2006 Ohio Revised Code - [5101.21.3] 5101.213.Financial assistance to county where fiscal agreement is not in effect.

[§ 5101.21.3] § 5101.213. Financial assistance to county where fiscal agreement is not in effect.
 

(A)  Except as provided in section 5101.211 [5101.21.1] of the Revised Code, if a fiscal agreement under section 5101.21 of the Revised Code between the director of job and family services and a board of county commissioners is not in effect, all of the following apply: 

(1) The department of job and family services shall award to the county the board serves financial assistance for family services duties in accordance with a methodology for determining the amount of the award established by rules adopted under division (B) of this section. 

(2) The financial assistance may be provided in the form of allocations, cash draws, reimbursements, and property but may not be made in the form of a consolidated funding allocation. 

(3) The award of the financial assistance is subject to the availability of federal funds and appropriations made by the general assembly. 

(4) The county family services agencies performing the family services duties for which the financial assistance is awarded shall do all of the following: 

(a) Use the financial assistance, and perform the family services duties, in accordance with requirements for the duties established by the department, a federal or state law, or any of the following that concern the duties: 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) Utilize a financial management system and other accountability mechanisms for the financial assistance that meet requirements the department establishes; 

(c) Monitor all private and government entities that receive a payment from the financial assistance to ensure that each entity uses the payment in accordance with requirements for the family services duties and take action to recover payments that are not used in accordance with the requirements for the family services duties; 

(d) 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) 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 determines compliance has not been achieved. 

(B)  The director shall adopt rules in accordance with section 111.15 of the Revised Code as necessary to implement this section. 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 and may do any or all of the following: 

(1) Govern the establishment of funding allocations; 

(2) Specify allowable uses of financial assistance the department awards under this section; 

(3) Establish reporting, cash management, audit, and other requirements the director determines are necessary to provide accountability for the use of the financial assistance 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 for which the financial assistance is awarded: state plans for receipt of federal financial participation, grant agreements between the department and a federal entity, and executive orders issued by the governor. 
 

HISTORY: 150 v H 95, § 1, eff. 9-26-03.
 

The effective date is set by section 179 of H.B. 95 (150 v  - ). 

This section formerly concerned a partnership agreement between the director and a municipal corporation and consolidated funding allocation. 

Not analogous to former RC § 5101.213 ( 148 v H 470), repealed and reenacted RC § 5101.213 in 150 v H 95, eff 6-26-03.