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Ohio Laws and Rules
(A) A county family services agency (CFSA), as defined in section 307.981 of the Revised Code, may request an inter-county adjustment of funding for any state or federal allocation.
(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 adjustment of funds will be entered into by the agencies involved. ODJFS will not be a party to or participate in any proposed or final inter-county adjustment agreements between any CFSA. However, in the event there are funding problems with one or more of the funds, the director of ODJFS may limit fund sources, either partially or totally, that are available for an exchange of allocation amounts between counties.
(C) The director of 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) ODJFS notifies the CFSA of county allocation funding levels through addendums to its subgrant agreements with ODJFS. The allocation amounts listed in the addendum will be the maximum amounts eligible for the inter-county adjustment of allocated funds.
(E) If funding level reductions or increases occur during the funding period, 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. The funding period is the period in which services are performed and/or provided. 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 CFSA.
(G) A CFSA requesting ODJFS to notify other counties that additional funding may be available or that it has a need for additional funding shall submit the JFS 02718 "Notice of Intent to Participate in Inter-county Adjustment of Allocated Funds" (rev. 5/2011).
(1) A CFSA submitting a JFS 02718 shall mail, e-mail or submit via facsimile a copy to the bureau of county finance and technical assistance (BCFTA).
(2) ODJFS will maintain information regarding requests for fund adjustments and the availability of funds on the ODJFS website to provide ongoing notification regarding potential inter-county transfer options.
(H) The boards of county commissioners of the counties or, for a stand-alone public children services agency (PCSA), the county children services board involved in the inter-county adjustment of allocated funds must pass a resolution to approve the request; except as provided in paragraph (H)(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 funding period;
(b) A covenant that mandated services will be provided in the county for the remainder of the funding period, 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 funding period, 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 funding period caseload;
(ii) A reduction in the cost for service delivery; and
(iii) Other demonstrated cost changes having an effect in the need for funding for the current funding period.
(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 funding period 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 funding period 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 funding period 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.
(I) The JFS 02719 "Inter-county Agreement and Certification Release and Acceptance of Funds" (rev. 5/2011), stipulating the specific inter-county adjustment of allocation information, shall serve as the agreement between the counties involved in the transaction. ODJFS will not be a party to or participate in the county agreement process.
A copy of the agreement shall be submitted to ODJFS, office of fiscal and monitoring services, and, if applicable, the appropriate ODJFS program area. The agreement will serve as a request for allocated funds adjustment and must be received by ODJFS no later than the last date of the funding period.
(J) ODJFS will execute the requested adjustment of funds upon the receipt, from the counties involved in the transaction, of a properly completed JFS 02719 and the county commissioner resolution or county prosecutor opinion.
(1) ODJFS will reduce the allocation for funds as specified on the JFS 02719 and requested by the releasing county;
(2) ODJFS will increase the allocation for funds as specified on the JFS 02719 and requested by the accepting county; and
(3) Upon completion of the fund-adjustment, ODJFS will send an electronic notification to the CFSA involved.
(K) Final transaction information will be posted to the ODJFS website following ODJFS receipt of the properly completed JFS 02719 after the allocations have been adjusted. ODJFS will maintain the historical adjustment information on the ODJFS website for a period of three state fiscal years following the end of the funding period.
(L) 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.
(M) Inter-county agreements can only be made between similar CFSAs. Public assistance (PA) funds can only be transferred for other (PA) funds. Public child welfare agency (PCSA) funds can only be transferred for other PCSA funds. Child support enforcement agency (CSEA) funds can only be transferred for other CSEA funds.
(N) The approval by ODJFS to adjust the allocation of a CFSA pursuant to this rule is for the funding period during the state fiscal year in which it is made and does not obligate ODJFS to any future allocation increase to the CFSA.
(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.
(P) The definitions, requirements and responsibilities contained in rule 5101:9-6-50 of the Administrative Code are applicable to this rule.
Effective:
05/31/2011
Promulgated Under:
111.15
Statutory
Authority:
5101.02,
5101.161,
5101.46
Rule
Amplifies:
5101.02,
5101.16,
5101.161,
5101.46,
5101.54,
5107.05,
5111.01,
5115.03
Prior
Effective Dates: 9/15/05, 11/6/09, 10/1/10