ODJFS agrees to promptly respond to a county request for a policy interpretation on family services duties and workforce development activities of county family services and workforce development agencies that are included in a Partnership Agreement. ODJFS will make every effort to issue a timely response with the goal of providing a response within fifteen (15) calendar days of receiving such a request from the county agency.

The county request for a policy interpretation will be made to the appropriate ODJFS program office staff except when another ODJFS office has been identified as the primary point of contact. The ODJFS office receiving the request will provide a response to the question or an acknowledgment of receipt of the request within five (5) business days of receipt.

The program office staff that receives the request from the county agency is responsible for ensuring that a response is made to the county agency within the fifteen-day time period, with an acknowledgment of receipt within five business days. Depending on the circumstances, the program office staff response may be in one of the following manners: a complete response to the question is provided; the county is notified that outside resources are necessary to provide a response (such as a request for an Attorney General Opinion, input from a federal agency, etc.); the county needs to refer the question to another entity (such as the county prosecutor, another agency, etc.) as ODJFS is not the appropriate source for a response; or that the issue requires additional time within ODJFS to resolve the questions presented by the county. If additional time is needed for a response, the program office staff will keep the county posted on the progress of the final response. If ODJFS is unable to provide a response, the program office staff will advise the county of why ODJFS cannot provide a response and when possible, provide an alternative source for information or interpretation.

A policy interpretation provided by ODJFS may not replace, amend, or in any manner supersede any state or federal statute, rule, regulation, or other appropriately adopted policy. If a policy interpretation is necessary because the meaning of an ODJFS rule is unclear, ODJFS program office policy staff should review the rule to determine whether an amendment to the rule is a more appropriate remedy than to issue a policy interpretation. ODJFS may not provide legal advice or counsel to county agencies since the county prosecuting attorney is the legal advisor to county agencies.