The following definitions, requirements and responsibilities are applicable to rules in Chapter 5101:9-6 of the Administrative Code.

(A)       Definitions:

(1)       "County family services agency" (CFSA) means the county department of job and family services (CDJFS), the public children services agency (PCSA), and the child support enforcement agency (CSEA) or as described in section 329. 40 of the Revised Code, a joint CDJFS formed by entering into a written agreement between boards of county commissioners.

(2)       "Family services duty" means a duty state law requires or allows a county family services agency to perform including all financial and administrative functions associated with the performance of those duties. The term "family services duty" does not include duties or activities funded by the Workforce Investment Act of 1998 (WIA), Chapter 4141. of the Revised Code, the Wagner-Peyser Act, or any other funds for which the United States department of labor is responsible for direct or indirect oversightdepartment of labor (DOL) Workforce Innovation and Opportunity Act (WIOA).

(3)       "Financial assistance" means all cash, reimbursements, allocations of funds, cash draws, and property that is provided by ODJFS to a county family services agency. All requirements in this rule related to "financial assistance" also apply to local public money, as defined in section 117.01 of the Revised Code, used by the county to match state or federal funds. The term "financial assistance" does not include technical assistance provided by ODJFS to the board of county commissioners or to any county family services agency.

(B)       ODJFS receives federal grant awards from various federal agencies. These federal grant awards require ODJFS, as a condition of receiving federal funds, to comply with the terms and conditions of the grant awards including the program and fiscal requirements of the program for which the grants provide federal funds. When a county family services agency receives financial assistance from ODJFS that includes funds from a federal grant, the accountability for and use of the financial assistance by the county family services agency must comply with all federal terms, conditions, regulations, and restrictions that apply to the use of financial assistance awarded to ODJFS through grants from a federal agency.

(C)       Each county family services agency shall administer all family service duties in accordance with the requirements of division (C) of section 5101.21 of the Revised Code.

(D)       Each county family services agency is responsible for using the financial assistance provided by ODJFS for the performance of family services duties in accordance with the requirements of the federal grant award, state law, and any of the following that concern the family services duties: state plans for receipt of federal financial participation, grant agreements between ODJFS and a federal agency, and executive orders issued by the governor.

(E)       Each county family services agency shall monitor each private and government entity that receives financial assistance from the county agency to ensure that family services duties, including expenditures, cash management, and reporting, are in compliance with state, federal, and local requirements. If a private or government entity is not performing family services duties in accordance with state, federal, and local requirements, the county family services agency shall require the entity to promptly comply with a corrective action plan approved by the county agency. Except when ODJFS certifies a claim to the attorney general in accordance with section 5101.1410 of the Revised Code, the county family service agency shall take prompt action to recover any financial assistance that is not expended in accordance with state, federal, and local requirements.

(F)       After the end of the state fiscal year and at such other times ODJFS determines to be appropriate, ODJFS may reconcile costs claimed by county family services agency expenditures with financial assistance provided to the county family services agency by ODJFS. ODJFS may also adjust, offset, withhold, or reduce financial assistance as necessary to recover the amount of excess financial assistance. If ODJFS determines that the amount of financial assistance provided by ODJFS exceeds the allowable amount of county family services agency expenditures costs claimed to federal programs, ODJFS may require the county family services agency to make one or more payments to ODJFS for the amount determined by ODJFS.

(F)(G)  A county family service agency shall promptly reimburse ODJFS the amount that represents the amount the county agency is responsible for, pursuant to action ODJFS takes under division (C) of section 5101.24 of the Revised Code, of funds ODJFS 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.

(G)(H) Financial assistance provided by ODJFS to a county family services agency is subject to the availability of state and federal funds and appropriations by the general assembly. If at any time the ODJFS director determines that state or federal funds are insufficient to sustain the financial assistance for county family services agencies, the ODJFS director may reduce, suspend, or terminate the financial assistance.

Replaces: 5101:9-6-51

Effective: 4/2/2018

Certification: CERTIFIED ELECTRONICALLY

Date: 03/20/2018

Promulgated Under: 111.15

Statutory Authority: 5101.21

Rule Amplifies: 5101.21

Prior Effective Dates: 10/01/2003, 07/01/2005, 11/01/2005, 02/05/2006, 04/30/2007, 12/03/2010, 04/27/2012