Chapter 3793:1-1 General Provisions

R.C. 119.032 review dates: 07/23/2010 and 07/01/2015
Promulgated Under: 119.03
Statutory Authority: 3 793.02(D)
Rule Amplifies: 3793.02(D)
Prior Effective Dates: 7-10-92

3793:1-1-03 Cooperation with other organizations to coordinate service delivery to children and famiilies[sic].

(A) Purpose: The purpose of this rule is to establish guidelines for the coordination of services to children by agencies represented on local clusters and/or county councils and the Ohio family and children first cabinet council, which were created by section 121.37 of the Revised Code.

(B) Definitions:

(1) "Cabinet council" means the Ohio family and children first cabinet council created by division (A) of section 121.37 of the Revised Code.

(2) "Child" means a resident of Ohio who has not reached his/her twenty-first birthday.

(3) "Child with multiple needs" means a child whose service needs require the resources of two or more local agencies which are represented on the local cluster and/or county council.

(4) "Local agency" means an alcohol, drug addiction and mental health services board or an alcohol and drug addiction services board established under Chapter 340. of the Revised Code.

(5) "Local cluster and/or county council" means the county board created by division (D) of section 121.37 of the Revised Code, which is referenced in paragraph (E) of this rule.

(C) Division (A) of section 121.37 of the Revised Code creates the Ohio family and children first cabinet council. The cabinet council is required to be composed of the superintendent of public instruction and the directors of the department of alcohol and drug addiction services, department of youth services, department of human services, department of mental health, department of health, department of mental retardation and developmental disabilities, and office of budget and management. The chair of the cabinet council is the governor or his/her designee. The cabinet council shall establish procedures for its internal control and management. The purpose of the cabinet council is to help families desiring government services. Section 121.37 of the Revised Code shall not be interpreted or applied to usurp the role of parents, but solely to streamline and coordinate existing government services for families seeking assistance for their children. In seeking to fulfill its purpose, the cabinet council may do any of the following:

(1) Advise and make recommendations to the governor and general assembly regarding the provision of services to children,

(2) Advise and assess local governments on the coordination of service delivery to children,

(3) Hold meetings at such times and places as may be prescribed by the cabinet council's procedures and maintain records of such meetings, except those records which identify individual children are confidential and shall only be disclosed as provided by law,

(4) Develop programs and projects, including pilot projects, to encourage coordinated efforts at the state and local level to improve the state's social service delivery system,

(5) Enter into contracts with and administer grants to local clusters and/or county councils, as well as other county or multi-county organizations, to plan and coordinate service delivery between state agencies and local service providers for families and children,

(6) Enter into contracts with and apply for grants from federal agencies or private nonprofit organizations and

(7) On application of a local cluster and/or county council, grant an exemption from any rules adopted by a state department participating on the cabinet council if an exemption is necessary to implement a program for service delivery to families and children. The application shall describe the proposed program and specify the rules from which an exemption is necessary. The cabinet council shall approve or disapprove the application in accordance with standards which it shall adopt. An exemption shall be effective only during the period that the program is being implemented and a reasonable period during which the program is evaluated for effectiveness.

(D) The cabinet council shall review service and treatment plans for children with multiple needs for which such reviews are requested, and provide such assistance as the cabinet council determines to be necessary to meet the needs of children referred by local clusters and/or county councils.

(E) Division (D) of section 121.37 of the Revised Code requires each county to create a board which shall serve as the local cluster for services to youth, except that a county may establish a county family and children first council which shall assume the responsibilities of the local cluster. Each local cluster and/or county cluster shall be composed of the executive director of the local agency responsible for the administration of children services under section 5153.15 of the Revised Code. A representative of the respective regional office of the department of youth services, the superintendent of the county board of mental retardation and developmental disabilities, the executive director of the alcohol, drug addiction and mental health services board or the executive directors of mental health services boards and alcohol and drug addiction services boards, and the health commissioner of the board of health of each city or general health district in the county, or their designees. The superintendent of the city, exempted village, or local school district with the largest number of pupils residing in the county, as determined by the department of education, shall be a member of the local cluster and/or county council. The superintendent of all school districts with territory in the county, other than the city, exempted village, or local school district with the largest number of pupils residing in the county, shall meet and designate one of their number to represent them as a member of the local cluster and/or county council. A local cluster and/or county council may invite the juvenile court, or any other public or private agency or individual that provides services to children, to have a representative become a permanent or temporary member of the local cluster and/or county council. The local cluster and/or county council may also invite parents and other community leaders to become permanent or temporary members of the local cluster and/or county council. In seeking to fulfill its purpose, the local cluster and/or county council may do any of the following:

