility bills may be able to receive assistance. Assistance can be applied to outstanding rent, mortgage, and water bills back to April 1, 2020. Ohio households with an annual income at or below 200% of the federal poverty guidelines will be eligible for assistance. For a family of four, that is an annual income up to $52,400.

This investment of CARES Act dollars will help keep families safe in their homes and provide some stability to the housing market as another month of rent is due. Renters and property owners need this support.

As Ohioans continue to experience job and income loss due to the pandemic, additional federal and state resources will be needed to prevent evictions and keep Ohioans safe, especially as we get closer to the expiration of the Centers for Disease Control and Prevention’s eviction moratorium. The National Council of State Housing Agencies released a report estimating that 240,000 evictions will have been filed in Ohio by January 2021. Housing assistance should be among the highest priorities for resources in the coming weeks and months.

The Future of the Affordable Care Act

On November 10, 2020, the U.S. Supreme Court will hear oral arguments in California v. Texas , the latest challenge to the constitutionality of the Affordable Care Act. Texas is leading the case but it includes 18 states. The case is being defended by 17 other states. Ohio has not joined either side but Ohio Attorney General David Yost filed an amicus brief arguing that major provisions of the Affordable Care Act should be allowed to remain in effect.

The challengers argue that, because Congress reduced the Individual Mandate ‘tax’ to zero, it can no longer be considered a tax, and therefore the provision is no longer constitutional. Since the provision is unconstitutional, according to the challengers, the entire law must be thrown out as well. This argument has been widely criticized by legal experts and many think it is unlikely that the Supreme Court will overturn the law in its entirety.

If the law is overturned, more than 20 million Americans could lose access to health care. Ohio would lose 90 percent of funding for the “Medicaid Expansion,” which provides coverage to adults without children. It is unlikely that the state would be able to sustain the program without federal money. More than 700,000 Ohioans are covered by the Medicaid expansion and nearly 200,000 receive insurance through the ACA marketplace.

Tomorrow is Election Day!

On Nov. 3, Election Day, polls are open from 6:30 am to 7:30 pm. You must cast your ballot in your precinct at your designated polling place. You can find your designated precinct or polling place at your county board of elections .

OCTOBER 2020 NEWSLETTER

Tue, 06 Oct 2020 19:34:00 GMT

Proponents Share Importance of Occupational Licensing Reform For Ohioans with Criminal Records

House Bill 263, an occupational licensing reform bill that would remove barriers to occupational licensing for individuals with criminal records, had proponent testimony on September 23, 2020, in the Senate Transportation, Commerce and Workforce Committee. OPLC, the Legal Aid Society of Columbus, the ACLU, and Americans for Prosperity, among others, testified in support of the legislation that OPLC designated in January as a must-pass bill for 2020. In testimony, OPLC reminded lawmakers that more than 850 barriers to employment and occupational licensing for individuals with criminal convictions exist in law or administrative rules and recommended expanding the bill to address licensing renewals in addition to reforming the application criteria for initial licenses.

The testimony was well-received by Senators on the committee with many noting the broad support of the legislation by organizations who typically are on opposite sides of issues. The bill passed the House on June 9, 2020, with a vote of 90-1. OPLC will be working to ensure this priority legislation is passed before the end of this legislative session.

An Additional $650 Million in CARES Act Funding Directed to Local Governments

On October 1, 2020, Governor Mike DeWine signed House Bill 614 which allocates an additional $650 million of Coronavirus Relief Funds to local government jurisdictions including counties, cities, townships, and villages. The money, distributed on a per capita basis, is the last of three allocations of funds intended for local governments from the CARES Act approved by Congress in March 2020.

These resources can be used to support individuals and families who are experiencing loss of income or employment due to COVID-19. Allowable uses of these funds include rental and mortgage, utility, and food assistance. The money can also be used to support small businesses to maintain employees and meet health and safety standards.

Ohio Department of Medicaid Seeks Better Health Outcome through New Medicaid Managed Care Contract

On Wednesday, September 30 ^, 2020, the Ohio Department of Medicaid (ODM) released its long-anticipated Request for Applications (RFA) for a revamped contract with managed care companies to cover three million Medicaid eligible Ohioans. More than 90 percent of Medicaid recipients receive their care through managed care companies and these new contracts will have a substantial impact on the quality of health services they receive. The last time Ohio re-bid its managed care contracts was in 2012.

ODM seeks to update its managed-care coverage with a focus on population health, meeting the needs of children with complex needs, and reducing administrative rules for patients and health-care providers.

ODM committed itself to six goals for the new contracts:

Focus on the individual;

2. Improve individual and population wellness and health outcomes;

3. Create a personalized care experience;

4. Support providers in continuously improving care;

5. Improve care for children and adults with complex needs; and

6. Increase program transparency and accountability.

Ohio needs to do more to promote population health as a way to drive down costs and improve outcomes. This request for applications proposal goes a long way to ensure Ohioans, particularly kids, get a managed care program that is competitive, high quality, easier to use, and economically efficient.

Make Your Voice Heard

Key Election Dates:

Today! October 5: Deadline to  register .

October 6: Early in-person voting begins. See this schedule for dates and times.

October 31: Deadline to request an absentee ballot ( English  and  Spanish ).

November 3: General election.

This election cycle, low-income voters are at especially high risk of disenfranchisement in the face of the pandemic. They tend to be among the most vulnerable populations, and legitimate fears of contracting and spreading COVID-19 could keep people away from the polls, especially on election day when the crowds are at their worst. Education about early in-person voting and absentee ballots is crucial to voter turnout in these communities.

Absentee voting is the term Ohio uses for any mail-in voting. All eligible voters are allowed to request an absentee ballot. This year absentee ballots are especially popular for those with COVID-19 risk factors looking to avoid crowds at the polls, which is a legitimate reason to request an absentee ballot.

SEPTEMBER 2020 NEWSLETTER

Mon, 14 Sep 2020 14:19:00 GMT

Federal Eviction Moratorium

On September 4, 2020, the Center for Disease Control and Prevention (CDC) issued an order that created a moratorium on most residential evictions due to non-payment of rent until January 2021. The purpose of the order is to prevent the spread of the coronavirus through homeless shelters and other congregate living settings that would have occurred if millions of households were evicted in the coming months.

The moratorium covers nearly all low-income renters. To be eligible, the tenant:

must have made best efforts to obtain government-funded rental assistance;
must earn less than $99,000 ($198,000 for joint filers), was not required to file an income tax return for 2019, or received a CARES Act stimulus payment;
must be unable to pay rent due to a substantial loss of income;
is using best efforts to make rent payments; and
will likely become homeless or doubled-up as a result of the eviction.

Tenants are still responsible for unpaid rent and any associated fees or fines.

A national moratorium is long overdue and will assure people that they will not lose their homes during the pandemic. While the eviction moratorium is essential, the action only delays evictions and does not prevent them.

Governor Mike DeWine and members of Congress need to act and commit resources to emergency rental assistance. We ask Governor DeWine to commit $100 million of unspent Coronavirus Relief Funds to prevent evictions while waiting for Congress to act. We support the national campaign asking Congress to commit $100 billion for rental assistance and eviction prevention.

Unemployment Compensation

The Alliance of Ohio Legal Aids, of which OPLC is a member, launched its first statewide media campaign in an effort to draw attention to issues related to the unemployment compensation system. Too many Ohioans are still waiting for benefits that they are due.

The effort, which began Thursday, September 3, included press outreach and a coordinated social media campaign. Alliance members issued press releases detailing the problems and how they can help. They shared social media posts with the hashtag #LOSTINTHESYSTEM highlighting successful client stories. The social media effort, which was designed to coincide with the Labor Day holiday, will last one week.

Ohioans will see some additional Unemployment Compensation relief in the coming weeks. The Federal Emergency Management Agency approved Ohio’s application for the federal Lost Wages Assistance program established by President Trump’s executive order. The program will allow Ohio to provide $300 per week to those unemployed due to COVID. This is in addition to any regular unemployment compensation benefits. Ohio Department of Jobs and Family Services expects the program to be up and running mid-September.

Register to Vote

To vote in the upcoming November 3, 2020, General Election, you must register by October 5, 2020.

To register online you will need to provide the following:

Ohio driver’s license or Ohio identification card number
Name
Date of Birth
Address
Last four digits of your Social Security number

If you do not have any portion of the required information, you will need to use a paper form. To register or access the paper form, visit the Ohio Secretary of State’s office at https://olvr.ohiosos.gov/ .

AUGUST 2020 NEWSLETTER

Tue, 04 Aug 2020 19:29:00 GMT

Coronavirus Relief Funds Sit Idle while Families and Communities Struggle

Ohio families and communities are hurting with no end in sight. Many short-term protections like eviction and utility disconnection moratoriums have ended. Resources to support Ohioans who have been laid off or had their income reduced have been made available to help. But the one-time stimulus payments have been spent on food, rent, and other necessities. The extra pandemic unemployment benefit expired.

More needs to be done to keep Ohioans housed, fed, and safe.

That is the message OPLC and more than a dozen partner organizations sent to Governor Mike DeWine last week.

With nearly $1.3 billion Coronavirus Relief Funds unspent or allocated, we urged the Governor to make investments in rental assistance, utility assistance, food and basic needs, and child care.

Additional assistance from the federal government is needed, but the timeline and content of such legislation are uncertain. Ohioans’ needs are urgent. The commitment of these Coronavirus Relief Fund dollars to help struggling Ohioans will provide desperately needed support and show that Ohio’s priority is caring for the most vulnerable during this crisis.

Eviction Expungement Bill Introduced

Senators Stephanie Kunze (R-Hilliard) and Hearcel Craig (D-Columbus) recently introduced eviction expungement legislation. Senate Bill 343 creates a statewide, legal mechanism for expunging an eviction record, removing any evidence of the court file’s existence from publicly accessible records as soon as three years after the eviction judgment. An eviction can be a barrier to secure housing because many landlords will refuse to rent to prospective tenants who have eviction filings on their records.

The COVID-19 crisis has made the need for eviction expungement even more urgent. An estimated 762,000 Ohio households are unable to pay rent and are at risk of eviction. People of color are especially vulnerable. A recent national survey showed that, while almost half of White tenants say they are highly confident they can continue to pay their rent, just 26% of Black tenants could say the same.

Property Tax Relief Measure Introduced

Senate Bill 335 was recently introduced by Senator Hearcel Craig (D-Columbus). The legislation proposes to reduce property taxes on owner-occupied homes to the extent that property taxes increase by more than three percent from the previous year. The purpose of the legislation is to prevent sudden spikes in taxes. The state would reimburse local jurisdictions for any taxes that were lost because of the cap.

If the bill had been in effect in 2018, more than 60,000 Franklin County homeowners would have been shielded from large increases in their taxes, according to the Franklin County Auditor’s office. Nationally, 34 states have similar laws that protect homeowners from large tax increases.

JULY 2020 NEWSLETTER

Thu, 16 Jul 2020 01:09:00 GMT

OPLC’s 2019 Annual Report

The Ohio Poverty Law Center is pleased to announce the release of its 2019 Annual Report . Our mission has been focused on reducing poverty and increasing justice through protecting and expanding the legal rights of low-income Ohioans. In 2019, OPLC achieved major accomplishments through advocacy and information sharing across the state. OPLC made strides towards a more equitable Ohio through initiatives such as advocating for state funding to help low-income individuals, promoting the driver’s license reinstatement fee amnesty program, and expanding our reach through advocate training.

We are proud to reflect on this past year’s success and are excited to continue efforts in fighting for the most vulnerable as we push forward in 2020.

Occupational Licensing Reform Advances

House Bill 263, deemed the Fresh Start Act, was approved by the Ohio House of Representatives with a 90-1 vote. The bill will give more opportunities for Ohioans with certain criminal convictions to obtain occupational licenses. The bill would require a licensing agency to create a list of disqualifying criminal offenses that are directly related to the duties and responsibilities of the licensed occupation, and agencies could only consider these offenses for five years from the date of conviction or release from incarceration, whichever is latest. Under the bill, there is no time limit for the consideration of violent and sexually oriented offenses. The bill will now head to the Senate.

Infant Mortality Legislation Approved

Ohio has made slight progress in attempting to lower its infant mortality, the rate remains above the national average and disparities persist. Black infants are dying at a rate that is more than two times higher than their white counterparts.

House Bill 11 was signed by the Governor on June 19, 2020, and is the most significant infant mortality legislation passed by this General Assembly. The new law:

Requires Medicaid coverage of smoking cessation programs without cost-sharing measures or time limits.
Requires the Ohio Department of Health (ODH) to establish a grant program for the provision of group-based prenatal health care services to pregnant Medicaid recipients residing in areas with high preterm birth rates and appropriates $5 million for the program.
Permits the Ohio Department of Medicaid to establish a dental program under which pregnant Medicaid recipients may receive two dental cleanings a year.
Requires ODH to develop educational materials concerning lead-based paint and distribute them to families who participate in its Help Me Grow Program and reside in homes built before 1979.

HB11 alone will not fix our Ohio’s infant mortality crisis, but it is an important measure to help Ohio become a state where children are happy, healthy, and able to reach their first birthday.

Unemployment Compensation Good Cause Exemptions From Returning to Work

In May, Ohio Poverty Law Center and Policy Matters Ohio asked Governor Mike DeWine to allow unemployed Ohioans to refuse an offer to return to work and continue receiving benefits if they had real, justifiable reasons.

On June 16, Governor DeWine signed an executive order defining circumstances under which workers may refuse an offer to return to work and continue receiving unemployment compensation benefits. There are five exemptions that constitute good cause under the Governor’s Order:

a medical professional’s recommendation that an individual not return to work because of he/she falls into a category that is considered “high risk” for contracting COVID-19 by the CDC and the employer cannot offer teleworking options,
employees 65 years of age or older,
evidence of a health and safety violation of the employer,
potential exposure to COVID-19 and subject to quarantine, or
caring for a family member with COVID-19 or a family member who is quarantining as recommended by a health professional.

While we are glad to see these exceptions, the order does not cover those who must stay home because their child care is not available due to COVID-19 closures.

Another Month of Rent Due Makes the Need for Rental Assistance More Urgent

OPLC continues to advocate on the state and federal levels for emergency rental assistance. Eviction moratoriums have been lifted across the state and many courts are hearing eviction cases. A U.S. Census Bureau survey reported that 36 percent of Ohio renters did not have confidence that they would be able to pay July rent.

OPLC joined with dozens of other organizations to ask Governor Mike DeWine to allocate $100 million of unspent federal Coronavirus Relief Fund dollars for emergency rental assistance. Congress is expected to pass some form of additional relief legislation later this month. We are advocating that Congress approve $100 billion for emergency rental assistance.

WE VOW TO DO MORE TO ELIMINATE RACIAL INEQUITIES AND FOSTER SOCIAL JUSTICE

Fri, 12 Jun 2020 13:28:00 GMT

We Vow to do More to Eliminate Racial Inequities and Foster Social Justice

George Floyd was murdered by those who swore an oath to protect his life. George Floyd’s death was not an anomaly and Ohio has its own violent legacy that includes the deaths of Tamir Rice, Johnathan Crawford III, Samuel DuBose, and Tyre King. These tragedies are not new, and neither is the struggle to end the injustices that allow them to grow.

But now, louder cries for justice are coming from all corners of our state as citizens take to the streets to demand systemic changes from our leaders. The Ohio Poverty Law Center stands with these peaceful protestors and calls on our leaders to make reforms. To achieve our mission to expand the legal rights of Ohioans living, working, and raising their families in poverty, we cannot ignore the role systemic racism plays in keeping people of color trapped in a perpetual cycle of poverty.

Expanding justice has always been at the forefront of our work, but we recognize we can do more to eliminate racial inequities and foster social justice. We renew our commitment to:

weigh the impact that policies will have on racial disparities,
identify how policies have created racial disparities,
advocate for policies that will advance racial equity, and
push back against policies that will be harmful to communities of color.

We vow to advocate until Ohio is a place where people of color are safe, valued, and worthy.

Racism is a Public Health Crisis

On Tuesday, June 9, the Ohio Poverty Law Center joined more than 125 other organizations and individuals in supporting Senate Concurrent Resolution 14 which declares racism a public health crisis. Our testimony asked lawmakers to support the resolution and state this General Assembly’s intent to promote racial equity.

Many racist laws and policies, including slavery and redlining, were eliminated years ago, but the long-term consequences of the policies remain. As a result, communities of color experience inequities that lead to large disparities in health outcomes. Without acknowledging the role that racism has had and continues to play in economic and health disparities, we will not close the gap.

Racism and segregation in Ohio exacerbate a health divide resulting in Black Ohioans having lower life expectancies than White Ohioans; and Black Ohioans being far more likely than other races to die prematurely or die of heart disease or stroke. In Ohio, Black babies have lower birth weights and have a nearly three times higher rate of infant mortality. Black Ohioans also are more likely to be overweight or obese, have adult-onset diabetes, and experience long-term complications from diabetes.

Racism also causes disproportionately high rates of homelessness, incarceration and inadequate education, as well as economic hardship for African Americans, all of which impact health outcomes.

The status quo has failed Black Ohioans. We can no longer ignore the issues that have for so long plagued communities of color. In addition to declaring racism a public health crisis, SCR14 asks the Governor to establish a working group to promote racial equity and commits to look at Ohio’s laws through a racial equity lens. We need to acknowledge that policies are not inherently race neutral; failure to consider race when creating laws often leads to unintentional and outsized impacts on communities of color.

Racism is not an issue for Black Ohioans to solve, we all must be committed. If all Ohioans do not have an equal opportunity to succeed, then Ohio cannot succeed. Ohio is at its strongest when residents of all backgrounds can contribute their diverse experiences to improve our state. We can no longer avoid the topic of racism and the role it has played shaping the Ohio we all live in. SCR14 represents a good first effort, but there is much work to be done if we are to build an Ohio where everyone is able to achieve their given potential. We can delay no longer; the time is now.

Our full statement in support of SCR14 and a list of others who support the resolution can be found here .

JUNE 2020 NEWSLETTER

Thu, 11 Jun 2020 14:31:00 GMT

Driver’s License Reinstatement Fee Waiver Program Legislation Approved

House Bill 285, sponsored by Representatives David Greenspan and Juanita Brent, creates a permanent driver’s license reinstatement fee waiver and reduction program for low-income Ohioans. Based on the successful 2019 sixth-month Amnesty Initiative, HB285 has been approved by both the House and the Senate. The bill will now head to the Governor’s office for his signature.

General Assembly Hopes to Address Issues with Unemployment Compensation System

House Bill 614, introduced by Republican Representatives Mark Fraizer and Tracy Richardson, expresses the General Assembly’s intent to study and reform the processes of the unemployment compensation system. In its first three hearings, the House Ways and Means Committee heard testimony from UC applicants, interested parties, and ODJFS Director Kimberly Hall. Through written comments, several legal aid attorneys shared their clients’ experiences with the unemployment compensation system including delays in payments and lack of services for those with limited English proficiency.

House Bill 672, the Worker Protection Act, introduced by Democratic Representatives David Leland and Lisa Sobecki, would extend unemployment benefits by expanding the just cause exemptions for an individual to quit or refuse suitable work. Just cause exemptions include individuals who are diagnosed with or experience symptoms of COVID-19 or who care for a family member or household member who is experiencing COVID-19 symptoms, individuals whose employers fail to follow safety guidelines issued by the CDC, individuals who are over the age of 65 or are immunocompromised, and individuals who are the primary caregiver for a child or person in the individual’s home who is unable to return to school or attend a childcare facility. The bill was referred to House

Insurance Committee and is awaiting its first hearing.

Need for Rental Assistance Grows and Advocacy Continues

OPLC continues to call for state and federal investments in emergency rental assistance for the duration of the COVID-19 crisis. The need for rental assistance is becoming even more dire as eviction moratoriums are lifted across the state and courts begin to hear eviction cases.

Both Ohio Senators Sherrod Brown and Rob Portman are promoting bills that would extend emergency rental assistance to prevent evictions. The U.S House voted on the newest stimulus package, the HEROES Act, on May 15, 2020. The legislation contains $100 billion in rental assistance and other sources of funding that support housing.

OPLC testified at a public hearing at the Ohio Development Services Agency (DSA) regarding its plan to distribute CARES Act dollars. OPLC called for a greater focus on rental assistance and is advocating for DSA to convene a working group of affordable housing stakeholders to design a rental assistance program for the state.

OPLC will continue to advocate for investments and policies to ensure that low-income families are safe and secure in their homes during the duration of this crisis.

Student Record Transfer Bill Approved by the Ohio House of Representatives

House Bill 111 would require schools to transfer student records within five days of receiving a request. HB111 was passed by the Ohio House of Representatives on May 13, 2020 with a vote of 80-14. It has been referred to the Senate Education Committee.

More than half of 1.7 million students enrolled in Ohio school districts are economically disadvantaged. These students are often in unstable housing situations making them more likely to be highly mobile and change schools frequently. Unfortunately, it often takes weeks or months for the school record to catch up to the student in the new school. With the COVID-19 pandemic making Ohio’s housing crisis even more unstable, we may see more families forced to move. If students must change schools, it is critical their records quickly follow. Ohio currently has no requirement for when records must be transferred.

MAY 2020 NEWSLETTER

Wed, 13 May 2020 12:18:00 GMT

Housing Stability During the COVID-19 Pandemic

On April 22, OPLC released its report “ Providing Stability to Ohio’s Housing Market During the COVID-19 Pandemic . ” The report highlighted Ohio’s patchwork approach to suspending evictions during the crisis and the looming eviction crisis that will likely follow once eviction moratoriums are lifted.

Even when evictions are on hold, rent payments are not. Ohio needs a centralized approach to address the needs of renters who are facing unemployment and financial instability as a result of the COVID-19 pandemic and Ohio’s stay-at-home order. Without resources to stabilize the rental housing market, Ohio will likely see an increase in evictions making it hard for Ohioans to re-enter the workforce as the economy recovers. The report calls for additional state and federal resources to be dedicated to rental assistance.

OPLC Joins Partners to Call for Health Equity in Data, Decision-Making, and Implementation of COVID-19 Efforts

Ohio has one of the worst health outcomes by race and ethnicity nationally. Recent data shows how overall health status outcomes are 1.3 times worse for Black Ohioans and many pre-existing health conditions that make individuals susceptible to serious illness and death from the coronavirus are over-represented in communities of color because of long-term disinvestment in these communities. In a letter to the DeWine Administration, which was signed by the Ohio Poverty Law Center, the Ohio Federation of Teachers, Advocates for Ohio’s Future, UHCAN Ohio, the Center for Community Solutions, and Children’s Defense Fund-Ohio, stated, “We are all in this together – so long as the same opportunities for optimal health and wellbeing are shared among all Ohioans and essential health care services are provided to those most in need and provision is not based on our individual race, ethnicity or income.”

Without direct action to address the needs and challenges of people who have been historically marginalized, Ohio will leave many people far worse off than others. If Ohio does not make the effort to collect data and examine it based on race, ethnicity, and geography, we will never effectively address decades of marginalizing policies and will only perpetuate them into the future. For example, while we can already see that Black Ohioans are disproportionately represented in the number of hospitalizations and deaths from COVID-19, we do not know the full scope of the problem because nearly a quarter of cases have no reported race or ethnicity.

Price Gouging

Attorney General Dave Yost is working with the legislature to give him more authority to go after businesses who are engaging in price gouging. Senate Bill 301 was introduced by Senators Nathan Manning and Steve Wilson. The bill makes changes to the Ohio Consumer Sales Practices and states that it shall be an unconscionable act or practice for a supplier to offer for sale or sell consumer goods or services that are directly or indirectly related to the state of emergency or necessary to preserve, protect, or sustain the life, health, or safety of persons or their property during the time of the emergency at a price grossly in excess of the price at which such goods were sold or offered for sale immediately prior to the state of emergency.

APRIL 2020 NEWSLETTER

Wed, 22 Apr 2020 12:30:00 GMT

What do School Closings Mean for Students and School Districts?

On March 30, 2020, Dr. Acton extended the previous K-12 school closure order through to May 1, 2020. Schools are still open to teachers and other staff, though they are encouraged to work from home if that is an available option.

The likelihood of K-12 schools closing for the rest of the year is incredibly high, with students, parents, and school administrators all attempting to adjust to a new normal that includes take-home packets and distance learning. The Ohio General Assembly passed House Bill 197 to deal with some of the issues brought about due to the COVID-19 pandemic. HB197 has several significant provisions that directly address education, including the following:

Limits the number of Ed Choice designated school buildings for the 2020-21 school year to those buildings previously eligible in the 2019-20 school year; allows siblings of current scholarship recipients, incoming Kindergarten students, and rising high school students to receive a performance-based scholarship for the 2020-21 school year if the building they attend or would attend meets these criteria.
Allows for public schools, community schools, private schools, and stem schools to make up lost days or hours using distance learning. School boards, governing bodies, or governing authorities that have adopted previous plans to address school closures and distance learning may amend those plans to be COVID-19 specific. School boards, governing bodies, and governing authorities that have not adopted a plan for distance learning may do so at any time.
Allows licensed professionals who were offering special education services to students via their school district, the John Peterson Scholarship Special Needs Scholarship, or the Autism Scholarship Program to continue to receive those services via telehealth or other electronic means.
Exempts schools from having to administer end of year assessments.
Prevents the Ohio Department of Education from publishing state report card ratings for the 2019-2020 school year and prevents ODE from assigning a grade letter to individual school buildings or grading specific measures for the 2019-2020 school year. The bill notes that the lack of report card data for 2019-2020 does not give schools a new starting point nor exempt them from sanctions and penalties based on previous years report card ratings.
Prevents third-grade students from being held back solely based on their academic performance in reading unless both the principal and the instructor in reading agree the student’s reading level is below grade level and the student is unprepared for fourth grade.
Allows for students who were either seniors in high school or on track to graduate from high school but have yet to complete the requirements for a high school diploma, to be granted a high school diploma.

The Ohio Poverty Law Center is working with the legal aid statewide education taskforce to identify gaps created by the COVID-19 pandemic.

CARES Act Stimulus Payments

The CARES Act provides for Americans to receive payments from the government to help with the difficulties created by COVID-19. Most adults with a Social Security number will receive rebates in the amount of $1,200 for individuals and $2,400 for joint filers, plus $500 for each child.

The amounts begin phasing out at incomes of $75,000 for individuals and $150,000 for joint filers. Individuals with incomes greater than $99,000 and couples with income greater than $198,000 will not receive a payment.

If you filed a 2018 or 2019 tax return or receive social security benefits, you will not need to do anything to receive the stimulus payment. For the most up-to-date information, see the IRS website .

Primary Election

The legislature extended the deadline for absentee voting in Ohio’s primary election until April 28, 2020.

If you have not already voted, you must request an absentee ballot. it will not be automatically sent to you. You can access the absentee ballot request form online and mail it to your county Board of Elections. You may receive an absentee ballot request form in the mail too.

You will receive your ballot in the mail following your request. You will need to return it to your county board of elections. Your absentee ballot must be postmarked by Monday, April 27, 2020, or you can drop off your ballot by Tuesday, April 28, 7:30 pm.

If you have a disability or are homeless, you may vote in-person on April 28, 2020, at your county Board of Elections between 6:30 am-7:30 pm.

OHIO POVERTY LAW CENTER MARCH 30, 2020 UPDATE

Wed, 22 Apr 2020 12:23:00 GMT

OPLC COVID-19 Update: Evictions and Unemployment Compensation

March 30, 2020

Friends

There has been so much change in our state and country since our last newsletter communication with you. Earlier this month, we were hopeful that Ohio would make the driver’s license reinstatement fee initiative permanent and reform occupational licensing to open employment opportunities for those with criminal records. Now, we have turned our advocacy to support those who will be hardest hit by the current crisis.

We appreciate and applaud the decisive leadership of Governor Mike DeWine in taking increasingly stringent steps to limit the spread of COVID-19. These steps will protect our health care system from becoming overburdened and save lives.

As we all work to change our habits and routines to abide by the recommendations and policies the Governor has put in place, we know their impact will be greater on the poorest Ohioans. More steps need to be taken to slow the spread of the virus and to give all Ohioans the ability to comply with the stay-at-home order.

Evictions

We have called for a statewide moratorium on evictions and continue to advocate for a halt to eviction filings and hearings during this crisis.

Some media coverage and statements from Congressional leaders note that the federal CARES Act prohibits evictions. The CARES Act does extend protections to some renters including those in live in federally assisted rental housing units, the rural voucher housing program, and properties with federally backed mortgage loans. But this applies to just a fraction of renters.

In Ohio, many courts have already adopted policies, but there are still courts that are continuing to hold eviction hearings. We urge all local courts to stop eviction proceedings for nonpayment of rent related to COVID19.

The moratorium on evictions needs to be combined with targeted rental assistance, to ensure the success of that policy while also stabilizing the housing market and avoiding widespread economic disruptions. Preventing evictions, when combined with other supports, will stabilize housing for both renters and property owners and reduce the spread of COVID-19. In addition to some immediate resources available through local Job and Family Service offices, the federal CARES Act will support states with more than $2 billion in Section 8 rental assistance, both tenant and project based, as well as $5 billion in community development block grant dollars that can also be used for rent assistance and other community and housing supports. The bill also contains additional supports for housing for the elderly and those with disabilities.

Unemployment Compensation

The Governor and legislature approved several changes to the unemployment compensation program to assist workers who are impacted by business closures or for those who do not have paid sick time but are sick or need to self-quarantine. The changes include waiving the one week waiting period before eligibility for benefits and the requirement that claimants actively search for work each week that they receive benefits.

Under the CARES Act, the federal government will provide $600 per week to individuals eligible for unemployment compensation. This is in addition to what the state will provide an individual. The CARES Act also extends unemployment compensation by 13 weeks and makes eligible independent contractors, gig workers, and freelancers. The Act also expands unemployment compensation eligibility to those who are quarantined or self-quarantined.

For More Information and Updates

All of Ohio’s legal aid offices are open and serving clients. Check the website of your local legal aid for up-to-date information or to access services.

Follow Ohio Poverty Law Center on Instagram, Twitter, or Facebook for updates to public programs and services, and our advocacy efforts.

MARCH 2020 NEWSLETTER

Tue, 03 Mar 2020 14:35:00 GMT

Community and Editorial Support Grows for Occupational Licensing Reform

House Bill 263 overhauls Ohio’s occupational licensing laws to give more opportunity to those with criminal records to seek licensing. HB263 recently passed unanimously out of the House Commerce and Labor Committee. While we wait for a vote by the full House of Representatives, we have seen community and editorial support for the measure grow.

In his letter to the editor in The Blade (Toledo), Rev. Donald Perryman, President of the United Pastors for Social Empowerment, noted that when “public policy acts as a barrier to a person with a criminal record reaching their full potential, the long-term consequences impact individuals, families, and their communities” and called on elected officials to demonstrate compassion and understanding to remove these barriers.

The February 26 editorial in The Columbus Dispatch stated that “those who have done their time and paid their fines should not have to continue paying unforeseen penalties of housing rejections, employment denials and occupational licensing restrictions that bear no relationship to their convictions.” The editorial urged the legislature to enact HB263. The same week, The Repository (Canton) republished The Columbus Dispatch editorial saying that its “Editorial Board joins the board at The Columbus Dispatch, authors of this editorial, in calling for a change in the law affecting professional licenses.”

We join these voices to call on the Ohio House of Representatives to act quickly to approve HB263.

