5101:9-6-25 "ProtectOhio" funding.

(A) "ProtectOhio" is a child welfare demonstration project designed to reduce the number of children in foster care, decrease the amount of time children remain in foster care, and promote adoptions. The program allows greater flexibility in spending federal funds appropriated under Title IV-E of the Social Security Act (SSA) of 1935.

(B) Title IV-E funds

(1) The United States department of health and human services (HHS) waives various provisions of the Social Security Act (SSA) of 1935 and the Code of Federal Regulations to permit approved waiver counties participating in the demonstration project to expend Title IV-E foster care maintenance (FCM) on services and children that are not otherwise allowable or eligible under Title IV-E. The catalog of federal domestic assistance (CFDA) number is 93.658.

(2) The Ohio department of job and family services (ODJFS) advances Title IV-E foster care maintenance (FCM) funds as a capitation rather than as a reimbursement under the "ProtectOhio" demonstration project. ODJFS multiplies the following two variables to determine the initial aggregate payment that is made to each approved waiver county for the federal fiscal year (FFY):

(a) Projected number of placement days; and,

(b) Inflation adjusted per diem cost.

(3) ODJFS sends approved waiver counties one-twelfth of their annual capitation in monthly installments on a FFY basis.

(C) Non-federal share requirement

(1) Each public children services agency (PCSA) that is an approved waiver county shall provide the non-federal requirement for the capitation payment that it will receive during the demonstration.

(2) ODJFS advises each PCSA of the amount of non-federal share that is required for each multiple of ten dollars or fraction thereof in capitation revenue that is paid to the PCSA during each budget year.

(3) The PCSA shall act to reserve the non-federal share requirement for each capitation payment within ten business days of the deposit of the capitation payment into the county children services fund by the county auditor.

(a) The PCSA may advance reserve the non-federal share requirement for projected capitation payments at its discretion.

(b) A PCSA that reserves the non-federal share requirement in advance for its projected capitation payments shall not reserve an additional non-federal share until the following conditions are met:

(i) The aggregate total amount of the reserved non-federal share is insufficient; and

(ii) The aggregate total amount cannot fully support the non-federal share requirement for the aggregate sum of capitation payments received by the PCSA during the current demonstration budget cycle.

(c) The PCSA shall act within ten days to reserve additional non-federal share funds in an amount that is at least adequate to meet the variance between the reserved amount and the required amount. A PCSA may recoup the non-federal share within ten days of the notice of a negative impact on the current year's demonstration capitation amount as a result of a negative adjustment of the prior demonstration year's reconciliation.

(d) ODJFS shall not view a PCSA's failure to fully reserve its non-federal share requirement within the prescribed ten business day period as a violation of this policy when the following criteria has been met:

(i) The PCSA demonstrates that the failure was solely attributable to timing issues associated with the disbursement of county tax revenues due to the PCSA; or

(ii) The PCSA shows that it has fully met its non-federal share requirement by the close of each demonstration budget year.

(D) Fiscal accountability and reporting

(1) Approved waiver counties shall establish a sub-account within the PCSA general ledger into which the county will record receipt of capitation payments and the required non-federal share. Disbursements shall also be recorded in this sub-account.

(2) ODJFS has established separate financial coding for approved waiver counties in the county finance information system (CFIS). To utilize this funding, the PCSA shall report expenditures and deposits of required non-federal share using these CFIS codes.

(3) The PCSA shall finance the non-federal share from the local and/or state cash that would otherwise be allowable for use by the PCSA as the non-federal share for normal FCM claims under Title IV-E.

(4) Revenues and expenditures, including actual FCM payments, relating to the demonstration project shall be reported as described in rule 5101:9-7-29 of the Administrative Code.

(5) PCSAs may use "ProtectOhio" funding in the quarterly social services random moment sample (SSRMS)/certification of funds process to cover non-allocated administrative expenditures.

(6) At the completion of the FFY, ODJFS performs a reconciliation of the projected number of placement days to the actual number of placement days allowed. This reconciliation may result in increased or decreased payments to approved waiver counties participating in the demonstration project.

(E) The definitions, requirements, and responsibilities contained in rule 5101:9-6-50 of the Administrative Code are applicable to this rule.

Effective: 7/7/2016
Five Year Review (FYR) Dates: 04/20/2016 and 07/07/2021
Promulgated Under: 119.03
Statutory Authority: 5101.142
Rule Amplifies: 5101.141
Prior Effective Dates: 1/26/98, 3/2/98, 7/2/02 (Emer), 9/28/02, 4/22/04, 12/1/05, 2/13/11