(1) Advise and make recommendations to the governor and general assembly regarding the provision of services to children,

(2) Hold meetings at such times and places as may be prescribed by the local cluster and/or county council's procedures and maintain records of such meetings, except those records which identify individual children are confidential and shall only be disclosed as provided by law,

(3) Develop programs and projects, including pilot projects to encourage coordinated efforts to improve the social delivery system,

(4) Enter into contracts and administer grants to plan and coordinate service delivery for families and children,

(5) Enter into contracts with and apply for grants from state and federal agencies or private non-profit organizations,

(6) Pool funds and/or develop other financing strategies to maximize the use of federal, state and local resources for services to families and children,

(7) Form a county council and apply to the cabinet council for an exemption from any rules adopted by a state department participating on the cabinet council if an exemption is necessary to implement a program for service delivery to families and children. The application shall describe the proposed program and specify the rules from which an exemption is necessary.

(F) Each local agency shall participate in the local cluster and/or county council established in its county and shall further work cooperatively with other members of the local cluster and/or county council to assure that services to children are delivered in a timely and coordinated manner and in the least restrictive environment. Each local agency or any member of the community shall bring to the attention of the local cluster and/or county council the case of any child or family who is a client of the local agency whose service needs have been assessed as not being able to be met by informal linkages to the other agencies within the county. At the request of the local cluster and/or county council, each local agency shall assess children who are not currently its clients to determine whether services are needed and can be provided by the local agency.

(G) Each local cluster and/or county council shall comply with the policies, procedures and activities prescribed by the rules adopted by a state department participating in the cabinet council to the extent that the local cluster and/or county council performs a function subject to those rules. Each local cluster and/or county council shall develop written policies and procedures for its efficient operation based upon guidance provided by the cabinet council. Such policies and procedures shall include a method for the appointment of a chairperson for the local cluster and/or county council.

(H) Upon referral of a child to it, the local cluster and/or county council shall, as soon as possible but no later than ninety days after the referral, develop and implement a joint service plan clearly describing the singular or joint service responsibilities to be performed on behalf of the child and/or his family by members of the local cluster and/or county council. The joint service plan shall also clearly delineate the allocation of service costs among local cluster and/or county council members. In cases where the service plan involves a child who is in the custody of a children services board, a county department of human services performing the county child welfare function, or the department of youth services, that board, department or regional office, as the case may be, shall also assume the primary responsibility for providing case management and record keeping services unless the joint service plan specifies otherwise. In all other cases, the primary responsibility for providing case management and record keeping services related to the joint service plan shall be assigned to a local cluster and/or county council member by consensus of the local cluster and/or county council, including the family, and such assignment shall be reflected in the joint service plan. The local agency designated as case manager shall obtain parental consent and input and shall keep the family informed of and involved in decisions made regarding services to be provided or denied.

(I) When a child who is subject to a joint service plan adopted pursuant to paragraph (H) of this rule, or recommended by the cabinet council pursuant to paragraph (J) of this rule, is determined by a local agency to no longer be in need of services provided by the local agency, such agency shall provide the local cluster and/or county council with written notification of that determination, including the reasons for that determination. Such notifications shall be provided at least thirty days prior to the planned or expected termination of services.

(J) In those instances where a local cluster and/or county council is unable to mutually devise a joint service plan for a child with multiple needs referred to it, or in those instances where the needs of a child cannot be met because existing or alternative programs and funding have been exhausted or are insufficient or inappropriate for the child and the family, the local cluster and/or county council shall refer the case to the cabinet council for a recommended resolution. The referral shall include evidence that the local cluster and/or county council has examined the case and attempted to resolve it locally and a proposed allocation of service costs to be borne by members of the local luster and/or county council. When there is a referral of a child with multiple needs to the cabinet council, the local cluster and/or county council shall notify the parent, guardian and any providers of services to or on behalf of the child of the referral. Notwithstanding a decision by the cabinet council on cases referred to it, each local cluster and/or county council shall be the final determiner of, and have responsibility for, the actual delivery of services necessary for the implementation of a joint service plan, including placement of the child, joint funding of services and overall management of the plan. The cabinet council may assist in funding a case referred by a local cluster and/or county council subject to applicable statutes, policies and appropriations available.

(K) Each local cluster and/or county council is responsible for coordination of the planning, developing and implementing of community based programs, services and resources to meet the needs of children and their families based upon community needs and available resources.