Expansion of the Homestead Exemption

Recently introduced, House Bill 439, will enable low-income seniors and persons with disabilities, and disabled veterans, many on fixed incomes, to afford to stay in their homes especially as local property taxes are increased. HB439 allows the homestead exemption for low-income seniors and persons with disabilities and the enhanced homestead exemption for veterans with disabilities to increase with inflation.

Currently, the Senior and Disabled Persons Homestead Exemption excludes the first $25,000 of the home’s value from taxation. For example, if a home is worth $100,000, it will be taxed as if the home were worth $75,000. The Disabled Veterans Enhanced Homestead Exemption excludes the first $50,000 of the home’s value from taxation. For example, if a home is worth $100,000, it will be taxed as if the home were worth $50,000. HB439 would adjust by the rate of inflation the amount of the home’s value that is excluded from taxation each year.

Court Rules that Children of Undocumented Immigrants in Ohio who are U.S. Citizens Should be Able to Obtain Driver’s Licenses

Under previous Ohio Bureau of Motor Vehicles (BMV) policy, minors in the state had to have parents co-sign for their driver’s license, and their parents had to have legal status in the country.

That all changed last week when U.S. District Judge Edmund A. Sargus Jr. ruled that the policy violates the equal-protection clause of the U.S. Constitution. In the suit, brought by Advocates for Basic Legal Equality, Judge Sargus agreed that the BMV cannot determine document requirements for a license in a “discriminatory manner.”

Children of undocumented immigrants in Ohio who are U.S. citizens should now be able to obtain driver’s licenses. The court found that the BMV’s policy that the otherwise-eligible minor children of undocumented parents cannot obtain licenses because they do not permit parents to cosign their applications violates the Equal Protection Clause. The court also granted class certification in the case.

FEBRUARY 2020 NEWSLETTER

Tue, 04 Feb 2020 16:41:00 GMT

Driver’s License Bill Keeps Moving

On January 21, the Senate Local Government, Public Safety, and Veterans Affairs Committee had its second hearing for HB285, the driver’s license reinstatement fee waiver and reduction program. Megan O’Dell, along with many other partners, testified in support of the bill. HB285 is one of our “5 must-pass bills.”

CMS Announces New Program for Medicaid Block Grants

Last week, the Center for Medicare and Medicaid Services (CMS) issued guidance that creates a road map for states to implement ‘block granting’ in their Medicaid programs for the expansion population. The block granting initiative is titled the ‘ Healthy Adult Opportunity ’ program. Block granting is a term used to describe policies that allow states to cap the amount of Medicaid dollars they receive, which would in turn cap the state’s contribution. Currently, states have an open-ended commitment to pay for health care services for all who are eligible. Block granting would allow the states to limit coverage and access standards.

Congress imposed block grants on the cash assistance welfare program in 1996 and renamed it Temporary Aid to Needy Families (TANF). Block grants in TANF led to a significant overall decline in aid to low-income families.

This policy is likely to face legal challenges that will delay any eventual implementation in states that choose to pursue the policy.

Ohio’s Minimum Wage

While Ohio’s minimum wage increased to $8.70 per hour on Jan. 1, 2020, an annual increase approved by voters in 2006, it is still far below a living wage. Some lawmakers and some advocacy groups want to change this.

Two minimum wage bills are pending in the General Assembly. HB34 and SB90 both propose to phase in an increase in the minimum wage to $15 per hour. HB34 was scheduled for its first hearing this month.

Knowing that voters are more likely to approve a hike in the minimum wage than the legislature, a coalition of community and union leaders called Ohioans for Raising the Wage, is proposing a ballot initiative to increase the minimum wage to $13 per hour by 2025. Last week Attorney General Yost certified the petition. It now needs to be approved by the Ohio ballot board which certifies the language voters will see. After approval from Ohio’s ballot board, Ohioans for Raising the Wage can begin collecting signatures to add its proposed amendment to the November general election ballot. The group must gather 442,958 valid signatures of registered Ohio voters by July 1.

According to a report by Policy Matters Ohio , an increase in the minimum wage to $13 per hour will help 1.4 million working Ohioans, giving them, on average, an additional $1,876 in their pockets each year for full-time work.

Public Charge Rule Cleared

Last week, the United States Supreme Court issued a ruling that will allow the Department of Homeland Security to begin enforcing the Administration’s ‘public charge’ rule that was issued in August. The final rule re-interpreted a long-standing immigration statute that states the United States may deny granting permanent residency to any immigrant who is likely to become a ‘public charge.’ That statute had historically been interpreted very narrowly to apply mainly to persons who would require institutional levels of care. The final rule expands that definition to apply to anyone who would receive most forms of public assistance for more than 12 months in a 36-month window. The rule applies to a wide range of services, from SNAP benefits to affordable housing. The rule is widely predicted to have a chilling effect on immigrant communities who, regardless of immigration status, will fear deportation if they accept public assistance of any kind.

The rule is temporary until a lawsuit challenging the rule works its way through the appeals process.

Mark Your Calendar

OPLC is hosting its 2 ^nd young professionals happy hour at Strongwater on February 11 ^th from 5:30 pm to 7:30 pm. We will be highlighting our five must-pass bills and will have easy advocacy activities to support those bills. Strongwater is located at 401 W Town St, Columbus, OH 43215.

JANUARY SPECIAL EDITION NEWSLETTER

Wed, 22 Jan 2020 16:10:00 GMT

OPLC’s Five Must-Pass Bills in 2020

With lawmakers returning to the capitol this week, the Ohio Poverty Law Center delivered a list of five must-pass bills to their offices. OPLC identified five bills that must pass in 2020 in order to improve the lives of Ohioans, especially those living and working in poverty. While just a fraction of the policy changes OPLC is working on, the laws created by the following five bills will make a big difference for the more than 1.6 million Ohioans living in poverty.

1. House Bill 285 establishes a driver’s license reinstatement fee reduction and waiver program for low-income Ohioans. The bill is based on the successful pilot program, which served nearly 77,000 Ohioans, helping them to get their driving privileges restored.

2. House Bill 263 removes barriers to employment by reforming occupational licensing for Ohioans with criminal records. It requires licensing agencies to create new disqualifying offense lists that only include offenses related to the duties and responsibilities of the licensed occupation. HB263 would also only allow licensing agencies to consider disqualifying offenses for five years after the date of conviction or the release from incarceration, whichever is the most recent.

3. House Bill 111 requires school districts to transfer student records within five days of receiving a request.

4. House Bill 443 and Senate Bill 254 , companion bills, require compliance audits of health plans to make sure they are following federal parity requirements. The legislation prohibits any treatment limitations for mental health and substance use disorder benefits that are not also applied to medical and surgical benefits.

5. Senate Bill 11 and House Bill 369 , called the Ohio Fairness Act, are identical bills that protect against employment discrimination, housing discrimination, and discrimination in accessing basic goods and services based on sexual orientation, gender identity, or gender expression.

In a letter to all members of the General Assembly, OPLC director Susan Jagers urged them to put these bills on their list of 2020 priorities. “Our must-pass bills help pave the way for a brighter future for our children, address barriers to employment and make the Buckeye State a more welcoming place for all,” she said. “We are hopeful that our legislators will consider the 14 percent of our population who live in poverty when they set their 2020 priorities.”

Click here for more information about the five bills and who will benefit from these important policy changes.

JANUARY 2020 NEWSLETTER

Mon, 06 Jan 2020 21:27:00 GMT

At the Half

With the start of 2020, the 133 ^rd General Assembly is half-way through the current session. In 2019, more than 700 bills were introduced in the House and the Senate. But only 21 of those bills went to the Governor for his signature and became law.

Separately, the chambers were more productive. The House passed 69 bills and the Senate passed 55 bills—all of which are waiting on the other chamber to act.

We continue to advocate for changes that remove barriers to employment for Ohioans with criminal records and improve access to health care and safety-net services and hope 2020 will see improved policies for low-income and marginalized Ohioans.

Mental Health and Substance Use Disorder Parity Legislation Introduced

In December, legislation to address access to mental health and substance use disorder treatment was introduced. OPLC is working as part of the Ohio Parity @10 Coalition, which includes more than 20 organizations focused on enforcing the Mental Health Parity and Addiction Equity Act (MHPAEA). Passed in 2008, the MHPAEA prohibited insurers from placing any limitations on treatment benefits for mental health and substance use disorders that were not in place for medical or surgical benefits. Although passed over a decade ago, parity enforcement has been severely lacking in Ohio. Many Ohioans are not even aware of parity requirements. Lack of enforcement has had a detrimental effect on Ohioans with mental health issues or substance use disorders who are trying to access care.

According to a recently released Milliman Research Report , Ohioans were five times more likely to utilize an out-of-network behavioral health facility than an out-of-network medical/surgical facility. Additionally, there have been instances where health plans have limited the amount of treatment people can receive or placed utilization barriers such as prior authorization requirements or step therapy protocols.

Companion bills were introduced in both the House and the Senate. HB443 introduced by Representatives Russo (D-Upper Arlington) and Plummer (R-Dayton) and SB254 introduced by Senators Gavarone (R-Bowling Green) and O’Brien (D-Cortland) would require the Superintendent of the Department of Insurance and the Director of Medicaid to enforce parity law under the MHPAEA. The legislation would require both departments to perform compliance exams of health plans to make sure they are following parity requirements and health plans would also have to perform their own assessment of their benefits to ensure parity compliance. The bills prohibit any treatment limitations for mental health and substance use disorder benefits that are not also applied to medical and surgical benefits. HB443 and SB254 would also ban any step therapy or prior authorization requirements for any medications used for treating substance use disorders. If a consumer or provider feels as if a health plan is not in compliance with parity requirements, the legislation allows for them to submit a complaint to either the Department of Insurance or through a managed care organization’s grievance process. HB443 and SB254 will allow for greater transparency of health plans while making it easier for Ohioans to gain access to mental health and addiction treatment.

Homestead Exemption Bill Introduced

Rep. Jason Stephens (R-Kitts Hill) introduced HB439 in December 2019. The bill adjusts for inflation the $25,000 homestead exemption for low-income disabled and elderly Ohioans. The bill would also adjust for inflation the enhanced exemption for disabled veterans.

Expansion of SNAP Work Requirements Rule

The United States Department of Food and Nutrition Services finalized a new rule that will force thousands of able-bodied adults without dependents (ABAWDs) to engage in work activities for 20 hours per week to receive benefits. Currently, states can exempt regions of the state with high levels of unemployment from the work requirement. However, the new rule imposes a much stricter methodology for determining the unemployment rate as well as sets a threshold level of unemployment under which few Ohio counties will be exempted. An estimated 45,000 Ohioans are at risk of losing food assistance in April when the new rule goes into effect. This Public News Story highlights the concerns about the new rule, especially in rural counties.

DECEMBER 2019 NEWSLETTER

Thu, 02 Jan 2020 19:28:00 GMT

School Record Transfers

House Bill 111 requires schools and school districts to transfer school records within five days of receiving a request.

Poor students are more likely to change schools or districts than more affluent students. When school records are not transferred in a timely manner, teachers and school administrators are unable to provide students with the most appropriate education especially for students who have Individual Education Programs (IEPs). Students may spend weeks in an inappropriate classroom settings or the school may be failing to address certain needs of students because they do not know the needs exists.

The House Primary and Secondary Education Committee approved the bill on Nov. 19, 2019. We hope to see it approved by the Full House of Representatives soon.

Drivers License Reinstatement Fee Bill

We reported in October that House Bill 285, which makes the drivers license reinstatement fee waiver and reduction program permanent, was on the move. It was voted out of committee on Oct. 30 and was approved by the House of Representatives on Nov. 6, 2019. The bill, which needs to be approved by the Senate, was referred to the Senate Local Government, Public Safety and Veterans Affairs Committee. OPLC and its partners are meeting with committee members and hope the bill moves quickly through the Senate.

The pilot program to reduce or waive reinstatement fees has been extended through Dec. 31, 2019.

Improvements for CQEs

Senate Bill 5, which has been sent to Governor DeWine for his signature, was amended to improve the use of Certificate of Qualification for Employment (CQE). The changes include capping the CQE application fee at $50 statewide, subject to a full waiver for indigency, creating a rebuttable presumption that former offenders are entitled to a CQE if three years have passed since completing their felony detention and/or supervision, or one year has passed since completing their misdemeanor detention and/or supervision, and requiring state licensing websites not only to post crimes that preclude licensing, but also to state that a CQE would allow a license applicant to overcome this exclusion.

Ohio Gets a “C” in NCLC’s New Report

The National Consumer Law Center issued its “No Fresh Start in 2019” report grading states on debt collection practices. Ohio received an overall grade of a C. While scoring high on its protection of a home from creditors, the state received an “F” for extremely weak protections of wages. Ohio protects just the federal minimum from wage garnishment.

Wage garnishment is the legal process by which a creditor takes part of your wages from your paycheck before you are paid which reduces your take-home pay. For Ohioans who get behind on their bills, a creditor may garnish up to 25% of a person’s paycheck to satisfy the unpaid debt, making it even harder for low-wage workers to make ends meet and get out of debt.

NOVEMBER NEWSLETTER

Tue, 05 Nov 2019 14:02:00 GMT

Check Us Out!

Ohio Poverty Law Center launched its new “refreshed” website last week. On our new mobile-friendly site, you will find current news and information about our work, can sign up for newsletters, and donate to support our work.

Occupational Licensing Changes for Ohioans with Criminal Records

House Bill 263 removes barriers to employment by reforming occupational licensing and allowing individuals with criminal records access to employment. Licensing agencies would be required to create new disqualifying criminal offense lists that only include offenses related to the duties and responsibilities of the licensed occupation. The licensing agencies would only be able to take these disqualifying offenses into consideration for five years after the date of conviction or release from incarceration, whichever is later.

Have you, a family member, or friend missed out on employment opportunities or occupational licensing due to past criminal records? If have experienced these barriers, please let us know. Send us an email at info@ohiopovertylaw.org .

Ohio Fairness Act Gets a House Companion Bill

Rep. Michael Skindell (D-Lakewood) and Rep. Brett Hillyer (R- Uhrichsville) introduced a bill in the Ohio House that would expand rights for LGBTQ people by protecting access to housing, employment, and public accommodations. The bill, HB369 , mirrors a piece of legislation already introduced in the Ohio Senate, both are called the “Ohio Fairness Act.”

Rep. Dave Greenspan receives Voice of Justice Award The Ohio Access to Justice Foundation honored State Representative Dave Greenspan (R-Westlake) with the 2019 Voice of Justice Award. The award recognizes a person or organization demonstrating outstanding leadership and advocacy on behalf of low-income Ohioans who may need legal assistance to help them live stable, healthy and financially secure lives. Rep. Greenspan was recognized for his advocacy on legislation to create the Reinstatement Fee Amnesty Initiative pilot program, which helped nearly 77,000 Ohioans address barriers to restoring their driver’s licenses, and ongoing efforts to make the program permanent.

The Senate version, SB11, has had two hearings. At its second hearing for proponents, several organizations testified in support and more than 200 individuals and organizations submitted written testimony including OPLC. The measure is supported by the Ohio Chamber of Commerce and other business groups.

OCTOBER NEWSLETTER

Tue, 08 Oct 2019 21:44:00 GMT

October Newsletter

SNAP BENEFITS

EBT CARD PHOTOS

The General Assembly began hearing testimony on HB58 and SB165, identical bills that would require all Electronic Benefits Transfer (EBT) cards used to purchase food through the SNAP program to contain a photograph of an authorized user. The EBT card would have one authorized person’s photo even though all members of the household are authorized to use the SNAP EBT card. In addition, households can designate someone as an authorized representative, such as a caregiver, who can use the card on their behalf.

The proposed legislation will be difficult to implement and puts retailers inadvertently at risk of violating federal law. In fact, the United States Department of Agriculture-Food and Nutrition Servi ces (FNS) issued a warning to states seeking to implement a SNAP EBT photo requirement stating that “implementation involves complex legal, operational, and civil rights considerations; if not well planned, it can inhibit benefit access for eligible participants which could violate federal law.” Supporters of the legislation suggest that the photo requirement will reduce fraud. However, the SNAP program rules and experiences from other states show that it will be difficult to implement and a burden on retailers and will not significantly reduce fraud. OPLC opposes this legislation and is working to educate lawmakers about experiences in other states that have attempted to implement similar policies.

MORE COUNTY WAIVERS

The SNAP program requires adults, between 18 and 49 who don’t have children and are not disabled, spend at least 80 hours a month working, or participating in job training or work-related activities. Those who do not meet the requirement may receive aid for just three months over a three-year period. States can ask the federal government to waive the time limit for people who live in areas with high unemployment.Last month, the DeWine administration requested and received a time limit waiver in 42 economically distressed counties in Ohio . Previously 38 counties had a time limit waiver. The four counties added to the waiver list are Henry, Lake, Stark and Summit Counties.

BROAD-BASED CATEGORICAL ELIGIBILITY RULE COMMENTS

OPLC coordinated comments in opposition to the federal rule that would eliminate broad-based categorical eligibility (BBCE). Ohio uses BBCE to eliminate the asset tests for SNAP. The proposed rule change to eliminate BBCE for SNAP would cause approximately 61,081 Ohio households—approximately eight percent of all SNAP households—to lose their SNAP benefits, according to a report by the Robert Wood Johnson Foundation. The US Department of Agriculture Food and Nutrition Service’s (FNS) own analysis predicts between 2.9 percent and 7.6 percent of SNAP households would lose benefits under the proposed rule. This would be an economic disaster for Ohio families. SNAP benefits are a critical safety-net support for low-income families.

IMPROVEMENTS FOR CQES

Last week, three amendments were added to SB5 that will improve the use of Certificate of Qualification for Employment (CQE). One would standardize fees for CQEs at $50 statewide, subject to a full waiver for indigency. The second amendment would create a rebuttable presumption that former offenders are entitled to a CQE if three years have passed since completing their felony detention and/or supervision, or one year has passed since completing their misdemeanor detention and/or supervision. The third amendment would require state licensing websites not only to post crimes that preclude licensing, but also to state that a CQE would allow a license applicant to overcome this exclusion. Rep. Bill Seitz (R-Cincinnati) offered these amendments which were unanimously approved in committee. SB5 has already passed the Senate and we hope it will be voted out of the House in the coming weeks.

Contact OPLC for more information: Contact OPLC Staff for more information:

Susan Jagers
sjagers@ohiopovertylaw.org
General OPLC information, Consumer issues

Tim Johnson
tjohnson@ohiopovertylaw.org
Education, Health, and Children Services

Graham Bowman
gbowman@ohiopovertylaw.org
Medicaid and Public Benefits, Family Law

Megan O’Dell
modell@ohiopovertylaw.org
Employment issues, Housing

SEPTEMBER NEWSLETTER

Mon, 09 Sep 2019 21:54:00 GMT

WE NEED YOUR HELP!

The legislature returns this week from its summer break. There are several bills pending that will help remove barriers to employment by expanding record sealing and treatment in lieu of conviction, allowing record expungement, changing drug sentencing statutes, and overhauling Ohio’s occupational licensing system to give more opportunity to Ohioans with criminal records.

We are supporting some of these bills and working to improve others. But we need your help! We need stories of Ohioans who have missed out on employment or occupational licensing opportunities because of their criminal records. If you have any clients or contacts that have experienced these barriers, please let us know by contacting Megan O’Dell at modell@ohiopovertylaw.org or 614-824-2621.

DRIVER’S LICENSE REINSTATEMENT FEE INITIATIVE

HB285, the bill which expands eligibility and makes the Initiative permanent, will have sponsor testimony on Tuesday, Sept. 10. We are encouraged that the bill was scheduled for a hearing as soon as they returned from summer break. We are reaching out to members of the House Transportation and Commerce Committee to encourage swift action on this bill.

NEW REPORT SHOWS THAT NOT ALL OHIO WORKERS ARE THRIVING

It is probably not news to you, but according to the State of Working Ohio 2019 report , released by Policy Matters Ohio, low-income Ohioans are struggling despite the longest economic expansion in history.While unemployment is extremely low at the state and national level, Ohio job growth has stalled, Ohio labor force participation is lower than it has ever been, and Ohio wages have not caught up to previous peaks.The report finds that state and federal policymakers have cut taxes for the wealthiest, leaving communities with insufficient resources to invest in the next generation, treat addiction, and address effects of climate change like floods and lake pollution.

Additional findings include:

Wage troubles: Median wages have been edging up since 2011, but Ohio wages remain behind U.S. wages (an $1,100 annual deficit) and behind Ohio’s 1979 median. Nine of Ohio’s 10 most common jobs pay under $36,000 a year, too little for a family of three to afford food without aid. With full-time work, women still earn nearly $7,000 less a year than men and black Ohioans earn over $10,000 less a year than white Ohioans at the median. Black workers earn far less than they did in 1979 – $4,742 less a year adjusted for inflation – and the gap has worsened.

Employment paradox: Ohio’s unemployment rate – 4.5% for 2018 and 4% in June and July 2019, is almost as good as it gets (2001’s annual rate was 4%). But Ohio has never had such a large share of men who are not working and no longer looking for work and the share of women working or seeking work is also below previous peaks.

Slowing job growth: Ohio lost 9,000 jobs from January to July 2019 (preliminary). The state remains 28,000 jobs below levels in early 2000. Ohio lost 5,700 public sector jobs since January 2017 and manufacturing job growth weakened substantially in 2019.

Contact OPLC for more information:

Susan Jagers
sjagers@ohiopovertylaw.org
General OPLC information, Consumer issues

Tim Johnson
tjohnson@ohiopovertylaw.org
Education, Health, and Children Services

Graham Bowman
gbowman@ohiopovertylaw.org
Medicaid and Public Benefits,Family Law

Megan O’Dell
modell@ohiopovertylaw.org
Employment issues, Housing

AUGUST NEWSLETTER

Mon, 26 Aug 2019 22:08:00 GMT

NEARLY 70,000 OHIOANS ON THE ROAD TO GETTING THEIR DRIVER’S LICENSES

The Reinstatement Fee Amnesty Initiative was a success! 76,669 individuals had reinstatement fees waived or reduced collectively saving over $63 million. The average amount waived for individuals was $1,270 and the average amount in fee reductions was $789. Through the program, the BMV collected $3.6 million in reinstatement fees, an amount they likely would not have collected otherwise. Amnesty Initiative clinics were held statewide, bringing together legal aid and private bar attorneys, courts, the BMV, job and family services, and child support agencies to assist individuals in getting valid driver’s licenses.

The six-month pilot program ran from January 31 ^st to July 31 ^st but was extended in the budget. The program will run again from October 18 ^th to December 31 ^st . Pending legislation, House Bill 285, would make the program permanent. It would also allow for individuals receiving Medicaid, SSI, VA, OWF, and SNAP benefits to have eligible reinstatement fees waived. Under the current program, only individuals receiving SNAP benefits are eligible to have reinstatement fees waived. Findings from the pilot program and information on House Bill 285 can be found in Moving Forward , OPLC’s latest report on the Amnesty Initiative.

PUBLIC CHARGE RULE

“Give me your tired and your poor…who can stand on their own two feet and who will not become a public charge.” This quote came from the Acting Director of U.S. Citizenship and Immigration when the Trump Administration published the final version of its much anticipated ‘public charge’ rule. The rule will make it significantly harder for immigrants to gain admission to the United States or gain permanent legal status. The rule re-interprets a law dating back to 1880s that states that any ‘alien’ seeking admission or adjustment to status is inadmissible if they are “likely at any time to become a public charge…” For decades that rule was interpreted narrowly to apply only to narrow circumstances where the person is primarily dependent on TANF, SSI, or other publicly funded long-term care. The new rule expands that definition to apply to anyone who receives essentially any public benefit for more than 12 months in a 36-month period of time, including Medicaid, SNAP, and federally subsidized housing. You can read more details from the Kaiser Family Foundation here . The rule is widely considered to have an immediate chilling effect on immigrant families who will fear that accepting public benefits will lead to deportation or denial of permanent status. OPLC submitted comments in opposition to the proposed rule in December 2018. Multiple states filed separate lawsuits to block implementation of the rule .

OHIO DEPARTMENT OF MEDICAID SOLICITS COMMENTS ON WORK REQUIREMENT EVALUATION DESIGN

The Ohio Department of Medicaid (ODM) published a draft of the evaluation design it will use to assess the impact of the work requirements. The evaluation is part of heightened evaluation requirements imposed by CMS in March 2019. As part of the ongoing monitoring process, ODM will be required to report on more than 40 “quantitative eligibility and coverage metrics” related to work requirements. This data will be far reaching, ranging from numbers of passive redeterminations, whether the requirements were met through community service or job training, to the number of individuals who received exemptions for mental or physical unfitness for work. The state estimates that half of those subject to the work requirement will exit the program, which will impair their ability to study the long-term effects of the program on recipient’s access to health care. OPLC will submit comments today.

STATE BUDGET RECAP

Fri, 19 Jul 2019 22:14:00 GMT

AFTER A 17-DAY EXTENSION, THE OHIO BUDGET IS FINALIZED

On Wednesday, July 17, the House and the Senate approved the conference committee report on the state budget for fiscal years 2020 and 2021 and sent it to Governor DeWine for his signature. House Bill 166, the $69 billion, two-year budget includes tax cuts and increased spending on children’s services, education, and public health programs. The bill passed with bipartisan support, clearing the House by a 75-17 vote and the Senate 29-1. Fifteen of 38 House Democrats voted no, and the lone Senate ‘no’ vote came from state Senator Teresa Fedor of Toledo.

Following is a summary of issues we worked on or followed during the budget debate.

Medicaid: The budget included needed state investments for CHIP and the increased state share for the Medicaid expansion. The budget earmarks money for the implementation of the work requirements which are set to go into effect in January 2021. In addition, language requires the director to implement strategies that address social determinants of health including housing, transportation, food, interpersonal safety, toxic stress, and employment.

Lead: The budget included key investments to address lead exposure including:

$450,000 over the biennium for licensing lead abatement workers and contractors.
$800,000 to help qualifying property owners with lead abatement and for demolition of lead-blighted properties.
$27 million in new funding to expand access to developmental and behavioral supports for young children with lead poisoning through Early Intervention.
$5 million each year for a nonrefundable personal income tax credit to reimburse for lead abatement work. The tax credit is capped at $10,000 per household with income eligibility limits.
$1 million in each fiscal year is earmarked for the Lead Safe Cleveland Coalition
$150,000 in each fiscal year for lead abatement in Toledo.

Student Wellness and Success Funding : Governor DeWine’s budget proposed $550 million over the biennium for wrap around services in schools. The Ohio House increased the funding by an additional $125 million. While the additional funds were re-purposed in the Ohio Senate, they were ultimately restored in the final budget. These funds are weighted to go to schools with high poverty rates and can be used for mental and physical health, mentoring programs, family engagement, and other student services. The final budget also reinstated a provision that provided an additional payment for schools that received supplemental targeted assistance last fiscal year.

Children’s Services Funding: The budget increased funding by more than $100 million dollars for public children service agencies. The funding will go to increasing base allocation amounts to each county, recruiting and retaining foster parents, strengthening best practices, and working to prevent multi-system youth from entering PSCA custody.

Statewide Treatment and Prevention: The budget includes funding for a Statewide Treatment and Prevention fund at a time where Ohio is experiencing a high number of opiate overdose deaths. Some of the funding increase is to be used to fund K-12 prevention education initiatives as well as statewide multi-media prevention and treatment campaign.

Infant and Maternal Mortality: Additional funding was included for the Commission on Minority Health for expansion of the Pathways HUB model. The Pathways HUB is an evidence-based care coordination model proven to reduce infant mortality rates in their established areas. The budget would allow for the number of hubs to double from six hubs to twelve hubs statewide. The final budget also retains the Pregnancy Associated Mortality Review board and requires the board to submit reports regarding maternal mortality biennially instead of triennially.

Kinship Care: The final budget maintained the Kinship Care Program with an earmark of $15 million each year and established the new Kinship Navigator Program funded at $8.5 million each fiscal year.

Multi-System Youth: The budget contains a requirement for the Ohio Family and Children First Cabinet Council create a multi-system youth action plan to implement recommendations to end forced custody relinquishments. The final budget also appropriates $18 million over the biennium to prevent forced custody relinquishment and help obtain services for multi-system youth.

Ohio Housing Trust Fund: County recording fees will be increased with 50 percent of the new revenue going to affordable housing and homelessness programs. The increase in fees should generate an additional $2.5 million to $3 million a year for OHTF.

Driver’s License Reinstatement: The Reinstatement Fee Amnesty Initiative scheduled to end on July 31, 2019 was extended in the budget until December 31, 2019. However, there will be a short lapse in the program, and it will not be running again until October 18, 2019. When the program starts back up, its provisions will be identical to those of the pilot program.

Nursing Homes: A provision making nursing homes the automatic authorized representative for residents under their care was added in House version of the budget, removed by the Senate, and added back to the final budget that was sent to the Governor. This provision was opposed by OPLC and long-term care advocates. The Governor line-item vetoed this provision, stating that it was a violation of federal law and restricted patient choice.

Legal Services Funding: OLAF advocated for general revenue funding for legal services. The General Assembly approved $500,000 in each year of the biennium: $250,000 to serve veterans and $250,000 to provide legal services for individuals and families affected by substance abuse disorders. In addition, the budget contained language to change OLAF’s name to the Ohio Access to Justice Foundation.

Healthy Ohio and Other Eligibility Restrictions: Sometimes what doesn’t make it in the budget is just as important as to what does. An earlier version of the budget in the House contained language re-introducing the Healthy Ohio program, which would impose premiums and other punitive cost-sharing measures on the Medicaid program. OPLC and other advocacy organizations made the case that the proposal was anything but healthy and the language was quickly removed before a floor vote. Multiple bills were introduced this spring that would impose stricter work requirements and other eligibility restrictions on the SNAP and Medicaid program. Many advocates were worried that some of these proposals would be added into the final budget. However, thanks to consistent pushback from advocates and their legislative allies no eligibility restrictions for social safety net programs were included in the final budget.

FEBRUARY NEWSLETTER

Thu, 28 Feb 2019 23:20:00 GMT

DRIVER’S LICENSE REINSTATEMENT FEE AMNESTY INITIATIVE

The driver’s license reinstatement fee amnesty initiative was created by the legislature to allow the BMV to forgive reinstatement fees of eligible driver’s license suspensions for qualified participants. The temporary program began on January 31st and will run for 6 months. We have received several requests for clarification on the program, particularly regarding any waiting period that must take place.

Here are the details you should know:

For individuals who qualify for amnesty (full relief of reinstatement fees for qualifying suspensions):

Must complete all court-ordered sanctions related to the eligible offense
Demonstrate proof of indigency by providing SNAP documentation to the Registrar

For individuals who do not qualify for amnesty but qualify for debt reduction:

Must complete all court-ordered sanctions related to the eligible offense
At least 18 months have expired since the end of the period of suspension ordered by the court

A full list of qualifying suspensions can be found here . Suspensions related to alcohol, drug abuse, or a deadly weapon are not eligible.

Local media outlets have been covering the amnesty initiative incorrectly. We are in contact with the BMV, and they have assured us they will correct the errors. If you have questions, contact Megan O’Dell at modell@ohiopovertylaw.org or Melissa Dutton at mdutton@ohiopovertylaw.org .

GENERAL ASSEMBLY UPDATE

Ohio House of Representatives

The House elected its leadership teams last week. Joining Rep. Larry Householder, who was elected Speaker of the House in early January, is Rep. Jim Butler (R-Dayton) as the speaker pro tempore, Rep. Bill Seitz (R-Cincinnati) as majority floor leader Rep. Anthony DeVitis (R-Uniontown) as assistant majority floor leader, Rep. Jay Edwards (R-Nelsonville) as majority floor whip, and Rep. Laura Lanese (R-Grove City) as assistant majority floor whip.

