Ohio § 5101.46

§ 5101.46.

(A) As used in this section: (1) “ Title XX ” means Title XX of the “Social Security Act,” 88 Stat. 2337 (1974), 42 U.S.C.A. 1397 , as amended. (2) “ Respective local agency ” means, with respect to the department of job and family services and the department

of children and youth, a county department of job and family services;  with respect

to the department of mental health and addiction services, a board of alcohol, drug

addiction, and mental health services;  and with respect to the department of developmental

disabilities, a county board of developmental disabilities. (3) “ Federal poverty guidelines ” means the poverty guidelines as revised annually by the United States department

of health and human services in accordance with section 673(2) of the “Omnibus Budget

Reconciliation Act of 1981,” 95 Stat. 511, 42 U.S.C.A. 9902 , as amended, for a family size equal to the size of the family of the person whose

income is being determined. (B) The departments of job and family services, children and youth, mental health, and

developmental disabilities, with their respective local agencies, shall administer

the provision of social services funded through grants made under Title XX.  The social services furnished with Title XX funds shall be directed at the following

goals: (1) Achieving or maintaining economic self-support to prevent, reduce, or eliminate dependency; (2) Achieving or maintaining self-sufficiency, including reduction or prevention of dependency; (3) Preventing or remedying neglect, abuse, or exploitation of children and adults unable

to protect their own interests, or preserving, rehabilitating, or reuniting families; (4) Preventing or reducing inappropriate institutional care by providing for community-based

care, home-based care, or other forms of less intensive care; (5) Securing referral or admission for institutional care when other forms of care are

not appropriate, or providing services to individuals in institutions. (C)(1) All federal funds received under Title XX shall be appropriated as follows: (a) Seventy-two and one-half per cent to the department of job and family services and

the department of children and youth; (b) Twelve and ninety-three one-hundredths per cent to the department of mental health

and addiction services; (c) Fourteen and fifty-seven one-hundredths per cent to the department of developmental

disabilities. (2) Each of the state departments shall, subject to the approval of the controlling board,

develop a formula for the distribution of the Title XX funds appropriated to the department

to its respective local agencies.  The formula developed by each state department shall take into account all of the

following for each of its respective local agencies: (a) The total population of the area that is served by the respective local agency; (b) The percentage of the population in the area served that falls below the federal

poverty guidelines; (c) The respective local agency's history of and ability to utilize Title XX funds. (3) Each of the state departments shall expend for state administrative costs not more

than three per cent of the Title XX funds appropriated to the department. Each state department shall establish for each of its respective local agencies the

maximum percentage of the Title XX funds distributed to the respective local agency

that the respective local agency may expend for local administrative costs.  The percentage shall be established by rule and shall comply with federal law governing

the use of Title XX funds.  The rules shall be adopted in accordance with section 111.15 of the Revised Code as if they were internal management rules. (4) The department of job and family services and the department of children and youth,

as applicable, shall expend for the training of the following not more than two per

cent of the Title XX funds appropriated to the department: (a) Employees of county departments of job and family services; (b) Providers of services under contract with the state departments' respective local

agencies; (c) Employees of a public children services agency directly engaged in providing Title

XX services. (5) Title XX funds distributed for the purpose of providing family planning services

shall be distributed by the respective local agencies according to the same order

of priority that applies to the department of job and family services under section 5101.101 of the Revised Code . (D) The department of job and family services and the department of children and youth

shall prepare an annual comprehensive Title XX social services plan on the intended

use of Title XX funds.  The departments shall develop a method for obtaining public comment during the development

of the plan and following its completion. For each federal fiscal year, the department of job and family services and the department

of children and youth shall prepare a report on the actual use of Title XX funds.  The department shall make the annual report available for public inspection. The departments of mental health and addiction services and developmental disabilities

shall prepare and submit to the department of job and family services the portions

of each annual plan and report that apply to services for mental health and developmental

disabilities.  Each respective local agency of the three state departments shall submit information

as necessary for the preparation of annual plans and reports. (E) Each county department of job and family services shall adopt a county profile for

the administration and provision of Title XX social services in the county.  In developing its county profile, the county department shall take into consideration

the comments and recommendations received from the public by the county family services

planning committee pursuant to section 329.06 of the Revised Code .  As part of its preparation of the county profile, the county department may prepare

a local needs report analyzing the need for Title XX social services. The county department shall submit the county profile to the board of county commissioners

for its review.  Once the county profile has been approved by the board, the county department shall

file a copy of the county profile with the department of job and family services.  The department shall approve the county profile if the department determines the

profile provides for the Title XX social services to meet the goals specified in division

(B) of this section. (F) Any of the three state departments and their respective local agencies may require

that an entity under contract to provide social services with Title XX funds submit

to an audit on the basis of alleged misuse or improper accounting of funds.  If an audit is required, the social services provider shall reimburse the state

department or respective local agency for the cost it incurred in conducting the audit

or having the audit conducted. If an audit demonstrates that a social services provider is responsible for one or

more adverse findings, the provider shall reimburse the appropriate state department

or its respective local agency the amount of the adverse findings.  The amount shall not be reimbursed with Title XX funds received under this section.  The three state departments and their respective local agencies may terminate or

refuse to enter into a Title XX contract with a social services provider if there

are adverse findings in an audit that are the responsibility of the provider. (G) Except with respect to the matters for which each of the state departments must adopt

rules under division (C)(3) of this section, the department of job and family services

and the department of children and youth may adopt any rules they consider necessary

to implement and carry out the purposes of this section.  Rules governing financial and operational matters of the departments or matters

between the departments and county departments of job and family services shall be

adopted as internal management rules in accordance with section 111.15 of the Revised Code .  Rules governing eligibility for services, program participation, and other matters

pertaining to applicants and participants shall be adopted in accordance with Chapter

119. of the Revised Code.