2006 Ohio Revised Code - 5101.21. Fiscal agreements between director and county commissioners.

§ 5101.21. Fiscal agreements between director and county commissioners.
 

(A)  As used in this section, "county signer" means all of the following: 

(1) A board of county commissioners; 

(2) A county children services board appointed under section 5153.03 of the Revised Code if required by division (B) of this section to enter into a fiscal agreement; 

(3) A county elected official that is a child support enforcement agency if required by division (B) of this section to enter into a fiscal agreement. 

(B)  The director of job and family services may enter into one or more written fiscal agreements with boards of county commissioners under which financial assistance is awarded for family services duties included in the agreements. Boards of county commissioners shall select which family services duties to include in a fiscal agreement. If a board of county commissioners elects to include family services duties of a public children services agency and a county children services board appointed under section 5153.03 of the Revised Code serves as the county's public children services agency, the board of county commissioners and county children services board shall jointly enter into the fiscal agreement with the director. If a board of county commissioners elects to include family services duties of a child support enforcement agency and the entity designated under former section 2301.35 of the Revised Code prior to October 1, 1997, or designated under section 307.981 [307.98.1] of the Revised Code as the county's child support enforcement agency is an elected official of the county, the board of county commissioners and county elected official shall jointly enter into the fiscal agreement with the director. A fiscal agreement shall do all of the following: 

(1) Specify the family services duties included in the agreement and the private and government entities designated under section 307.981 [307.98.1] of the Revised Code to serve as the county family services agencies performing the family services duties; 

(2) Provide for the department of job and family services to award financial assistance for the family services duties included in the agreement in accordance with a methodology for determining the amount of the award established by rules adopted under division (D) of this section; 

(3) Specify the form of the award of financial assistance which may be an allocation, cash draw, reimbursement, property, or, to the extent authorized by an appropriation made by the general assembly and to the extent practicable and not in conflict with a federal or state law, a consolidated funding allocation for two or more family services duties included in the agreement; 

(4) Provide that the award of financial assistance is subject to the availability of federal funds and appropriations made by the general assembly; 

(5) Specify annual financial, administrative, or other incentive awards, if any, to be provided in accordance with section 5101.23 of the Revised Code; 

(6) Include the assurance of each county signer that the county signer will do all of the following: 

(a) Ensure that the financial assistance awarded under the agreement is used, and the family services duties included in the agreement are performed, in accordance with requirements for the duties established by the department, a federal or state law, or any of the following that concern the family services duties included in the fiscal agreement and are published under section 5101.212 [5101.21.2] of the Revised Code: state plans for receipt of federal financial participation, grant agreements between the department and a federal agency, and executive orders issued by the governor; 

(b) Ensure that the board and county family services agencies utilize a financial management system and other accountability mechanisms for the financial assistance awarded under the agreement that meet requirements the department establishes; 

(c) Require the county family services agencies to do both of the following: 

(i) Monitor all private and government entities that receive a payment from financial assistance awarded under the agreement to ensure that each entity uses the payment in accordance with requirements for the family services duties included in the agreement; 

(ii) Take action to recover payments that are not used in accordance with the requirements for the family services duties included in the agreement. 

(d) Require county family services agencies to promptly reimburse the department the amount that represents the amount an agency is responsible for, pursuant to action the department takes under division (C) of section 5101.24 of the Revised Code, of funds the department pays to any entity because of an adverse audit finding, adverse quality control finding, final disallowance of federal financial participation, or other sanction or penalty; 

(e) Require county family services agencies to take prompt corrective action, including paying amounts resulting from an adverse finding, sanction, or penalty, if the department, auditor of state, federal agency, or other entity authorized by federal or state law to determine compliance with requirements for a family services duty included in the agreement determines compliance has not been achieved. 

(7) Provide for the department taking action pursuant to division (C) of section 5101.24 of the Revised Code if authorized by division (B)(1), (2), (3), or (4) of that section; 

(8) Provide for timely audits required by federal and state law and require prompt release of audit findings and prompt action to correct problems identified in an audit; 

(9) Comply with all of the requirements for the family services duties that are included in the agreement and have been established by the department, federal or state law, or any of the following that concern the family services duties included in the fiscal agreement and are published under section 5101.212 [5101.21.2] of the Revised Code: state plans for receipt of federal financial participation, grant agreements between the department and a federal agency, and executive orders issued by the governor; 

(10) Provide for dispute resolution procedures in accordance with section 5101.24 of the Revised Code; 

(11) Establish the method of amending or terminating the agreement and an expedited process for correcting terms or conditions of the agreement that the director and each county signer agree are erroneous; 

(12) Except as provided in rules adopted under division (D) of this section, begin on the first day of July of an odd-numbered year and end on the last day of June of the next odd-numbered year. 

(C)  The department shall make payments authorized by a fiscal agreement on vouchers it prepares and may include any funds appropriated or allocated to it for carrying out family services duties included in the agreement, including funds for personal services and maintenance. 

(D) (1)  The director shall adopt rules in accordance with section 111.15 of the Revised Code governing fiscal agreements. The director shall adopt the rules as if they were internal management rules. Before adopting the rules, the director shall give the public an opportunity to review and comment on the proposed rules. The rules shall establish methodologies to be used to determine the amount of financial assistance to be awarded under the agreements. The rules also shall establish terms and conditions under which an agreement may be entered into after the first day of July of an odd-numbered year. The rules may do any or all of the following: 

(a) Govern the establishment of allocations; 

(b) Specify allowable uses of financial assistance awarded under the agreements; 

(c) Establish reporting, cash management, audit, and other requirements the director determines are necessary to provide accountability for the use of financial assistance awarded under the agreements and determine compliance with requirements established by the department, a federal or state law, or any of the following that concern the family services duties included in the agreements and are published under section 5101.212 [5101.21.2] of the Revised Code: state plans for receipt of federal financial participation, grant agreements between the department and a federal entity, and executive orders issued by the governor. 

(2) A requirement of a fiscal agreement established by a rule adopted under this division is applicable to a fiscal agreement without having to be restated in the fiscal agreement. 
 

HISTORY: 147 v H 408 (Eff 10-1-97); 148 v H 283 (Eff 9-29-99); 148 v H 470. Eff 3-14-2000; 150 v H 95, § 1, eff. 6-26-03; 151 v H 66, § 101.01, eff. 6-30-05.
 

The effective date is set by § 612.12 of 151 v H 66. 

The effective date is set by section 182 of H.B. 95 (150 v  - ). 

Not analogous to former RC § 5101.21 (147 v S 52), amended and renumbered RC § 5101.84 in 147 v H 408, eff 10-1-97.

Not analogous to former RC § 5101.21 (134 v H 980; 137 v H 1; 139 v H 694; 139 v S 530; 140 v H 100; 140 v H 291; 141 v H 428), repealed 142 v H 231, § 2, eff 10-5-87. This section was also repealed in 141 v H 238, § 3, eff 9-1-87.

 

Effect of Amendments

151 v H 66, effective June 30, 2005, deleted (B)(6)(f) and (D)(1)(a), limiting the use of funds available in the consolidated funding allocation, and made related changes. 

H.B. 95, Acts 2003, effective June 26, 2003, rewrote the section.