The Democratic leadership team consists of Rep. Emilia Sykes (D-Akron) as minority leader, Rep. Kristin Boggs (D-Columbus) as assistant minority leader, Rep. Kent Smith (D-Euclid) as minority whip, and Rep. Paula Hicks-Hudson (D-Toledo) as assistant minority whip.

The House also seated Adam Holmes to the vacant 97th House District. Rep. Holmes succeeds Rep. Brian Hill (R-Zanesville), who moved over to the Ohio Senate to fill now U.S. Rep. Troy Balderson’s (R-Zanesville) former seat.

Committee assignments were announced on Friday. No bills have been introduced yet, but we could see bills as early as this week with committee hearings starting next week.

Ohio Senate

The Senate’s leadership team includes:

Senate President Larry Obhof (R-Medina)
Senator Bob Peterson (R-Washington Courthouse), President Pro Tempore
Senator Matt Huffman (R-Lima), Majority Floor Leader
Senator Jay Hottinger (R-Newark), Majority Whip
Minority Leader Kenny Yuko (D- Richmond Heights)
Senator Cecil Thomas (D-Cincinnati), Assistant Minority Leader
Senator Sean O’Brien (D-Bazetta), Minority Whip
Senator Sandra Williams (D-Cleveland), Assistant Minority Whip

The Senate seated Rep. Theresa Gavarone (R-Bowling Green) to fill the seat vacated by Senator Randy Gardner who joined the DeWine Administration as Chancellor of Higher Education.

President Obhof named Senator Matt Dolan (R-Chagrin Falls) as finance chair and named Senators Dave Burke (R-Marysville) and Vernon Sykes (D-Akron) as finance committee vice chair and ranking minority member, respectively.

No bills have been introduced yet but expect to see Senate Republican priority legislation introduced this week.

JANUARY NEWSLETTER

Thu, 31 Jan 2019 23:24:00 GMT

COUNTY JFS OFFICES CAN USE PRC FUNDS TO HELP DURING THE SHUTDOWN

Although there is temporary agreement to end the federal government shutdown, the future is uncertain and still could impact federal workers and assistance programs for low-income Ohioans. Last week, the Ohio Department of Job and Family Services sent information to the county offices regarding the use of PRC funds to help low-income Ohioans impacted by the shutdown. See the following excerpt from the letter:

May a county utilize Prevention Retention and Contingency (PRC) funds to address emerging needs as a result of the shutdown?

As described in the PRC Reference Guide, county agencies may provide PRC benefits and services for nonrecurring, short-term needs not to extend beyond four months. These services and non-assistance benefits address a specific crisis situation or episode of need that may include food, clothing, shelter, utilities, home repairs, household goods, personal care items, and general incidental expenses. A county agency does have the discretion to assist a specific population as a result of an adverse occurrence. If a county agency elects to do this type of program the county PRC plan will need to be modified and updated with a list of services to be provided and a definition of the specific target population. The target population definition should focus on a specific economic misfortune that hit a very explicit population within your county (e.g. TANF-eligible federal employees or TANF-eligible SNAP recipients adversely impacted by the federal government shutdown). As much as possible, the county agency will want to clearly define the target population (e.g.”Federal workers”) in the PRC plan update to extend the PRC funding as far as possible. Obviously, all TANF allowability, eligibility, and funding limitations would apply to such a program.

Employers Learn About CQEs

On January 16, employers gathered in Columbus to learn about an often untapped employment pool–CQE holders. Certificates of Qualification for Employment reduce barriers to employment for persons with criminal records and offer protections to their employers. Attendees heard from CQE holders–including Maurice Clarett–who shared how the process changed their lives. Given that at least 1.92 million Ohioans have a misdemeanor or felony conviction, a CQE holder could be the solution to employers’ hiring needs. More than 60 people attended the event sponsored by OPLC, The Legal Aid Society of Columbus, Alvis Inc, and other partners. Contact Megan O’Dell for tips to get CQE materials or help in planning a training for employers in your community.

AUGUST UPDATE

Mon, 27 Aug 2018 19:04:00 GMT

And the Survey Said….

A recent survey of more than 100 legal aid attorneys in Ohio identified lack of good employment opportunities and low wages as the biggest issue facing clients.Barriers to employment continued to be a big challenge. The legal aid attorneys reported that increasing access to affordable safe housing and maintaining Medicaid coverage would most benefit their clients.

The Ohio Poverty Law Center continues to work to enact policies that remove barriers to employment. The General Assembly recently passed several bills that will help.

Legislative Updates

SB 4 Expungement for Survivors of Human Trafficking

Update : This bill goes into effect on September 29, 2018 and expands expungement for survivors of human trafficking. A survivor with a soliciting, loitering, or prostitution conviction can apply at any time to have their entire record expunged, except for murder, aggravated murder, and rape convictions. Human trafficking survivors will now have an opportunity to avoid barriers that criminal records can present, including access to employment, safe-housing, and more.

HB 336 Driver’s License Reinstatement Fee Amnesty Initiative

Update: House Bill 336 will require the registrar of motor vehicles to establish a six-month driver’s license reinstatement fee debt reduction and amnesty program, called the Reinstatement Fee Amnesty Initiative. The bill will allow low-income Ohioans to have an opportunity to reinstate their driver’s license without further jeopardizing an already-precarious relationship with the judicial system, and provide many with an opportunity to improve their quality of life. House Bill 336 will be effective in early November. OPLC staff were able to attend the bill signing with the Governor.

SB 66 Record Sealing

Update : Senate Bill 66 expands sealing eligibility to five eligible felonies and an unlimited number of eligible misdemeanors. Sealing means that the record is taken away from the public eye, but remains available to prosecutors, judges, police, state licensing boards, and others with an interest in investigating crimes and keeping the community safe. SB 66 makes it possible for more Ohioans to seal their records and continue living law-abiding lives. Approximately one-in-six Ohioans has a misdemeanor or felony charge; by granting these citizens an opportunity to expunge their record, they now have a greater chance for securing stable housing, furthering their education, and obtaining employment. The new law will increase access to the tools necessary for self-sufficiency. The bill was signed by the Governor on July 30, 2018, and goes into effect on October 30 2018.

OHIO’S PROPOSED MEDICAID WORK REQUIREMENT IS A MISGUIDED POLICY

Fri, 02 Mar 2018 21:52:00 GMT

On Friday, February 16, the Governor’s office released its Medicaid waiver application for public a 30-day public comment period. As directed by the legislature, the waiver proposed a work requirement for certain Medicaid enrollees.

The Ohio Poverty Law Center’s Graham Bowman testified at the March 1 public hearing. He noted that the proposed Medicaid work requirement for non-disabled adults is a misguided public policy because it tries to neatly divide people into three categories: those who work, those who can’t, and those who could work but are perceived to not want to. Most people who have spent time working in low-income communities will tell you that it is never that simple. Read the Ohio Poverty Law Center’s full comments in full here .

If these changes are approved, many people will lose their health care coverage through Medicaid. Even more people will have to fight paperwork and bureaucracy to keep their coverage. To get or keep your health insurance through Medicaid, you will have to (1) work, (2) participate in community engagement activities, or (3) be exempt. You will have to provide proof to show that you fit in one of these three groups. Tell us how this would impact you by taking this survey: https://www.surveymonkey.com/r/YKMWBMT

OHIO POVERTY LAW CENTER REQUESTS IMPROVED MEDICAID EPSDT RULE IN OHIO DEPARTMENT OF MEDICAID PUBLIC HEARING

Wed, 20 Sep 2017 14:47:00 GMT

On Friday September 15 ^th , former legal aid client Amber McCullough testified alongside the Ohio Poverty Law Center before the Ohio Department of Medicaid about her struggle to obtain specialized transportation services for her 2-year-old daughter.

Ms. McCullough’s daughter is wheel-chair bound and requires a wheelchair accessible van to transport her to and from appointments. Ms. McCullough had to rely on the fire department countless times to take her daughter to her doctor’s visits after being unable to obtain appropriate transportation through the Medicaid program.

Ms. McCullough’s experience is common for families who need services that are not traditionally covered by Medicaid. The Ohio Department of Medicaid is proposing to rescind six rules governing its “Healthchek” program that provides screening, diagnosis, and treatment services (EPSDT) to children enrolled in Medicaid. The single replacement rule gives less guidance to healthcare providers, insurance companies, and parents regarding how benefits must be provided to children with special needs.

Ms. McCullough and the Ohio Poverty Law Center urged the Department of Medicaid to improve their existing Healthchek rules instead of creating more confusion in an already hard to navigate program.

The Ohio Poverty Law Center made the following requests:

Explicitly mention the expanded scope of services available to children through the EPSDT program
Enumerate Transportation and scheduling assistance as covered services
Retain language from the existing rule regarding Medicaid payment for environmental investigations for elevated blood-lead levels.
Increase awareness of the EPSDT benefit through improved public guidance.

Read the Ohio Poverty Law Center’s comments in full here .

OPLC JOINS WITH OTHER CONSUMER ADVOCATES IN CHANGING LIFELINE LANGUAGE IN BUDGET BILL.

Fri, 26 May 2017 14:39:00 GMT

The Ohio Poverty law Center (OPLC) joins with the Ohio Consumers’ Counsel, Advocates for Basic Legal Equality, Pro Seniors, and Communities United for Action (represented by the Legal Aid Society of Southwest Ohio) in filing joint testimony with the Senate General Government and Agency Review Subcommittee seeking to change a provision in the House version of the budget bill (House Bill 4() which weakens the low-income Lifeline telephone rate discount program by eliminating the right to obtain unlimited flat rate telephone service (unlimited local calling) under the Lifeline program. Phone companion Ohio should offer Lifeline service to low-income customers at a flat rate for unlimited local calling because charging for local usage (such as by minutes of use) would adversely affect many low-income Lifeline consumers by increasing the amount they pay for local phone service. In fact, many consumers who qualify for Lifeline service can afford little more than food and rent, but need local phone service for essential communications with family, social services and medical providers. The change proposed by OPLC seat and other consumer advocates would preserve existing law which ensures that flat rate telephone service continues to be available to low-income consumers in Ohio. To download entire testimony, click here.

May 24, 2017

ATTORNEY MIKE SMALZ TESTIFIED ON BEHALF OF THE OHIO POVERTY LAW CENTER AND OHIO CONSUMERS OF HEALTH COVERAGE IN SUPPORT OF CONTINUING OHIO’S MEDICAID EXPANSION AND IN OPPOSITION TO WORK REQUIREMENTS T

Fri, 12 May 2017 15:32:00 GMT

Attorney Mike Smalz testified on behalf of the Ohio Poverty Law Center and Ohio Consumers of Health Coverage in support of continuing Ohio’s Medicaid expansion and in opposition to work requirements that were included in the House version of the budget bill, Substitute House Bill 49. Mike testified that the proposed work requirements are counterproductive because they would create significant barriers to health care for many low-income Ohioans and make it even harder many people with serious health conditions to obtain needed medical care so they can obtain employment or return to work. To download entire testimony, click here .

May 12, 2017

CONTINUED MEDICAID COVERAGE FOR LOW-INCOME OHIOANS SUPPORTED BY OHIO POVERTY LAW CENTER.

Mon, 03 Apr 2017 18:54:00 GMT

During Ohio’s budget hearings this week, OPLC Senior Attorney Mike Smalz testified in support of the continuation of Ohio’s Medicaid expansion that was implemented in 2014. Mike described how any efforts by the State to seek new waivers to impose premiums on Ohioans below the federal poverty level, or other requirements to gain or keep access, would jeopardize health care for hundreds of thousands of low- income Ohioans. Read Mike’s full testimony here .

CONSUMER ADVOCATES SUBMIT JOINT TESTIMONY ON LIFELINE TELEPHONE ASSISTANCE FOR LOW-INCOME TELEPHONE CONSUMERS.

Mon, 03 Apr 2017 18:51:00 GMT

Mike Smalz of OPLC joined with the Office of the Ohio Consumers’ Counsel, Pro Seniors, Inc., Communities United for Action, and Advocates for Basic Legal Equality in providing written testimony to the House Finance Committee on the Lifeline provisions in the budget bill (House Bill 49). They objected to the proposed removal of “flat rate” from the definition of Lifeline phone service because charges for local usage (such as minutes of usage) could increase the amount low-income Lifeline consumers in Ohio have to pay for local phone service. Importantly, the proposed change is inconsistent with federal definition of Lifeline service. Read the joint testimony here .

OHIO SENATE BILL 3 WILL IMPROVE JOB OUTLOOK FOR PEOPLE WITH CRIMINAL RECORDS BY STREAMLINING CQE PETITION PROCESS

Tue, 14 Mar 2017 22:23:00 GMT

Certificates of Qualification for Employment (CQEs) increase the likelihood that people with criminal records will be considered for jobs, licensing, and certification. Senate Bill 3 will make the CQE petition process more usable for individuals by removing a technical and confusing step in the petition process, expanding eligibility to more jobseekers, and designating rule-making authority to the DRC to create criteria for shortening a person’s wait time for submitting a CQE petition. Because 1 in 6 Ohioans has some sort of criminal record, this bill could potentially affect over 1.9 million people in Ohio, many of whom are not able to get jobs in well-paying fields that require licensing or certification. This keeps individuals and their families in poverty. The Ohio Poverty Law Center testified in support of Senate Bill 3 during a hearing in the Senate Transportation, Commerce and Workforce Committee. Congratulations to the Committee for tackling this very important issue. For more information, download the testimony by clicking here .

REPORT FINDS THAT AFFORDABLE HOUSING PROGRAM PROVIDES LIMITED CHOICE AND OPPORTUNITY FOR LOW-INCOME, AFRICAN-AMERICAN FAMILIES.

Tue, 16 Aug 2016 15:27:00 GMT

News Release

August 16, 2016

Almost all affordable rental housing developed through the Low Income Housing Tax Credit (LIHTC) program for families has been placed in highly-segregated, high poverty areas of Ohio. The LIHTC program has also cut back on the development of housing that serves families with children. These are the findings of a new report prepared for Ohio legal aid and fair housing programs by Abt Associates, a national research firm with expertise in housing.

People on low incomes continue to find it more difficult to find housing they can afford. The LIHTC program is designed to provide families access safe and affordable housing. It helps non-profit and for-profit developers finance affordable housing through federal tax breaks, and it is administered in Ohio by the Ohio Housing Finance Agency.

According to the report – in Ohio, only 3.8% of LIHTC family units are in census areas with a poverty rate of less than 10%.
In the Columbus area, there is a concentration of LIHTC units in census areas in which more than 75% of the population is African-American. While such census tracts only include 3% of the Columbus area’s housing units, 20.4% of LIHTC units are placed in these extremely segregated census tracts. More than a third of LIHTC family units are in areas of highly concentrated poverty despite the fact that only 7.5% of all housing is in these census tracts.

“We serve clients who need and want to live where they can have access to opportunities for their families,” explains Janet Hales, Director of the Ohio Poverty Law Center. “Where a child lives during their formative years has a profound influence on their future opportunities. Limiting LIHTC housing only to the poorest and the most segregated areas undermines a parent’s ability to have any choice about giving their children opportunities that will help them succeed. LIHTC housing could be a vehicle for providing people with choices rather than limiting those choices to neighborhoods of deep poverty and segregation.”

For the full news release and Abt Report, click here .

MEDICAID WAIVER PROPOSAL WILL RESULT IN HUNDREDS OF THOUSANDS OF OHIOANS LOSING HEALTH CARE COVERAGE

Fri, 17 Jun 2016 20:48:00 GMT

On April 15, the Ohio Department of Medicaid released for public comment its proposal to fundamentally change access to affordable health care. Ohio’s recent expansion of access to health care through Medicaid expansion has helped hundreds of thousands of Ohioans struggling to provide for themselves and their families. The Ohio Poverty Law Center and its partners, as well as hundreds of individuals and community organizations around the state responded, submitting public comments describing why Ohio should not be permitted to change the health insurance program that has improved the lives of over 650,000 individuals who cannot otherwise afford health insurance.

For more in-depth information on Ohio’s proposed changes and what you can do, read more in Access to Health Care .

CHILD SUPPORT GUIDELINES BILL WILL CAUSE HARDSHIPS FOR LOW-INCOME FAMILIES.

Thu, 02 Jun 2016 19:17:00 GMT

OPLC senior attorney Mike Smalz, while acknowledging that there are some positive changes in the bill, presented opponent testimony to the Senate Civil Justice Committee on SB 262, the child support guidelines bill. Mike (and other legal aid witnesses) pointed out that the child support tables in the bill would reduce the child support received by many low-income custodial parents and children. This would lead to increased poverty for Ohio children, further discourage victims of domestic violence from leaving their abusers and place them in continuing danger, possibly forcing some families to go on public assistance. It would also mean that many low-income custodial parents would bear a disproportionate burden of the costs of raising children relative to the noncustodial parent, thereby undermining Ohio’s income shares model for calculating child support.

DRUG TESTING UNEMPLOYED OHIOANS – HB 298

Wed, 20 Apr 2016 19:43:00 GMT

Drug testing applicants and recipients of unemployment compensation and applicants for Ohio Works First cash assistance benefits costs more money than it saves and stigmatizes people struggling to survive due to unemployment. OPLC submitted written testimony opposing House Bill 298 (HB 298), which would require a pilot drug testing program. In addition to lacking any evidence-based reasoning, the bill would duplicate provisions another pending bill.

Download complete testimony here.

UTILITY SUBMETERING CHARGES UNFAIR TO RENTERS.

Thu, 07 Apr 2016 15:28:00 GMT

In an article on unfair utility submetering charges and related legislation, the Columbus Dispatch quotes OPLC Senior Attorney Mike Smalz on legislation designed to favor the utility companies at the expense of tenants and mobile home park residents.

JOINT COMMENTS FILED WITH THE PUCO BY OPLC AND THE OHIO CONSUMERS’ COUNSEL

Wed, 27 Jan 2016 15:42:00 GMT

The Ohio Poverty Law Center and the Ohio Consumers’ Counsel (OCC) filed joint comments with the PUCO urging the PUCO to assert jurisdiction over utility submetering companies and resellers and to protect Ohio utility consumers from abusive and unfair utility submetering and reselling practices.

Document

OPLC SENIOR ATTORNEY MIKE SMALZ PARTICIPATES IN ADVOCATES FOR OHIO’S FUTURE PRESS CONFERENCE ON HB 394

Fri, 22 Jan 2016 17:03:00 GMT

Video and article from Channel 10, Columbus, Ohio is here

JOINT REPLY COMMENTS FILED OPPOSING THE WEAKENING OF TELEPHONE CONSUMER PROTECTION RULES

Thu, 12 Nov 2015 14:01:00 GMT

Joint reply comments have been filed by OPLC, OCC, ABLE/Edgemont Neighborhood Coalition, Legal Aid Society of Southwest Ohio, Southeastern Ohio Legal Services. These comments oppose the efforts of the telephone companies, the Ohio Telecom Association, and other business interests to greatly weaken the consumer protection rules proposed by the PUCO staff for the implementation of the transition from basic local landline service to more advanced technologies.

OPLC SENIOR ATTORNEY MIKE SMALZ–TESTIMONY ON SB 76

Thu, 05 Nov 2015 13:58:00 GMT

Testimony on Senate Bill 76 on October 27, 2015, before the House Judiciary Committee

POVERTY LAW CENTER APPLAUDS NEW MILITARY LENDING ACT FINAL RULES

Thu, 23 Jul 2015 15:59:00 GMT

The Department of Defense has issued an expansive new rule that protects service-members and their families from high-cost installment lenders, pay day lenders, and other predatory credit providers. This rule is an addition to the Military Lending Act, an Act passed in 2006 that capped interest rates and add-on fees to members of the military and their families to 36 percent.

“Updating the Military Lending Act gives service-members and their families the protection they deserve, said Linda Cook, Senior Attorney at the Ohio Poverty Law Center. “Cracking down on abusive lending will ensure that payday lenders and others no longer threaten the military with predatory loans.”

Read The Center’s complete statement here.

LEGAL AID SOCIETY OF COLUMBUS FILES MEDICAID TERMINATION SUIT AGAINST STATE

Tue, 31 Mar 2015 15:48:00 GMT

UPDATE: On Wednesday April 1, 2015 the Plaintiffs filed an Amended Complaint adding an additional organizational plaintiff. The Court held a hearing on the Motion for Temporary Restraining Order, which was subsequently granted on April 2. The State was ordered to reinstate the Medicaid benefits of the named individual plaintiffs, and was enjoined from terminating benefits of any organization members until the State implements passive re-determination and corrects problems with the Notices of termination.

On Monday, March 30, 2015 the Legal Aid Society of Columbus filed suit in the United States District Court for the Southern District of Ohio regarding the State’s failure to properly conduct Medicaid renewals. This failure has led to over 150,000 Medicaid beneficiaries being terminated since the beginning of the year. The Complaint, filed on behalf of three individuals and Community Immigration and Refugee Services, Inc., contains multiple claims against the State, including: failure to redetermine individual eligibility for continuing Medicaid coverage from information already existing in the State’s information systems, as required by federal law (known as passive redetermination); failure to conduct reviews prior to termination to determine eligibility for other existing Medicaid programs; and failure to properly notify individuals regarding their rights to dispute the termination of Medicaid, as required by basic Due Process. The Plaintiffs request declarations that the State’s practices are unlawful, and seek to immediately restore the individuals’ Medicaid benefits. You can read the Complaint and Motion for Temporary Restraining Order.

OPLC IS LOOKING FOR SUMMER VOLUNTEER CLERKS OR EXTERNS

Mon, 02 Mar 2015 14:35:00 GMT

The Ohio Poverty Law Center is looking for volunteer clerks and/or externs to help us with our policy work for the summer, with the possibility to continue through the coming school year. Check here for our job posting.

SENIOR ATTORNEY MIKE SMALZ MAKES THE NEWS ON TELEPHONE DEREGULATION

Tue, 24 Feb 2015 16:13:00 GMT

Telephone Deregulation is back before the Ohio Legislature with the introduction of Governor Kasic’s Budget. Mike Smalz was interviewed by both Gongwer News Services and the Cleveland Plain Deale r.

March 13 Update: Mike Smalz was more recently interviewed by the Columbus Dispatch . Check out Current Issues and Projects page for more information on telephone deregulation.

SENIOR ATTORNEY LINDA COOK INTERVIEWED ABOUT CAR TITLE LENDING

Mon, 02 Feb 2015 22:08:00 GMT

Recently the Federal Trade Commission took action against two Georgia car title lenders. The Cincinnati Inquirer talked to Linda about the potential consequences for Ohio title lenders. Read the story here.

WHAT WILL HAPPEN TO OHIO’S SAFETY NET PROGRAMS?

Tue, 20 Jan 2015 16:57:00 GMT

As we begin the new 2015-2016 legislative session, the Ohio House has new leadership, with a larger majority of Republicans, the Senate has the same leadership, and the voters endorsed the same Governor, not to mention the same roster of other elected state officials. As a poverty law practitioner and advocate for low income Ohioans, I have been paying close attention to the words those in power have been using and actions those in power have been taking with regard to Ohio’s social safety net/public assistance programs.

To digress briefly, generally, food aid (Supplemental Nutrition Assistance Program, i.e. SNAP), health care (Medicaid), financial assistance for needy families (Ohio Works First) are three main programs that come to mind when people use the words “public assistance.” But there are a host of other programs designed to help those struggling to support themselves and their families, including subsidized child care, help with work and transportation expenses, and family emergencies, unemployment compensation, and job search and job training. For the most part, these programs are funded with varying combinations of state and federal dollars.

For a while now, the dialog in Ohio has been liberally sprinkled with terms like “personal responsibility” and statements about creating policies that “help Ohioans lift themselves out of poverty,” and focusing on “mobility.” We now have a new House committee, the Community & Family Advancement Committee, the overarching purpose of which is “ helping those who need help [get] connected with the available resources so they don’t become permanently reliant on state and federal assistance .” We also have a new workgroup, created by the 2014 mid-biennial budget review bill: the Workgroup to Help Individuals to Cease Relying on Public Assistance. This workgroup is in addition to the Healthier Buckeye Council and the Office of Human Services Innovation. The Office of Human Services Innovation is charged with developing a new approach to human services and public assistance that provides a hand up and out of poverty for low income Ohioans seeking a better life. It is unclear to me what exactly the Healthier Buckeye Council is, or will be, doing. A July 2014 draft “call for participation” states this objective: “To assist more of our constituents to move themselves up and off of needing public assistance, including Medicaid.”

If this rhetoric and these initiatives can be put into practical operation to first stabilize low income Ohioans so they are able to meet their basic needs of food, housing, health care, transportation and education; then second, align and integrate programs and resources to genuinely help address barriers to participation in the community and the economy, then they have my support. Too often, however, the poor have been stigmatized, suggesting that Ohioans with little or no income, or no job, have achieved this status, or remain in this status, as a matter of personal choice. Our Governor refers to “those who live in the shadows.” “Personal responsibility” has been a buzz word meaning “work for your benefits”. This view assumes that if this population just goes out and gets jobs; first because there are jobs to be had, and second because they are able to do those jobs, all will be right in the world – i.e., no need for handouts.

But you can’t make intelligent decisions, or design systems to move people out of poverty and lessen the burden on the safety net programs, if you do not know all the facts. There are lots of facts to uncover or investigate in the quest to create systems that give people a hand up to a better life, and I freely admit I do not have all the facts. But here are some facts I hope policy and program decision makers will consider:

1. Number Two in the list of fastest growing jobs in Ohio, at a projected rate of 4,281 job openings per year, is the occupation of Home Health Aide. The median pay for Home Health Aides is $9.60 per hour. While the Number One fastest growing job has 2.2 times the earning potential, the projected rate of job openings sits at 138.
2. The top five occupations in Ohio with the most annual job openings include: food prep and service work; retail sales; cashiers; laborers/material movers; and waiter and waitresses. The laborers win the prize in this category with the highest median wage of $10.85.
You can find this information and a lot more, about Ohio jobs and the job outlook at: http://ohiolmi.com/proj/projections.htm. The bottom line is this: the jobs Ohio employers need to fill, and will keep filling in Ohio in the foreseeable future, are mostly low-wage helping and service related jobs.

3. Ohio has added back only two-thirds of the jobs lost during the recession. Nine out of ten jobs lost during the recession were medium or high paying jobs, but all the job growth has come from low wage jobs.
4. The list of Ohio’s 50 largest employers is comprised of fast food, discount retail, grocery, home improvement, health care, and temporary employment agencies. These employers pay so poorly that in 2013, 115,488 employees and their families needed food aid to get by and 141,182 workers and their families qualified for Medicaid.
5. The amount needed for families to be self-sufficient , or meet basic needs without supports from the safety net programs, varies by geographic location and family size. As an example, a family of one adult and one preschooler needs to make $13.54 per hour in Jackson County, versus $19.81 in Warren County, to make ends meet with no frills.

Putting Ohioans to work in the jobs currently available and “in demand” will not remove the need for supporting that work with the safety net programs that keep families from sinking further into the shadows. Supporting families by helping them meet the basic needs for food, shelter, health care and transportation, and supporting families by subsidizing child care to enable work engagement, is an investment in Ohio’s recovery and economic and social well being. It is the role of our government to step up to the plate and make this investment – to be there to help – to insure that all Ohioans have an opportunity equal to everyone else in the state.

OPLC SENIOR ATTORNEY MIKE SMALZ MAKES THE NEWS ON UTILITY RESELLING

Tue, 16 Dec 2014 22:03:00 GMT

Mike, who has been working with multiple legislators on bills addressing the problems and lack of consumer protections in third party utility reselling arrangements, is quoted in two articles by the Columbus Dispatch. You can read them here and here .

OPLC IS LOOKING FOR A NEW DIRECTOR! CLICK HERE FOR DETAILS

Wed, 19 Nov 2014 14:51:00 GMT

OPLC is excited about the prospect of moving forward with a new Director. Here are the details:

The Ohio Poverty Law Center, a nonprofit advocacy organization pursuing statewide policy and systemic advocacy to enforce, protect, and expand the rights of low-income Ohioans, is seeking a Director. The Center is committed to aggressive advocacy through the courts, legislative and administrative bodies, and media. The Center supports and works collaboratively with Ohio’s legal aid programs, as well as other community, advocacy, and client groups. This is an important and exciting time for a new Director because Ohio’s legal aid programs have recently committed to a new and higher level of coordination and commitment to systemic advocacy. The Center’s new Director will have the opportunity and responsibility to lead this effort. For more information on the Center please visit www.ohiopovertylawcenter.org .

At this critical time, the Center needs a visionary leader who can grow the Center’s affirmative legislative and administrative advocacy efforts and enhance the positive brand of the Center. The Director will be expected to participate directly in these advocacy efforts. The Director will also have overall responsibility for resource development, working closely with a talented director of development and fully engaged Board to create and implement a development plan. The Center has a solid funding base from the Ohio Legal Assistance Foundation, but needs to diversify and expand its funding to allow it to expand to meet the many challenges facing those who depend on its work. The Center is overseen by the Ohio State Legal Services Association, as are the Legal Aid Society of Columbus and Southeastern Ohio Legal Services, and the Center can draw on these affiliations in advancing its mission.

A law degree is definitely preferred, but non-attorneys will be considered if they bring a strong background in the type of work done by the Center, especially in the area of legislative advocacy. Candidates must have demonstrated leadership, management and advocacy experience, preferably in support of the rights of low-income people. Legislative experience is strongly desired. Experience in strategic planning for use of resources and in development of resources is also preferred.

Salary: $80,000 – 110,000, plus generous benefits.

EOE.

To apply: Send resume with details as to how your background and experience address the qualifications outlined above to director@ohiopovertylaw.org. Position open until filled. To receive full consideration, please submit your application materials by December 20, 2014.

SENIOR ATTORNEY LINDA COOK DISCUSSES PROBLEMS WITH BEING UNBANKED OR UNDERBANKED WITH CINCINNATI.COM

Thu, 30 Oct 2014 14:53:00 GMT

Cincinnati reporter Amber Hunt covers the latest FDIC study on the banking habits of Americans. Cook comments on banks leaving low income neighborhoods and why mobile banking may not fill the gaps.

UTILITY COMPANIES ALLOWED TO GUESS ON YOUR BILL

Mon, 20 Oct 2014 14:23:00 GMT

Senior Attorney Mike Smalz on Channel 10 News discussing the problems with utility submetering.

COLUMBUS, Ohio – Ohio lawmakers say they’re restarting efforts Tuesday to keep utility bills under control.

Apartment residents often pay their water and power bills to third-party companies. But when that meter breaks, it’s often the customer who pays big.

The sound of rushing water isn’t heard often in Dennis Baker’s Reynoldsburg apartment. He only lives here four days a week for his job. Baker was surprised when his bills these past months showed he used more than 3,000 gallons per month. That’s around what a family of three uses.

“I guess it’s not against the law to charge 3,800 gallons when you use 800, and you get a bill for it,” Baker said, “You have to pay it. There’s nothing – I have no – I called you because I don’t know what else to do.”

10 Investigates looked at Baker’s meter and found a broken wire at the unit inside his apartment. Outside, there is a sensor used by utility workers to scan for the latest reading.

10 Investigates contacted Baker’s utility company, Conservice. It’s a “sub-meter” company, hired by an apartment complex to manage utilities. They told 10 Investigates on the phone that Baker’s meter is broken.

