Ohio § 5101.801

§ 5101.801.

(A) Except as otherwise provided by the law enacted by the general assembly or executive

order issued by the governor establishing the Title IV-A program, a Title IV-A program

identified under division (A)(4)(c), (d), (e), (f), (g), or (h) of section 5101.80

of the Revised Code shall provide benefits and services that are not “assistance”

as defined in 45 C.F.R. 260.31(a) and are benefits and services that 45 C.F.R. 260.31(b) excludes from the definition of assistance. (B)(1) Except as otherwise provided by the law enacted by the general assembly or executive

order issued by the governor establishing the Title IV-A program, the department of

job and family services or the department of children and youth, as appropriate, shall

do either of the following regarding a Title IV-A program identified under division

(A)(4)(c), (d), (e), (f), (g), or (h) of section 5101.80 of the Revised Code: (a) Administer the program or supervise a county family services agency's administration

of the program; (b) Enter into an interagency agreement with a state agency for the state agency to administer

the program under the department's supervision. (2) The department of job and family services and the department of children and youth

may enter into an agreement with a government entity and, to the extent permitted

by federal law, a private, not-for-profit entity for the entity to receive funding

for a project under the Title IV-A demonstration program created under section 5101.803 of the Revised Code . (3) To the extent permitted by federal law, the department of children and youth may

enter into an agreement with a private, not-for-profit entity for the entity to receive

funds under the Ohio parenting and pregnancy program created under section 5180.71 of the Revised Code . (4) To the extent permitted by federal law, the department of children and youth may

enter into an agreement with a private, not-for-profit entity for the entity to receive

funds as recommended by the Ohio commission on fatherhood under section 5180.704 of the Revised Code . (C) The department of job and family services and the department of children and youth,

may adopt rules governing Title IV-A programs identified under divisions (A)(4)(c),

(d), (e), (f), (g), and (h) of section 5101.80 of the Revised Code.  Rules governing financial and operational matters of either department or between

either department and county family services agencies shall be adopted as internal

management rules adopted in accordance with section 111.15 of the Revised Code .  All other rules shall be adopted in accordance with Chapter 119. of the Revised

Code. (D) If the department of job and family services or the department of children and youth,

enters into an agreement regarding a Title IV-A program identified under division

(A)(4)(c), (e), (f), (g), or (h) of section 5101.80 of the Revised Code pursuant to

division (B)(1)(b) or (2) of this section, the agreement shall include at least all

of the following: (1) A requirement that the state agency or entity comply with the requirements for the

program or project, including all of the following requirements established by federal

statutes and regulations, state statutes and rules, the United States office of management

and budget, and the Title IV-A state plan prepared under section 5101.80 of the Revised Code : (a) Eligibility; (b) Reports; (c) Benefits and services; (d) Use of funds; (e) Appeals for applicants for, and recipients and former recipients of, the benefits

and services; (f) Audits. (2) A complete description of all of the following: (a) The benefits and services that the program or project is to provide; (b) The methods of program or project administration; (c) The appeals process under section 5101.35 of the Revised Code for applicants for, and recipients and former recipients of, the program or project's

benefits and services; (d) Other requirements that the department of job and family services or the department

of children and youth, as applicable, requires be included. (3) Procedures for the department of job and family services or the department of children

and youth, as applicable, to approve a policy, established by rule or otherwise, that

the state agency or entity establishes for the program or project before the policy

is established; (4) Provisions regarding how the department of job and family services or the department

of children and youth, as applicable, is to reimburse the state agency or entity for

allowable expenditures under the program or project that the applicable department

approves, including all of the following: (a) Limitations on administrative costs; (b) The department of job and family services or the department of children and youth,

as applicable, at its discretion, doing either of the following: (i) Withholding no more than five per cent of the funds that the department of job and

family services or the department of children and youth, as applicable, would otherwise

provide to the state agency or entity for the program or project; (ii) Charging the state agency or entity for the costs to the department of job and family

services or the department of children and youth, as applicable, of performing, or

contracting for the performance of, audits and other administrative functions associated

with the program or project. (5) If the state agency or entity arranges by contract, grant, or other agreement for

another entity to perform a function the state agency or entity would otherwise perform

regarding the program or project, the state agency or entity's responsibilities for

both of the following: (a) Ensuring that the other entity complies with the agreement between the state agency

or entity and the department of job and family services or the department of children

and youth, as applicable and federal statutes and regulations and state statutes and

rules governing the use of funds for the program or project; (b) Auditing the other entity in accordance with requirements established by the United

States office of management and budget. (6) The state agency or entity's responsibilities regarding the prompt payment, including

any interest assessed, of any adverse audit finding, final disallowance of federal

funds, or other sanction or penalty imposed by the federal government, auditor of

state, department of job and family services or the department of children and youth,

as applicable, a court, or other entity regarding funds for the program or project; (7) Provisions for the department of job and family services or the department of children

and youth, as applicable, to terminate the agreement or withhold reimbursement from

the state agency or entity if either of the following occur: (a) The federal government disapproves the program or project or reduces federal funds

for the program or project; (b) The state agency or entity fails to comply with the terms of the agreement. (8) Provisions for both of the following: (a) The department of job and family services or the department of children and youth,

as applicable, and state agency or entity determining the performance outcomes expected

for the program or project; (b) An evaluation of the program or project to determine its success in achieving the

performance outcomes determined under division (D)(8)(a) of this section. (E) To the extent consistent with the law enacted by the general assembly or executive

order issued by the governor establishing the Title IV-A program and subject to the

approval of the director of budget and management, the director of job and family

services or the director of children and youth, as applicable, may terminate a Title

IV-A program identified under division (A)(4)(c), (d), (e), (f), (g), or (h) of section

5101.80 of the Revised Code or reduce funding for the program if the applicable director

determines that federal or state funds are insufficient to fund the program.  If the director of budget and management approves the termination or reduction in

funding for such a program, the director of job and family services or the department

of children and youth, as applicable, shall issue instructions for the termination

or funding reduction.  If a Title IV-A administrative agency is administering the program, the agency is

bound by the termination or funding reduction and shall comply with the applicable

director's instructions. (F) The director of job and family services and the director of children and youth may

adopt internal management rules in accordance with section 111.15 of the Revised Code as necessary to implement this section.  The rules are binding on each Title IV-A administrative agency.