2006 Ohio Revised Code - 3109.18. County or multicounty advisory boards; use of funds; annual report by recipient.

§ 3109.18. County or multicounty advisory boards; use of funds; annual report by recipient.
 

(A) (1)  A board of county commissioners may establish a child abuse and child neglect prevention advisory board or may designate the county family and children first council to serve as the child abuse and child neglect prevention advisory board. The boards of county commissioners of two or more contiguous counties may instead form a multicounty district to be served by a child abuse and child neglect prevention advisory board or may designate a regional family and children first council to serve as the district child abuse and child neglect prevention advisory board. Each advisory board shall meet at least twice a year. 

(2) The county auditor is hereby designated as the auditor and fiscal officer of the advisory board. In the case of a multicounty district, the boards of county commissioners that formed the district shall designate the auditor of one of the counties as the auditor and fiscal officer of the advisory board. 

(B)  Each county that establishes an advisory board or, in a multicounty district, the auditor who has been designated as the auditor and fiscal officer of the advisory board, shall establish a fund in the county treasury known as the county or district children's trust fund. The auditor shall deposit all funds received from the children's trust fund board into that fund, and the auditor shall distribute money from the fund at the request of the advisory board. 

(C)  Each January, the board of county commissioners of a county that has established an advisory board or, in a multicounty district, the board of county commissioners of the county served by the auditor who has been designated as the auditor and fiscal officer for the advisory board, shall appropriate the amount described in division (B)(2) of section 3109.17 of the Revised Code for distribution by the advisory board to child abuse and child neglect prevention programs. 

(D) (1)  Except in the case of a county or regional family and children first council that is designated to serve as a child abuse and child neglect prevention advisory board, each advisory board shall consist of an odd number of members from both the public and private sectors, including all of the following: 

(a) A representative of an agency responsible for the administration of children's services in the county or district; 

(b) A provider of alcohol or drug addiction services or a representative of a board of alcohol, drug addiction, and mental health services that serves the county or district; 

(c) A provider of mental health services or a representative of a board of alcohol, drug addiction, and mental health services that serves the county or district; 

(d) A representative of a board of mental retardation and developmental disabilities that serves the county or district; 

(e) A representative of the educational community appointed by the superintendent of the school district with largest enrollment in the county or multicounty district. 

(2) The following groups and entities may be represented on the advisory board: 

(a) Parent groups; 

(b) Juvenile justice officials; 

(c) Pediatricians, health department nurses, and other representatives of the medical community; 

(d) School personnel; 

(e) Counselors and social workers; 

(f) Head start agencies; 

(g) Child care providers; 

(h) Other persons with demonstrated knowledge in programs for children. 

(3) Of the members first appointed, at least one shall serve for a term of three years, at least one for a term of two years, and at least one for a term of one year. Thereafter, each member shall serve a term of three years. Each member shall serve until the member's successor is appointed. All vacancies on the board shall be filled for the balance of the unexpired term in the same manner as the original appointment. 

(E)  Each child abuse and child neglect prevention advisory board may incur reasonable costs not to exceed five per cent of the funds allocated to the county or district under section 3109.17 of the Revised Code, for the purpose of carrying out the functions of the advisory board. 

(F)  Each child abuse and child neglect prevention advisory board shall do all of the following: 

(1) For each fiscal biennium, develop a local allocation plan for the purpose of preventing child abuse and child neglect and submit the plan to the children's trust fund board on or before the first day of April preceding the fiscal year for which the plan is developed; 

(2) Provide effective public notice, as defined by the children's trust fund board in the state plan or, if the board does not define the term in the state plan, as defined in rules adopted by the department of job and family services, to potential applicants about the availability of funds from the children's trust fund, including an estimate of the amount of money available for grants within each county or district, the date of at least one public hearing, information on obtaining a copy of the grant application form, and the deadline for submitting grant applications; 

(3) Review all applications received using criteria specified in the state plan adopted by the board under section 3109.17 of the Revised Code; 

(4) Consistent with the local allocation plan developed pursuant to division (F)(1) of this section, make grants to child abuse and child neglect prevention programs. 

(5) Establish any reporting requirements for grant recipients, in addition to those specified by the children's trust fund board, and for children's advocacy centers for which funds are used in accordance with section 3109.172 [3109.17.2] of the Revised Code. 