When a meter is broken, Conservice guesses what a person’s water use is. They take the entire complex’s water use, and divide it by a number that can include the complex’s landscaping and swimming pool. You can often tell if your bill uses this guesswork if there’s an asterisk near the number of gallons used admitting it’s a utility estimate.

Michael Smalz with the Ohio Poverty Law Center explained, “It’s all over the map. In some cases, tenants don’t even know what the formula is, or if there is a formula but they get this mysterious bill.”

A bill designed to change this situation stalled in the Ohio State House of Representatives with the death of co-sponsor Terry Blair. Co-sponsor Mike Foley wrote us this statement: “I have discussed the possibility with members across the aisle who have expressed interest in solving this problem, and I think there is a general frustration from some we didn’t get this done sooner.”

Baker’s utility company says they have no plans to fix his broken meter. His apartment complex says they now plan to fix the broken part of Baker’s meter within a month.

NEW ADA RULES AND POLICIES FOR OHIO PUBLIC ASSISTANCE PROGRAMS TAKE EFFECT ON OCTOBER 1

Tue, 23 Sep 2014 17:59:00 GMT

The Ohio Department of Job and Family Services (ODJFS) has adopted new Americans With Disabilities Act (ADA) rules and policies governing the administration of the Ohio Works First (OWF) cash assistance program, Food Stamps, and other public assistance programs for low-income Ohioans. These new rules and policies apply both to ODJFS and the county Departments of Job and Family Services that actually administer the programs.

These ADA rules and policies address longstanding problems regarding the treatment of persons with disabilities who seek or receive public assistance. Many local welfare departments have purged persons with disabilities from the OWF rolls or prevented them from obtaining or even applying for benefits through various means, including draconian and unreasonable application of work-related requirements, application barriers, inadequate disability screenings and assessments, and failure to reasonably accommodate applicants’ and recipients’ disabilities. These actions—in violation of the ADA—were driven in large part by pressure from the state and federal governments for the counties to raise their reported “work participation rates” to avoid federal penalties. It was much easier for the counties to improve their work participation rates by cutting people from the rolls instead of providing appropriate services and work assignments with disabilities.

The Ohio legal aid programs, led by the Ohio Poverty Law Center (OPLC), asked to meet with officers and representatives of ODJFS to discuss these problems and try to negotiate a solution that would protect persons with disabilities and comply with the ADA. After more than six months of discussions—including extensive legal research and drafting proposals—the low-income advocates and ODJFS agreed to implement a set of comprehensive ADA rules, policies, form and notices to improve compliance with the ADA and state disability discrimination laws. The new rules were published for public comment and approved by the legislative Joint Committee on Agency Rule Review (JCARR), and they will become law on October 1, 2014.

The new ADA rules and policies address a number of key areas, including but not limited to: screening for disabilities; employability appraisals and assessments; self-sufficiency contracts; reasonable accommodations of persons with disabilities (including the enumeration of specific examples); hardship extensions of the OWF time limits; and training requirements for county agency staff. They also address certain common misconceptions, such as the tendency of caseworkers to confuse the very different legal definitions of “disability” under the ADA and Social Security Act and to underestimate the broad scope of permissible reasonable accommodations. In addition, county departments are required to adopt (and file with ODJFS) detailed ADA county compliance plans. If fully implemented and enforced, the new ODJFS ADA rules and the mandatory county ADA compliance plan should benefit persons with disabilities seeking public assistance by: (1) ensuring that persons with disabilities are given more appropriate services and work assignments so that they can attain greater economic self-sufficiency; and (2) ending or reducing the practice of sanctioning public assistance recipients for failing to comply with inappropriate or impossible work assignments that do not take account of their disabilities.

OPLC and the Ohio legal aid programs will monitor the implementation of the new ADA rules and policies. In the meantime, anyone with questions regarding the new ADA rule and policies should feel free to contact attorney Michael Smalz of the Ohio Poverty Law Center at (614) 221-7201 or msmalz@ohiopovertylaw.org.

CHANGES TO OHIO PROTECTION ORDER LAW TAKE EFFECT ON SEPTEMBER 17, 2014

Mon, 22 Sep 2014 19:41:00 GMT

House Bill 309 (HB 309) makes several important changes to Ohio protection order laws and brings Ohio law into compliance with the federal Violence Against Women Act (VAWA). HB 309 became law on September 17, 2014. As a result, Ohio no longer faces the possible loss of more than $8 million per year in federal VAWA funding. These changes to Ohio law should also benefit many victims of domestic violence, stalking, sexual assault, or juvenile violence who seek protection orders from Ohio courts. Notably, these changes apply to all types of protection orders, including but not limited to, domestic violence civil protection orders, civil stalking protection orders, civil sexually oriented offense protection orders, juvenile protection orders, criminal protection orders and temporary protection orders.

Specifically, HB 309 prohibits any court, sheriff’s office, or other state or local unit of government from charging a victim who files for a protection order any fee, cost or deposit in connection with the modification, enforcement, dismissal, or withdrawal of a protection order or consent agreement. In addition, the new law prohibits any court, sheriff’s office, or other unit of state or local government from charging a victim who files a petition or motion for a protection order any fee, cost or deposit in connection with the filing, issuance, registration, modification, enforcement, dismissal, withdrawal or service of a witness subpoena. Existing law already prohibited courts or other governmental units from charging any fees, costs or deposits in connection with the filing or service of protection orders or related petitions and motions, but victims were sometimes charged fees or costs when they dismissed their protection order case, when the judge or magistrate terminated their case, or when they used subpoenas to bring witnesses into court to testify in their court cases. HB 309 closes those gaps in the fee prohibition statutes.

On the other hand, courts and other units of state or local government may now charge the respondent or defendant (alleged abuser or stalker) fees, costs or deposits in protection order cases, regardless of whether the court issues the requested protection order or approves a consent agreement between the parties. Previously, the courts were prohibited from charging certain fees or costs to any party in a protection order proceeding, but under the new law courts will have the discretion to charge or not charge such fees or costs to the respondent or defendant.

There is another significant change that applies to all Ohio court proceedings, not just protection order cases. HB 309 prohibits the taxation of interpreter’s fees as costs to be paid by a party if the party to be taxed is indigent. This provision protects the due process rights of Limited English Proficient (LEP) parties in the Ohio justice system.

The Family Violence Prevention Center Advisory Council of the Ohio Department of Public Safety and its members—including but not limited to the Ohio Domestic Violence Network (ODVN), the Ohio Supreme Court, the Action Ohio Coalition for Battered Women, and the Ohio Poverty Law Center—played a key role in drafting and advocating for the passage of HB 309.

Anyone with questions regarding HB 309 should feel free to contact attorney Mike Smalz of the Ohio Poverty Law Center at phone number 614-221-7201 or at msmalz@ohiopovertylaw.org.

SENIOR ATTORNEY MIKE SMALZ EXPLAINS PROBLEMS WITH THE BILL PROPOSING TO CHANGE OHIO’S FAIR HOUSING LAWS

Wed, 30 Jul 2014 16:26:00 GMT

Senior Attorney Mike Smalz talked with Statehouse News reporter Jo Ingles about problems with SB 349.

SENATE BILL UNDERCUTS FAIR HOUSING LAW PROTECTIONS AND ENFORCEMENT

Wed, 23 Jul 2014 20:02:00 GMT

On June 24, 2014 Senator Bill Seitz introduced Senate Bill 349, which purpose is described by the Legislative Services Commission as “to make permissive actual damages and attorney’s fees, to limit certain punitive damages, to allow respondents to recover attorney’s fees in certain instances, to prohibit actual or punitive damages from being awarded to a fair housing agency, and to exempt certain landlords from the housing provisions of the Ohio Civil Rights Law.” This bill, if enacted, will greatly weaken the Ohio Civil Rights Commission’s (OCRC) enforcement of Ohio’s fair housing (housing discrimination) laws and the remedies available to victims of housing discrimination. The ability of the respondents (landlords) to recover damages from tenants and homebuyers after any OCRC “no probable cause” finding or OCRC hearing would also have a chilling effect on filing housing discrimination charges with the OCRC.

The Ohio Poverty Law Center has joined with a coalition of legal aids and fair housing advocates to oppose this damaging bill. This coalition has created a Brief History of Ohio Fair Housing and Talking Points to assist the coalition, inform the media and the public, and help others who wish to add their voices to the opposition. To summarize, Ohio was one of the first states to enact fair housing legislation, and over the years has broadened the categories of persons protected by this law, most recently adding “military status” as a protected class. The OCRC administrative complaint process allows complaints to be filed and pursued without the burden of the costs of a lawsuit that might be filed in state or federal court. Among other things, this bill undermines this cost effective dispute resolution option and forces victims into costly court litigation. It discourages victims from attempting to vindicate their rights by making them potentially liable for the attorneys fees of those who discriminate.
The Brief History and Talking Points can be accessed here .

Also, for more information, contact Senior Attorney Mike Smalz at msmalz@ohiopovertylaw.org.

OPLC SENIOR ATTORNEY MIKE SMALZ COMMENTS ON PROBLEMS WITH DECLINING OWF CASE LOADS

Wed, 23 Jul 2014 15:48:00 GMT

In a July 21 Dayton Daily News article highlighting the continued drop in welfare rolls due to the state’s focus on compliance with federal work participation rates to avoid federal penalties, Smalz is quoted.

Read the story here.

OHIO POVERTY LAW CENTER HOSTS SENATOR BROWN FOR A PRESS CONFERENCE CALLING ATTENTION TO PAYDAY LENDING

Tue, 17 Jun 2014 14:58:00 GMT

On Monday, June 16, state Senator Sherrod Brown held a press conference at the office of OPLC to call attention to the need for strong federal regulation of the payday lending industry. Senior attorney Linda Cook and former industry worker Maya Reed participated in the conference with the senator. Read some of the press coverage here and here .

THE FUTURE OF PAYDAY LENDING IN OHIO – TAKE 2

Mon, 16 Jun 2014 14:50:00 GMT

In a previous post, I suggested that the Ohio Supreme Court may or may not decide the future of payday lending in Ohio. On Thursday, June 12, the Court did issue a decision. Unfortunately for Ohio consumers and voters, the Court validated the current industry business model, deciding that these short term, small dollar predatory loans can be made under statutes that were never designed or intended to regulate payday loans.

So now we move on. Today, Senator Sherrod Brown came to the Ohio Poverty Law Center and held a press conference. His remarks focused on abuses in the industry, and called upon the Consumer Financial Protection Bureau to pass strong regulations to rein in industry abuses. I was invited to participate in that press conference, and what follows are the remarks I prepared for that press conference. Where we go from here is back to the Ohio legislature, and forward to urge and support the CFPB as they begin the process of enacting regulations.

Payday and Small Dollar Lending

My name is Linda Cook, and I am a senior attorney with the Ohio Poverty Law Center. The Ohio Poverty Law Center is a nonprofit law office that pursues statewide policy and systemic advocacy to expand, protect, and enforce the legal rights of low-income Ohioans.

I, and many other consumer advocates around the state, for years have waged a campaign, first in the legislature, and then in the courts, to rein in the abusive practices of the small dollar lending industry in Ohio. When I joined the campaign in 2006, we targeted the short term loans commonly called payday loans because that was the most common short term loan product trapping Ohio borrowers in a cycle of debt. After the passage of reform legislation in 2008, the industry immediately migrated to other loan licensing statutes that pre-dated payday lending and continued offering the same predatory loans. Legal aid lawyers looked to the court system to interpret Ohio’s small loan lending statutes and to confirm the intent of the legislature and the will of Ohio’s voters to regulate payday loans.

On Thursday of last week, our Ohio Supreme Court told the legislature it had not accomplished what it set out to do. Ohio voters do not have the protections they overwhelmingly endorsed. I hope our legislators are energized by the decision in Cashland v. Scott to step forward in a bi-partisan effort to give Ohio consumers the protections they want and deserve.
Small dollar lending exploded in Ohio during the economic downturn from which we are all still struggling to recover. Just to give you an idea, as of last Friday, the Ohio Department of Commerce’s website shows 1,347 mortgage loan or small loan branch licensees. These are the two licenses under which former payday lenders are now doing business. No lenders are licensed under the Short Term Loan Act, the statute passed to reform payday lending.

In addition, auto title lending has moved into Ohio. These business sought licenses as Credit Services Organizations; currently Commerce has 45 active CSO licensees. Twenty-seven (27) of these licensees advertise that they make title loans. A quick internet check reveals that six of these 27 title loan companies have a total of 585 store front locations throughout Ohio. Yet, these companies are not really lenders. They act basically as brokers, arranging loans with out-of-state lenders and collecting fees that range from 20% to 80% of the principal. These fees are in addition to loan origination fees, credit check fees, lien recording fees, and interest paid to the lender.

As this information demonstrates, the small dollar lending market is very nimble. When regulators or legislators close one door, this industry finds a way to open another to get into the pockets of cash strapped consumers. The industry stresses that these loans are helping many consumers pay their bills. The main industry group says: “Given the recession and the economy that we are in, many Americans have depleted their savings and there is no cushion, many are living paycheck to paycheck and must turn to short-term credit options to manage their financial obligations.” Sadly, many Ohioans have been very hard hit by the recession, and are struggling to meet financial obligations. Knowing that your pay check will not stretch far enough to cover your bills is stressful and makes consumers vulnerable to payday and auto title loans, deposit advances, personal installment loans, and other small dollar predatory loans.

These loans are predatory because they are not based on the borrower’s ability to repay. As Senator Brown has already told you, the CFPB found that borrowers are using these loans to meet basic expenses, and paying back much more in fees that they pay in principal. According to another study, 37% of borrowers surveyed reported being so desperate for cash that they would accept a loan under any terms.

These loans are predatory because industry profitability depends on repeat borrowing. Many lenders offer incentives to encourage repeat borrowing. Borrowers can achieve Silver, Gold or Platinum status for repeat borrowing, and receive discounts or bonuses for referring new customers. According to industry analysts, in a state that permits $15 in fees for $100 borrowed, an operator needs a new customer to take out 4 to 5 loans before that customer becomes profitable.

This industry is creative, and very sophisticated, involving loan brokers and lead generators, partnerships with out-of- state companies and entities that exist only on the internet – all designed to maximize fees and profit for an industry that targets those least able to repay the principle, thus keeping borrowers in a cycle of debt.

Payday and other short term small dollar loan products hurt borrowers and their families by trapping them in a cycle of debt, draining money away from the household.

Payday also hurts our communities and our economy. A 2013 study from the Insight Center for Community Economic Development examined the net impact of payday lending in terms of value added to the national economy and jobs. Insight’s study found that the payday lending industry had a negative impact of $774 million in 2011, resulting in the estimated loss of more than 14,000 jobs. U.S. households lost an additional $169 million as a result of an increase in Chapter 13 bankruptcies linked to payday lending usage, bringing the total loss to nearly $1 billion. These findings of net economic loss were confirmed most recently by the Louisiana Office of Financial Institutions, whose study showed the impact of payday lending resulted in a net economic loss of $42 million in economic activity for Louisiana.

Now, more than ever, we need strong regulations. The Consumer Financial Protection Bureau has carefully and thoroughly studied the small dollar loan market. It is now situated to enact regulations that protect consumers from the current array of small dollar loan products, and anticipate future abusive products. Consumers need access to credit that is reasonable and affordable, grounded in sound lending practices.

But the CFPB is not the sole regulator of the small dollar lending marketplace. Ohio has control over who does business with Ohio citizens, and how they do business. CPFB and state action are complementary. Ohio can set interest rate caps, require a minimum number of payments and minimum loan terms, and eliminate fee harvesting middle men. Our legislators need to act now. Ohio borrowers deserve a fair marketplace.

OHIO POVERTY LAW CENTER DIRECTOR EUGENE R. KING AFTER 32 YEARS OF DEDICATION TO FIGHT POVERTY

Fri, 13 Jun 2014 15:19:00 GMT

Eugene R. King, director of the Ohio Poverty Law Center, will retire on June 13, 2014. Mr. King joined the Ohio State Legal Services Association (OSLSA) State Support Center in 1982 and became its managing attorney in 1986, a position he held until July 2009, when he became the director of the Ohio Poverty Law Center. The Ohio Poverty Law Center is a nonprofit law office that pursues statewide policy and systemic advocacy to expand, protect and enforce the legal rights of low-income Ohioans.

Mr. King focused his substantive work on access to health care. He worked on Medicaid, uninsured access and other low-income health law issues in Ohio for more than 25 years, and is an experienced manager and trainer. Gene received his JD from The Ohio State University College of Law in 1983. Gene managed OPLC’s work in policy advocacy, litigation support, training, substantive law task forces, publications and specialty assistance and consulting. Gene chaired several statewide legal aid task forces, as well as the Region IV Committee on Training—a three-state legal aid training consortium. Gene has served on numerous legislative, administrative and Ohio bar committees, and has written articles and developed trainings on health law, advocacy skills and legal services management issues. Prior to law school, Gene taught in the Cleveland and Cleveland Heights public schools after receiving his bachelors from Ohio University in 1974.

The Ohio State Bar Association established the Ohio State Legal Services Association (OSLSA) in 1966. Since then, OSLSA State Support, reorganized as the Ohio Poverty Law Center in 2009, has provided leadership, policy and administrative advocacy and direct-services support to the ever-changing legal services community in Ohio.

OPLC SENIOR ATTORNEY MICHAEL SMALZ’ TESTIMONY ON HB 297

Mon, 12 May 2014 15:32:00 GMT

Find the testimony to read here .

OPLC DIRECTOR GENE KING TESTIFIES ON PROPOSED CHANGES IN ACCESS TO HEALTH CARE

Mon, 28 Apr 2014 20:08:00 GMT

Director King testified as an interested party regarding three provisions in HB 511 Health Insurance: insurance coverage for dependent children; continuation of group coverage; and eligible employees under small employer plans. Click here to read his testimony.

WE THOUGHT WE HAD RESOLVED ELECTRONIC ACCESS TO UNEMPLOYMENT COMPENSATION, BUT…

Fri, 18 Apr 2014 10:29:00 GMT

Last July we told you about House Bill 2 – the bill that as originally proposed would have required every unemployed Ohio worker seeking unemployment compensation benefits to electronically “register” (prepare and post a complete job resume) on the new OhioMeansJobs before he or she could receive any unemployment benefits. Check out our July 25, 2013 posting “Advocates Improve Unemployment Compensation Bill for Ohio Workers” for the details on HB 2.
To sum up, as a result of discussions among the Governor’s Office, the Ohio Department of Job and Family Services (ODJFS), and worker advocates (including the Ohio Poverty Law Center), HB 2 was substantially amended before being passed by the General Assembly and signed by the Governor. For example, the requirement, that unemployment compensation applicants electronically register on the OhioMeansJobs website as a precondition to receiving any unemployment benefits, was dropped. In addition, ODJFS provided assurances that unemployed workers could initially apply for benefits and register by phone and could also choose to receive information about job matches by phone. This new law just took effect earlier this month – on April 11, 2014. It will take at least several months to evaluate the possible impact – both good and bad – of the changes triggered by the implementation of HB 2.
The debate and negotiations over HB 2 should have lain to rest mandatory electronic filing requirements for unemployment compensation. However, in March of this year, the Kasich administration introduced the budget corrections bill – the so-called Mid-Biennium Review (MBR). Buried in that 2500-page bill was a surprising provision that would require everyone – with certain narrow exceptions – to electronically file their initial applications for unemployment compensation benefits and all subsequent continuing claims. This troubling provision became part of the appropriations bill, House Bill 483 (HB 483). HB 483 was on a fast track for passage by the House Finance Appropriations Committee (and the full General Assembly).
Once again, the Ohio Poverty Law Center (OPLC), Policy Matters Ohio, Disability Rights Ohio, Protecting Ohio Employees, and other worker advocates opposed this electronic filing mandate and requested its removal from HB 483. Once again, we were successful. The controversial language was taken out of HB 483.
Unfortunately, this issue is like a bad guest that will not leave the party. Similar language may be incorporated into a separate, stand-alone bill to be introduced in the General Assembly in the near future. So the battle is not over, but removing the language from the budget bill is a significant victory for unemployed Ohio workers because the legislature is likely to proceed with greater deliberation and care in considering a separate bill during the regular legislative process – instead of the fast-track, high-pressure budget appropriations process.

The legislature should take a deliberate approach. The recent disastrous experience of Florida in implementing a similar law, resulting in tens of thousands of workers losing their unemployment benefits and a finding by the U.S. Department of Labor that Florida’s unemployment compensation system violated the Americans with Disabilities Act, the Civil Rights Act of 1964, and other major federal civil rights laws, is a cautionary tale. Data from Connect Ohio shows there is still a significant digital divide in Ohio. For example, only 72% of Ohio homes subscribe to in-home broadband access. The adoption rate is even lower in Appalachian Ohio and among low-income households, persons without a college education, older Ohioans, and adults with disabilities. Moreover, at least one in eight Ohioans who did not subscribe to broadband service do not do so because of their lack of computer skills, and more than 2.7 million working-age Ohioans have difficulty completing many computer-related tasks required by today’s employers. There are also some communities – and in particular in southeastern Ohio – where residents do not even have access to broadband service.
Obviously, and despite all the contrary information, an all-electronic system for handling unemployment compensation has the attention of both the Ohio legislature and the Governor. OPLC and its partners plan to stay on top of any future legislative efforts to require electronic filing of all unemployment compensation applications and continuing claims, and potentially even more intrusive requirements such as completing extensive online questionnaires or tests without a telephone alternative or being able to obtain in-person assistance at local, OhioMeansJobs sites. But every Ohio worker has a stake in the outcome of continuing legislative efforts to sacrifice worker access to critical benefits in the name of efficiency and economy. In weighing the options, access to benefits should always win out.

written by Mike Smalz

OHIO POVERTY LAW CENTER FINDS PROBLEMS IN DEBT CASES

Wed, 16 Apr 2014 20:11:00 GMT

Consumer reporter Sheryl Harris cites debt collection lawsuit study by OPLC and 2010 FTC study to point out problems with the intersection of courts and debt buyer collection suits. Read Sheryl’s story here .

OPLC ATTORNEY MICHAEL SMALZ QUOTED IN DISPATCH ARTICLE ON HB 483

Wed, 09 Apr 2014 20:13:00 GMT

HB 483, proposed State regs for companies reselling electricity or natural gas for apartments and condominiums Read the Dispatch article here

OPLC ATTORNEY MICHAEL SMALZ’ TESTIMONY ON HB 483

Wed, 09 Apr 2014 15:34:00 GMT

House Finance & Appropriations Committee testimony on the Mid-Biennium Review: HB 483, regarding the proposed mandatory electronic filing of unemployment compensation applications and claims.

Testimony and attachment here .

OPLC ATTORNEY MICHAEL SMALZ IS QUOTED IN MIDWEST ENERGY NEWS ARTICLE CONCERNING THE IMPACT OF AEP RATE INCREASES

Mon, 31 Mar 2014 20:14:00 GMT

OPLC attorney Michael Smalz is quoted in Midwest Energy News article concerning the impact of AEP rate increases.

Read the article here

THIS WEEK STATE REPRESENTATIVES MIKE FOLEY (D) AND TERENCE BLAIR (R) INTRODUCED HOUSE BILL 422 (HB 422)

Fri, 21 Mar 2014 15:56:00 GMT

It would provide key consumer protections and rate caps for tenant-consumers of electric, natural gas and water service who now obtain electricity from their landlords, mobile home park owners, or third party billers such as submetering companies.

The sponsors worked with consumer groups such as the Ohio Poverty Law Center to come up with the proposal, which says that a submeter company must pass through the cost of utilities to the end user with no markup. To read entire article, click here .

LOAN SHARKING AND PAYDAY LENDING

Thu, 20 Mar 2014 13:44:00 GMT

In the struggle to regulate the short term, small dollar loan industry, one theory regularly pops up. This theory states that if such loans are capped and regulated, violent loan sharks will take the place of legitimate small loan businesses that would not be able to survive under such onerous regulation. The violent loan shark threat is mainly raised by industry members and supporters, as most recently happened in Idaho, where a legislative fight to rein in payday loans is waging. An industry supporter quoted in the local news cautioned that making it harder to obtain payday loans could drive borrowers underground. “The danger is that they turn from this sort of legal high-cost loans to illegal high-cost loans such as loan sharking, which, of course, is not a good thing.” In a 2012 article from the Washington and Lee Law Review entitled Loan Sharks, Interest-Rate Caps, and Deregulation, Professor Robert Mayer debunks this “loan shark thesis” using well-researched historical evidence and common sense analysis.

According to Mayer, loan sharks have existed in America at least since the Civil War. The name comes from their predatory behavior, in which the lender seeks to keep the borrower in a cycle of repeated renewals of the high-interest loan. The lender is more concerned with the regular interest payments than the principal itself. Enforcement methods of these early loan sharks did not involve violence at all; instead, loan sharks focused on non-violent personal harassment, wage assignments, and power-of-attorney based judgments to get their money. The idea of violent loan sharks with ties to organized crime did not arise until the 1960s, when splashy headlines captured the public’s attention and forever linked the term to violent enforcement of repayment.

Payday loan regulation was enacted in about three quarters of the states by the mid-twentieth century and was based on a common structure, which limited not only interest rates but contained other regulatory oversight. By the 1950s, many commentators were declaring the problem of predatory lending over because of this regulation, which had placed reasonable limits on the small loan industry.

According to Mayer’s analysis, violent loan sharks historically did not simply pop up wherever strict regulations were enacted. They were limited to certain geographic areas, which tend to be large metropolitan areas like New York, Chicago, and Philadelphia. This suggests that mob-tied loan sharks exist only where organized crime is prevalent, which makes logical sense. It seems unlikely that criminals are in the business of monitoring legislation to pick and choose where they will operate as illegal lenders. Moreover, loan sharks did not come about right after regulation; it took a relatively long time. For instance, Illinois passed a regulatory law in 1917, yet there is no historical evidence of loan sharks being active there prior to World War Two.

Moreover, loan sharks do not target people living paycheck-to-paycheck because the loan sharks do not want to be forced to violently enforce the loan agreement; no one wins when the lender does not get his money back. They are careful to only loan money to those who are likely to pay them back in a short period of time. Payday lenders, on the other hand, cater to the working class who sometimes require cash to tide them over until their next payday. The markets for loan sharks and payday lenders are entirely different, so a rise or fall in one will not necessarily affect the other.

Nevertheless, the “violent” loan shark business and the payday loan business share a common business model. Both are more interested in keeping borrowers in a cycle of debt and profiting from continued interest payments. Multiple studies of the payday loan industry document that repeat borrowing is the norm, and that the industry depends on repeat borrowing to make enough money to stay in business.

A number of states have never legalized the short term, small dollar loans commonly called payday loans, and several others who initially permitted payday lending have since imposed interest rate caps, or allowed enabling statutes to lapse. Yet, the industry has not put forth any credible evidence of an influx of violent, mob-tied loan sharks roaming the streets, filling a lending void in those states.

As Mayer notes, no specific evidence ties payday loan regulation to criminal lending because none exists. Modest regulation of the payday loan industry does not bring violent loan sharking to the forefront of the small loan industry. It does, however, save working class people money and helps prevent them from falling into a destructive debt cycle.

ATUTO TITLE LENDING CAN BE DETRIMENTAL TO CONSUMERS – OPLC ATTORNEY LINDA COOK AND OTHER ADVOCATES TALK ABOUT THE PROBLEMS OF AUTO TITLE LENDING

Wed, 12 Feb 2014 14:54:00 GMT

Story in the Akron Beacon Journal highlights one woman’s nightmare after being trapped in an auto title loan. OPLC attorney Linda Cook talks about the problems with the business model and consumers not opting out of arbitration. A follow up story has a happy outcome for the borrower who was able to pay off her loan do to the kindness of strangers – and maybe LoanMax wrote off her loan.

IN A LETTER TO THE COLUMBUS DISPATCH, OSLA EXCECUTIVE, TOM WEEKS, ENCOURAGES COTA TO PLAN BUSS ROUTES

Mon, 03 Feb 2014 16:01:00 GMT

The solution to poverty, which plagues many families in our community, is jobs — good jobs — and public transportation plays a key role in achieving that solution. I hope that as COTA reviews its service map and schedules, it will pay close attention to the needs of reverse commuters going to work from the Near East Side to Easton, from Weinland Park to Polaris, and from the South Side to Rickenbacker Business Park, as well as to the needs of suburban riders headed to Broad and High.

To read the entire article, click here .

MICAHEL R SMALZ’, SENIOR ATTORNEY, OHIO POVERTY LAW CENTER, TESTIMONY ON H.B. 333 BEFORE THE HOUSE JUDICIARY COMMITTE

Mon, 03 Feb 2014 15:59:00 GMT

Mr. Smalz states in his testimony: “OPLC strongly opposes H.B. 333 because it undermines state disability discrimination law and ostensibly undermines the federal ADA, is both overbroad and unnecessary, would reward unscrupulous property owners who intentionally violate disability discrimination laws, and would mislead property owners and business into thinking they have a legal immunity under the Americans with Disabilities Act (ADA).” To read his entire testimony, click here.

OPLC DIRECTOR, EUGENE KING, SPOKE ON THE RISKS CREATED BY RECENT CHANGES IN OHIO’S ABAWD ELIGIBILITY CRITERIA

Mon, 03 Feb 2014 15:05:00 GMT

Gene King, director, Ohio Poverty Law Center speaks at a press conference Tuesday at Trinity Episcopal Church on E. Broad St. King and others highlighted a recent Policy Matters report as advocates, religious leaders, private donors and community foundations called on Governor John Kasich to accept the federal waiver that extends to all of Ohio food aid for one year without the work requirements.

To read the entire article, click here.

OHIO SUPREME COURT WILL DECIDE THE FUTURE OF PAYDAY LENDING IN OHIO – OR NOT

Fri, 20 Dec 2013 17:01:00 GMT

On December 10, Ohio legal aid advocates, represented by Julie Robie from the Legal Aid Society of Cleveland, participated in an oral argument before the Ohio Supreme Court in the case of Ohio Neighborhood Finance, dba Cashland v. Scott. What is notable about our participation is that legal aid did not represent any party involved in this case. Cashland had its stable of expensive big firm lawyers to brief and argue the case. Mr. Scott has long since gone on with his life, having made no appearances in any of the courts hearing his case. Legal Aid and our allies appeared as amici, or friends of the court, to give the Ohio Supreme Court the consumer perspective on the issues involved in this important case.

This case is important for consumers because it challenges the current business model of payday lending in Ohio. As some of you may know, in 2008, Ohio adopted a statute reforming payday lending, repealing the old business model that allowed short term, single pay loans with 391% APR. Ohio has never used the term “payday” loans in its statutes – when enabled in 1995, they were “loans by check cashing lender licensees.” These old loans were eliminated, and replaced with “short term loans.” The loan period for short term loans must be a minimum of 31 days, with a maximum APR of 28%.

Despite legislative reform, payday lending continues as usual for Ohio borrowers. No lenders are licensed under, or making loans under, the Short Term Loan Act. Instead, lenders like Cashland made deliberate business decisions to continue making payday loans, shoehorning into other lending licenses and making convoluted legal arguments to justify evasion of Ohio law. The Elyria Municipal Court and the 9 ^th District Court of Appeals said Cashland cannot make payday loans under the lending license they currently hold. Now it is up to the Ohio Supreme Court to say “yes” or “no.”

