2006 Ohio Revised Code - 5101.46. Administration of Title XX social services.

§ 5101.46. Administration of Title XX social services.
 

(A)  As used in this section: 

(1) "Title XX" means Title XX of the "Social Security Act," 88 Stat. 2337 (1974), 42 U.S.C.A. 1397, as amended. 

(2) "Respective local agency" means, with respect to the department of job and family services, a county department of job and family services; with respect to the department of mental health, a board of alcohol, drug addiction, and mental health services; and with respect to the department of mental retardation and developmental disabilities, a county board of mental retardation and developmental disabilities. 

(3) "Federal poverty guidelines" means the poverty guidelines as revised annually by the United States department of health and human services in accordance with section 673(2) of the "Omnibus Budget Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C.A. 9902, as amended, for a family size equal to the size of the family of the person whose income is being determined. 

(B)  The departments of job and family services, mental health, and mental retardation and developmental disabilities, with their respective local agencies, shall administer the provision of social services funded through grants made under Title XX. The social services furnished with Title XX funds shall be directed at the following goals: 

(1) Achieving or maintaining economic self-support to prevent, reduce, or eliminate dependency; 

(2) Achieving or maintaining self-sufficiency, including reduction or prevention of dependency; 

(3) Preventing or remedying neglect, abuse, or exploitation of children and adults unable to protect their own interests, or preserving, rehabilitating, or reuniting families; 

(4) Preventing or reducing inappropriate institutional care by providing for community-based care, home-based care, or other forms of less intensive care; 

(5) Securing referral or admission for institutional care when other forms of care are not appropriate, or providing services to individuals in institutions. 

(C) (1)  All federal funds received under Title XX shall be appropriated as follows: 

(a) Seventy-two and one-half per cent to the department of job and family services; 

(b) Twelve and ninety-three one-hundreths per cent to the department of mental health; 

(c) Fourteen and fifty-seven one-hundreths per cent to the department of mental retardation and developmental disabilities. 

(2) Each state department shall, subject to the approval of the controlling board, develop formulas for the distribution of their Title XX appropriations to their respective local agencies. The formulas shall take into account the total population of the area that is served by the agency, the percentage of the population in the area that falls below the federal poverty guidelines, and the agency's history of and ability to utilize Title XX funds. 

(3) Each of the state departments shall expend no more than three per cent of its Title XX appropriation for state administrative costs. Each of the department's respective local agencies shall expend no more than fourteen per cent of its Title XX appropriation for local administrative costs. 

(4) The department of job and family services shall expend no more than two per cent of its Title XX appropriation for the training of the following: 

(a) Employees of county departments of job and family services; 

(b) Providers of services under contract with the state departments' respective local agencies; 

(c) Employees of a public children services agency directly engaged in providing Title XX services. 

(D)  The department of job and family services shall prepare a biennial comprehensive Title XX social services plan on the intended use of Title XX funds. The department shall develop a method for obtaining public comment during the development of the plan and following its completion. 
 

For each state fiscal year, the department of job and family services shall prepare a report on the actual use of Title XX funds. The department shall make the annual report available for public inspection. 
 

The departments of mental health and mental retardation and developmental disabilities shall prepare and submit to the department of job and family services the portions of each biennial plan and annual report that apply to services for mental health and mental retardation and developmental disabilities. Each respective local agency of the three state departments shall submit information as necessary for the preparation of biennial plans and annual reports. 

(E)  Each county department shall adopt a county profile for the administration and provision of Title XX social services in the county. In developing its county profile, the county department shall take into consideration the comments and recommendations received from the public by the county family services planning committee pursuant to section 329.06 of the Revised Code. As part of its preparation of the county profile, the county department may prepare a local needs report analyzing the need for Title XX social services. 
 

The county department shall submit the county profile to the board of county commissioners for its review. Once the county profile has been approved by the board, the county department shall file a copy of the county profile with the department of job and family services. The department shall approve the county profile if the department determines the profile provides for the Title XX social services to meet the goals specified in division (B) of this section. 

(F)  Any of the three state departments and their respective local agencies may require that an entity under contract to provide social services with Title XX funds submit to an audit on the basis of alleged misuse or improper accounting of funds. If an audit is required, the social services provider shall reimburse the state department or local agency for the cost it incurred in conducting the audit or having the audit conducted. 
 

If an audit demonstrates that a social services provider is responsible for one or more adverse findings, the provider shall reimburse the appropriate state department or its respective local agency the amount of the adverse findings. The amount shall not be reimbursed with Title XX funds received under this section. The three state departments and their respective local agencies may terminate or refuse to enter into a Title XX contract with a social services provider if there are adverse findings in an audit that are the responsibility of the provider. 

(G)  The department of job and family services may adopt rules to implement and carry out the purposes of this section. Rules governing financial and operational matters of the department or matters between the department and county departments of job and family services shall be adopted as internal management rules in accordance with section 111.15 of the Revised Code. Rules governing eligibility for services, program participation, and other matters pertaining to applicants and participants shall be adopted in accordance with Chapter 119. of the Revised Code. 
 

HISTORY: 136 v H 231 (Eff 10-8-75); 137 v H 383 (Eff 8-15-77); 139 v H 694 (Eff 11-15-81); 139 v S 550 (Eff 7-1-83); 141 v H 428 (Eff 12-23-86); 142 v H 231 (Eff 10-5-87); 142 v H 708 (Eff 4-19-88); 143 v H 317 (Eff 10-10-89); 144 v H 155 (Eff 7-22-91); 144 v H 298 (Eff 7-26-91); 146 v H 249 (Eff 7-17-95); 147 v H 408 (Eff 10-1-97); 148 v H 283 (Eff 6-30-99); 148 v H 471. Eff 7-1-2000; 150 v H 95, § 1, eff. 9-26-03; 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 179 of H.B. 95 (150 v  - ). 

Not analogous to former RC § 5101.46 (GC § 1838; 102 v 211; Bureau of Code Revision, 10-1-53), repealed 125 v 823(892), § 2, eff 7-1-54.

 

Effect of Amendments

151 v H 66, effective June 30, 2005, inserted "annual" in the second paragraph of (D); deleted (F), pertaining to an independent audit of the Title XX expenditures of the departments of job and family services, mental health, and mental retardation and developmental disabilities, (H), pertaining to the use of federal funds received by the department of job and family services, and (I), pertaining to application of the provisions, and redesignated the remaining subsections accordingly; and rewrote present (F) and (G). 

H.B. 95, Acts 2003, effective June 26, 2003, redesignated former (I) as (J); and inserted present (I).