(L) Each local cluster and/or county council shall make periodic reports to the cabinet council regarding the number of children referred to the local cluster and/or county council and the progress made in meeting the needs of such children. At the request of the cabinet council, a local cluster and/or county council shall also provide periodic reports of the implementation status of joint service plans recommended by the cabinet council pursuant to paragraph (J) of this rule.

(M) Case records held by the cabinet council and each local cluster and/or county council are confidential. Each member of a local cluster and/or county council shall follow the appropriate confidentiality procedures when exercising its responsibilities. Non-governmental parties to state or local cluster and/or county council proceedings shall maintain the confidentiality of case records.

119.032 Review date: 9-1-00

Rule promulgated under: RC 119.03

Rule authorized by: RC 121.37

Rule amplifies: RC 121.37

Prior effective dates: Eff 5-12-94

3793:1-1-04 Department participation in construction or renovation of community residential treatment and outpatient facilities for alcohol and drug addiction services.

(A) The purpose of this rule is describe the process whereby a government entity or private nonprofit agency incorporated to provide alcohol and drug addiction services may request state participation in construction or renovation of a certified residential and/or outpatient facilities for alcohol and drug addiction services to the extent that funds are available. The rule applies to funding appropriated by the general assembly to the department or funding appropriated by the general assembly to a specific alcohol and drug addiction program or board created under Chapter 340. of the Revised Code.

(B) The department shall set forth the criteria upon the availability of funds and provide notification of the funding availability. The department shall provide instructions to present an application that would result in recommended funding.

(C) Requirements for assistance under this section for funding that is not appropriated to a specific provider or board shall be as follows:

(1) Documentation that the project is consistent with their respective alcohol, drug addiction and mental health services board or alcohol and drug addiction services board, established by Chapter 340. of the Revised Code, community plan priorities.

(2) A notarized letter verifying proof of at least a twenty per cent match from the agency or the amount of match determined by the director pursuant to division (A) (3) of section 3793.20 of the Revised Code.

(3) Projects must include a written recommendation by their respective alcohol, drug addiction and mental health services board or alcohol and drug addiction services board supporting their application.

(4) Projects must fund an alcohol, drug addiction and mental health services board, an alcohol and drug addiction services board and/or an ODADAS certified non-profit provider.

(D) Prior to the disbursement of any state funds, the applicant shall enter into an agreement with the department which, subject to the department's discretion, shall contain at a minimum, the provisions set forth below:

(1) The applicant shall assure operation of the facility in accordance with the agreement.

(2) The applicant agrees to use and maintain the project for the length of the agreement for the purposes stated in the application unless otherwise agreed to in writing by the department. If the project ceases to be used for said purpose, the applicant shall reimburse the department a prorated amount of the state funds received by the applicant, or shall permit the department to operate or transfer the operation of the project, including the assignment of any contracts or other interests, to another approved organization for the balance of the agreement.

(3) The terms of the agreement shall expire the earlier of:

(a) Twenty-five years from date of the agreement, or

(b) The date when all capital bonds, any of the proceeds of which were expended for the project costs, are no longer outstanding.

(4) Applicant must agree to spend funds as proposed in the application unless the applicant submits a written change of intent request and obtains written approval from the department.

(5) The applicant must require all contractors and subcontractors to comply with all applicable federal, state and local laws in the performance of the work related to the project. The contractors and subcontractors shall accept full responsibility for payment of all unemployment compensation, insurance premiums, all income tax deductions, social security deductions and any and all other taxes or payroll deductions required for all employees engaged by the contractors and subcontractors in the performance of the work authorized by this contract.

(6) Applicant must agree to locate the project, or indicate that the project will be located upon real estate which the applicant owns in fee simple or in which the applicant has a long-term leasehold interest for a term of at least twenty-five years. Where the applicant holds a leasehold interest, the terms of lease are subject to the department's approval. The applicant must further covenant that the premises are, and shall remain for the term of the participation agreement, free and clear of all liens, encumbrances, restrictions and conditions which could prevent or interfere with the use of the project facilities, except such as may be imposed by zoning ordinances and regulation.

(7) The applicant shall grant the department a mortgage in the project premises to secure that the funds awarded for the project are used as specified in the agreement between applicant and the department. Where applicant holds a leasehold interest, applicant shall assist the department in obtaining a mortgage from the owner of the premises for the aforementioned purpose, or subject to the department's approval, the applicant shall provide the department an alternate security.

(8) The applicant shall obtain the services of registered architects or engineers to perform any design work required for the project through the department of administrative services, general services administration, state architect's 3793:1-1-04 2 office (SAO). The applicant shall also select a contractor through SAO.

(9) The applicant may be required to deposit matching funds into an escrow account maintained by the department.