But if the Ohio Supreme Court says no – no payday loans – what will this mean for Ohio borrowers? No more payday loans, at least in this current form? I wish. Unfortunately, the consumer small loan industry will continue to flourish. Even as we await the Cashland decision, cash-strapped Ohioans can get a short term consumer installment loan secured by a postdated check. Or they can stop in their friendly neighborhood auto title loan shop and walk out with a loan secured by the title to their car. And all of this and more can be done over the internet and without leaving the comfort and convenience of home. This market, “the financially underserved market”, generated $89 billion in fee and interest revenue in 2012. This industry is limited only by the ingenuity of its management teams, clever legal staff, and the greed of its funders and investors.

Under the veneer of industry best practices and superior customer service, the short term loan industry is making money selling credit to struggling families as a means to bridge the income gap. None of these financial products help struggling families address the underlying problems of chronic income shortfalls, or help families build wealth so they can move up the socio-economic ladder. Despite very credible studies showing that the economic activity generated by this industry results in a net loss to the economy, this industry will thrive until policymakers step up to the plate.

Stepping up to the plate doesn’t just mean better regulation of the industry and more consumer protections. Enforcement of existing consumer protection laws and the political will to stop predatory lending will always lag behind this constantly moving target. Stepping up to the plate means policy makers must address the much tougher issues involved in closing the income gap between low wages and what it really takes to make ends meet.

The political struggle to expand Medicaid, the Governor’s refusal to apply for a federal waiver to waive work requirements for food stamp recipients, the shrinking Ohio Works First program, continued high unemployment rates and Congress’s refusal to extend Emergency Unemployment Compensation all indicate that Ohioans will not soon see any real shift toward policies that support working families in the struggle to not just to make ends meet, but to make a better life for themselves and their children.

In the meantime, 46 Credit Services Organizations, 234 Ohio Mortgage Loan Registrants with 1202 Mortgage Loan registrant branch offices, 32 Small Loan Licensees with 171 Small Loan licensee branch offices, 150 licensed pawnbrokers with 178 branch store fronts ( as of December 19 ) will be in our neighborhoods or at our fingertips to help us get the money we need. As long as we can afford their exorbitant fees and interest.

ADVOCATES CALL ON GOVENOR TO WAIVE FOOD STAMP WORK REQUIRMENTS

Thu, 19 Dec 2013 16:08:00 GMT

On Tuesday, December 17, OPLC Director Gene King joined other low income advocates in a press conference calling on Governor Kasich to request the available federal waiver that would exempt as many as 134,000 poor Ohioans from program work requirements. To read NBC4i’s news coverage, click here .

OPLC COSPONSORS “OUTSTANDING WARRANTS DAY” IN PORSTMOUT, OHIO

Wed, 18 Dec 2013 16:10:00 GMT

See article from Portsmouth Daily Times here

See video and article from WSAZ here

COLUMBUS DISPATCH QUOTES TWO OPLC ATTORNEYS IN COMMENTARY ON SHORT-TERM HIGH INTEREST LOANS

Tue, 26 Nov 2013 16:25:00 GMT

Jack D’Aurora, regular contributor to the Columbus Dispatch Opinion page, takes on payday and other forms of predatory consumer loans.

To read the story, click here .

TOLEDO BLADE QUOTES LINDA COOK, OPLC SENIOR ATTORNEY, ON PRENDING DEBT SETTLEMENT LEGISLATION

Thu, 14 Nov 2013 19:36:00 GMT

Linda states most complaints about debt settlement companies come from senior citizens, who are especially conscientious about paying off debts and avoiding bankruptcy.

To read entire article, click here.

LINDA COOK, OPLC SENIOR ATTORNEY, COMMENTS ON NCLC’S REPORT OF OHIO’S FAILING GRADES IN DEBT COLLECTION

Wed, 13 Nov 2013 14:21:00 GMT

Linda spoke with WKSU about debt collection practices in Ohio.

To read the entire article, click here.

OPLC SENIOR ATTORNEY MIKE SMALZ EXPRESSES CONCERN THAT DELAYS IN SERVING CPOS CAN PUT DV VICTIMS AT CONTINUING RISK

Thu, 07 Nov 2013 19:40:00 GMT

CityBeat Cincinnati article, August 28, 2013

OPLC SENIOR STAFF ATTORNEY MIKE SMALZ CO-AUTHORS TWO-PART SERIES ON LEGISLATIVE ADVOCACY FOR APA CHILDREN’S RIGHTS LITIGATION COMMITEE NEWSLETTER

Thu, 07 Nov 2013 15:10:00 GMT

Mike Smalz, family law advocate at OPLC, co-authored a two-part series on legislative advocacy as a tool for children’s rights attorneys and advocates to establish, defend and expand children’s rights.

Click here to read the first of this two-part series

OPLC ATTORNEY MIKE SMALZ QUOTED IN HUFFINGTON POST PIECE ON SAME SEX MARRIAGE

Thu, 07 Nov 2013 14:59:00 GMT

OPLC senior attorney Mike Smalz was quoted in an April 9, 2012 article about the implications of Ohio’s constitutional amendment banning same sex marriage, and what that might mean for North Carolina, which is considering a similar amendment.

Click here to see the article on Huffington Post .

CONSUMER ADVOCATES OFFER RECOMMENDATIONS TO PUCO RULES

Thu, 31 Oct 2013 16:25:00 GMT

Recently, Ohio residential consumer advocates were invited by the Public Utilities Commission of Ohio (PUCO to file comments of on the rules governing the connection, disconnection and reconnection of gas and electric service and Ohio’s low income assistance program the Percentage of Income Payment program Plus (PIPP Plus) as part of the PUCO’s five-year review. Collectively, the consumer advocates are the only voice for everyday residential consumers before the PUCO, who makes and enforces rules regarding: utility security deposits, appropriate proof of consumer creditworthiness, and the timing and manner of shut off notices. This case is the only place where advocates can make recommendations on behalf of low- income customers who depend on the PIPP Plus program to get and/or remain connected to their utility to have heat and lights. These rules affect over 7 million customers who get gas or electric utility service from one of the regulated utilities in Ohio such as Duke, First Energy, AEP, or Columbia Gas, to name a few.

Consumer advocates urged the adoption of rules or changes to the rules in order to protect customers and maintain service without undue harm to utilities. In addition, the advocates made recommendations to improve PIPP Plus, which makes electric and gas payments affordable for low income Ohioans. The PIPP Plus program was created almost 3 years ago when the “Plus” was added to the existing PIPP program to provide arrearage forgiveness to many residents who had built up significant utility debt. The consumer advocates made the following recommendations for the Credit and Connection rules:

Reduce utilities’ use of Social Security numbers to reduce the risk of identity theft
Make security deposit requirements reasonable and affordable
Connect service within a reasonable time after a request for service has been made

Similarly, the advocates also offered suggestions when disconnection or reconnection of service is an issue:

Forbid landlords from using utility shut-offs to force tenants to move
Require reconnection soon after payment is received if service is disconnected for nonpayment
Make tenants liable only for service for the times that they actually rent and occupy a unit
Create uniform rules and allow online access to forms for both residents with health emergencies and their healthcare providers to request temporary waivers of payment during health emergencies

This is only a sample of suggestions made by the consumer advocates. Click here and here to see all of the topics covered. Use this link to see the current rules and the rule changes proposed by the Staff of the PUCO.

As mentioned previously, consumer advocates also made numerous recommendations to improve the PIPP Plus program, such as:

Maintain a hardship exemption to waive the $10 minimum payment for up to six months
Allow customers the benefits of arrearage forgiveness if they fully or partially pay in advance
Extend the time periods for customers cycling off PIPP Plus (for whatever reason) to provide payment schedules that are reasonable and affordable
Allow the transfer of delinquent accounts to a PIPP Plus account
Provide a more expansive definition of “on-time payment.”

Our positive recommendations will only improve the current rules, and we hope that the PUCO agrees and adopts many of these recommendations. The consumer advocates who jointly submitted comments include: the Ohio Poverty Law Center (OPLC) as well as most of the legal aid programs in Ohio, the Ohio Partners for Affordable Energy (OPAE), the Ohio Consumers’ Counsel (OCC), the Citizens’ Coalition, the Coalition of Homelessness and Housing in Ohio (COHHIO), the Ohio Association of Area Agencies on Aging (OAAA), the Ohio Association of Community Action Agencies (OCAA), and the Ohio Association of Food Banks.

CLEVELAND PLAIN DEALER QUOTES OPLC SENIOR ATTORNEY LINDA COOK ON DEBT SETTLEMENT INDUSTRY BILL

Mon, 28 Oct 2013 19:38:00 GMT

Drawing parallels between the debt settlement industry and payday lenders, the Plain Dealer urges the legislature not to let the industry write its own rules for Ohio. Cook points out that Ohio already regulates this industry, and the combination of Ohio law and federal telemarketing rules protect Ohioans. For the full story, click here.

GENE KING, DIRECTOR OF THE OHIO POVERTY LAW CENTER QUOTED BY MSNBC ON MEDICAID EXPANSION

Mon, 28 Oct 2013 14:19:00 GMT

MSNBC covers the Ohio controlling board’s vote to accept federal funding for Medicaid The country’s seventh most populous state is now on the road to health care reform. “This is great news for the 300,000 Ohioans who will now be eligible for Medicaid,” says Gene King, director of the Ohio Poverty Law Center. “Tomorrow, we can start work on outreach and enrollment.”

To read the entire article, click here .

OPLC RELEASES HEALTH CARE AND UNCOMPENSATED CARE FACT SHEETS FOR OHIO COUNTIES

Fri, 11 Oct 2013 11:49:00 GMT

OPLC releases Health Care and Uncompensated Care Fact Sheets for Ohio Counties

The Ohio Poverty Law Center recently developed uncompensated care and Medicaid fact sheets for each of Ohio’s 88 counties to illustrate the benefits of expanding Medicaid on local economies. For more than a year, Ohio has been debating whether to expand Medicaid to Ohioans up to 138% of the federal poverty level. That expansion would provide access to health care for 300,000 very low-income Ohioans who are currently uninsured and have little or no access to health care.

For each county, the fact sheets include:

the number of uninsured adults living in the county
the number of uninsured adults living in the county with incomes at or below 138% of the federal poverty level who would be eligible for Medicaid under an expansion
the current number of Medicaid recipients living in the county
the amount of uncompensated care provided by hospitals

This information illustrates the economic benefits Medicaid expansion would have on local economies by (1) reducing medical debt so that low-income patients and their families can use their scarce resources for other necessities such as food and housing, (2) dramatically reducing cost shifting by hospitals for care provided to uninsured patients, and (3) pumping millions of dollars into county economies and billions of dollars into the state’s economy via Medicaid payments to hospitals, physicians and other health care providers.

For a full set of the county fact sheets, visit: http://www.ohiopovertylawcenter.org/county-medicaid-expansion-fact-sheets

Studies have found that every $1.00 of Medicaid spending generates about $3.15 of economic activity so that this multiplier effect will help to create even more new jobs and businesses in Ohio’s counties. One such study is: R Greenbaum and A Desai. Uneven Burden: Economic analysis of Medicaid expenditure changes in Ohio. The Health Foundation of Greater Cincinnati, Cincinnati, Ohio 2003 . http://www.ppm.ohio-state.edu/ppm/Medicaid.pdf .

Of course, the benefits of expanding Medicaid go far beyond mere dollars and cents. Improved health status, extended life expectancy, expanded employability, greater family stability and other personal and societal benefits will eventually dwarf the economic impacts, but the economic benefits to the state and each of Ohio’s counties should persuade policy makers who only focus on the bottom line too support expanding Medicaid.

Please share this information with friends and neighbors and encourage everyone to contact their legislators to ask them to support expanding Medicaid in Ohio to the fullest extent

Let us all hope that Ohio takes the steps to expand Medicaid soon so that all Ohioans and our local and state economies can enjoy the benefits beginning in January 2014.

LINDA COOK, OPLC SENIOR ATTORNEY, COMMENTS ON OHIO DEBT COLLECTION RULES

Thu, 10 Oct 2013 19:39:00 GMT

Linda Cook, a senior attorney with the Ohio Poverty Law Center, said state laws should protect more of the income of low-wage earners and permit debtors to more easily keep vehicles essential to commuting to jobs — and paying debts. To read the complete article, click here.

OPLC SENIOR ATTORNEY, LINDA COOK, SPEAKS OUT ABOUT CAR TITLE LENDING

Fri, 06 Sep 2013 19:03:00 GMT

Cincinnati.com article, September 5, 2013

OPLC RELEASES COUNTY FACT SHEETS SHOWING WHY MEDICAID EXPANSION WOULD BE GOOD FOR OHIO

Wed, 04 Sep 2013 19:49:00 GMT

Each county-specific fact sheet highlights the number of uninsured residents, the potential expansion population, and the amount of uncompensated medical care provided by hospitals. The facts sheets can be accessed here.

Coverage by Cincinnati CityBeat, August 30, 2013 blog

OPLC study cited in article about the Medicaid expansion

Wed, 04 Sep 2013 19:47:00 GMT

Cincinnati CityBeat blog, August 30, 2013

Sales from established stores at Lany Bryant grew 2 percent

OPLC AND OTHER ADVOCATES OPPOSE DRUG TESTING LEGISLATION

Wed, 04 Sep 2013 19:13:00 GMT

The bill regarding drug testing for Ohio Works First (OWF) recipients is being reintroduced as a three-county pilot. OPLC, COHHIO, ACLU, Ohio Association of Food Banks and The Ohio Council of Behavioral Health and Family Services Providers issued a joint press release opposing the bill.

Coverage by The Blade (Toledo, Ohio), September 3, 2013 editorial

Coverage by Columbus, Ohio 10 TV News, August 29, 2013

Coverage by Columbus, Ohio WOSU NPR, August 30, 2013

Coverage by The Columbus Dispatch, August 31, 2013

OPLC SENIOR ATTORNEY, LINDA COOK, AND OHERS OPPOSE DEBT SETTLEMENT LEGISLATION

Tue, 03 Sep 2013 19:07:00 GMT

The Columbus Dispatch, September 3, 2013 article

CONSUMER UTITLITY ADVOCATES BEING IGNORED BY THE PUCO

Sat, 31 Aug 2013 19:05:00 GMT

The Columbus Dispatch, August 31, 2013 article

MEDICAID EXPANSION IS A WIN-WIN FOR OHIO

Wed, 28 Aug 2013 15:10:00 GMT

August 28, 2013: the Ohio Poverty Law Center releases fact sheets showing why Medicaid expansion is a win-win for Ohio

For Immediate Release: August 28, 2013

Facts show that Medicaid expansion is a win-win for Ohio

The Ohio Poverty Law Center released fact sheets on health care coverage and spending for each of Ohio’s 88 counties showing why expanding Medicaid makes good dollars and good sense for Ohio.

The reports highlight each county’s number of uninsured residents and residents who would be eligible for Medicaid under an expansion to 138% of the federal poverty level and the amount of uncompensated medical health care provided by hospitals.

The cost of hospital services in Ohio exceeded 30 billion dollars in 2011. About 2 billion dollars of those services were not compensated from individuals, Medicaid or any other insurance program. Uncompensated care shifts costs to insured patients and takes money away from local economies.

“We hope these fact sheets help Ohioans, elected officials and communities across the state to better understand how expanding Medicaid will let their residents get the health care they need and also help their local economies,” said Eugene King, director of the Ohio Poverty Law Center.

Depending on the county, between about one half to two-thirds of residents currently uninsured would become eligible for Medicaid under an expansion to 138% of the federal poverty level.

More than two million Ohioans are now enrolled in Medicaid and an estimated 375,000 more Ohioans could become eligible under an expansion.

“Access to affordable health care helps families become more stable and secure.”

“Expanding Medicaid would increase access to needed medical care, dramatically reduce uncompensated care and pump money into local economies. It is a winning strategy for our residents and our communities,” King added.

To read the fact sheets, click here.

July 1, 2011: Director Gene King on the Medicaid and health care access for low income Ohioans

OPLC AND LEGAL AIRS FILE AN AMICUS BRIED IN THE OHIO SUPREME COURT PAYDAY LENDING CASE

Thu, 15 Aug 2013 19:15:00 GMT

OPLC, Pro Seniors, and direct service legal aids were joined by the Coalition on Housing and Homelessness in Ohio and the Catholic Conference of Ohio in an amicus brief challenging the current business model of payday lenders, and supporting the decisions of the lower courts finding that payday lenders must make payday loans under the Short Term Loan Act, and cannot make payday loans under the Ohio Mortgage Loan Act.

Click here to read the full brief.

OPLC ROLLS OUT NEW FORECLOSURE SELF HELP WEBSITE

Thu, 08 Aug 2013 19:34:00 GMT

The Ohio Poverty Law Center and Pro Seniors, Inc. announced the completion of a new foreclosure self help website designed to help homeowners struggling with foreclosure, financial problems and family stability. You can find this new site here

ADVOCATES IMPROVE UNEMPLOYMENT COMPENSATION BILL FOR OHIO WORKERS

Thu, 25 Jul 2013 09:35:00 GMT

The Ohio General Assembly has passed new unemployment compensation legislation, House Bill 2 (HB 2), and Governor Kasich signed HB 2 on July 11, 2013. It becomes law 90 days after the Governor’s signature, but certain requirements take effect at a later date. As a result of advocacy by Mike Smalz (Ohio Poverty Law center), Hannah Halbert (Policy Matters) and the Ohio Employment Lawyers Association (OELA), the final version of HB 2 represents a huge improvement over the bill as it was introduced.

As introduced, HB 2—sponsored by Representative Tim Derickson—required all unemployment compensation applicants to personally “register” on the OhioMeansJobs website as a precondition to receiving any unemployment benefits. (OhioMeansJobs is the exclusive job placement service for Ohio’s “one stop” employment assistance centers.) “Registration” involved posting a complete résumé. In addition, every week unemployment claimants would receive an email from OhioMeansJobs listing appropriate job matches. The bill also required everyone to “report” to their local One Stop office beginning in their eighth consecutive week of claiming unemployment benefits.

Mike Smalz and Hannah Halbert met several times with the bill’s sponsor, the Ohio Department of Job and Family Services (ODJFS), and the Governor’s Office to discuss a number of issues of concern. Mike and Hannah pointed out that some low-income unemployed individuals do not have a computer or reasonable access to the Internet, or are computer-illiterate. Other individuals face disability- or language-related barriers. Mike also cited an April 6, 2013 U.S. Department of Labor Finding determining that Florida’s unemployment compensation online application, registration and reporting requirements violated the Americans with Disabilities Act (ADA), Title VI (language discrimination) and other federal civil rights laws.

Representative Derickson, ODJFS and Senate Republicans agreed to amend several key provisions of the bill. As a result, final Sub. HB 2 provides:

— Individuals may register either online or by phone. People who file their unemployment compensation applications by phone will also “register” by phone: the information they provide over the phone will generate a basic résumé that will be automatically be posted on the OhioMeansJobs website, although claimants may later be required to update or expand their résumé.

— Individuals who lack a personal email account will receive telephone calls from ODJFS informing them of their weekly OhioMeansJobs job matches. Claimants will not be required to pursue those specific job matches so long as they make the required number of weekly job searches.

— The following categories of persons who have significant “barriers” are exempt from the registration requirement: individuals who are legally or physically unable to use a computer or who have a limited ability to read, write, speak, or understand a language in which OhioMeansJobs is available.

— Individuals who are temporarily laid off as part of a mass lay-off or plant closing, or who are attending an ODJFS-approved training course, or who are a member of a union that refers members to jobs through its labor referral or placement system are also exempt from the “actively seeking work” and registration requirements.

— Finally, the requirement that claimants “report” to their local One Stop office beginning in their eighth week after first filing for unemployment benefits may be accomplished by in-person, online, or telephone contacts, depending on ODJFS policies and the claimant’s particular circumstances.

Sub. HB 2, in its final version, is a victory for Ohio’s unemployed workers and a far better outcome than what has happened in other states where conservative governors and legislators have pushed through legislation creating major hurdles to getting unemployment benefits or reducing the amount or duration of unemployment benefits.

written by Mike Smalz

OPLC OPPOSES DEBT SETTLEMENT LEGISLATION

Mon, 15 Jul 2013 16:06:00 GMT

Senior Staff Attorney Linda Cook testified in opposition to for-profit debt settlement legislation currently pending in the House.

OPLC Testimony in Opposition to Debt Settlement Legislation HB 173

OHIO’S PROPOSED DEBT SETTLEMENT LEGISLATION BAD POLICY FOR OHIO’S CONSUMERS

Mon, 15 Jul 2013 14:58:00 GMT

Recently, Representative Lou Terhar introduced HB 173 in the Ohio House. The bill purports “to regulate the for-profit debt settlement industry in Ohio.” Although this industry needs significant regulatory reforms, the proposed modifications of state law would offer mostly redundant regulation while removing fees caps that protect Ohio’ s citizens. The bill that would emerge is bad for Ohio consumers and bad public policy for Ohio, and Ohioans should urge their representatives to just say “no” to HB 173.

Debt settlement companies attract customers through marketing campaigns designed to give debt-burdened consumers the false impression that their services will allow individuals to settle their outstanding debts at substantial discounts.

In practice, however, these companies can leave consumers with higher debt loads and adverse court judgments, while charging exorbitant fees. In doing so, debt settlement companies prey on Ohio’s impoverished citizens, many of whom have been forced to rely on their credit cards as a bridge between their income and needs in desperate economic times. The typical for-profit debt settlement business model advises debtors who enroll in a plan to stop paying their credit card bills and instead set aside money before negotiations with creditors begin. Late fees and penalty interest rates mount as a result, leaving the consumer with a larger debt than when they started. Additionally, entering a plan is no guarantee that collection activities will stop; often creditor harassment and law suits continue.

Studies show that only a small minority of debts are actually settled by the companies in this industry. Even the American Fair Credit Council, the debt settlement industry’s trade association, has admitted that 66% of clients will not see even 75% of their debts settled. Additionally, the industry fails to include fees and the tax consequences of debt forgiveness in the analysis of debtor savings, giving an incomplete picture of the “benefits” of for-profit debt settlement plans. Because of these issues, it is unsurprising that the Better Business Bureau has called the industry “inherently problematic,” and the Office of the Comptroller of the currency has charged that “this is not a legitimate method of satisfying debts.”

Currently, Federal Trade Commission rules ban the most abusive practice common to the debt settlement industry: charging advance fees. Additionally, certain disclosures must be made to potential customers regarding the nature of the debt settlement company’s business practices and the consequences of entering a plan. Existing Ohio law puts fee caps on what this industry can charge for its services, and gives debtors who are victimized by abusive practices claims for relief under the Consumer Sales Practices Act.

HB 173, if enacted, will codify many of the FTC’s restrictions into Ohio law. However, caps on fees are abolished by the proposed bill. With such provisions, HB 173 is an example of “faux reform” for the citizens of Ohio. The proposed regulations are already in place, and the debt settlement industry will have greater freedom to charge astronomical fees. This should come as no surprise, given that the bill is backed by the American Fair Credit Council, the debt settlement industry’s trade association. The support of this organization should be telling for Ohio citizens who seek to restrain the harmful practices of debt settlement companies. For these reasons, Ohioans should urge their representatives to vote “no” on HB 173.

OHIO AT A CROSS ROADS: MEDICAID EXPANSION

Fri, 26 Apr 2013 21:08:00 GMT

Ohio At A Cross Roads: Medicaid Expansion

The Ohio General Assembly and Governor Kasich are at odds over Medicaid expansion as anticipated by the Affordable Care Act.

The Governor, a conservative Republican, included a Medicaid expansion in the state budget for all Ohioans with incomes up to 138% of the federal poverty level. This is the right thing to do for Ohioans who are now uninsured and cannot obtain the care they need to become, or remain, healthy. It is also the right thing to do to help Ohioans become more employable so they can be self-sufficient and stable. It is also the right thing to do for the state’s economy and budget.

Expanding access to health care to address the needs of the uninsured and to help Ohioans become self-sufficient and stable is important, but the last point about the state’s economy and budget is why every member of the Ohio General Assembly should support the Medicaid expansion.

The Medicaid expansion draws federal dollars into Ohio. The Governor projects that $13 billion dollars of federal funding would come to Ohio by 2020. Other projections are as high as $20 billion. In any case, a huge amount of money would circulate and generate additional economic growth in Ohio’s towns, cities and counties.

The Medicaid expansion fills a $400 million hole in the state budget because it off sets costs for mental health, corrections, drug and alcohol treatment and other services.

Read more about the impact of a Medicaid expansion in Ohio, on the Office of Health Transformation’s website, http://www.healthtransformation.ohio.gov/LinkClick.aspx?fileticket=vDu4XgXYGm0%3d&tabid=136

The expansion has the overwhelming support of the public, stakeholders and others. Click here to see what stakeholders and editorial boards have said about the expansion.

What they are saying about extending Medicaid coverage: Stakeholders and Editorials

The House removed the expansion from the budget it passed and has said that it will consider an expansion in the fall of 2013. The Senate President has announced that he would support a separate bill to explore whether to expand Medicaid, but it is unclear when such a bill might be introduced, how quickly it would move, and whether the Senate would make it a priority.

In the meantime, the clock ticks on and Ohioans may not get the care they need and deserve, and the state will lose billions of dollars of federal funding, just when the state needs to increase its economic activity and growth. Standing in the way of expanding

Medicaid is bad for the state and bad for Ohioans.

The Governor is right. Ohio needs to expand Medicaid now to provide care for its residents and to strengthen our economy. As concerned Ohioans, we should all first, contact the Governor to thank him for fighting for Medicaid, second, contact our legislators to ask them to do what is right for Ohio and Ohioans, expand our Medicaid program now and, third, tell our friends and neighbors to do the same.

MEDICAID EXPANSION IS RIGHT FOR OHIO (LETTER TO EDITOR, COLUMBUS DISPATCH, 4.4.13)

Thu, 04 Apr 2013 09:05:00 GMT

The Medicaid expansion currently being debated in the state budget would improve the health, safety and stability of Ohioans and Ohio families.

People who have access to health care are healthier. They get more appropriate preventive care and avoid emergency-room visits and heath crises. Many low-wage workers do not have access to employment-based health insurance, and they cannot afford to buy private insurance.

Families and individuals with access to health care are safer. They can get the health care they need, including immunizations and prescription medications, to avoid health risks and address chronic conditions.

Families and individuals with access to health care are more stable. Medical debt was a factor in 62 percent of the 38,000 bankruptcy filings in Ohio in 2012. Medical debts also play a significant role in home foreclosures. Access to health care would significantly reduce the number of bankruptcies and home foreclosures so that more Ohioans could remain economically stable and independent.

Debt also is a factor in domestic violence. Reducing medical debt would lessen family stress and domestic violence, keeping more families intact and stable.

Access to health care also will make Ohioans more employable, increasing their financial and social stability.

The Medicaid expansion would provide a helping hand to Ohio, Ohioans and Ohio families. It would keep Ohioans healthy, safe and stable. It is the right decision for Ohio and all of our residents.

– EUGENE R. KING

Director

Ohio Poverty Law Center

Columbus

https://www.dispatch.com/content/stories/editorials/2013/04/04/1-medicaid-expansion-is-right-for-ohio.html

OPLC ATTORNEY SPEAKS ABOUT SCHOOL TO PRISON AT COLUMBUS METROPOLITAN CLUB

Tue, 19 Mar 2013 16:13:00 GMT

On October 24, 2012, OPLC Attorney Sarah Biehl appeared on a panel at the Columbus Metropolitan Club discussing the school to prison pipeline and how it impacts Ohio children.

OPLC Attorney Sarah Biehl spoke on a Columbus Metropolitan Club panel at the Athletic Club of Columbus on Wednesday, October 24, 2012. Sarah appeared with Ohio State University Moritz College of Law professor and incoming Ohio School Boards Association President Charlie Wilson, Children’s Defense Fund-Ohio Executive Director Renuka Mayadev, and Ohio State University Moritz College of Law clinical professor Kim Jordan. During the presentation, Sarah highlighted her recent research ( compiled here, in a joint issue brief OPLC published with Children’s Defense Fund-Ohio) on how the overuse of harsh school discipline harms Ohio children, particularly African-American children, children with disabilities, and low-income children.

Sarah’s presentation begins at approximately 12 minutes in to this video of the entire panel: Click here to view a video recording of the panel presentation.

OPLC AND OTHER ADVOCATES OPPOSE ELECTRIC DEREGULATION

Tue, 19 Mar 2013 15:39:00 GMT

OPLC opposes any further deregulation of electricity rates in Ohio. OPLC attorneys Mike Smalz and Joe Maskovyak recently organized a group of legal aid attorneys and other advocates in preparing and submitting comments to the Public Utilities Commission of Ohio to explain why deregulation will raise residential electricity rates and harm Ohio consumers.

MORTGAGE SERVICER ISN’T HELD BY CONSUMER LAW, JUSTICES RULE

Fri, 15 Mar 2013 20:15:00 GMT

OPLC Senior Staff Attorney Linda Cook disagreed with the ruling, handed down May 14, saying mortgage servicers “are the middlemen, and most of the time that’s the only entity that homeowners deal with once the loan is closed.” Read the full Columbus Dispatch article here.

DISPATCH OP-ED MAKES THE CASE FOR CONTINUED REGULATION OF PUBLIC UTILITIES

Wed, 13 Mar 2013 16:28:00 GMT

In the March 13, 2013 Columbus Dispatch, columnist Jack D’Aurora explains why regulation of public utilities is better for consumers, in light of the fact that the Public Utilities Commission of Ohio is currently considering whether to deregulate electricity service in Ohio. OPLC attorneys Joe Maskovyak and Mike Smalz are quoted extensively.

Click here to read the op-ed: Utility deregulation not so good for consumers

TESTIMONY TO JOINT SENATE SCHOOL SAFETY SUBCOMMITTEE: CREATING A POSITIVE SCHOOL CLIMATE AND ELIMINATING HARSH ZERO TOLERANCE POLICIES IMPROVE SCHOOL SAFETY

Wed, 13 Mar 2013 11:43:00 GMT

The following is written testimony submitted by Ohio Poverty Law Center staff attorney Sarah Biehl at the Joint Senate School Safety Committee hearing at the Ohio Statehouse on March 12, 2013:

Senator LaRose, Senator Lehner, members of the School Safety Subcommittee, thank you for the opportunity to testify today on the subject of school safety. This is a vitally important topic for Ohio’s youth, and I commend you for taking the time to seek public input on how the legislature might best address it and protect children’s right to receive their educations in safe, secure, positive environments.

My interest in this topic stems from my experiences researching, analyzing, and advocating on school discipline issues, including zero tolerance policies, the overuse of harsh exclusionary discipline such as suspension and expulsion, and the negative outcomes for students that come with increased police presence in many schools. I am here today to urge the committee to focus on taking action that will help Ohio schools work with their communities to build positive school climates where students, teachers, and staff feel safe, protected, and respected. Evidence is growing across the United States that the best way to do this is to dismantle the school to prison pipeline: eliminate zero tolerance policies, reduce the use of harsh exclusionary discipline to address minor, non-violent misbehavior among students, and put in place systems that build trust, respect, and dignity among all members of a school community.

In November 2012, the Ohio Poverty Law Center and Children’s Defense Fund-Ohio jointly published an issue brief entitled “Zero Tolerance and Exclusionary School Discipline Policies Harm Students and Contribute to the Cradle to Prison Pipeline.” [1] In the brief, we drew on Ohio Department of Education data to show how Ohio children are being suspended or expelled from school at alarming rates, mostly for non-violent behavior such as “disobedient or disruptive behavior.” Moreover, Ohio’s most vulnerable students disproportionately bear the burden of such policies. African American students statewide are over five times more likely to be suspended for engaging in the same behavior as white students. Children with disabilities are anywhere from two to eight times more likely to be suspended as non-disabled children. Low-income children are two and a half times more likely to be suspended as children who are not low-income.

