LAW
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Ohio Laws and Rules
(A) Effective with state fiscal year (SFY) 2006, a county department of job and family services (CDJFS) may request an inter-county adjustment of CDJFS funding for the following allocations:
(1) County child care and child care quality as contained in rule 5101:9-6-11 of the Administrative Code;
(2) Federal social services as contained in rule 5101:9-6-12 of the Administrative code;
(3) Food stamp employment and training (FSET) as contained in rule 5101:9-6-09 of the Administrative Code;
(4) Income maintenance (IM) control as contained in rule 5101:9-6-05 of the Administrative Code;
(5) Refugee resettlement social services (RRSS) as contained in rule 5101:9-6-16 of the Administrative Code;
(6) State operating as contained in rule 5101:9-6-10 of the Administrative Code;
(7) Temporary assistance to needy families (TANF) as contained in rule 5101:9-6-08 of the Administrative Code;
(8) Federal social services Title XX TANF as contained in rule 5101:9-6-12.1 of the Administrative Code; and
(9) “Child Care 2” as contained in rule 5101:9-6-11.1 of the Administrative Code.
(B) Subject to the requirement of this rule, the Ohio department of job and family services (ODJFS) will execute the request to adjust allocated funds based on a final inter-county adjustment agreement. Proposed transactions and final agreements regarding the inter-county adjustment of funds will be entered into by the counties involved. The ODJFS will not be a party to or participate in any proposed or final inter-county adjustment agreements between CDJFS agencies. However, in the event there are funding problems with one or more of the funds, the director of the ODJFS may limit fund sources, either partially or totally, that are available for an exchange of allocation amounts between counties.
(C) The director of the ODJFS has sole discretion to suspend this rule at any time, should disputes arise from potential or perceived unfairness or inequality regarding these adjustment agreements. There shall be no appeal rights to the suspension or abolishment of this rule.
(D) County agencies are notified of county allocation funding levels through ODJFS allocation letters sent to the county agency. The allocation amounts listed in the allocation funding letter will be the maximum amounts eligible for the inter-county adjustment of allocated funds.
(E) If funding level reductions or increases occur during the fiscal year, allocation dollar amount changes will be made proportionate to the certified allocation dollar amounts that ODJFS has on record as of the effective date for the announced funding level change. Pending adjustments will not be a factor in the calculation.
(F) ODJFS will maintain a website for the purpose of posting information regarding the inter-county information submitted by the CDJFS.
(G) Where a CDJFS has funding available or a need for additional funds, the CDJFS shall submit the JFS 02718 “Notice of Intent to Participate in Inter-county Adjustment of Allocated Funds”.
(1) Requests from the CDJFS to participate in the adjustment of funds shall be mailed, e-mailed, or submitted via facsimile to the bureau of county finance and technical assistance (BCFTA).
(2) Information regarding requests for fund adjustments and the availability of funds will be maintained on the website until the second adjustment period has expired.
(H) The inter-county adjustment of funds shall be limited to two thirty-calendar-day periods annually, beginning:
(1) On September fifteenth; and
(2) On March fifteenth.
(I) Both boards of county commissioners of the counties involved in the request for inter-county adjustment of allocated funds must have passed a resolution to approve the request; except as provided in paragraph (I)(3) of this rule.
(1) The resolution to approve the release of funds must include, at a minimum, all of the following:
(a) A covenant that sufficient funding levels remain to provide mandated services for the remainder of the state fiscal year;
(b) A covenant that mandated services will be provided in the county for the remainder of the state fiscal year, regardless of funding; and
(c) Certification that the release of funds will not leave the county at a funding level below the expenditure level of the preceding state fiscal year, unless documented justification is provided. The documented justification must include, at a minimum, all of the following:
(i) A significant caseload decline when compared with the previous year’s caseload;
(ii) A reduction in the cost for service delivery; and/or
(iii) Other demonstrated cost changes having an effect in the need for funding for the current fiscal year.
