(A)Each Title IV-E
agency as defined by rule 5101:2-1-01 of the Administrative Code, private child
placing agency (PCPA), private noncustodial agency (PNA), residential care
facility, or substance use disorder (SUD)
residential facility, as defined in rule 5101:2-1-01 of the Administrative Code, or a qualified residential
treatment program (QRTP) as defined in rule 5101:2-9-42 of the Administrative
Code that completes a cost report pursuant to rule 5101:2-47-26.1 of the
Administrative Code shall follow the JFS 02911-I " Instructions for
Completing JFS 02911, Title IV-E Single Cost Report" (rev. 8/2018) and shall have an annual "Title IV-E
Agreed Upon Procedures" engagement conducted for its cost report.
(B)Each Title IV-E
agency that files a cost report will have an annual "Agreed Upon
Procedures" engagement conducted by the Ohio department of job and family
services (ODJFS). For timely performance of the "Title IV-E Agreed Upon
Procedures" engagement, the Title IV-E agency shall complete its cost
report by September thirtieth of each year.
(C)Each PCPA, PNA,
QRTP, residential care facility, or SUD
residential facility shall engage a certified public accountant (CPA) to
conduct the annual "Agreed Upon Procedures" engagement in accordance
with the JFS 02913 "Title IV-E Agreed Upon Procedures" (9/2014)
engagement.
(D)The CPA who
conducts the annual "Agreed Upon Procedures" engagement for a PCPA,
PNA, QRTP, residential care facility, or SUD
residential facility shall adhere to confidentiality requirements set forth in
rule 5101:1-1-03 of the Administrative Code. Whenever names, addresses, or
other identifying information relating to children in care is used by any
individual CPA or CPA firm, they shall prevent the publication or disclosure of
names, lists, or other information concerning children.
(E)The CPA who
conducts the annual "Title-E Agreed Upon Procedures" engagement for a
PCPA, PNA, QRTP, residential care facility, or
SUD residential facility shall make the working papers and suitable facilities
available onsite or submit copies of the "Title IV-E Agreed Upon
Procedures" working papers to ODJFS for review upon request.
(F)Each PCPA, PNA,
QRTP, residential care facility, or SUD
residential facility shall participate in any quality assurance review
conducted by ODJFS.
(1)The annual
"Title IV-E Agreed Upon Procedures":
(a)Shall be
conducted by auditors who, during the period of the auditor's professional
engagement and during the period covered by the cost report, do not have nor
are committed to acquire any direct or indirect financial interest in the
ownership, financing or operation of the PCPA, PNA, residential care facility,
or SUD residential facility and were not involved in the preparation of the
cost report.
(b)Work papers
shall be in accordance with generally accepted government auditing standards
(GAGAS) as in effect on the date of this rule. These standards can be obtained
at www.gao.gov/govaud/ybk01.htm.
(c)Reporting
shall be performed in accordance with the attestation standards as prescribed
by the "American Institute of Certified Public Accountants" (AICPA)
as in effect on the effective date of this rule. These standards can be
obtained at https://www.aicpa.org/research/standards/auditattest/ssae.html.
(2)The CPA may
request a waiver of any requirements imposed by the "Title IV-E Agreed
Upon Procedures" specified on the JFS 02913 due to extenuating
circumstances.
(a)The waiver
request shall be filed with the office of fiscal and monitoring services of
ODJFS.
(b)The waiver
request shall include information explaining the facts and circumstances giving
rise to the need for a waiver and any other information which the CPA would
like to have considered.
(c)Based upon the
evidence presented by the CPA, it is the sole discretion of ODJFS to grant or
deny the waiver.
(d)ODJFS' decision
to grant or deny a waiver, in whole or in part, is on an individual basis and
shall not be construed as a generic decision covering all agency "Title
IV-E Agreed Upon Procedures" engagements.
(e)ODJFS' decision
to grant or deny a waiver will be final and shall not be construed as creating
any rights to a hearing under Chapter 119. of the Revised Code.
Effective: 10/29/2020
Five Year Review (FYR) Dates: 8/13/2020 and 10/29/2025
Certification: CERTIFIED ELECTRONICALLY
Date: 10/19/2020
Promulgated Under: 119.03
Statutory Authority: 5103.03, 5101.141, 5101.145
Rule Amplifies: 5103.03, 5101.141, 5101.145
Prior Effective Dates: 01/01/2004, 12/12/2005, 08/04/2006,
02/10/2008, 10/01/2008, 11/09/2009, 08/20/2011, 06/01/2015, 05/01/2019