These disparities and the overall trend toward excluding children from school as a form of discipline make our schools less safe because these practices foster negative school climates in which children feel criminalized and isolated from what is, for many, one of the few stable institutions in their lives. The consequences to schools, children, and communities are devastating. Research nationally shows that schools that use zero tolerance policies and have higher suspension rates are not safer – in fact, the increase in the use of harsh zero tolerance policies correlates with an increase in violent incidents on school property, and also correlates with lower academic achievement and test scores. For children, a history of prior suspensions from school is the number one factor that leads to kids dropping out of school and is linked with a host of other negative academic and life outcomes. And communities where a large number of young people are neither in school nor working are not as productive or stable as communities with higher high school graduation and employment rates. When our schools and communities are less safe and stable, our students and school staff are, too.

Since 2004, I have coordinated and worked with the Dignity in Schools Campaign (DSC) [2] , a national multi-stakeholder coalition of youth, parents, educators, grassroots groups, and policy and legal advocacy groups that works to challenge the systemic problem of school pushout in our nation’s schools. One of the goals of the DSC is to ensure that those most affected by the education system and school pushout are at the center of our work and have a voice in policies that will affect their lives. Since the Newtown shootings last year, a group of youth leaders within DSC have been working on an effort to ensure that their voices are heard by the policymakers around the country who are considering new policies in response to Newtown. Since none of those students are here today, I wanted to share a small excerpt of their statement [3] with you:

We can imagine the pain and suffering that the youth and families in Newtown, Connecticut are experiencing. As youth growing up on some of America’s deadliest streets, we are all too familiar with gun violence and its impacts. Too many of us have been shot and shot at. We have buried our friends and family members. Nearly all of us have been to more funerals than graduations. No one wants the violence to stop more than we do. . . .For forty years, federal, state, and local dollars have gone toward the massive build-up of juvenile halls, jails and prisons while simultaneously severe cuts have been made to our school and higher education budgets. . . .As a result, in communities of color throughout the nation, students now experience a vicious school-to-jail track. These policies haven’t protected us, helped us to graduate or taught us anything about preventing violence. They have taught us to fear a badge, to hate school and to give up on our education. We understand too well that guns in anyone’s hands are not the solution. You can’t build peace with a piece.

Obviously, these students represent a particularly urban perspective, and are approaching this issue specifically as youth of color, and you as policymakers have to make policies that apply to all school districts in Ohio, urban, rural, and suburban, but I think their perspective is uniquely compelling. Their full statement goes on to make many of the same recommendations I make to you here today.

Recommendations:

Instead of continuing harsh school discipline policies and placing more guns and/or police officers in schools, I urge you to consider policies that will build positive school climates instead:

Eliminate zero tolerance policies. Ohio has a state statute, R.C. 3313.534, that directs Ohio boards of education to adopt “a policy of zero tolerance for violent, disruptive, or inappropriate behavior.” This state statute is outdated, ineffective, and should be eliminated and replaced with a revised code section specifically encouraging school districts to adopt positive, preventive approaches to school discipline and bullying.
Develop, promote, and fund trainings and other resources for teachers, administrators, and other education professionals on classroom behavior management, school-wide positive behavior interventions and supports, restorative practices and restorative justice programs, and other proven, evidence-based models for teaching children positive behavior.
Create opportunities for parents and students to be involved in implementing and monitoring new school discipline policies that promote positive school culture.
Address bullying in schools by providing incentives for school to put in place preventive bullying programs and by adding an enumerated list of categories of students to be protected from bullying. Enumerated policies have been shown nationally to be more effective at increasing student safety and improving the efficacy of anti-bullying strategies.

There is a lot more information and data, both locally and nationally, on these topics and I would be happy to share details with any of you who have more questions or would like to talk in further detail. I hope that I have helped to provide a slightly different perspective on how this committee can best work to increase safety and security in Ohio’s schools, and I hope fervently that regardless of what this committee does, it maintains its focus on ensuring that all Ohio children have access to safe, high quality educations and are treated with dignity and fairness in school.

[1] http://www.cdfohio.org/assets/pdf-files/issue-brief-zero-tolerance.pdf

[2] http://dignityinschools.org/

[3] Statement By Youth of Color On School Safety and Gun Violence In America in the Aftermath of the Mass Shooting at Sandy Hook Elementary School,

http://www.dignityinschools.org/sites/default/files/Youth_Statement_Gun_Violence.pdf

PAYDAY LENDERS TO REPAY SUED CONSUMERS

Mon, 25 Feb 2013 16:17:00 GMT

OPLC senior attorney Linda Cook is quoted in a December 6, 2012 Dispatch article about payday lending.

ROBO-SIGNING AS A BUSINESS PRACTICE

Fri, 25 Jan 2013 17:22:00 GMT

Robo-signer: Sounds like a boring sci-fi movie that’s light on action. In reality, it’s a back-office system of quickly signing off on foreclosure documents like affidavits without actually doing what the affidavits say was done. Also known as cheating and lying. Tampa Bay Times, Dec. 26, 2010

Robo-signing, as a common practice in the financial sector, has been on my mind most recently because of the December 4, 2012 announcement by Cash America (doing business in Ohio as Cashland) that it will refund millions of dollars to about 14,000 Ohio borrowers taken to court by the lender to collect on defaulted loans. To quote the Fort Worth Star-Telegram: “The company, which also makes so-called payday loans, said it recently learned that some employees ‘did not prepare some court documents properly in many of its Ohio collections legal proceedings.’ ”

We can translate this to mean employees were robo-signing documents submitted in court cases to prove Cashland’s cases against borrowers (see above – a.k.a. cheating and lying). Cash America, a payday lender and pawn broker, is the latest lending business to admit to irregularities in the production of documents necessary to prove its claims in court against borrowers. The first industry, of course, was mortgage servicing.

The second financial industry to have fraudulent practices exposed was the debt buying industry. Midland Finance, one of the largest debt buyers in the country, was sued in 2008 for filing false affidavits. In discovery, it came to light that “specialists” in the litigation support department of Midland would sign between 200 and 400 computer generated affidavits per day. Midland was also sued by and settled with the Minnesota Attorney General in mid-2012. The settlement contains a number of provisions, but to address robo-signing, Midland must not file affidavits with the court unless the person has: a) read and understood them, b) confirmed the authenticity of any documents filed with the affidavit, c) only based the affidavit on the signer’s personal knowledge, and d) signed the affidavit in the presence of a notary who acknowledges the affiant’s signature in accordance with law. These criteria are almost identical to some standards agreed to by the five major servicers in the national mortgage settlement. These sound a lot like promising to follow the law that already applies.

Cashland calls the problems that led to its voluntary loan refund program “technical errors”. This is the same argument made by mortgage lenders and debt collectors. Paperwork problems are technical errors that do not change the bottom line – the homeowner/consumer borrowed the money, or used the credit card, and defaulted. They owe the money to someone.

Let’s think about that. Our legal system is an adversarial one, requiring each party to prove its claims or defenses using evidence that meets standards of reliability, dependability, and truthfulness established by the Rules of Court and the Rules of Evidence. Endorsing results over process erodes the fundamental fairness of the system that depends on all parties being held to the same standards.

In Cash America’s case, the problems occurred repeatedly over the course of five years. This is not technical error – this is evidence of a standard business practice – a practice that reflects a disregard for integrity of the legal system.

Cash America estimates the voluntary loan refund program will cost $13.4 million. To put this in perspective, Cash America reported $135,963,000 in net profits in 2011; in the second quarter of 2012, the company reported net income of $29,820,000, and revenues of $411.6 million.

OPLC FIGHTS TO PRESERVE OHIO CONSUMERS’ ACCESS TO LANDLINE TELEPHONES

Fri, 21 Dec 2012 21:55:00 GMT

This piece was written by OPLC Staff Attorney Joe Maskovyak.

The legislature has adjourned for the 2011-12 term, and opponents of SB 271 , including OPLC, can breathe a little easier knowing that SB 271 died a quiet death when this legislature adjourned for the final time. The breathing will only be a little easier, since the powerful telecommunications (telecom) lobby is certain to find a champion to reintroduce SB 271 – the latest telecom deregulation bill – soon after the new legislature convenes in January.

SB 271 was the latest in a series of telecom dereg bills, designed to grant increasing freedom to to the phone companies, all of which have been written and supported by the industry, ostensibly to promote “progress and investment” in Ohio. Of course, as is often the case, the guise of “progress” comes with a price. SB 271 essentially would allow the market (assuming there is one) to regulate the price of landline telephone service, and the Public Utilities Commission of Ohio (PUCO) would not be able to establish any price caps on the cost of your phone rates. Along with the end to price caps to protect consumers who could be gouged by unlimited rate increases, consumers would also see the elimination of what few consumer protections remain in the PUCO rules. Minimal protections, such as getting a phone installed within five days from the date you order and pay for services, or having the phone company reimburse you for outages if they take more than three days to repair them, would have gone away. These are examples of regulations which phone companies apparently find too onerous and burdensome in conducting business.

SB 271 would have paved the way for landline operators to get out of the business of maintaining their existing lines. This could lead to a host of problems. Phone companies only had to show there was some competition but not necessarily competition to all communities. Consequently, it is quite possible, especially in rural southeast Ohio, that a landline provider could withdraw from an area where cell phone coverage is spotty or nonexistent. If your cable provider uses that same landline to transmit its signal, and the landline telephone provider leaves, you can also say good bye to your cable. Alternatively, if you have cell phone coverage but no cell phone, you may be forced to buy one, even if you cannot afford to pay the cost for a new cellphone or for service, if you want to stay connected.

Finally, SB 271 would have signaled the end of Basic Local Exchange Service (BLES). This is a no frills service that allows unlimited calling for a small flat rate for those who do not want or need more service. Together with the end of BLES, “Lifeline” service, which allows affordable phone service for the very poor, could also have gone extinct. This is because Lifeline is priced as a discount from BLES service. How can one discount from something that no longer exists?

The extra time granted by the death of SB 271 should allow more time to better study a radical proposal that was rushed through the Senate and seemed to be gaining momentum before this legislative session ended. OPLC believes there should be more time to study what would be a transformation of the telecom landscape. In fact, the last telecom bill we saw in the legislature, SB 162, which passed in late 2010, statutorily created a study committee to report on that bill’s deregulation impacts. A report is not due until 2014. Sadly, the study committee has never been convened, much less begun to discharge its reporting duty. Hopefully, there will be time for this committee to meet and report about the impacts of the last round of deregulation before we make decisions on further telephone deregulation in the next legislative session.

In the interim, however, we need stand vigilant to the reintroduction of a new telecom dereg bill similar to SB 271, which we at OPLC fully expect to occur when the legislature reconvenes in January 2013. We need to tell our legislators to tread slowly and carefully and to refuse to pass a new bill without full examining all of the possible consequences. Consequently, we need to push our legislators to convene the SB 162 Study Committee to examine what has occurred thus far in the industry (which was the intent of the statutory creation of the committee when the last telecom bill was passed) before we take away consumers’ lifelines and/or landlines. OPLC will be monitoring these issues in the next legislative session, and will report back with details about any new developments.

Check out OPLC’s talking points on SB 271 here . Contact Joe Maskovyak at jmaskovyak@ohiopovertylaw.org or Mike Smalz at msmalz@ohiopovertylaw.org if you’d like more information about this or any other telecommunications deregulation issues.

OPLC & CHILDREN’S DEFENSE FUND RELEASE ZERO TOLERANCE & SCHOOL DISCIPLINE ISSUE BRIEF

Wed, 28 Nov 2012 16:20:00 GMT

Zero Tolerance School Discipline Policies Are Harming Ohio’s Children

New Report from Children’s Defense Fund-Ohio and Ohio Poverty Law Center Highlights How Suspension and Expulsion Harm Low-Income Children, Minority Children, and Children with Disabilities

Columbus, OH – Black students in Ohio public schools are over 5 times more likely to be suspended than white students, according to a new report released today by the Children’s Defense Fund-Ohio (CDF-Ohio) and the Ohio Poverty Law Center (OPLC). The report also explains that economically disadvantaged students are over 4 times more likely to be suspended than kids with no economic disadvantage, and students with “emotional disturbance,” one of several disability categories under federal law, are over 7 times more likely to be suspended than kids with no disabilities. “These disparities in discipline rates in public schools are a particular concern because a history of prior suspensions from school is one of the most prominent factors that leads to young people dropping out of school,” said Sarah Biehl, OPLC staff attorney and one of the authors of the report.

The policy brief sheds light on the problems created by zero tolerance school discipline policies in Ohio schools and explains why harsh discipline that removes children from school, such as suspension and expulsion, harms students, schools, and communities. The issue brief, titled Zero Tolerance and Exclusionary School Discipline Policies Harm Students and Contribute to the Cradle to Prison Pipeline®, explains that, since the advent of zero tolerance school discipline in the late 1990s, disability, economic, and race disparities in discipline rates in Ohio have skyrocketed. Moreover, these negative outcomes have come without a boost in school safety or improvement in students’ overall academic performance. “Zero tolerance school discipline policies push children out of school and leave them without our guidance and care. We must do better for all of our students. Ohio’s future is at stake,” said Renuka Mayadev, Executive Director at CDF-Ohio.

The report includes a call to action to Ohio policymakers, educators, school administrators, parents, students, and community members and proposes next steps to halt the overuse of exclusionary school discipline and implement positive, preventive approaches to discipline that have been proven nationally to improve school climate and decrease disciplinary incidents. Proposed next steps to reverse the problem include revising the Ohio Revised Code to remove Ohio’s statewide mandate requiring the use of zero tolerance policies, revising individual school district policies, and implementing evidence-based models for teaching children positive behavior.

Children’s Defense Fund-Ohio provides a strong, effective, and independent voice for all the children of Ohio who cannot vote, lobby, or speak for themselves. We pay particular attention to the needs of poor and minority children and those with disabilities. CDF-OH educates the public about the needs of children and encourages preventive investments before they get sick, drop out of school, get into trouble, or suffer family breakdown.

The Ohio Poverty Law Center is a nonprofit law office that pursues statewide policy and systemic advocacy to expand, protect, and enforce the legal rights of low-income Ohioans. OPLC supports the statewide legal aid community and uses a three-pronged strategy of systemic advocacy, training & education, and strategic communications to achieve its mission.

Download & Read the Full Issue Brief Here .

CHILD SUPPORT BILL LIKELY TO BE PASSED DURING GENERAL ASSEMBLY’S LAME DUCK SESSION

Thu, 15 Nov 2012 11:12:00 GMT

House Bill 561 (HB 561)—sponsored by Representative Lynn Slaby—was introduced last May and has been assigned to the House Judiciary and Ethics Committee. It is on a “fast track” and will likely be passed by the Ohio General Assembly before the end of this year.

The Ohio Child Support Directors Association (OCDA) drafted and is pushing for quick passage of HB 561 in order to address inconsistencies in current child support laws and to bring Ohio into full compliance with federal IV-D rules governing expedited administrative processes and applications for IV-D child support enforcement services. There are significant changes regarding the timeframes for appealing certain CSEA actions or recommendations, the scope of the state income tax intercept mechanism, the requirements for discharging an existing lien on a defaulting obligor’s property, the effective date on an administrative child support order, and the effective date of initial administrative child support orders. The bill is also likely to be amended to include language drafted by Mike Smalz of the Ohio Poverty Law Center (OPLC) giving courts and child support enforcement agencies (CSEAs) jurisdiction and authority to lower arrearage-only payments and income withholding after the termination of the current child support order. This article summarizes the major proposed changes.

1) Reduces from thirty to fourteen days after the issuance of a CSEA administrative order, decision or notice or receipt of notice the time period for:

objecting to an administrative order determining parentage, objecting to an administrative support order by bringing an action for the payment of support and provision for a child’s health care;
requesting a hearing on modification of child support by a CSEA;
requesting an administrative hearing following a CSEA investigation of a reason to terminate child support; and
moving for a judicial determination of a CSEA decision following investigation of a reason to terminate child support.

2) Increases from seven to fourteen days the time period for an obligor to request a mistake of fact hearing or a subsequent court hearing regarding a CSEA default determination or a CSEA determination regarding the availability of private health insurance at a reasonable cost.

3) Expands the State income tax intercept mechanism to include collection of overdue spousal support.

Current law allows CSEAs to work with the Tax Commissioner to collect overdue child support; the law will allow CSEAs to recover any overdue support, not just child support, through a state income tax intercept so long as the case is a IV-D case. (This change will affect cases involving both child support and spousal support orders, but should not affect spousal support-only cases.)

4) Eliminates the automatic requirement that CSEAs discharge a lien against a delinquent support obligor upon the issuance of a new income withholding or a deduction notice or a new support order.

CSEAs would have discretion to decide whether or not to file a notice requesting that the county recorder discharge the lien on an obligor’s real or personal property in cases where a new income withholding notice or support order has been issued to collect accrued arrears.

5) When the CSEA issues an initial administrative child support order, the order will become effective on the date of the administrative hearing.

Therefore, if the obligor or obligee appeals the administrative child support order to the juvenile court and the administrative order is upheld, the order will be in effect retroactive to the date of the CSEA’s administrative hearing.

6) Gives the court discretion to reduce arrearage-only payments and income withholding below the amount ordered to be paid and withheld to pay both current child and arrears under the child support order that was in effect during the child’s minority.

This change should benefit low income obligors who experience a drastic decline in income sometime after the termination of their current child support obligation and before the liquidation of the entire arrearage. For example, if the child turns 18, thereby terminating the current child support obligation, and the obligor later becomes disabled and his only income is SSD benefits, he could ask the court or CSEA to lower his arrearage-only payments because of his drastically changes circumstances. By contrast, under current law the obligor would be required to continue to pay the same amount, regardless of any change in circumstances or personal hardship, until the entire arrearage was paid off.

The ODJFS Child Support Guidelines Council voted to recommend the last change as an amendment to HB 561. Although that provision is not currently in the bill, the OCDA plans to incorporate that amendment into HB 561 before it is passed by the General Assembly during the lame duck session. The proposed language is:

3121.36 Authority to collect arrearage after termination of order.

The termination of a court support order or administrative child support order does not abate the power of any court or child support enforcement agency to collect any overdue and unpaid support or arrearage owed under the terminated support order or the power of the court to punish any person for a failure to comply with, or to pay any support as ordered in, the terminated support order. The termination does not abate the authority of the court or agency to issue any notice described in section 3121.03 of the Revised Code or to issue any applicable order as described in division (C) or (D) of 3121.03 of the Revised Code to collect any overdue and unpaid support or arrearage owed under the terminated support order. If a notice is issued pursuant to 3121.03 of the Revised Code to collect the overdue and unpaid support or arrearage, the amount withheld or deducted from the obligor’s personal earnings, income, or accounts shall be REBUTTABLY PRESUMED TO BE at least equal to the amount that was withheld or deducted under the terminated child support order. A COURT OR CHILD SUPPORT ADMINISTRATIVE AGENCY ADMINISTERING THE CHILD SUPPORT ORDER MAY CONSIDER EVIDENCE OF HOUSEHOLD EXPENDITUTES, INCOME VARIABLES, EXTRAORDINARY HEALTH CARE ISSUES, AND OTHER REASONS FOR DEVIATION FROM THE PRESUMED AMOUNT.

Effective Date: 03-22-2001

3123.14 Collecting arrearage where order is terminated.

If a child support order is terminated for any reason, the obligor under the child support order is or was at any time in default under the support order and, after the termination of the order, the obligor owes an arrearage under the order, the obligee may make application to the child support enforcement agency that administered the child support order prior to its termination or had authority to administer the child support order to maintain any action or proceeding on behalf of the obligee to obtain a judgment, execution of a judgment through any available procedure, an order, or other relief. If a withholding or deduction notice is issued pursuant to section 3121.03 of the Revised Code to collect an arrearage, the amount withheld or deducted from the obligor’s personal earnings, income, or accounts shall be REBUTTABLY PRESUMED TO BE at least equal to the amount that was withheld or deducted under the terminated child support order. A COURT OR CHILD SUPPORT ENFORCEMENT AGENCY ADMINISTERING THE CHILD SUPPORT ORDER MAY CONSIDER EVIDENCE OF HOUSEHOLD EXPENDITURES, INCOME VARIABLES, EXTRAORDINARY HEALTH CARE ISSUES, AND OTHER REASONS FOR DEVIATION FROM THE PRESUMED AMOUNT.

Effective Date: 03-22-2001

The Ohio Poverty Law Center will monitor the progress of HB 561 and, in particular, the proposed arrearage-only payment amendment. If anyone has any questions about HB 561, they should contact Mike Smalz at the Ohio Poverty Law Center, at msmalz@ohiopovertylaw.org.

OPLC SUBMITE COMMENTS ON OHIO DEPT OF EDUCATION’S PROPOSED POLICY & RULE ON RESTRAINT AND SECLUSION AND POSITIVE BEHAVIOR INTERVENTIONS AND SUPPORTS

Tue, 30 Oct 2012 14:05:00 GMT

The Ohio Poverty Law Center and Legal Aid of Western Ohio recently submitted joint comments to the Ohio Department of Education on the Department’s proposed policy and rule on implementation of positive behavior interventions and supports and restrictions on restraint and seclusion in Ohio schools. Among other things, OPLC and LAWO call for a complete prohibition on the use of seclusion in schools and the use of “transitional holds,” and the creation of separate policies on the use of positive behavior interventions and supports and restraint & seclusion.

Final COmments on ODE RD and PBIS Policy & Rule

OHIO WEIGHS FUTURE EXPANSION OF MEDICAID

Tue, 16 Oct 2012 15:02:00 GMT

OPLC Director Gene King Quoted in Blade Article on Medicaid Expansion,

“Medicaid is a vital program to keep low-income Ohioans healthy. I hope the state will take the opportunity to expand the program as broadly as allowed by federal law,” said Eugene King, director of the Ohio Poverty Law Center in Columbus, a low-income advocacy group, in a telephone interview Monday. “We have a huge number of uninsured Ohioans who should have insurance to live healthier, more productive lives. Every person who is uninsured shifts costs to the rest of the population.”

John B. McCarthy, State Medicaid Director, talks about a new benefit option for Ohio Medicaid enrollees with serious and persistent mental illness at the Zepf Center.

Even though it’s not yet clear if Ohio’s Medicaid program will expand in 2014, officials are examining what could be involved in bringing an additional million Ohioans onto the rolls of the program that provides health care for low-income Americans.

Link to entire article

CHRISTIAN SCIENCE MONITOR ARTICLE ON OHIO PUSHING WELFARE RECIPIENTS OUT OF THE SYSTEM

Tue, 16 Oct 2012 14:10:00 GMT

Ohio is one of three states still scrambling to meet the requirements of a federal law that requires states to get at least half of adults currently on welfare into work – or face $135 million in penalties.

Link to the entire article.

DOWN THE RABBIT HOLE WITH PAYDAY LENDING

Mon, 15 Oct 2012 17:03:00 GMT

Those of you who read this blog have probably figured out that the continued existence of payday lending in the State of Ohio, despite legislative reforms in 2008, is a real sore point for me, and many other consumer advocates around the state. I have likened the various iterations of payday loans to Hydra, the mythical beast that grew two heads in place of every one that was cut off, making it almost impossible to kill. In Ohio, payday lenders are now pawn brokers, check cashers, mortgage loan lenders, small loan lenders, precious metal dealers, and credit services organizations. At least two companies are offering auto title loans – something that is strictly prohibited by the Short Term Loan Act – that Act under which not one lender is licensed. And if borrowers do not want to walk to a store front, one google of “payday” reaps hundreds of internet options – each claiming to be better and faster than the rest. This ever changing domain of lending is tough for states to get a handle on.

The federal Consumer Financial Protection Bureau (CFPB) began gathering information about the payday industry in January 2012 with a field hearing in Birmingham Alabama. In a countermove, the industry is pushing for federal legislation, HR 6139, known as the Consumer Credit Access, Innovation, and Modernization Act. This bill “[D]irects the Comptroller of the Currency to charter qualified nondepository creditors known as National Consumer Credit Corporations (Credit Corporations) to offer financial products or services.” . In short, this bill gives payday lenders a pass on CFPB authority, and an end run around state licensing and consumer protection laws. On July 24, 2012 a Deputy Comptroller for Compliance Policy from the Office of the Comptroller of Currency (OCC) testified before the Senate subcommittee hearing the bill , concluding: “…HR 6139 raises serious consumer protection, compliance, and safety and soundness issues by creating a new federal charter for companies concentrating on products and services most prone to abuse and that are most often targeted to minority populations, low-income neighborhoods, and communities with high concentrations of our military service members.” On October 5, 2012 41 state Attorneys General, including Mike DeWine, sent a letter to House and Senate leaders asking them to oppose HR 6139.

It is good we have advocates on the national front opposing this legislation, as well as other industry attempts to expand their scope and reach. For example, see the letter to the OCC urging the Comptroller to stop Urban Trust Bank from partnering with a payday lender and a pre-paid card issuer in order to evade state usury laws and make payday loans on prepaid cards.

Study after study confirms that a significant percentage of payday loan borrowers are borrowing because their expenses consistently exceed their incomes, a situation ripe for abuse. These high cost, short term loans are going to be on the market for the foreseeable future. Currently there seems to be no political will in Ohio to revisit this lending market. Nevertheless, we all need to be vigilant, and keep hacking away at the heads of the beast when we have opportunities to do so.

TOLEDO BLADE EDITORIAL ON DECLINING WELFARE ROLLS IN OHIO

Mon, 01 Oct 2012 14:12:00 GMT

THE number of adults and children who get aid through the Ohio Works First program dropped in July to 151,495 — a dramatic decline of roughly one-third in less than two years. Normally, Ohioans would applaud that trend as a welcome sign of a recovering economy.

Link to full editorial.

INVASION OF THE BODY ATTACHMENTS – NO WAIT – THEY ARE ALREADY HERE

Mon, 27 Aug 2012 11:57:00 GMT

I do not normally read the electronic version of the weekly ABA Journal, which shows up in my email periodically. But the August 24 addition caught my eye because I am a payday lending news junkie, and the teaser sucked me in with: “Payday Lenders Using Courts to Create Modern-Day Debtors’ Prisons in Missouri, Critics Say.” Apparently, Missouri payday lenders with judgments are summoning debtors to court for an examination, then requesting a “body attachment” when the debtor fails to appear. The Journal includes this quote from an article in the St. Louis Post-Dispatch:

“Debtors are sometimes summoned to court repeatedly, increasing chances that they’ll miss a date and be arrested. Critics note that judges often set the debtor’s release bond at the amount of the debt and turn the bond money over to the creditor—essentially turning publicly financed police and court employees into private debt collectors for predatory lenders.”

Ohio law includes at least two options for incarcerating debtors for civil debts. Revised Code Chapter 2331: EXECUTION AGAINST THE PERSON, on the books essentially unchanged since 1953, directs how to “arrest such debtor and commit him to the jail of the county until he pays the judgment, or is discharged according to law.” Chapter 2333: PROCEEDINGS IN AID OF EXECUTION contains the procedures for judgment debtors’ exams, and allows for body attachments if the judgment debtor fails to appear. Again, these provisions remain virtually unchanged since their enactment in 1953.

I hesitate to point out the existence of these laws because those of us who defend debt collection cases know that all varieties of debt collectors in Ohio have become much more aggressive in their collection efforts, recording judgment liens and threatening foreclosure, or executing against families’ cars with value above the exemption amount for a motor vehicle. While I am sure creditors’ attorneys are well aware of the collection tools available in Ohio, I do not want to shine a spotlight on these particularly reprehensible options.

Of course, technically the Missouri civil debtors, and Ohio debtors, are not arrested for failing to pay their debts – they are arrested for failing to appear when summoned. The ACLU already exposed this trap for criminal defendants in its 2010 report: “In For a Penny: The Rise of America’s New Debtors’ Prisons” , which chose Ohio as one of five states in which to highlight abuses.

Occasionally legal aid attorneys find themselves on the opposite side of the fence, attempting to collect a debt from a recalcitrant or elusive judgment debtor instead of defending against a judgment. I understand the frustration of struggling to collect a judgment, but really – body attachments? A lot has changed since 1953. Ohio updated RC 2329.66 Exempted interests and rights in 2008. Isn’t it time that Ohio exempted debtors’ bodies from the options for garnishment and attachment?

HOW NOT TO TALK ABOUT POVERTY

Tue, 07 Aug 2012 13:19:00 GMT

HOW WE SHOULD CHANGE OUR MESSAGE AND LANGUAGE TO BUILD A MOVEMENT TO END POVERTY

WRITTEN BY MELISSA SALAMON, GUEST BLOGGER, OPLC SUMMER INTERN, AND 2L AT THE OHIO STATE UNIVERSITY MORITZ COLLEGE OF LAW

Our society continues to project an aura of negativity around the term poverty, but advocates are working hard to change the framework conceptualizing poverty in an attempt to make it a more approachable subject. To garner more support in the effort to end poverty, there is a consensus that we must change the way the public views it. There are a many tactics both organizations and individuals can engage in to improve the portrayal of poverty and its interpretation by the general public. First, we must examine what does not work, remove it from our approach, and replace it with what does work.

WHAT DOESN’T WORK

A number of methods have been determined to be unsuccessful in talking about poverty. While some of these methods might sound appealing, they fail to address the causes of poverty or to propose solutions. Experts have found that addressing poverty without a framework or organizing principle which might allow it to be seen as workable or approachable is ineffective. When no framing is presented with the concept people look to their own, often negative, ideas about poverty which prevents them from seeing the true issues or supporting changes that could improve the situation.

When framework is included, it is often focused on the individual case rather than the systemic causes of poverty. This creates a sense of compassion or sympathy for the individual, but can also allow people to see the case as an exception.

Even when poverty is presented in a collective manner the concept of othering or an us/them mentality becomes an issue. The ‘War on Poverty’ terminology perpetuates othering by portraying poverty as something to fight, something that has causes outside of our society. Poverty should not be presented in a manner that invites sympathy or as a crisis that needs to be attacked.

Another method that is often used, but should be avoided, is the overreliance on data . The use of bold statistics is not recommended because it can sometimes make the situation worse. Any language that categorizes people as poor perpetuates the “othering” mentality . Stereotypes and overgeneralizations should be avoided as well as the “deserving” and “undeserving” poor dichotomy. Even making a statement about the “deserving poor” creates/validates the idea that there are “undeserving poor” and should be avoided.

Current speech surrounding poverty fails to appeal to common values in society. When creating discourse about poverty we should try to promote the idea that poverty is not an us/them issue, but a we issue . Poverty affects everyone. Economic hardship does not begin at the poverty line, but affects people from a spectrum of income levels . When talking about poverty there should be no separation of them from us; instead, we should find common uniting factors that appeal to all. Look to core beliefs and use dominant frames to positively address the issue.

SO, HOW SHOULD WE TALK ABOUT POVERTY?

When framing poverty, try to tell a big picture story. Look to the macroeconomic causes of poverty, including unemployment and the economy, rather than the individual case or means-tested benefits issues. When talking about the War on Poverty from the 1960s, look further back to the increased unionization and the public infrastructure projects that helped decrease poverty rather than focusing on welfare.

Define the terms being used so that the concept being portrayed is not clouded by varying definitions . Use respectful, progressive, effective language. Use inclusive terms that foster the “we” concept.

