Ohio § 5101.24
Full text of Ohio Ohio Revised Code § 5101.24, with citation guidance and answers to common questions.
§ 5101.24.
(A) As used in this section, “ responsible county grantee ” means whichever county grantee, as defined in section 5101.21 of the Revised Code , the director of job and family services and the director of children and youth determine
is appropriate to take action against under division (C) of this section. (B) Regardless of whether a family services duty is performed by a county family services
agency, private or government entity pursuant to a contract entered into under section 307.982 of the Revised Code or division (C)(2) of section 5153.16 of the Revised Code , or private or government provider of a family service duty, the department of job
and family services or the department of children and youth may take action under
division (C) of this section against the responsible county grantee if the department
determines any of the following are the case: (1) A requirement of a grant agreement entered into under section 5101.21 of the Revised Code that includes a grant for the family services duty, including a requirement for grant
agreements established by rules adopted under that section, is not complied with; (2) A county family services agency fails to develop, submit to the department, or comply
with a corrective action plan under division (B) of section 5101.221 of the Revised Code , or the department disapproves the agency's corrective action plan developed under division (B) of section 5101.221 of the Revised Code ; (3) A requirement for the family services duty established by the department or any of
the following is not complied with: a federal or state law, state plan for receipt
of federal financial participation, grant agreement between the department and a federal
agency, or executive order issued by the governor; (4) The responsible county grantee is solely or partially responsible, as determined
by the director of job and family services or the director of children and youth,
for an adverse audit finding, adverse quality control finding, final disallowance
of federal financial participation, or other sanction or penalty regarding the family
services duty. (C) The department may take one or more of the following actions against the responsible
county grantee when authorized by division (B)(1), (2), (3), or (4) of this section: (1) Require the responsible county grantee to comply with a corrective action plan pursuant
to a time schedule specified by the department. The corrective action plan shall be established or approved by the department and
shall not require a county grantee to commit resources to the plan. (2) Require the responsible county grantee to comply with a corrective action plan pursuant
to a time schedule specified by the department. The corrective action plan shall be established or approved by the department and
require a county grantee to commit to the plan existing resources identified by the
agency. (3) Require the responsible county grantee to do one of the following: (a) Share with the department a final disallowance of federal financial participation
or other sanction or penalty; (b) Reimburse the department the final amount the department pays to the federal government
or another entity that represents the amount the responsible county grantee is responsible
for of an adverse audit finding, adverse quality control finding, final disallowance
of federal financial participation, or other sanction or penalty issued by the federal
government, auditor of state, or other entity; (c) Pay the federal government or another entity the final amount that represents the
amount the responsible county grantee is responsible for of an adverse audit finding,
adverse quality control finding, final disallowance of federal financial participation,
or other sanction or penalty issued by the federal government, auditor of state, or
other entity; (d) Pay the department the final amount that represents the amount the responsible county
grantee is responsible for of an adverse audit finding or adverse quality control
finding. (4) Impose an administrative sanction issued by the department against the responsible
county grantee. A sanction may be increased if the department has previously taken action against
the responsible entity under this division. (5) Perform, or contract with a government or private entity for the entity to perform,
the family services duty until the department is satisfied that the responsible county
grantee ensures that the duty will be performed satisfactorily. If the department performs or contracts with an entity to perform a family services
duty under division (C)(5) of this section, the department may do either or both of
the following: (a) Spend funds in the county treasury appropriated by the board of county commissioners
for the duty; (b) Withhold funds allocated or reimbursements due to the responsible county grantee
for the duty and spend the funds for the duty. (6) Request that the attorney general bring mandamus proceedings to compel the responsible
county grantee to take or cease the action that causes division (B)(1), (2), (3),
or (4) of this section to apply. The attorney general shall bring mandamus proceedings in the Franklin county court
of appeals at the department's request. (7) If the department takes action under this division because of division (B)(3) of
this section, temporarily withhold funds allocated or reimbursement due to the responsible
county grantee until the department determines that the responsible county grantee
is in compliance with the requirement. The department shall release the funds when the department determines that compliance
has been achieved. (D) If the department proposes to take action against the responsible county grantee
under division (C) of this section, the department shall notify the responsible county
grantee, director of the appropriate county family services agency, and county auditor. The notice shall be in writing and specify the action the department proposes to
take. The department shall send the notice by regular United States mail. Except as provided by division (E) of this section, the responsible county grantee
may request an administrative review of a proposed action in accordance with administrative
review procedures the department shall establish. The administrative review procedures shall comply with all of the following: (1) A request for an administrative review shall state specifically all of the following: (a) The proposed action specified in the notice from the department for which the review
is requested; (b) The reason why the responsible county grantee believes the proposed action is inappropriate; (c) All facts and legal arguments that the responsible county grantee wants the department
to consider; (d) The name of the person who will serve as the responsible county grantee's representative
in the review. (2) If the department's notice specifies more than one proposed action and the responsible
county grantee does not specify all of the proposed actions in its request pursuant
to division (D)(1)(a) of this section, the proposed actions not specified in the request
