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

(A) A county family services agency (CFSA), as defined in rule 5101:9-1-16 of the Administrative 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 between the involved directors of the CFSA. 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) ODJFS notifies the CFSA of county allocation funding levels through subgrant notices issued through the county finance information system (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) 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) to the bureau of county finance and technical assistance (BCFTA). ODJFS will maintain a website for the purpose of posting information regarding the inter-county information submitted by the CFSA.

(F) When two CFSAs agree to an inter-county transfer of funding, each CFSA shall complete the JFS 02719 "Inter-county Agreement and Certification Release and Acceptance of Funds" (rev. 7/2013), which shall serve as the agreement between the county directors involved in the transaction.

(1) The director of the CFSA or another designee shall sign the JFS 02719. A resolution passed by the board of county commissioners of each county shall be attached to the JFS 02719.

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

(a) Assigning authority to the director of the CFSA to serve as their designee, thereby granting the director the authority to sign the inter-county adjustment agreement on behalf of the county for a specific period of time;

(b) Assigning authority to another party to serve as designee and therefore, grant that party authority to sign the inter-county adjustment agreement on behalf of the county for a specific period of time; or

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

(3) A copy of the JFS 02719 agreement, along with the county commissioner resolution, shall be submitted to ODJFS, office of fiscal and monitoring services. 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 liquidation period of the funds being transferred.

(G) Upon the timely receipt of a properly completed JFS 02719 and county commissioner resolution, 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 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 revised subgrant notices to the CFSA involved.

(H) Inter-county agreements can only be made between similar CFSAs. Public assistance (PA) funds can only be transferred for other (PA) funds. Public children services 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.

(I) 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.

(J) 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.

(K) 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: 08/30/2013
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, 5/31/11