Talk about the circumstances that cause behaviors rather than specific instances. Focus on solutions. Make the concept manageable and help people understand what they can do. Appeal to shared values. By making these small changes in the discourse about poverty, it may be possible to decrease the stigma surrounding it and create a common goal to eliminate poverty.

Other resources to check out:

Writing and Talking About Poverty, Dr. John McKendrick, Institute for Society and Social Justice Research, Briefing Paper 26, The Scottish Government .

Talking about Poverty in a Jobs and Economic Framework, Shawn Fremstad, September 2011, Center for Economic and Policy Research .

Morgan sums up the variant view well

SCHOOL DISCIPLINE IS A COMMUNITY ISSUE: WHY PEOPLE WHOSE KIDS ARE GROWN OR WHO DON’T HAVE KIDS SHOULD CARE ABOUT WHAT’S HAPPENING IN OUR SCHOOLS

Fri, 03 Aug 2012 11:33:00 GMT

Where did we ever get the crazy idea that in order to make children do better, first we have to make them feel worse? Think of the last time you felt humiliated or treated unfairly. Did you feel like cooperating or doing better?”
Jane Nelson

Children “should be fully prepared to live an individual life in society, and brought up in the spirit of the ideals proclaimed in the Charter of the United Nations, and in particular the spirit of peace, dignity, tolerance, freedom, equality and solidarity.” Convention on the Rights of the Child, Preamble

Public schools rely too heavily on exclusion – suspension and expulsion – as their primary discipline practice. When a child or young person misbehaves or breaks a rule, “discipline” in most schools means removal of the child from school, sometimes for one day, sometimes for a year or more. In almost every situation in which a child is removed from school, this is an illogical, counterproductive tactic. In some situations, it is dangerous.

Children who want to avoid schoolwork, a particular teacher, a classmate, or school in general learn quickly what to do to achieve being removed from the setting they seek to avoid. Children who have been repeatedly removed from school fall further behind the more they are removed from their classrooms. Children who are behind have more and more trouble catching up the more frequently they are gone. Children who are behind and not engaged in the classroom do not learn. Children who are not learning get bored and act up. And so on.

Children who live in high-poverty, high-crime areas are susceptible to becoming both victims and perpetrators of crime when left outside of adult supervision all day while they are not in school. Many, many parents in low-income families work multiple jobs to try to get by, lack access to child care, and cannot stay home and supervise their children when they are suspended from school.

It is not surprising, therefore, that a history of prior suspensions causes young people to drop out of school. And that far too many young people who are pushed out of school end up in our juvenile and criminal justice systems.

This affects all of us. Crime committed by and against young people affects our communities, both on a large and small scale. The young people who tag my garage and break into my neighbors’ homes in my central city neighborhood have almost certainly been failed by the public school system. And it doesn’t just affect those of us who live in urban areas, where concentrated poverty and crime, and failing schools, are endemic. Kids are pushed out of school in suburban and rural schools, too. Data shows that kids who are repeatedly suspended from suburban and rural schools are at higher risk of dropping out, too. And people who live in suburban and rural communities pay the price when kids from their own small communities, as well as the urban communities in their state, are not in school.

Because they’ve been failed by their schools, young people who are not in school are more likely to become unemployed adults. They are more likely to become recipients of public benefits like food stamps and TANF. Young people who are not in school do not disappear. They simply lose access to almost every legitimate means of earning a living and supporting themselves and their families. In short, schools’ failure to provide students a high quality education and treat them with dignity fails not just them: it fails every person who lives and works in their community, their state, their nation.

Every person who lives in any community, therefore, has a personal interest in ensuring that every young person in that community is in school. Removing children from school to discipline them for wrongdoing treats them as disposable, as a nuisance that we have neither the patience nor the fortitude to address. Instead, all community members must take responsibility for ensuring that their schools teach children appropriate behavior, use discipline wisely, and exclude children from school rarely.

9 points top booming business people publish any other way

UNDERSTANDING PREPAID DEBIT CARDS – STARTING UP THE LEARNING CURVE

Wed, 01 Aug 2012 16:58:00 GMT

On July 25 the Ohio Poverty Law Center sponsored “Law and Economics of Poverty”, a training for legal aid attorneys in Ohio, at which many of us were introduced to prepaid debit cards as an alternative to conventional banking. Also referred to as general purpose reloadable prepaid cards (GPR prepaid cards), these cards are relatively new financial products that can offer some attractive features to a number of different consumer groups. Low income families or individuals using Ohio Direction cards for Supplemental Nutrition Assistance Program benefits, Eppicards for Ohio Works First benefits, and ReliaCards for unemployment compensation are already using reloadable prepaid cards, although these cards are not general purpose cards. As all who work regularly in public benefits know, the US Treasury is phasing out paper check payments and requiring all recipients of federal benefits to get their money electronically. The Treasury’s website, www.GoDirect.org , has a giant clock counting off the seconds until March 1, 2013. If recipients have not chosen a form of electronic payment by that date, they will receive their payments via the Direct Express Card – a prepaid debit card. As our client population moves into the age of electronic benefits and payments systems, we as advocates need to understand the benefits and pitfalls of these money-managing tools.

As is the case with many new financial products, GPR prepaid cards have been on the market for a number of years, but only recently have been the focus of potential regulatory attention. On March 14, 2012, David Rothstein, one of two presenters on prepaid cards at the July 25 training, testified before the Senate Committee on Banking, Housing, Urban Affairs Subcommittee on Financial Institutions and Consumer Protection regarding issues in the prepaid card market. On May 24, 2012, the Consumer Financial Protection Bureau (CFPB) issued an advance notice of proposed rulemaking, seeking input on GPR cards. The National Consumer Law Center (NCLC), joining with the Center for Responsible Lending and the Consumer Federation of America, submitted extensive comments and recommendations to the CFPB.

The use of prepaid cards is not evenly distributed across the population, and the largest numbers of prepaid card users are members of the vulnerable populations we serve: lower income, unbanked or those with less access to traditional banking facilities, recent immigrants, consumers in fragile economic situations, and younger, less educated and less experienced consumers. Rothstein’s testimony and NCLC’s comments focus on two main points: 1) make disclosures clear and meaningful; and 2) prohibit overdraft fees and credit features.

The issue of overdraft fees played out here in Ohio, with US Bank charging unemployment compensation recipients who opted in to overdraft protection a $17 overdraft charge for ATM or store-based transactions that exceeded balances on its ReliaCard Visas. As of Wednesday, July 18, 2012 US Bank withdrew that option, due to pressure from advocates and because of changes in federal regulations.

Public benefits advocates have kept a close and watchful eye on the costs and features of the benefits prepaid cards. But the universe of cards used by our client population is much bigger, and we all need to keep a watchful eye on these financial products as they continue to spread out into the marketplace.

through which she must help to purify

HOW STUDENT LOAN DEBT BURDENS THE POOR

Mon, 16 Jul 2012 16:49:00 GMT

The staggering statistics on student loan debt and the accompanying concern over increasing default rates have been making news for some time. According to the Federal Reserve, in the first quarter of 2012, student loan debt rose to $904 billion, an increase of $64 billion over 2011. During the year leading up to the end of March, all other forms of household debt fell a combined $383 billion. A July 1 compromise between Congress and President Obama maintains an interest rate of 3.4% on new federally subsidized Stafford Loans, at least for one more year, but this temporary measure comes at a cost to other programs and does nothing to address the mounting debt of those with outstanding loans.

While many of us who work in legal aid feel the burden of student loan debt, the reality for those in our client population who struggle to get an education as a way out of poverty is even worse. A recent community development research brief studying student loan debt and default released by the Federal Reserve Bank of San Francisco looked at trends in poverty status and institution type. Not surprisingly, the study found that the relative cost of post-secondary education was more burdensome for lower income households. A family living on $36,000 or less per year would have to pay more than 70% of its income to cover college costs, after accounting for grant aid. Wow! Again, not surprising, but low and moderate income student are over represented in for-profit schools, and the default rate for for-profit schools increased 36% from 2007 to 2009.

For-profit schools have been waging an intense lobbying and legal campaign to keep the river of federal dollars flowing into their coffers and escape accountability. Sadly, on June 30 the US District Court for the DC District struck down the US Department of Education’s rule – two years in the making- which proposed to implement the “gainful employment” requirements of Title IV of the Higher Education Act. The rule proposed debt-to-income ratios and debt repayment rates for graduates for schools to remain eligible to receive federal funding. The opinion explains Title IV and the history of the regulations. To give you an idea of the money driving these efforts, according to David Halpern who blogs for the Huffington Post, the for-profit college industry gets about $32 billion of its estimated $35 billion annual revenue from federal financial aid.

Another vulnerable population is veterans, which have also been targeted by for profit schools. At the end of June, 20 state Attorneys General, including Ohio, entered into a settlement agreement with the owner of the GIBill.com website. The states alleged that QuinStreet, Inc. violated the states’ consumer protection laws in the course of operating websites that generate leads primarily for the for-profit education industry. Part of the reason why military members are attractive to for-profit colleges is because their benefits don’t count toward the proprietary colleges’ cap on federal Department of Education funding. The law says for-profit colleges must get at least 10 percent of their funding from sources other than federal student loans or Pell Grants.

For an Ohio-specific snapshot, the Project on Student Debt reports that for the year 2010, 68% of Ohio’s college grads finish with an average student loan debt of $27,713. However, this figure does not include debt figures for for-profit schools. Neither does it include the debt figures for students who drop out, and for a variety of reasons, lower income students have higher dropout rates. People with student loan problems call legal aid when they are being subject to collection activities. Collection efforts can be extremely aggressive, and the defenses for defaulters are limited, although the information and resources for borrowers in default have improved. Notably, our friends at the National Consumer Law Center established http://www.studentloanborrowerassistance.org/ as a resource for borrowers and their advocates. Recently the Consumer Financial Protection Bureau published about 2,000 comments it received in response to its request for information regarding private student loans. This request for information is the CFPB’s first step in the investigation of this industry.

I have highlighted only a fraction of the recent news coverage and activities concerning the debt weight of student loans. It will continue to get attention as one of the many presidential campaign issues, but we need real relief for borrowers, and real reform that prevents industry abuse. Options for addressing the systemic problems on the state level are limited. Those of us who are interested need to join forces with our colleagues on the national scene to work for change.

For more information, check out NPR’s interview of Joseph Stiglizt, Nobel prize winning economist, about his latest book: The Price of Inequality: How Today’s Divided Society Endangers Our Futuree.

PIPP PLUS PROGRAM HAS ELIMINATED HALF BILLION DOLLARS IN LOW INCOME CUSTOMERS’ UTILITY ARREARS IN 2011

Mon, 09 Jul 2012 15:59:00 GMT

Good news for low-income Ohioans struggling to pay their utility bills: major changes to Ohio’s Percentage of Income Payment Plan (PIPP) program that went into effect in November 2010 have lowered costs for customers.

The new program, PIPP Plus, lowered combined gas and electric monthly PIPP payments from 15% of the PIPP customer’s income to 12% (6% gas and 6% electric). Moreover, if customers make their full monthly payment on time, they accrue no new utility arrears (for the difference between the PIPP payment and the actual bill charge), and one twenty-fourth of their existing electric or natural gas that is erased. If a customer makes 24 consecutive payments, in full and on time, the entire debt will be forgiven. Income eligibility remained at or under 150% of the federal poverty level for a household.

The Office of Consumers’ Counsel (OCC) has analyzed data for 2011, the first full year of PIPP Plus. The data is remarkably positive. On average, more than 72% of the payments made by customers enrolled in PIPP Plus during 2011 were submitted in full and on time. The utilities also reported that nearly $500 million in arrearage credits were awarded to PIPP Plus customers who were current with their payments.

The average monthly PIPP Plus payment was slightly under $54 in 2011. This averages to approximately $647 paid throughout the year towards electric and natural gas bills.

The PIPP Plus changes did not materialize overnight. Beginning in the late 1990s, legal aid advocates—including Noel Morgan (Legal Aid Society of Southwest Ohio), Ellis Jacobs (Advocates for Basic Legal Equality), Joe Meissner (Legal Aid Society of Cleveland), Mike Walters (Pro Seniors), and Mike Smalz and Joe Maskovyak (Ohio Poverty Law Center)—joined with OCC in pushing for lower monthly PIPP payments and a PIPP arrearage crediting program. Advocates won a partial victory with the passage of the first electric restructuring bill—Senate Bill 3—which eliminated pre-2000 PIPP electric debt for many elderly and disabled electric customers. Additional years of advocacy—converging with the desire of Ohio Department of Development staff to incentivize more consistent and timely monthly payments by PIPP customers (and fewer resulting service disconnections and reconnections)—culminated in the adoption of the PIPP Plus program rules in November 2010.

The PIPP Plus program has not eliminated all payment, disconnection and reconnection problems for low-income utility consumers in Ohio. PIPP Plus customers still have a higher energy burden (percentage of utility payments relative to income) than middle- and upper-class households. Moreover, the PUCO has taken steps to pressure utility companies, especially natural gas companies, to move more quickly to terminate service to customers who fall behind in their payments. PIPP Plus customers who miss two consecutive monthly PIPP payments can be terminated from PIPP and have their service disconnected. Nevertheless, the implementation of the PIPP Plus program—taken as a whole—was a huge victory for low-income utility advocates and should ultimately wipe out billions of dollars in low-income customer utility arrears.

NEW LEGISLATION WOULD EXTEND UNEMPLOYMENT COMPENSATION BENEFITS TO SOME PART-TIME OHIO WORKERS

Mon, 09 Jul 2012 10:43:00 GMT

HB 484, sponsored by Rep. Mike Duffey (R-Worthington), would create the so-called Shared Work Ohio program. Under the bill, if a Shared Work program is approved by the Ohio Department of Job and Family Services (ODJFS), employees whose hours are reduced instead of being laid off will maintain pension and health care benefits and would be eligible to receive 26 weeks of unemployment compensation benefits on a pro rata basis. Any unemployment compensation benefits paid to those part-time employees would be charged to the account of the participating employer.

This legislation would be a win–win for employers and employees. Employers could retain valuable employees by cutting their hours instead of terminating their employment, and thereby avoid expensive retraining and rehiring when business demand recovers. Employees would benefit because HB 484 would help some workers to keep their jobs during a severe economic downturn and they could receive unemployment benefits despite their part-time employment.

The Ohio House of Representatives passed HB 484 on May 24, 2012. The Senate Insurance, Commerce, and Labor Committee is now considering HB 484, and it may be given priority consideration when the General Assembly reconvenes this fall.

To urge Senate passage of this legislation, people should contact their state senators as well as the Senate Committee chairman, Senator Kevin Bacon, at (614) 466-8064.

Anyone who has questions concerning HB 484 should feel free to contact Michael Smalz of the Ohio Poverty Law Center at (614) 824-2502 or msmalz@ohiopovertylaw.org.

NEW OHIO HUMAN TRAFFICKING LAW

Mon, 09 Jul 2012 10:35:00 GMT

On June 27, 2012, Governor Kasich signed the new Ohio Human Trafficking Law, House Bill 262 (HB 262), after it was passed by the Ohio General Assembly in mid-June. It becomes law on September 26, 2012.

Human trafficking—i.e., trafficking of persons, usually undocumented immigrants and often minors, who are forced into prostitution or slave labor—is a serious and growing problem in Ohio and across the nation. In fact, Toledo, Ohio, has been identified as a major transportation hub for human trafficking victims. HB 262 provides additional remedies and services for all victims of human trafficking, but also contains provisions specifically protecting or helping minor victims of human trafficking.

Key provisions of the new law include:

Annual publication of statistical data on trafficking by the Ohio Attorney General (AG).
Development of training for peace officers by the AG and the Ohio Peace Officer Training Academy.
Development of posters providing information regarding National Human Trafficking Resource Center Hotline and other helpful information.
Authorizes awards of victim compensation monies from Reparations Fund to minor trafficking victims who are minors, despite otherwise disqualifying prior criminal convictions or delinquency adjudications
Creates the Victims of Human Trafficking Fund with money obtained from traffickers under forfeiture law to fund services for trafficking victims.
Creates a civil cause of action for trafficking victims.
Enhances criminal penalties for trafficking in persons and related obstruction of justice offenses.
Authorizes juvenile court diversion and expungement of prostitution-related delinquency offenses for trafficking victims who were minors at the time of their violations.
New juvenile court procedure for “expungement” of a conviction or delinquent-child adjudication for solicitation, loitering to engage in solicitation, or prostitution, resulting form that person’s having been a trafficking victim when s/he was a minor.
May apply at any time (no waiting period) for an order of expungement.

Anyone with questions about HB 262 should feel free to contact attorney Michael Smalz of the Ohio Poverty Law Center at (614)824-2502 or msmalz@ohiopovertylaw.org.

GOVERNOR KASICH SIGNS NEW COLLATERAL SANCTIONS LAW

Fri, 06 Jul 2012 17:10:00 GMT

On June 26, 2012, Governor Kasich signed Senate Bill 337 (SB 337), which removes, or creates mechanisms for removing, a wide range of so-called “collateral sanctions” against ex-offenders and prisoners who are reentering society. These collateral consequences create major barriers to prisoner reentry and encourage recidivism by ex-offenders by making it more difficult for ex-offenders to find a job, attain economic self-sufficiency, and/or gain a stable, productive life. SB 337 will limit or reduce many of those barriers. Other states have enacted or are considering similar legislation, but SB 337 is one of the most progressive and far-reaching collateral sanctions laws in the country.

SB 337 becomes law on September 25, 2012. However, some provisions will actually take effect 90 days after that date because the Ohio Department of Rehabilitation and Corrections must issue more detailed rules implementing the statutory provisions during that 90-day period.

Key provisions in the final version of SB 337 include:

Removal of occupational licensing prohibitions for certain occupations including optical dispensers, motor vehicle salvage-related jobs, construction workers, hearing aid dealers and fitters, private investigators, security guards, and cosmetologists.
Authorizing an ex-offender to apply to the Deputy Director of the Division of Parole and Community Services or the court of common pleas of the county in which the ex-offender resides for a “certificate of qualification for employment” (with an expedited process) for the purpose of removing employment barriers and restrictions in a wide range of occupations.
Immunity for employers from negligent hiring or retention claims
Expanded opportunities for sealing of criminal and juvenile delinquency records.
Various modifications to juvenile court procedures and its dispositions, including places of detention, sealing of juvenile records, case transfers, etc.
Driver’s license changes—discretionary instead of mandatory suspension; payment of reinstatement fees in installments; reduced penalties for driving under suspension or for violating the state financial responsibility law; and elimination of requirement for suspension of license of any person who is named in a motor vehicle accident report that alleges that the person was uninsured at the time of the accident and the person then fails to give to the Registrar proof of financial responsibility; etc.
Creates a rebuttable presumption against a court or CSEA imputing income to an incarcerated or institutionalized parent when calculating child support
Adds a new child support imputation of income factor (militating against imputing income) for the parent’s decreased earning capacity because of a felony conviction.
Permits a court or CSEA, when calculating child support, to disregard a parent’s additional income form overtime or additional employment when the additional income was generated primarily to support a new or additional family member, or under other appropriate circumstances.
Requires a court or CSEA to collect information about preexisting child support orders for other children of the same parents when calculating a child support order to ensure that the total of all orders for the children of both parents does not exceed the amount that would have been ordered in a single order.
Permits a court, pursuant to a request made in a contempt action, to grant limited driving privileges to a person whose driver’s license is suspended because the person is in default under a child support order.
Creates a rebuttable presumption against a court or CSEA imputing income to an incarcerated or institutionalized parent when calculating child support.
Revises the rebuttable presumption against imputing income to a parent who is receiving means-tested public assistance benefits to limit the presumption to a parent who is receiving “monetary income” from means-tested public assistance benefits (e.g., OWF, DA, SSI and means-tested VA benefits). This could mean that a parent’s receipt of Food Stamps would not trigger the presumption.

Although the last change might harm some low-income parents, the bill as a whole should greatly benefit many ex-offenders and/or low-income Ohioans.

Anyone with questions about SB 337 should feel free to contact attorney Michael Smalz of the Ohio Poverty Law Center at (614)824-2502 or msmalz@ohiopovertylaw.org.

ONE SMALL STEP TOWARD CONSUMER PROTECTION IN THE MIDTERM BUDGET REVIEW

Mon, 25 Jun 2012 14:53:00 GMT

Guaranteed Auto Protection (GAP) and Debt Cancellation Contracts (DCC) recently came to my attention through my involvement with the Ohio Attorney General’s CSPA Advisory Group. These products are sold as protection against coming up short on a consumer loan if something bad happens to the goods. GAP or a DCC is supposed to pay off some or all of a remaining loan balance on secured consumer goods in the event of a total loss or theft of the goods – most frequently motor vehicles – covering the gap between the insurance pay out and the balance due on an installment loan. My colleagues on the advisory group tell me that GAP is very commonly sold in conjunction with motor homes and other recreational vehicles – vehicles notorious for plummeting in value as soon as the buyer drives one off the dealer’s lot. RVs are not common purchases for low income consumers, but new or late model used cars are, and for many low income families, their car is their most valuable asset.

The interesting thing about GAP and DCCs, which I think is counter-intuitive, is that these products are not legally considered to be any kind of insurance, and therefore not regulated by the Ohio Department of Insurance. Like extended warranties, GAP and DCCs are potentially prime products for ripping off consumers. GAP had not really been addressed by Ohio law, except to be defined in the tax code, until some amendments to the Retail Installment Sales Act (RISA) made their way into the Midterm Budget.
RISA regulates most contracts in which buyers make payments over time on consumer goods. This statute will now include a definition of debt cancellation or debt suspension products, require disclosures about the purchase price and terms as part of the installment contract, and prohibit a seller from conditioning the extension of credit on the purchase of GAP or other debt suspension or debt cancellation products. If you want to check out the language, here is a link to the budget bill .

Note, however, that RISA was not amended to give consumers a specific remedy against sellers and dealers who violate these new provisions. Consumers will have to look to our recently amended Consumer Sales Practices Act for relief.

DÉJÀ VU ALL OVER AGAIN

Tue, 19 Jun 2012 15:35:00 GMT

Will OWF face the same fate as DMA?

Is Ohio setting up OWF for cuts in the next budget?

In 2003, enrollment in the state Disability Medical Assistance Program (DMA) was about 32,000 people. DMA was a state funded program that provided basic medical care for Ohioans who were disabled or dependent on prescription medications and had very low incomes, no more than $115 per month. This was also a crucial program for Ohioans because in addition to basic health care, it provided a means to obtain medical tests and documentation to support disabilities in the Aged Blind and Disabled (ABD) Medicaid application process. Through a series of funding cuts and enrollment freezes, the Ohio Department of Job and Family Services shrunk the DMA program to a few thousand people in 2008 and finally eliminated it altogether in 2009 because the enrolled population could not justify the cost of administration.

In 2012, Ohio is again shrinking a crucial benefits program. Ohio Works First (OWF), Ohio’s version of the federal Temporary Assistance for Needy Families program has lost 24% of its regular adult enrollees in the 12 months between June 2011 (217,203 adults) and May 2012 (164,221). This loss of adult enrollment can be attributed to a number of factors, including: time limits; sanctions; more aggressive enforcement of work requirements; aging out of dependent children; transportation; and a wide range of perceived and real barriers at the state and county agencies. Whatever the reasons, OWF is shrinking dramatically during an economic downturn in which record numbers of people are unemployed and child poverty is growing . OWF is shrinking dramatically in the midst of a now four year recession that should be triggering record expansions in the program. (Look to the Medicaid program in Ohio that serves much the same population. In the same time period, it has grown significantly.) OWF is now, or will soon be, a program primarily for children, despite the continuing needs of their parents. The impact on families of smaller assistance groups and reduced monthly benefits will be catastrophic.

Counties have experienced cuts to their administrative funds in the last two state budgets. These funding cuts make it harder for counties to meet the state and federal requirements that they provide services to help OWF recipients become self-sufficient. Lower OWF enrollment could be used to justify further cuts to the counties which will make it ever harder to serve their low-income residents? Lower OWF enrollments could also justify cuts in other programs such as food assistance and child care? Other low-income programs could also be targeted for cuts based on lower OWF numbers. Lower OWF numbers can define away the problem of poverty in Ohio.

Unlike DMA, Ohio will not eliminate the OWF program, but it is clear that it wants to shrink it, despite the growing levels of poverty and the desperate need for assistance. A smaller OWF program will be less helpful to low-income Ohioans and not help them to get out of poverty and become self-sufficient. The state is intentionally shrinking the safety net. Every month more Ohioans are losing that protection.

HUMAN SERVICES ISSUES IN HB 487, MIDTERM BUDGET REVIEW

Tue, 19 Jun 2012 11:16:00 GMT

Governor Kasich signed the Midterm Budget Review (MBR) on June 11. A number of human services issues got a lot of attention during the process, some good and some bad.

1. Post Sanction Reenrollment into OWF got more difficult

RC Section 5107.05 was amended to add stricter requirements to the reenrollment requirements for Ohio Works First (OWF) recipients who have been subject to sanctions. The changes include:

the situations in which a sanctioned recipient must enter into a new self-sufficiency contract to resume participation in OWF;
the completion of all components of the self-sufficiency contract rather than the willingness to come into full compliance; and,
in many cases the assistance group must also reapply for OWF in order to resume participation in OWF.

Based on legal aid experience across the state, most sanctions are triggered by a failure to meet the work requirements or other work readiness issues. This is often due to an absence of meaningful work, and/or transportation, child care, and scheduling issues that are a fact of life for low-income people. This appears to be another block in the wall of barriers that the state is creating to reduce its rolls in order to meet the federal work participation requirements. OWF enrollment has dropped 24% in the twelve month period ending in May 2012.

2. Medicaid Given Authority for Waivers

The MBR granted authority to the Medicaid Director at ODJFS to apply for any needed additional waivers and amendments to the state Medicaid plan to implement the proposed 1115 Medicaid waiver aimed at streamlining the Medicaid eligibility process. We support these proposals and believe that they will help more Ohioans to qualify for Medicaid more quickly. See the announcement from the Office of Health Transformations on the 1115 waiver.

3. Drug testing was out, then in, then back out, but it will be back

The bill did not include any provisions requiring drug testing of applicants or recipients for public benefits programs. An amendment was offered late in the Senate process, but that amendment was withdrawn within 24 hours in response to testimony by advocates that the Chair said raised questions that would require further consideration.

4. Nursing Homes lost a windfall

The MBR included a provision that would have rolled over $30 million in Medicaid funds from 2012 – 2013 for increased payments to nursing facilities. The Governor vetoed this provision, stating that, “No new data has been presented to justify those changes, demonstrate a need, or explain the rationale for this specific amount. . . The Nursing Facility Reimbursement Subcommittee of the Unified Long Term Services and Supports Advisory Work Group established in HB 153 is the appropriate venue for considering modifications to the nursing facility reimbursement formula.”

The Governor also vetoed $1.5 million for the Aging in Place Pilot Project aimed at funding home improvements to allow individuals to stay in their homes instead of moving to a nursing facility. The veto message stated that this program “. . . duplicates existing programs, however as nearly $18 million is currently spent annually on such efforts. . . “

NEW CIVIL RULE 65.1 WILL CHANGE DOMESTIC VIOLENCE PRACTICE

Tue, 12 Jun 2012 15:20:00 GMT

Ohio’s new Civil Rule 65.1 governing civil protection orders (CPO) for domestic violence victims will take effect on July 1, 2012. It reflects and incorporates nearly 2 years of work by the Supreme Court Advisory Committee on Domestic Violence and the Supreme Court Civil Rules Commission , including the participation of Mike Smalz of the Ohio Poverty Law Center, Alexandria Ruden of the Legal Aid Society of Cleveland , and Robin Bozian of Southeastern Ohio Legal Services .

The new rule 65.1 addresses a number of problems that have arisen under existing domestic violence laws and Civil Rule 53 governing magistrates’ proceedings, including:

gaps in protection for victims resulting from abusers’ filing of objections to magistrates’ orders, which trigger an automatic stay of the Full Hearing CPO;
lack of discovery requirements or standards protecting victims in CPO cases; and
conflicts between the language of the Supreme Court standard protection order forms and the literal requirements of existing Civil Rule 53 in magistrates’ proceedings as reflected in several Court of Appeals decisions.

The adoption of the new Civil Rule 65.1 will greatly impact CPO practices and procedures in Ohio because an estimated 80% of CPO cases are heard by magistrates.

Among the highlights of Civil Rule 65.1 are:

It governs all types of CPO cases, including domestic violence CPOs ( R. C. 3113.31 ), stalking/sexually oriented offense CPOs ( R. C. 2903. 214 ), and juvenile CPOs ( R. C. 2151.34 ).
It supersedes and replaces existing Civil Rule 53 in prescribing CPO procedures in cases that are referred to magistrates.
Initial service of the CPO petition, ex parte order, and all other documents shall be made upon the respondent in accordance with Civil Rules 4 through 4.6, thereby authorizing the use of residence or certified mail service upon the respondent if efforts to obtain personal service are unsuccessful.
Discovery may only be had by leave of court, and the court’s discovery order must set forth the time and place of discovery; the identities of the persons permitted to be present (at a deposition) shall include any victim advocate; and “such terms and conditions deemed by the court to be necessary to assure the safety of the Petitioner, including if applicable, maintaining the confidentiality of the Petitioner’s address.”
The magistrate may conduct the ex parte hearing and, upon the conclusion of the hearing, may grant or deny an ex parte CPO, and, unlike other magistrates’ orders, the ex parte CPO may not be appealed by filing a motion to set aside the order.
After the full hearing, the magistrate may grant or deny a full hearing CPO, and the judge may then adopt, deny, or modify the full hearing CPO provided there is no error of law or other defect evident on the face of the order.
The full hearing CPO becomes effective when signed by the judge and filed by the clerk, and it is a final, appealable order.
A party may file written objections to the court’s adoption, modification, or rejection of a full hearing CPO, but the filing of objections does not stay the execution of the order.
Instead of filing written objections, a party may appeal the order of the court concerning the issuance of a full hearing CPO to the court of appeals.
The filing of objections stays the running of the time for appeal until the filing of the court’s ruling on the objections.

The full text of new Civil Rule 65.1 can be accessed by clicking here . Once on the Final Rule Amendments page of the Ohio Supreme Court website, select “Ohio Rules of Appellate Procedure, Ohio Rules of Civil Procedure, Ohio Rules of Criminal Procedure, Ohio Rules of Juvenile Procedure, and Ohio Rules of Evidence” – the correct selection has an effective date of July 1, 2012 (this link and the instructions take you to the full document describing several amendments to Ohio rules of court; rule 65.1 begins on page 43).

We’ve also posted the text of the new Civil Rule 65.1 by itself on the Ohio Poverty Law Center website, here .

Any questions concerning the new Civil Rule 65.1 can be addressed to Mike Smalz of the Ohio Poverty Law Center at (614) 824-2502.

COMMENTARY: HOW POVERTY PUTS OUR DEMOCRACY AT STAKE

Thu, 07 Jun 2012 20:13:00 GMT

By: Sarah Biehl, Staff Attorney

The concentrations of power and wealth that we are seeing at the top and the sense of political exclusion and impossibility that we are seeing at the bottom threaten a new order that would hard to characterize as the animating ideal of our country. At the end of the day, our democracy is at stake.

– Peter Edelman

Today I read one of the best, most poignant blog posts I’ve ever read about poverty in the United States. In it, Peter Edelman, a law professor at Georgetown University, both promotes his new book, So Rich, So Poor: Why It’s So Hard to End Poverty in the United States , and summarizes some of his book’s main points. I am definitely going to go out and get this book. But, even if you don’t want to read the book, read the blog post. In it, Professor Edelman explains very succinctly why the drive to further limit public benefits (welfare, food stamps, Medicaid, etc.) available to poor families is bad policy and harms our country.

