Ohio Revised Code Search
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Section 5101.146 | Establishing penalties for noncompliance with fiscal accountability procedures.
...of the department, for the failure of a public children services agency, private child placing agency, private noncustodial agency, or government entity that provides Title IV-E reimbursable placement services to children to comply with procedures the department establishes to ensure fiscal accountability: (A) For initial failure, the department and the agency or entity involved shall jointly develop and implement... |
Section 5101.147 | Notification of agency's noncompliance with fiscal accountability procedures.
...If a public children services agency fails to comply with the fiscal accountability procedures established by the department of children and youth, the department shall notify the board of county commissioners of the county served by the agency. If a private child placing agency or private noncustodial agency fails to comply with the fiscal accountability procedures, the department shall notify the executive director... |
Section 5101.148 | No unnecessarily removal of children from certified foster homes.
...tment of children and youth sanctions a public children services agency, private child placing agency, or private noncustodial agency, it shall take every possible precaution to ensure that any foster children that have been placed by the agency under sanction are not unnecessarily removed from the certified foster homes in which they reside. |
Section 5101.149 | Prohibiting personal loans.
...Money from the children services fund shall not be used to provide a personal loan to any individual. |
Section 5101.1410 | Certifying a claim.
...ake action under that section against a public children services agency, private child placing agency, private noncustodial agency, or government entity that provides Title IV-E reimbursable placement services to children if all of the following are the case: (A) The agency or entity files a cost report with the department pursuant to rules adopted under division (B) of section 5101.141 of the Revised Code. (B)... |
Section 5101.1411 | Federal payments for foster care and adoption assistance.
...(A)(1) The director of job and family services shall, not later than nine months after September 13, 2016, the effective date of H.B. 50 of the 131st general assembly, submit an amendment to the state plan required by 42 U.S.C. 671 to the United States secretary of health and human services to implement 42 U.S.C. 675(8) to make federal payments for foster care under Title IV-E directly to, or on behalf of, any emanci... |
Section 5101.1412 | Voluntary participation agreement for child's care and placement.
...(A) Without the approval of a court, an emancipated young adult who receives payments, or on whose behalf payments are received, under division (A) of section 5101.1411 of the Revised Code, may enter into a voluntary participation agreement with the department of children and youth, or its representative, for the emancipated young adult's care and placement. The agreement shall stay in effect until one of the followi... |
Section 5101.1413 | Payment of nonfederal share.
...ction 5101.1411 of the Revised Code. No public children services agency shall be responsible for the cost of any payments made pursuant to section 5101.1411 of the Revised Code. |
Section 5101.1414 | Adoption of rules.
...(A) The department of children and youth shall adopt rules necessary to carry out the purposes of sections 5101.1411 to 5101.1413 of the Revised Code, including rules that do all of the following: (1) Allow an emancipated young adult described in division (A)(1) of section 5101.1411 of the Revised Code who is directly receiving foster care payments, or on whose behalf such foster care payments are received, or an ... |
Section 5101.1415 | Person eligible for temporary or permanent custody until age twenty-one.
...The provisions of divisions (A) and (D) to (G) of section 5101.1411 of the Revised Code shall not apply if the person is eligible for temporary or permanent custody until age twenty-one pursuant to a dispositional order under sections 2151.353, 2151.414, and 2151.415 of the Revised Code. |
Section 5101.1416 | Kinship guardianship assistance.
...(A) Not later than nine months after the effective date of this section , the director of job and family services shall submit an amendment to the state plan required by 42 U.S.C. 671 to the United States secretary of health and human services to implement 42 U.S.C. 673(d) to provide kinship guardianship assistance under Title IV-E on behalf of a child to a relative who meets the following requirements: (1) The re... |
Section 5101.1417 | Rules to carry out federal foster care, adoption, and kinship guardian assistance.
...The department of children and youth shall adopt rules necessary to carry out the purposes of sections 5101.141, 5101.1411, and 5101.1416 of the Revised Code, and 42 U.S.C. 673(d) of the "Social Security Act," including rules that do all of the following: (A) Allow a kinship guardianship young adult described in division (C) of section 5101.1411 of the Revised Code on whose behalf kinship guardianship assistance i... |
Section 5101.1418 | Post-adoption special services subsidy payments.
...th considers the child to be in need of public care or protective services, the department may, to the extent state funds are available for this purpose, enter into an agreement with the child's adoptive parent under which the department may make post adoption special services subsidy payments on behalf of the child as needed when both of the following apply: (a) The child has a physical or developmental disabilit... |
Section 5101.15 | Schedule of reimbursement.
