Ohio § 5101.21

§ 5101.21.

(A) As used in sections 5101.21 to 5101.212 of the Revised Code : (1) “ County grantee ” means all of the following: (a) A board of county commissioners; (b) A county children services board appointed under section 5153.03 of the Revised Code ; (c) A county elected official that is a child support enforcement agency. (2) “ County subgrant ” means a grant that a county grantee awards to another entity. (3) “ County subgrant agreement ” means an agreement between a county grantee and another entity under which the county

grantee awards the other entity one or more county subgrants. (4) “ Fiscal biennial period ” means a two-year period beginning on the first day of July of an odd-numbered year

and ending on the last day of June of the next odd-numbered year. (5) “ Grant ” means an award for one or more family services duties of federal financial assistance

that a federal agency provides in the form of money, or property in lieu of money,

to the department of job and family services or the department of children and youth

and that either department awards to a county grantee.  “Grant” may include state funds the department awards to a county grantee to match

the federal financial assistance.  “Grant” does not mean either of the following: (a) Technical assistance that provides services instead of money; (b) Other assistance provided in the form of revenue sharing, loans, loan guarantees,

interest subsidies, or insurance. (6) “ Grant agreement ” means an agreement between the department of job and family services or the department

of children and youth and a county grantee under which either department awards the

county grantee one or more grants. (B) The director of job and family services and the director of children and youth may

award grants to counties only through grant agreements entered into under this section. (C) The directors shall enter into one or more written grant agreements with the county

grantees of each county.  If a county has multiple county grantees, the director shall jointly enter into

the grant agreement with all of the county grantees.  Except as provided in rules adopted under this section, subsequent grant agreements

shall be entered into before the first day of each successive fiscal biennial period

and shall be in effect for that fiscal biennial period or, in the case of a grant

agreement entered into after the first day of a fiscal biennial period and except

as provided by section 5101.211 of the Revised Code , for the remainder of the fiscal biennial period.  A grant agreement shall do all of the following: (1) Comply with all of the conditions, requirements, and restrictions applicable to the

family services duties for which the grants included in the agreement are awarded,

including the conditions, requirements, and restrictions established by the department,

federal or state law, state plans for receipt of federal financial participation,

agreements between the departments and a federal agency, and executive orders issued

by the governor; (2) Establish terms and conditions governing the accountability for and use of the grants

included in the grant agreement; (3) Specify both of the following: (a) The family services duties for which the grants included in the agreement are awarded; (b) The private and government entities designated under section 307.981 of the Revised Code to serve as the county family services agencies performing the family services duties; (4) Provide for the department of job and family services and the department of children

and youth to award the grants included in the agreement in accordance with a methodology

for determining the amount of the award established by rules adopted under this section; (5) Specify the form of the grants which may be a cash draw, reimbursement, property,

advance, working capital advance, or other forms specified in rules adopted under

this section; (6) Provide that the grants are subject to the availability of federal funds and appropriations

made by the general assembly; (7) Specify annual financial, administrative, or other incentive awards, if any, to be

provided in accordance with section 5101.23 of the Revised Code ; (8) Include the assurance of each county grantee that the county grantee will do all

of the following: (a) Ensure that the grants included in the agreement are used, and the family services

duties for which the grants are awarded are performed, in accordance with conditions,

requirements, and restrictions applicable to the duties established by the departments,

a federal or state law, state plans for receipt of federal financial participation,

agreements between the departments and a federal agency, and executive orders issued

by the governor; (b) Utilize a financial management system and other accountability mechanisms for the

grants awarded under the agreement that meet requirements the departments establish; (c) Do all of the following with regard to a county subgrant: (i) Award the subgrant through a written county subgrant agreement that requires the

entity awarded the county subgrant to comply with all conditions, requirements, and

restrictions applicable to the county grantee regarding the grant that the county

grantee subgrants to the entity, including the conditions, requirements, and restrictions

of this section; (ii) Monitor the entity that is awarded the subgrant to ensure that the entity uses the

subgrant in accordance with conditions, requirements, and restrictions applicable

to the family services duties for which the subgrant is awarded; (iii) Take action to recover subgrants that are not used in accordance with the conditions,

requirements, or restrictions applicable to the family services duties for which the

subgrant is awarded. (d) Promptly reimburse the departments the amount that represents the amount the county

grantee is responsible for, pursuant to action the departments take under division (C) of section 5101.24 of the Revised Code , of funds the departments pay to any entity because of an adverse audit finding,

adverse quality control finding, final disallowance of federal financial participation,

or other sanction or penalty; (e) Take prompt corrective action, including paying amounts resulting from an adverse

finding, sanction, or penalty, if the departments, auditor of state, federal agency,

or other entity authorized by federal or state law to determine compliance with the

conditions, requirements, and restrictions applicable to a family services duty for

which a grant included in the agreement is awarded determines compliance has not been

achieved; (f) Ensure that any matching funds, regardless of the source, that the county grantee

manages are clearly identified and used in accordance with federal and state laws

and the agreement. (9) Provide for the departments taking action pursuant to division (C) of section 5101.24 of the Revised Code if authorized by division (B)(1), (2), (3), or (4) of that section; (10) Provide for timely audits required by federal and state law and require prompt release

of audit findings and prompt action to correct problems identified in an audit; (11) Provide for administrative review procedures in accordance with section 5101.24 of the Revised Code ; (12) Establish the method of amending or terminating the agreement and an expedited process

for correcting terms or conditions of the agreement that the directors and each county

grantee agree are erroneous. (D) A grant agreement does not have to be amended for a county grantee to be required

to comply with a new or amended condition, requirement, or restriction for a family

services duty established by federal or state law, state plan for receipt of federal

financial participation, agreement between the departments and a federal agency, or

executive order issued by the governor. (E) The departments shall make payments authorized by a grant agreement on vouchers they

prepare and may include any funds appropriated or allocated to them for carrying out

family services duties for which a grant included in the agreement is awarded, including

funds for personal services and maintenance. (F)(1) The directors shall adopt rules in accordance with section 111.15 of the Revised Code governing grant agreements.  The directors shall adopt the rules as if they were internal management rules.  Before adopting the rules, the directors shall give the public an opportunity to

review and comment on the proposed rules.  The rules shall establish methodologies to be used to determine the amount of the

grants included in the agreements.  The rules also shall establish terms and conditions under which an agreement may

be entered into after the first day of a fiscal biennial period.  The rules may do any or all of the following: (a) Govern the award of grants included in grant agreements, including the establishment

of, and restrictions on, the form of the grants and the distribution of the grants; (b) Specify allowable uses of the grants included in the agreements; (c) Establish reporting, cash management, audit, and other requirements the directors

determine are necessary to provide accountability for the use of the grants included

in the agreements and determine compliance with conditions, requirements, and restrictions

established by the departments, a federal or state law, state plans for receipt of

federal financial participation, agreements between the departments and a federal

agency, and executive orders issued by the governor. (2) A requirement of a grant agreement established by a rule adopted under this division

is applicable to a grant agreement without having to be restated in the grant agreement.  A requirement established by a grant agreement is applicable to the grant agreement

without having to be restated in a rule.