Ohio § 5101.11

§ 5101.11.

(A) As used in this section: (1) “ Entity ” includes an agency, board, commission, or department of the state or a political

subdivision of the state;  a private, nonprofit entity;  a school district;  a private

school;  or a public or private institution of higher education. (2) “ Federal financial participation ” means the federal government's share of expenditures made by an entity in implementing

a program administered by the department of job and family services. (B) At the request of any public entity having authority to implement a program administered

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

or any private entity under contract with a public entity to implement a program administered

by the applicable department, the applicable department may seek to obtain federal

financial participation for costs incurred by the entity.  Federal financial participation may be sought from programs operated pursuant to

Title IV-A of the “Social Security Act,” 42 U.S.C. 601 et seq. ;  Title IV-E of the “Social Security Act,” 42 U.S.C. 670 et seq. ;  the Food and Nutrition Act of 2008, 7 U.S.C. 2011 et seq. ;  and any other statute or regulation under which federal financial participation

may be available, except that federal financial participation may be sought only for

expenditures made with funds for which federal financial participation is available

under federal law. (C) All funds collected by the department of job and family services or the department

of children and youth pursuant to division (B) of this section shall be distributed

to the entities that incurred the costs, except for any amounts retained by the applicable

department pursuant to division (D)(3) of this section. (D) In distributing federal financial participation pursuant to this section, the department

of job and family services or the department of children and youth may either enter

into an agreement with the entity that is to receive the funds or distribute the funds

in accordance with rules adopted under division (F) of this section.  If an agreement to distribute the funds is entered into, the agreement may include

terms that do any of the following: (1) Provide for the whole or partial reimbursement of any cost incurred by the entity

in implementing the program; (2) In the event that federal financial participation is disallowed or otherwise unavailable

for any expenditure, require the applicable department or the entity, whichever party

caused the disallowance or unavailability of federal financial participation, to assume

responsibility for the expenditures; (3) Permit the applicable department to retain not more than five per cent of the amount

of the federal financial participation to be distributed to the entity; (4) Require the public entity to certify the availability of sufficient unencumbered

funds to match the federal financial participation it receives under this section; (5) Establish the length of the agreement, which may be for a fixed or a continuing period

of time; (6) Establish any other requirements determined by the applicable department to be necessary

for the efficient administration of the agreement. (E) An entity that receives federal financial participation pursuant to this section

for a program aiding children and their families shall establish a process for collaborative

planning with the department of job and family services or the department of children

and youth for the use of the funds to improve and expand the program. (F) The director of job and family services and the director of children and youth each

shall adopt rules as necessary to implement this section, including rules for the

distribution of federal financial participation pursuant to this section.  The rules shall be adopted in accordance with Chapter 119. of the Revised Code.  Each director may adopt or amend any statewide plan required by the federal government

for a program administered by that department, as necessary to implement this section. (G) Federal financial participation received pursuant to this section shall not be included

in any calculation made under section 5101.16 or 5101.161 of the Revised Code .