Read it here: How Poverty Puts Our Democracy at Stake | ACS . And, once you’ve read, please feel free to post comments and thoughts below. We’d love to hear what you think.

DAY 23: POETIC JUSTICE

Tue, 05 Jun 2012 14:09:00 GMT

A great story of community partners working together to help immigrants!

DRUG TESTING PUBLIC BENEFITS RECIPIENTS IS AN ASSAULT ON THE POOR

Fri, 25 May 2012 10:22:00 GMT

The Ohio General Assembly recently proposed and later withdrew an amendment to the Midbiennium Budget Review, House Bill 487, requiring that all new applicants for Ohio Works First (OWF) for whom there is “reasonable cause to suspect . . . chemical dependence”, be tested, at their own expense, for illegal drug use. If such drug use was found, or if the individual did not cooperate, their OWF benefits could be cut or they could be required to have their benefits paid to a non-relative “protective payee” who would manage the OWF benefits for the entire assistance group. If the test did not find illegal drugs, the agency would reimburse the applicant for the cost of the test.

There is also an even stricter bill still pending in the Ohio Senate. Senate Bill 69 requires all applicants eighteen years of age or older for all need-based benefits (cash, food, medical, housing, or energy), but not Unemployment Compensation, to undergo a drug test, also at their own expense, to determine whether the applicant has a controlled substance abuse problem. Refusal to undergo a drug test will make the individual ineligible for benefits and preclude them from applying for the program again for at least 30 days.

Costs of the tests have been estimated to be between $15 and $60. Even the lower cost estimate would present a barrier for many Ohioans applying for assistance.

The Columbus Dispatch reported on May 18 that “Gov. John Kasich affirmed his support yesterday for a pilot program to drug-test some Ohio welfare recipients before they receive benefits, countering objections from critics that such a move would be discriminatory and punitive.”

Similar bills have been introduced in other states across the country. In Florida, early results from the state’s law requiring public benefits applicants to take a drug test have shown NO savings . And the Southern Center for Human Rights is already threatening to file a lawsuit to stop the program, which, of course, costs money to defend.

Studies in other states have also found that the percentage of public benefits recipients who abuse drugs is about the same as in the general population. Use of illegal drugs is a problem, but it is not a problem limited to, or concentrated in, the low-income community, so we should not be targeting low-income public benefits applicants for greater scrutiny.

It would be much better for Ohio to recognize substance abuse as a health issue and expand the availability of confidential drug treatment programs so that every Ohioan who needs assistance, regardless of where they live, could get that assistance without risk to their public benefits or other services.

OPLC is concerned about these proposals because they create a de facto application fee for OWF in Ohio that will act as a barrier to obtaining benefits, violate individual privacy rights, disproportionately affect people with disabilities, utilize unqualified County Department of Job and Family Services staff to conduct assessments, jeopardize family stability, and perpetuate the stereotype that all or most welfare recipients are drug users.

Because we expects this issue to surface again in future legislation, OPLC attorneys and summer interns will be researching legal challenges and social implications of drug testing bills. We are especially interested in the legal, constitutional, and privacy issues and the significance of creating an application fee for OWF in Ohio. We will share our research and findings over the summer.

COLLATERAL SANCTIONS BILLS WILL HELP OHIOANS GET BACK ON THEIR FEET

Wed, 16 May 2012 11:59:00 GMT

“You want to give people a chance and help them get their lives back”

– John Kasich, Governor of Ohio

Many advocates for the poor know what “collateral sanctions” are and how they impact our low-income client population, but many members of the general public might not realize what they are or how harmful they can be. The American Bar Association defines “collateral sanctions” as: “a legal penalty, disability or disadvantage, however denominated, that is imposed on a person automatically upon that person’s conviction for a felony, misdemeanor or other offense, even if it is not included in the sentence.”

In Ohio, this can mean everything from laws that prevent people who have been convicted of very serious violent crimes from working in fields where their criminal histories may put others at risk (for example, preventing people with child rape convictions from working with children) to rules and regulations preventing anyone with any kind of criminal conviction from working in various licensed fields (preventing, for example, someone with a 20 year old drug conviction from working as a hair stylist). More information about how this impacts Ohioans is here . For a complete list of the collateral sanctions Ohioans are subject to, the Office of the Ohio Public Defender maintains an online database of collateral sanctions, which can be accessed here .

Pending Collateral Sanctions Bills

Two identical collateral sanctions bills – House Bill 524 and Senate Bill 337 – have been introduced in the Ohio General Assembly. These bills are pending in the House Judiciary and Ethics Committee and the Senate Judiciary Committee, respectively. The legislation seeks to remove various barriers that ex-offenders face to obtaining employment and economic self-sufficiency. See the Legislative Services Commission analysis of each bill here and here . For more perspective on these bills, read the Ohio Justice and Policy Center ‘s testimony in support of HB 524 here , and for news coverage, click here and here .

Why Is This Important For Poverty Law Advocates and The People They Serve?

Passage of this legislation will benefit Ohioans with prior criminal records by giving them greater freedom to work and benefit the Ohio economy. One in six Ohioans have criminal records, and this legislation will allow to become productive, tax-paying workers.

Here are some things these proposed bills would do that are particularly relevant to poverty law advocates:

Remove employment barriers by reducing the number of disqualifying criminal offenses for eight occupations ranging from cosmetology to construction contractor and providing a legal mechanism for ex-offenders to seek relief from disqualifications resulting from other criminal convictions by requesting and Order of Limited Relief.
Encourage employers to hire ex-offenders by protecting employers who hire people with Orders of Limited Relief from negligent-hiring liability.
Increase judges ’discretion not to suspend drivers licenses in various non-driving cases and authorizes a court to award limited occupational driving privileges to a child support obligor whose driver’s license is suspended for nonpayment of child support.
Create a rebuttable presumption against imputing income for child support purposes to a parent who is incarcerated or institutionalized for a period of 12 months or more with no other available assets.
Establish a rebuttable presumption, in criminal cases, that a person is indigent in connection with the payment of a court fine, cost, or a fee if the person has an income that is equal to or less than the federal income poverty level.
Expand the scope and number of offenses for which an ex-offender may seek to seal his record “not more than one felony conviction and not more than one misdemeanor conviction in this state [Ohio] or any other jurisdiction.”
Modify the procedures for sealing juvenile records.

We hope you will join OPLC in supporting HB 524 and SB 337.

COMMENTARY: CREDIT REPORTING AND DEBT COLLECTION: HUGE PITFALLS FOR CONSUMERS

Wed, 09 May 2012 15:14:00 GMT

By: Linda Cook, Senior Attorney, Ohio Poverty Law Center

"Credit reporting agencies . . . need to be much more transparent, accountable and accessible for consumers.”

This week, the Columbus Dispatch ran a four-part series titled “Credit Scars,” exposing problems and telling the stories of consumers who have been harmed as a result of problems in the credit reporting industry . Gene King and I talked to Jill Riepenhoff, one of the investigative reporters, last fall when she was starting her investigation. We were glad to see Jill and her colleague take the story and run with it. Each piece of the investigative report emphasizes different aspects of the credit reporting industry and highlights the consumer nightmares that happen when things go wrong. To me, this stuff is scarier than the horror films I avoid because once I see them, I cannot get the horrific images out of my brain. It is scary because credit reporting agencies are poorly understood, barely regulated agencies lurking in the background of our lives, exercising influence over our economic health and wellbeing, using personal and private information in ways we as ordinary consumers have little or no control over.

Credit reporting agencies actually can have a positive function in the economy for both consumers and businesses. However, they need to be much more transparent, accountable and accessible for consumers. The system for correcting errors must be more user-friendly. In many ways, these agencies are set up like mortgage servicers – most of their resources are dedicated to collecting and reporting credit information to businesses, and very few of their resources are reserved for addressing consumer issues. So, the more problems are exposed, the better for all of us. As Justice Louis Brandeis said: “Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants . . . .”

Exposing problems with the credit reporting industry also exposes problems with its sister industry, debt collection. Parking ticket judgments on consumer credit reports is a highly effective collection tool, and has spawned an entire dubious for-profit industry dedicated to cleaning up credit reports and improving credit scores. All of these industries are in need of some strong disinfectant.

The Dispatch investigative series is one ray of sunshine; another is the attention that the Consumer Financial Protection Bureau is beginning to focus on the credit reporting and debt collection industries. The Bureau’s first step was to issue a proposed regulation defining “larger participants” in certain consumer financial product and service markets. The consumer reporting and debt collection markets fall into this category. Only larger market participants will fall under the supervisory authority of the CFPB, so the definition is a critical first step toward greater accountability and better protection for consumers.

COMMENTARY: COMBATING NEGATIVE PORTRAYALS OF “WELFARE” RECIPIENTS IN THE MEDIA

Fri, 27 Apr 2012 12:12:00 GMT

By: Sarah Biehl, Staff Attorney, Ohio Poverty Law Center

“Human kindness has never weakened the stamina or softened the fiber of a free people. A nation does not have to be cruel to be tough.”

– Franklin Delano Roosevelt, 32nd President of the United States

Most of us here at OPLC have been frustrated at many points over the past few years by the renewal of what I call “the war on poor people.” As poverty law advocates, this is something we fight against constantly – from opposing counsel who view our clients as insignificant, scummy, or otherwise useless human beings they can simply stomp all over, to policymakers and ideologues in the media who seek to demonize people simply because they happen to be poor. But it seems like it has gotten worse over the past few years, since the start of the economic recession and its aftermath.

Examples of the demonization of the poor, and the programs that help Americans make ends meet are here . Sigh.

There are probably lots of reasons that Americans are attracted to the idea that poor people have made bad choices, or done something wrong or evil. We need to believe that people in bad situations did something bad to put themselves there; otherwise, it could happen to any one of us, right? And our collective focus on and respect for hard work, individual responsibility, and family autonomy is strong. What seems to have been lost, however, is an acknowledgment of our collective vulnerability to bad luck, a struggling economy, and/or the inequity of access to education, resources, and jobs. We’re all really only one medical emergency away from bankruptcy. Poverty. Economic hardship. It really doesn’t matter what you call it.

This is why OPLC has been working to help found, design, and promote OhioSPEAKS , a project of Advocates for Ohio’s Future. Advocates for Ohio’s Future is a statewide coalition of poverty groups and advocates who work together to advance the causes of Ohio’s marginalized, poor, and struggling families. OPLC is a member of Advocates for Ohio’s Future, of course. The idea behind OhioSPEAKS is that we need a place to collect stories that tell the REAL story of what’s happening in Ohio – of how Ohio families are using public benefits like food stamps to stabilize their families, provide nutrition and resources to help their children grow up healthy, and create the best possible future for themselves. It sounds idealistic, and it is: we are actively trying to combat negative commentary about poor people with real stories, told by real people, not pundits, of what “welfare” actually does.

Fight negative perceptions, myths, falsities, and opinions with truth. Don’t just advocate for and speak out on behalf of people in poverty in Ohio – provide a platform so that they can speak for themselves. Share their stories and promote the good deeds that our “welfare” programs do every day. This is the power of OhioSPEAKS and of the people who live, work, and struggle every day in Ohio.

I hope you’ll join our fight against the war on poor people and check out OhioSPEAKS

LEGAL AID COMMENTS ON PAYDAY LENDING

Mon, 23 Apr 2012 14:15:00 GMT

OPLC and representatives of each legal aid organization in Ohio submitted comments to the Consumer Financial Protection Bureau in response to the Bureau’s request for additional information about payday lending activities nationally.

The Ohio legal aid community’s comments to the Consumer Financial Protection Bureau were focused on Ohio’s failure to prevent payday lending, despite bipartisan legislation and a successful ballot initiative that were designed to prevent the practices in Ohio.

Click here to read the full text of legal aid’s comments to the CFPB.

OHIO LEGAL AID ATTORNEYS SUBMIT COMMENTS ON PAYDAY LENDING TO FEDERAL AGENCY

Mon, 23 Apr 2012 11:40:00 GMT

In response to the Consumer Financial Protection Bureau ‘s recent request for comments on payday lending , Ohio legal aid advocates, led by OPLC attorney Linda Cook, recently teamed up to write and submit comments on the state of payday lending in Ohio.

Ohio advocates’ comments focused on Ohio’s failure to prevent payday lending, despite bipartisan legislation and a successful ballot initiative that were designed to prevent the practices in Ohio.

According to the legal aid group:

“Despite legislation and ratification by Ohio citizens, payday lending remains alive and well in Ohio. No lender holds a license under the Short Term Loan Act. Lenders engaging in the business of short term, small dollar loans have instead sought licensing under other provisions of the Ohio Revised Code that were on the books prior to the now-repealed 1995 legislation that opened the door to payday lending in Ohio.”

The group’s comments cite a recent report by Policy Matters Ohio , which found that “payday loans are similar to, if not worse than, before the legislative changes from 2008, because lenders are not operating under the new law. Stores are still selling high-cost, short-term, two-week loans.”

The legal aid advocates explain in their comments that Ohio’s experience with trying, and failing, to eliminate payday lending illustrates “the pervasiveness of both storefront and internet payday lending, and the entry of conventional banking into the short term, small dollar loan market….”

Click here to read a PDF copy of the legal aid advocates’ comments on payday lending .

TESTIMONY ON HB 462 – EDUCATIONAL STABILITY OF FOSTER KIDS IN OHIO

Fri, 20 Apr 2012 18:02:00 GMT

OPLC attorney Sarah Biehl presented the below testimony in support of HB 462 to the Ohio House Education Committee on April 18, 2012. To find out more about HB 462, including text of the bill, amendments, and Legislative Services Commission analysis, click here .

House Bill 462 is an Important First Step Toward Preserving Educational Stability for Children Involved in the Child Welfare System

Sarah Biehl

Staff Attorney

Ohio Poverty Law Center

Chairman Stebelton, Vice Chair Newbold, Ranking Member Luckie, and members of the House Education Committee, thank you for providing me the opportunity to speak to you today in support of House Bill 462. I am an attorney with the Ohio Poverty Law Center, a statewide poverty law organization that works to expand, protect, and enforce the legal rights of low-income Ohioans. I focus on education law and children’s rights, and have a particular interest in this legislation because I have been concerned for some time about the lack of educational stability children in Ohio’s child welfare system experience.

House Bill 462 is an important first step toward helping to preserve educational stability for kids who are subject of abuse, neglect, or dependency complaints in juvenile courts. These are children who, through no fault of their own, are pulled out of school and often NOT placed in a new school – often for very long periods of time. I work directly with legal aid attorneys across the state who represent children who are involved in the child welfare system, and they have told me stories of clients who sit out of school, doing nothing, often for weeks, while they wait for Children’s Services, school districts, and other stakeholders to fight out who is responsible for educating the child and to take care of enrolling the child in school. One attorney in Cincinnati told me that one of the school districts in her region had refused to enroll her client, a foster child in high school, because he had failed to return two textbooks at his previous school. He was removed from his home under emergency circumstances, and of course no longer had access to the books. An attorney in Columbus recently told me that one of her clients, a foster child, had been sitting at his foster home, doing nothing, for six weeks because of confusion regarding his special education records and failure to resolve unpaid fees.

Children who are subject to abuse, neglect, or dependency complaints usually come from less-than-ideal home situations. Many are dealing with abuse, violence, and poverty. Many have disabilities and special education needs. Many have already been having trouble in school due to these problems, which makes sense given the enormity of what these kids face on a daily basis. Changing schools and missing a large amount of school only exacerbates everything else: research shows that each change in school placement for a child results in a loss of up to six months of academic progress. [1] Excessive school absences harm children’s academic progress. [2] Foster children are particularly at risk. A recent study showed that more than one third of foster kids in the Midwest have repeated a grade. [3] Nearly half do not complete high school. [4] These are not, for the most part, kids who can sit out of school for a few weeks and catch up quickly and easily when they return.

The first choice should be to keep foster children in their home schools, with no or very minimal interruption to their school attendance and support to help them maintain academic progress. In some situations, however, school placement changes are necessary. When they are, the Ohio Poverty Law Center believes that kids should be enrolled in their new schools as quickly as possible. This is where House Bill 462 will help. House Bill 462 will prevent schools from withholding a child’s education records regardless of whether that child’s parents owe fees to the school. House Bill 462 would directly address both of the examples I mentioned, where children were denied enrollment in school because of lost textbooks or confusion about whether records should be transferred. This would be a huge step forward for foster kids, and would put Ohio on the path toward ensuring educational stability for children in the child welfare system.

Of course, the Ohio Poverty Law Center supports provisions already existing in the Ohio Revised Code that prevent schools from charging fees to low-income children who qualify for free school lunches. In the case of children in abuse, neglect, or dependency situations, however, it is not always feasible to check their eligibility for a fee waiver. House Bill 462 helps ensure that children who are involved in the child welfare system will be able to transfer school records without delay.

In the future, it would be wonderful to see the legislature take the next steps toward educational stability for children in the child welfare system and guarantee all foster children the right to immediate enrollment in school, akin to the rights guaranteed to homeless children under the federal McKinney-Vento Homeless Assistance Act. But, in the meantime, House Bill 462 takes an important first step toward addressing an issue crucial to the educational success of Ohio’s most vulnerable children.

Thus, the Ohio Poverty Law Center urges you to vote in favor of House Bill 462.

[1] Temple, J. A., and Reynolds, A. J. “School mobility and achievement: Longitudinal results from an urban cohort.” Journal of School Psychology 37.4 (1999): 355-377.

[2] Chang, Hedy; Romero, Mariajose, Present, Engaged and Accounted For: The Critical Importance of Addressing Chronic Absence in the Early Grades , National Center for Children in Poverty (September 2008).

[3] Mark E. Courtney et al., Chapin Hall Center for Child, University of Chicago, Midwest Evaluation of the Adult Functioning of Former Foster Youth: Conditions of Youth Preparing to Leave State Care, at http://www.chapinhall.org/research/report/midwest-evaluation-adult-functioning-former-foster-youth (last visited 4/17/2012).

[4] Ronna Cook et al., Westat Inc., A National Evaluation of the Title IV-E Foster Care Independent Living Programs for Youth: Phase 2 Final Report, at http://www.eric.ed.gov/PDFS/ED348599.pdf (last visited 4/17/2012).

OPLC Urges Ohioans to Speak Out Against SB 271, Telephone Deregulation

Mon, 16 Apr 2012 18:57:00 GMT

OPLC sent a letter to several Ohio newspapers last week urging them to speak out against SB 271 , a bill that would deregulate telephone providers, releasing them from any obligation to provide landline phone service to all Ohioans. This move could leave many Ohioans, especially in rural and impoverished areas, with NO reliable telephone service.

Dear Editor:

As representatives of rural, lower-income, and elderly Ohioans, we would like to encourage you to editorialize against Senate Bill 271 (SB 271).

This bill would allow some of Ohio’s landline telephone companies to withdraw their basic telephone services from customers.

Basic Telephone Service is what consumers know as “plain old telephone service”, with no frills and unlimited local calling for one flat charge.

The guarantee of landline telephone service to every Ohio home is a legal right many of us never even thought to question. But AT&T and Ohio’s landline telephone association are lobbying to get rid of the age-old consumer protection known as the “carrier of last resort.”

Telephone communication is a basic necessity, allowing Ohioans to maintain social contact, preserve health and safety, and gain assistance in an emergency. And while some Ohioans have a preference for landlines, many still have no other realistic choices.

Landlines from the traditional phone company are still the only option for affordable and reliable telephone service for many Ohioans. In fact, three-quarters of all Ohioans still have a landline telephone.

SB 271 would allow some telephone companies to start withdrawing their basic landline telephone service, or charge any price for their services, with very little notice to the consumers so long as they have met a showing of limited telecommunications competition.

The deeply flawed “competitive test” only requires a utility to show that there are two other companies offering some telecommunications service at a single point within each of their exchanges.

The test does not require these alternatives to be available to all customers, nor does it require the alternatives to be cost-competitive or reliable. So essentially, if AT&T and Verizon Wireless claim there is cellular service in your area, your area likely would meet the state’s competitive test.

AT&T, Cincinnati Bell, and two other smaller companies have already met this test in their entire Ohio Service Territory (highlighted in the pink map in the fact sheet from the Office of the Ohio Consumers’ Counsel).

If SB 271 passes, the landline telephone customers in those areas will be in danger of losing their basic landline service.

The telephone utilities in the other areas of Ohio would be able to start withdrawing telephone services after having met this weak “competitive” test in their exchanges, too. Many of Ohio’s urban areas may have good cell phone service and this may be an acceptable, although more expensive and less reliable, alternative for some customers. However, other areas like rural Appalachia have spotty cell coverage at best—and AT&T would be allowed to hang up on those customers, too.

There is also an affordability concern with the proposed bill. SB 271 is essentially a back-door rate increase for telephone companies allowing them to no longer offer the most affordable telephone service option.

SB 271 would enable the phone companies to force Ohioans who rely on basic local telephone service (which is the cheapest landline option) to purchase more expensive bundles or packages of services. And these more expensive services are not subject to any of the consumer protections that Ohio law now provides to assure reliable and quality service.

In addition, Ohio’s telephone laws were just updated last year. The 2010 overhaul of Ohio’s telephone regulations went into full effect in 2011 through a 100+-page bill that deregulated major aspects of the telephone industry and allowed some of Ohio’s telephone companies to increase basic telephone rates by $1.25 per month each year—in perpetuity. Throughout the debate on that bill, the telephone industry claimed that they were leaving some important consumer protections in place—and those are the very consumer protections that SB 271 would eliminate.

The ink has barely dried on their last bill, and they are back asking for more. SB 271 bill scraps the $1.25 rate increase and replaces it with unlimited rate increases with fully deregulated telephone services.

The 2010 telephone law also required a Select Committee to form to review the impact of that Bill on consumers.

This review would theoretically hold the utilities accountable for the promises of new jobs and new investments they would make in return for further deregulation. This committee has not even formed yet, let alone issued a report.

Even worse, AT&T’s own testimony to the legislature on the respective telephone bills shows that they have reduced their Ohio workforce by about 3,000 people since the General Assembly was debating the 2010 law.

However, AT&T has still found the funds to hire 21 lobbyists to fight for this bill. Including AT&T, telephone utilities, and their associations, there are a total of at least 34 lobbyists pushing Ohio legislators to cut the cord on their constituents.

Lawmakers in other states—Kentucky, Colorado, and New Jersey—recognized the burden that higher, unaffordable rates posed for vulnerable segments of their constituents, and they soundly rejected this pro-utility legislation.

We encourage you to advocate that the General Assembly cut the cord on SB 271—not allow the phone companies to cut the cord to Ohio’s landline telephone customers.

Contributing and supporting authors:

Michael Smalz and Joseph V. Maskovyak, Appalachian Peace and Justice Network;
Ellis Jacobs, Edgemont Neighborhood Coalition (Dayton);
Michael A. Walters, Pro Seniors, Inc.;
Edyael Casaperalta, Center for Rural Strategies;
Noel Morgan, Legal Aid Society of Southwest Ohio,
Representing Communities United for Action.

LEGAL AID COMMUNITY FILES AMICUS BRIEF IN CASHLAND PAYDAY LENDING CASE

Tue, 03 Apr 2012 19:13:00 GMT

On April 2, 2012, the statewide legal aid payday litigation working group filed an amicus brief in the 9th District Court of Appeals challenging Cashland‘s blatant disregard of Ohio’s payday lending reform efforts. The legal aid community was joined on the brief by the Coalition on Homelessness and Housing in Ohio , the Center for Responsible Lending , and the National Consumer Law Center.

Click here to see a PDF of the Cashland amicus brief filed by OPLC and the Ohio legal aid community .

OPLC & LEGAL AIRD PROGRAMS FILE AMICUS BRIEF IN CHASHLAND PAYDAY LENDING CASE

Tue, 03 Apr 2012 15:12:00 GMT

On April 2, the statewide legal aid payday litigation working group filed an amicus brief in the 9th District challenging Cashland’s blatant disregard of Ohio’s payday lending reform. We were joined on the brief by COHHIO, the Center for Responsible Lending, and the National Consumer Law Center.

Click here to see a PDF of the brief filed by OPLC and several Ohio legal aid programs

BILL COULD KILL ACCESS TO BASIC PHONE SERVICE

Mon, 02 Apr 2012 15:43:00 GMT

OPLC fights bill that would allow phone companies to drop landline phone service.

OPLC’s Mike Smalz and Joe Maskovyak are participating in a consumer coalition to fight SB 271, which will deregulate landline phone services and could lead to many mostly rural Ohioans being left with no or unreliable access to phone service. Mike Smalz is quoted extensively in this Cleveland Plain Dealer article .

OHIO STILL NEEDS PAYDAY REFORM

Mon, 02 Apr 2012 15:16:00 GMT

Jack D’Aurora, op-ed columnist for the Columbus Dispatch and friend of OPLC, explains why Ohio still needs payday lending reform.

OPLC’s Linda Cook provided information and data to author Jack D’Aurora, which he uses here to explain why payday lending reform isn’t working in Ohio .

ZERO TOLERANCE POLICIES BLEED EDUCATION

Tue, 31 Jan 2012 15:17:00 GMT

Columbus Dispatch op-ed columnist Jack D’Aurora spoke with OPLC’s Sarah Biehl about the school to prison pipeline and came away with an idea for this op-ed column. This piece does a great job of highlighting why zero tolerance policies and the overuse of suspension and expulsion in schools harms kids and communities.

In addition to the problems listed on the national report card it just received, Ohio’s education system must face the consequences of zero-tolerance policies: discrimination and higher incarceration rates.

OPLC’S SARAH BIEHL ON SPOTLIGHT ON YOUTH RADIO SHOW

Thu, 01 Dec 2011 16:31:00 GMT

On March 8, 2011, OPLC attorney Sarah Biehl appeared as a guest on the radio show Spotlight on Youth , which is hosted by the Children’s Law Center in Covington, Kentucky. Click here to hear audio of the show.

GENE KING: PUBLIC BENEFITS FIGHT POVERTY

Thu, 01 Dec 2011 16:03:00 GMT

OPLC Director Gene King wrote an op-ed that ran in the Columbus Dispatch on August 16 . In it, Gene discusses the importance of public benefits in the fight against poverty in Ohio. Check it out!

RACIAL DISPARITIES IN SCHOOL DISCIPLINE ARE REAL

Thu, 01 Dec 2011 15:45:00 GMT

Sarah Biehl’s letter to the editor of the Columbus Dispatch regarding bullying in schools appeared in the Dispatch on Saturday, April 30, 2011. The letter was a response to a syndicated Thomas Sowell op-ed.

PRESERVE OHIO’S PRO-CONSUMER CSPA

Thu, 01 Dec 2011 14:28:00 GMT

The Ohio Poverty Law Center’s Linda Cook recently wrote a letter to the editor explaining why proposed legislation (HB 275) in Ohio that would provide businesses a “right to cure” under Ohio’s Consumer Sales Practices Act (CSPA) is dangerous for consumers and bad for good business.

See the letter as published at Cincinnati.com

Text of letter:

The Ohio House of Representatives is currently considering legislation (H.B. 275) that would turn one of the most effective deceptive practices statutes in the country into one of the least effective. This would be a disaster for Ohio consumers, especially for low income consumers.

Ohio’s Consumer Sales Practices Act (CSPA) became law in 1972 and has been a bulwark against companies who engage in deceptive, unfair or unconscionable sales practices. At the heart of H.B. 275 is the “right to cure,” an amendment to the current statute that would allow suppliers to make a pre-trial offer in the form of cash, goods or services.

This so-called “cure” severely undercuts the CSPA’s provisions for attorney fees and enhanced damages, two crucial deterrents to bad business practices. The “cure” could also force consumers to accept as recompense more of the faulty goods or fraudulent services that prompted the dispute in the first place.

Ohio’s low income consumers, struggling to live from paycheck to paycheck, are less able to absorb the consequences of being on the losing end of a consumer transaction when a supplier lies, cheats or steals. H.B. 275 will only compound that situation.

This bill is also a disaster for honest businesses that treat customers fairly and play by the rules. Lowering the cost of bad business practices will only encourage a “race to the bottom.” We have already seen what happened in the housing market when lack of consequences for bad behavior spawned widespread fraud.

Ohio consumers deserve better.

Linda Cook

Senior Staff Attorney
Ohio Poverty Law Center
Columbus

IMPROPER GARNISHMENTS HARM THE POOR

Thu, 01 Dec 2011 14:26:00 GMT

Senior Attorney Linda Cook was quoted recently in a US Banker article about unlawful garnishments, explaining that unlawful garnishments harm the poor by cutting off access to food, medicine, and other life essentials.

OHIO KILLS ITS PLAN TO COLLECT WELFARE OVERPAYMENTS

Wed, 30 Nov 2011 15:07:00 GMT

Thanks to advocacy by the Ohio Poverty Law Center and others, the Ohio Department of Job and Family Services announced that it will no longer seek to collect very old welfare overpayments from current and former Ohio welfare recipients.

Read the story in the Columbus Dispatch here.

OPLC URGES OHIOANS TO SPEAK OUT ON SB 271 – TELEPHONE DEREGULATION

Mon, 19 Sep 2011 14:45:00 GMT

OPLC Senior Attorney Mike Smalz sent a letter to several Ohio newspapers last week urging them to speak out and editorialize against SB 271, a bill that would deregulate telephone providers, releasing them from any obligation to provide landline phone service to all Ohioans. This move could leave many Ohioans with NO reliable telephone service.

The Highland County Press printed Mike’s letter in full here.

As representatives of rural, lower-income, and elderly Ohioans, we would like to encourage you to editorialize against Senate Bill 271 (SB 271).

This bill would allow some of Ohio’s landline telephone companies to withdraw their basic telephone services from customers. Basic Telephone Service is what consumers know as “plain old telephone service (POTS)”, with no frills and unlimited local calling for one flat charge.

The deeply flawed “competitive test” only requires a utility to show that there are two other companies offering some telecommunications service at a single point within each of their exchanges.

If SB 271 passes, the landline telephone customers in those areas will be in danger of losing their basic landline service.

The 2010 telephone law also required a Select Committee to form to review the impact of that Bill on consumers.

We encourage you to advocate that the General Assembly cut the cord on SB 271—not allow the phone companies to cut the cord to Ohio’s landline telephone customers.

Contributing and supporting authors:

Joseph V. Maskovyak, Appalachian Peace and Justice Network;
Ellis Jacobs, Edgemont Neighborhood Coalition (Dayton);
Michael A. Walters, Pro Seniors, Inc.;
Edyael Casaperalta, Center for Rural Strategies;
Noel Morgan, Legal Aid Society of Southwest Ohio
Representing Communities United for Action.

OHIO POVERTY LAW UPDATE

Fri, 14 May 2010 15:11:00 GMT

PERIODICALLY, WE SEND OUT AN EMAIL NEWSLETTER ENTITLED OHIO POVERTY LAW

UPDATE TO PROVIDE UPDATES TO OHIO LEGAL SERVICES ADVOCATES ON OUR WORK AND OTHER ACTIVITIES.

If you would like to subscribe to Ohio Poverty Law Update , please send an email to oplcupdates@ohiopovertylaw.org.

Previous issues of Ohio Poverty Law Update are archived in the list of links below.

OPLC Update October/November 2010
OPLC Update March/April 2010
OPLC Update January/February 2010
OPLC Update November/December 2009