Lawriter - OAC - 5101:9-6-82 Inter-county adjustment of allocations.

5101:9-6-82 Inter-county adjustment of allocations.

(A) The inter-county adjustment of allocations is a process for county family services agencies (CFSAs), as defined in rule 5101:9-6-50 of the Administrative Code, to facilitate inter-county allocation requests for additional and/or release of funds.

(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 the completion, acceptance, and submission of the inter-county transfer budget request in the county finance information system (CFIS). Proposed transactions and final agreements regarding the adjustment of funds will be initiated and entered into by the agencies involved. ODJFS will not be a party to or participate in any proposed or final inter-county adjustment agreements with 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) ODJFS notifies the CFSA of county allocation funding levels through subgrant notices issued through CFIS. The allocation amounts listed in the CFIS notice, less any draws against the allocation amounts, will be the maximum amount eligible for the inter-county adjustment of allocated funds.

(D) 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.

(E) Inter-county agreements can only be made between similar CFSAs. Agreements involving public assistance (PA) funds can only be made between county departments of job and family services (CDJFSs). Agreements involving public children service agency (PCSA) funds can only be made between PCSAs. Agreements involving child support enforcement agency (CSEA) funds can only be made between CSEAs.

(F) When two CFSAs agree to an inter-county transfer of funding, each CFSA shall complete the inter-county transfer budget request in CFIS which shall serve as the agreement between the county directors involved in the transaction.

(1) The director of the CFSA or another designee releasing funds is certifying the following when submitting an inter-county transfer budget request in CFIS:

(a) Sufficient funding levels remain to provide mandated services for the remainder of the funding period;

(b) If the funding source is temporary assistance for needy families (TANF), Ohio works first (OWF), medicaid, or food assistance (FA) funding, all mandated services for the remainder of the state fiscal year (SFY) will be provided, regardless of funding; and

(c) The fund release does not leave the county with an amount below the previous SFY expenditure level.

(2) A resolution passed by the board of county commissioners of each county shall be attached to the inter-county transfer budget request in CFIS.

(3) The board of county commissioners may pass a resolution:

(a) Assigning authority to the director of the CFSA to serve as their designee on behalf of the county for a specific period of time to release and/or accept funds;

(b) Assigning authority to another party to serve as designee on behalf of the county for a specific period of time to release and/or accept funds; or

(c) Agreeing to enter in the inter-county adjustment agreement with a specific county with specific amounts.

(4) The submittal of the inter-county transfer budget request in CFIS will serve as a request for allocated funds adjustment and must be received by ODJFS no later than the last date of the liquidation period of the funds being transferred.

(G) Upon the timely receipt of a properly completed inter-county transfer budget request in CFIS and county commissioner resolution(s), ODJFS will execute the requested adjustment of funds from the counties involved in the transaction.

(1) ODJFS will reduce the allocation for funds as specified on the inter-county transfer budget request in CFIS;

(2) ODJFS will increase the allocation for funds as specified on the inter-county transfer budget request in CFIS; and

(3) Upon completion of the fund-adjustment, ODJFS will notify the CFSA that revised subgrant notices are available in CFIS.

(H) The approval by ODJFS to adjust the allocation of a CFSA pursuant to this rule is for the funding and liquidation period during the fiscal year in which it is made and does not obligate ODJFS to any future allocation increase to the CFSA.

(I) 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.

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

Replaces: 5101:9-6-82

Effective: 4/1/2018
Promulgated Under: 111.15
Statutory Authority: 5101.161, 5101.46, 5101.02
Rule Amplifies: 5162.03, 5101.02 , 5101.16 , 5101.161, 5101.46, 5101.54, 5107.05
Prior Effective Dates: 09/15/2005, 11/06/2009, 10/01/2010, 05/31/2011, 08/30/2013