(d) Statement regarding the approval expiration date that:
(i) Allocated funds may be authorized for a one-time adjustment; or
(ii) Allocated funds may be authorized for adjustment through the end of the state fiscal year in which the resolution is adopted.
(2) The resolution from the board of county commissioners of the county accepting the funds must include, at a minimum, all of the following:
(a) Justification for the need of additional funding to include at least one of the following:
(i) A significant caseload increase when compared with previous year’s caseload;
(ii) An increase in the cost for service delivery; and/or
(iii) Other demonstrated changes in cost having an effect on the need for additional funding.
(b) Statement regarding the approval expiration date that:
(i) Allocated funds may be authorized for a one-time adjustment; or
(ii) Allocated funds may be authorized for adjustment through the end of the state fiscal year in which the resolution is adopted.
(3) If the prosecutor for a county involved in the request for adjustment of funds issues a written opinion that one or more members of his or her respective board of county commissioners, or other specified county official, has the legal authority to enter into an agreement without a resolution to adjust allocated funds between counties, ODJFS may accept the written agreement signed by the designated members of the board of county commissioners or other specified county official. The written opinions of the county prosecutor must be attached to the agreement. ODJFS will consider the county prosecutor’s written opinion is in effect until the opinion is modified or revoked by the county prosecutor of the county in which the opinion was originally rendered.
(J) The JFS 02719 “Inter-county Agreement and Certification Release and Acceptance of Funds”, stipulating the specific inter-county adjustment of allocation information, shall serve as the agreement between the counties involved. ODJFS will not be a party to or participate in the county agreement process.
(1) The completed agreement and documentation must be submitted to ODJFS no later than thirty calendar days from the adjustment periods;
(2) A copy of the agreement shall be submitted to ODJFS, office of fiscal services, and, if applicable, the appropriate ODJFS program area, and will serve as a request for allocated funds adjustment
(3) Requests for funds-adjustment postmarked after October fifteenth, for the first adjustment period of the state fiscal year, will be processed by ODJFS during the second adjustment period of the state fiscal year;
(4) Requests for funds-adjustment postmarked after April fourteenth, for the second adjustment period of the state fiscal year, will be returned to the counties unprocessed.
(K) ODJFS will execute the requested adjustment of funds upon the timely receipt, from the counties involved in the transaction, a properly completed JFS 02719 “Inter-County Agreement and Certification Release and Acceptance of Funds”, and the county commissioner resolution or county prosecutor opinion.
(1) ODJFS will reduce the allocation for funds in paragraphs (A)(1) to (A)(9) of this rule as specified on the JFS 02719 and requested by the releasing county;
(2) ODJFS will increase the allocation for funds in paragraph (A)(1) to (A)(9) of this rule as specified on the JFS 02719 and requested by the accepting county; and
(3) Upon completion of the fund-adjustment, ODJFS will send a revised allocation letter to the counties involved and post the updated information.
(L) Final transaction information will be posted to the website following ODJFS receipt of the properly completely JFS 02719 “Inter-county Agreement and Certification Release and Acceptance of Funds” and the allocations having been adjusted. ODJFS will maintain the historical adjustment information on the website for a period of three state fiscal years.
(M) The inter-county request to adjust funds may impact future expenditure trends. ODJFS may use the adjusted fund information to assess future allocation formulas where such changes are statistically supported and deemed necessary to address local service delivery funding needs.
(N) The approval by ODJFS to adjust the allocation of a CDJFS pursuant to this rule is for the fiscal year in which it is made and does not obligate ODJFS to any future allocation increase to the CDJFS.
(O) Nothing in this rule should be interpreted or construed to replace, amend, or supersede the requirements of rule 5101:9-6-02 of the Administrative Code.
Effective: 09/15/2005
Promulgated Under: 111.15
Statutory Authority: 5101.02, 5101.161, 5101.46, 5101.54, 5107.05, 5115.03
Rule Amplifies: 5101.02, 5101.16, 5101.161, 5101.46, 5101.54, 5107.05, 5111.01, 5115.03