(G)  A member of a child abuse and child neglect prevention advisory board shall not participate in the development of a local  allocation plan under division (F)(1) of this section if it is reasonable to expect that the member's judgment could be affected by the member's own financial, business, property, or personal interest or other conflict of interest. For purposes of this division, "conflict of interest" means the taking of any action that violates any applicable provision of Chapter 102. or 2921. of the Revised Code. Questions relating to the existence of a conflict of interest pertaining to Chapter 2921. of the Revised Code shall be submitted by the advisory board to the local prosecuting attorney for resolution. Questions relating to the existence of a conflict of interest pertaining to Chapter 102. of the Revised Code shall be submitted by the advisory board to the Ohio ethics commission for resolution. 

(H)  Each advisory board shall assist the children's trust fund board in monitoring programs that receive money from the children's trust fund and shall perform such other duties for the local administration of the children's trust fund as the children's trust fund board requires. 

(I)  A children's advocacy center for which a child abuse and child neglect prevention advisory board uses any amount out of the funds allocated to the advisory board under section 3109.172 [3109.17.2] of the Revised Code, as start-up costs for the establishment and operation of the center, shall use the moneys so received only for establishment and operation of the center in accordance with sections 2151.425 [2151.42.5] to 2151.428 [2151.42.8] of the Revised Code. Any other person or entity that is a recipient of a grant from the children's trust fund shall use the grant funds only to fund primary and secondary child abuse and child neglect prevention programs. Any grant funds that are not spent by the recipient of the funds within the time specified by the terms of the grant shall be returned to the county treasurer. Any grant funds returned that are not redistributed by the advisory board within the state fiscal year in which they are received shall be returned to the treasurer of state. The treasurer of state shall deposit such unspent moneys into the children's trust fund to be spent for purposes consistent with the state plan adopted under section 3109.17 of the Revised Code. 

(J)  Applications for grants from the children's trust fund shall be made to the advisory board on forms prescribed by the children's trust fund board. 

(K) (1)  Each children's advocacy center for which a child abuse and child neglect prevention advisory board uses any amount out of the funds allocated to the advisory board under section 3109.172 [3109.17.2] of the Revised Code, as start-up costs for the establishment and operation of the center, and each other person or entity that is a recipient of a children's trust fund grant from an advisory board shall file with the advisory board a copy of a semi-annual and an annual report that includes the information required by the children's trust fund board. 

(2) Each advisory board shall file with the children's trust fund board, not later than the fifteenth day of August following the year for which the report is written, a copy of an annual report regarding the county or district local allocation plan that contains the information required by the children's trust fund board, and regarding the advisory board's use of any amount out of the funds allocated to the advisory board under section 3109.172 [3109.17.2] of the Revised Code as start-up costs for the establishment and operation of a children's advocacy center. 
 

HISTORY: 140 v H 319 (Eff 12-26-84); 141 v H 201 (Eff 7-1-85); 141 v H 428 (Eff 12-23-86); 142 v H 171 (Eff 7-1-87); 148 v H 471, § 1 (Eff 7-1-2000); 148 v H 283 (Eff 1-1-2001); 148 v H 471, § 3 (Eff 1-1-2001); 148 v H 448, § 6 (Eff 1-1-2001); 149 v S 121 (Eff 3-19-2003); 149 v H 248. Eff 4-7-2003; 150 v S 66, § 1, eff. 5-6-05; 150 v H 11, § 1, eff. 5-18-05.
 

The provisions of § 136 of HB 283 (148 v -) read as follows: 

SECTION 136. The amendments to section 3109.18 of the Revised Code by this act shall not affect the term of any member of a child abuse and child neglect advisory board serving on the effective date of this section. Vacancies on the board shall be filled in accordance with section 3109.18 of the Revised Code. 

 

Effect of Amendments

150 v H 11, effective May 18, 2005, in (D)(2)(g), substituted "Child care" for "Child day-care". 

150 v S 66, effective May 6, 2005, in (B), substituted "auditor shall" for "advisory board shall"; in (E), substituted "child abuse and child neglect prevention advisory board" for "board of county commissioners"; rewrote (F) and (K); in (G), substituted "local allocation" for "comprehensive allocation"; in (I), inserted "children's advocacy center ... or entity that is a"; and made minor stylistic changes. 

Disclaimer: These codes may not be the most recent version. Ohio may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.