...ervices for the county submitted by the public children services agency. |
Section 5101.16 | Paying county share of public assistance expenditures.
...hapter 5108. of the Revised Code. (5) "Public assistance expenditures" means expenditures for all of the following: (a) Ohio works first; (b) County administration of Ohio works first; (c) Prevention, retention, and contingency; (d) County administration of prevention, retention, and contingency; (e) Disability financial assistance; (f) County administration of disability financial assistance; (g) County admi... |
Section 5101.161 | Public assistance fund.
...section 5101.16 of the Revised Code, of public assistance expenditures. Each January, the board shall appropriate the amount certified by the department and an additional five per cent of that amount. Each June, the board may reappropriate, for any purpose the board determines to be appropriate, the amount appropriated in January that exceeds the total of the amount certified by the department for the last six months... |
Section 5101.162 | Reimbursing county expenditures for county administration of food stamps or medicaid.
...Subject to available federal funds and appropriations made by the general assembly, the department of job and family services may, at its sole discretion, use available federal funds to reimburse county expenditures for county administration of the supplemental nutrition assistance program or medicaid (excluding administrative expenditures for transportation services covered by the medicaid program) even though... |
Section 5101.163 | Increase in county share of public assistance expenditures.
...rvices may increase a county's share of public assistance expenditures determined under division (B) of section 5101.16 of the Revised Code if the United States secretary of health and human services requires an increase in the state's maintenance of effort because of one or more failures, resulting from the actions or inactions of one or more county family services agencies, to meet a requirement under Title IV-A of... |
Section 5101.17 | Payments made under Economic Opportunity Act not regarded as income or resources.
...In determining the need of any person under Chapter 5107. of the Revised Code, the first eighty-five dollars plus one-half of the excess over eighty-five dollars of payments made to or in behalf of any person for or with respect to any month under Title I or II of the "Economic Opportunity Act of 1964," 78 Stat. 508, 42 U.S.C.A. 2701, as amended, shall not be regarded as income or resources. No payments made under su... |
Section 5101.18 | Determining what payments shall be regarded or disregarded as income in determining aid.
...g the payment as income would be in the public interest; (E) Whether treating the payment as income would be detrimental to any of the programs administered in whole or in part by the department of job and family services and whether such determination would jeopardize the receipt of any federal grant or payment by the state or any receipt of aid under Chapter 5107. of the Revised Code. |
Section 5101.181 | Matching agency records to determine overpayment of public assistance.
... section 5101.182 of the Revised Code, "public assistance" means any or all of the following: (1) Ohio works first; (2) Prevention, retention, and contingency; (3) Disability financial assistance provided prior to December 31, 2017, under former Chapter 5115. of the Revised Code; (4) General assistance provided prior to July 17, 1995, under former Chapter 5113. of the Revised Code. (B) As part of the procedure f... |
Section 5101.182 | Matching income tax returns to determine overpayment of public assistance.
...nation of overpayment to a recipient of public assistance pursuant to section 5101.181 of the Revised Code, the director of job and family services may semiannually, at times determined jointly by the auditor of state and the tax commissioner, furnish to the tax commissioner in computer format the name and social security number of each individual who receives public assistance. Within sixty days after receivin... |
Section 5101.183 | Rules regarding recovering cost of social services provided or diverted to ineligible persons.
...(A) The director of job and family services and the director of children and youth, in accordance with section 111.15 of the Revised Code, may adopt rules under which county family services agencies shall take action to recover the cost of the following benefits and services available under programs administered by the department of job and family services or the department of children and youth: (1) Benefits or s... |
Section 5101.184 | Collecting overpayments of assistance from state and federal income tax refunds.
...(A) The director of job and family services shall work with the tax commissioner to collect overpayments of assistance under Chapter 5107., former Chapter 5115., former Chapter 5113., or section 5101.54 of the Revised Code from refunds of state income taxes for taxable year 1992 and thereafter that are payable to the recipients of such overpayments. Any overpayment of assistance, whether obtained by fraud or misrepr... |
Section 5101.19 | Adoption grant program definitions.
... an adoption arranged by an attorney, a public children services agency, private child placing agency, or a private noncustodial agency, an interstate adoption, or an international or foreign adoption. (C) "Adoptive parent" means the person or persons who obtain parental rights and responsibilities over an adopted child pursuant to a final order of adoption, an interlocutory order of adoption, or an adoption recog... |
Section 4955.19 | Exceptions.