shall not be subject to administrative review and the parts of the notice regarding
those proposed actions shall be final and binding on the responsible county grantee. (3) In the case of a proposed action under division (C)(1) of this section, the responsible
county grantee shall have fifteen calendar days after the department mails the notice
to the responsible county grantee to send a written request to the department for
an administrative review. If it receives such a request within the required time, the department shall postpone
taking action under division (C)(1) of this section for fifteen calendar days following
the day it receives the request or extended period of time provided for in division
(D)(5) of this section to allow a representative of the department and a representative
of the responsible county grantee an informal opportunity to resolve any dispute during
that fifteen-day or extended period. (4) In the case of a proposed action under division (C)(2), (3), (4), (5), or (7) of
this section, the responsible county grantee shall have thirty calendar days after
the department mails the notice to the responsible county grantee to send a written
request to the department for an administrative review. If it receives such a request within the required time, the department shall postpone
taking action under division (C)(2), (3), (4), (5), or (7) of this section for thirty
calendar days following the day it receives the request or extended period of time
provided for in division (D)(5) of this section to allow a representative of the department
and a representative of the responsible county grantee an informal opportunity to
resolve any dispute during that thirty-day or extended period. (5) If the informal opportunity provided in division (D)(3) or (4) of this section does
not result in a written resolution to the dispute within the fifteen- or thirty-day
period, the director of job and family services or the director of children and youth
and representative of the responsible county grantee may enter into a written agreement
extending the time period for attempting an informal resolution of the dispute under
division (D)(3) or (4) of this section. (6) In the case of a proposed action under division (C)(3) of this section, the responsible
county grantee may not include in its request disputes over a finding, final disallowance
of federal financial participation, or other sanction or penalty issued by the federal
government, auditor of state, or entity other than the department. (7) If the responsible county grantee fails to request an administrative review within
the required time, the responsible county grantee loses the right to request an administrative
review of the proposed actions specified in the notice and the notice becomes final
and binding on the responsible county grantee. (8) If the informal opportunity provided in division (D)(3) or (4) of this section does
not result in a written resolution to the dispute within the time provided by division
(D)(3), (4), or (5) of this section, the director shall appoint an administrative
review panel to conduct the administrative review. The review panel shall consist of department employees and one director or other
representative of the type of county family services agency that is responsible for
the kind of family services duty that is the subject of the dispute and serves a different
county than the county served by the responsible county grantee. No individual involved in the department's proposal to take action against the responsible
county grantee may serve on the review panel. The review panel shall review the responsible county grantee's request. The review panel may require that the department or responsible county grantee submit
additional information and schedule and conduct an informal hearing to obtain testimony
or additional evidence. A review of a proposal to take action under division (C)(3) of this section shall
be limited solely to the issue of the amount the responsible county grantee shall
share with the department, reimburse the department, or pay to the federal government,
department, or other entity under division (C)(3) of this section. The review panel is not required to make a stenographic record of its hearing or
other proceedings. (9) After finishing an administrative review, an administrative review panel appointed
under division (D)(8) of this section shall submit a written report to the director
setting forth its findings of fact, conclusions of law, and recommendations for action. The director may approve, modify, or disapprove the recommendations. If the director modifies or disapproves the recommendations, the director shall
state the reasons for the modification or disapproval and the actions to be taken
against the responsible county grantee. (10) The director's approval, modification, or disapproval under division (D)(9) of this
section shall be final and binding on the responsible county grantee and shall not
be subject to further departmental review. (E) The responsible county grantee is not entitled to an administrative review under
division (D) of this section for any of the following: (1) An action taken under division (C)(6) of this section; (2) An action taken under section 5101.242 of the Revised Code ; (3) An action taken under division (C)(3) of this section if the federal government,
auditor of state, or entity other than the department has identified the responsible
county grantee as being solely or partially responsible for an adverse audit finding,
adverse quality control finding, final disallowance of federal financial participation,
or other sanction or penalty; (4) An adjustment to an allocation, cash draw, advance, or reimbursement to a responsible
county grantee that the department determines necessary for budgetary reasons; (5) Withholding of a cash draw or reimbursement due to noncompliance with a reporting
requirement established in rules adopted under section 5101.243 of the Revised Code ; (6) An action taken under division (C)(5) of this section if the department determines
that an emergency exists. (F) This section does not apply to other actions the department takes against the responsible
county grantee pursuant to authority granted by another state law unless the other
state law requires the department to take the action in accordance with this section. (G) The director of job and family services and children and youth may adopt rules in
accordance with Chapter 119. of the Revised Code as necessary to implement this section.
Frequently Asked Questions About Ohio § 5101.24
What does Ohio Revised Code § 5101.24 cover?
Section 5101.24 is part of the Ohio Revised Code, the codified statutory law of Ohio. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Ohio § 5101.24?
A common citation format is "Ohio Revised Code § 5101.24" (Ohio). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Ohio law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Ohio official source linked on this page or consult a licensed Ohio attorney.
How does Ohio § 5101.24 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Ohio can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Ohio.