...Sections 4955.16 to 4955.19, inclusive, of the Revised Code, do not prevent any street or electric railway company, interurban railroad company, or railroad company from laying additional tracks at existing crossings, under authority existing on May 9, 1908. |
Section 4955.20 | Highway crossings and sidewalks - maintenance and repair.
..., and switches, at all points where any public highway, street, lane, avenue, alley, road, or pike is intersected by such railroad, its tracks, sidetracks, or switches. Such companies shall build and keep in repair good and sufficient sidewalks on both sides of streets intersected by their railroads, the full width of the right of way owned, claimed, or occupied by them. The board of township trustees shall have powe... |
Section 4955.201 | Abandonment of railroad track.
...(A) If the interstate commerce commission approves the abandonment of a railroad track that crosses a road or highway at grade, the railroad that owned the track immediately after the approval of the abandonment shall remove the track at the crossing and fill the space previously occupied by the rails with the same material that comprises the road or highway at the crossing. Upon completion of the work, the surface o... |
Section 4955.21 | Service of notice.
...The officers having charge of a public highway, street, or alley intersected by a railroad shall serve a written notice upon the nearest station agent or section foreman having charge of that portion of the railroad where such intersection occurs that the crossing, approach, or sidewalk described in section 4955.20 of the Revised Code must be built or repaired, setting forth its kind and extent and the time and manne... |
Section 4955.22 | Failure to construct or repair crossings or sidewalks - forfeiture.
...A railroad company which neglects to comply with sections 4955.20 and 4955.21 of the Revised Code is liable to pay damage to the municipal corporation or township in which the highway is situated in the sum of thirty dollars for such neglect, and a further sum of ten dollars per day for each day such company fails to comply with the terms of such sections, to be recovered in an action brought in the name of the munic... |
Section 4955.23 | Crossings above streets.
...No person or company owning or operating a railroad which crosses over and above a street less than seventy feet in width, in any city in this state, at an elevation above such street sufficient to permit persons to pass and repass along such street beneath the crossing, shall place, cause to be placed, or permit to be or remain in the street beneath such crossing or bridge, any pier or other stay or support for it, ... |
Section 4955.24 | Construction and maintenance of bridge - forfeiture.
...A person or company owning or operating a railroad that fails to comply with the requirements of or violates section 4955.23 of the Revised Code, for each day during the continuance of such failure or violation, shall forfeit to such city one hundred dollars, to be recovered in a civil action in the city's name against the owner or operator of such railroad, or both, as the city elects. Like recovery may be had for s... |
Section 4955.25 | Legislative authority may regulate use of bridge.
...The legislative authority of a city may prohibit the switching of freight engines, trains, or cars, over or on a crossing or bridge referred to by section 4955.23 of the Revised Code, the sounding of locomotive steam whistles on or near such bridge, and the standing or stopping of a railroad engine over or on such crossing or bridge, and by ordinance, may constitute a violation of such prohibition an offense and prov... |
Section 4955.26 | Crossing of highway to cemetery.
...ilroads constructed across an avenue or public highway leading from a city to a public cemetery of such city located within or without the limits of the city, shall be constructed so as to pass under or over such avenue or highway at an elevation or depression that will allow the unobstructed passage of all vehicles necessary for any person to use on such avenue or highway. |
Section 4955.27 | Private crossing.
...ated that he cannot use a crossing in a public street, lane, road, or other highway in going from his land on one side of the railroad to that on the other side without great inconvenience, at his request the company or person operating such railroad, at the expense of such company or person shall, within four months after such request, construct a good and sufficient private crossing across such railroad and the la... |
Section 4955.28 | Expense of private crossing - right of entry.
...If, for four months after the request by a landowner for that purpose, the company or person neglects to construct a good and sufficient private crossing as provided in section 4955.27 of the Revised Code, after reasonable notice to the agent of the company for receiving and shipping freight at the station on the railroad nearest to the land where it is proposed to construct such crossing by the landowner of the time... |
Section 4955.29 | Exception.
...Sections 4955.27 and 4955.28 of the Revised Code do not apply to any case in which compensation for building a private crossing is considered and estimated as part of the consideration to be paid for the right of way, so far as the right to private crossing has been or may be settled or paid for. Such sections do not affect, in any manner, any contract or agreement between any railroad company or person having contr... |
Section 4955.30 | Freightways may be constructed.
...rs on it, over or under any railroad or public highway, the consent of the owner of the fee in the land at such crossing first being obtained. Such railway shall be so constructed that it will not impede or interfere with the running of cars or the travel upon such railroad or highway, or in any manner injure or impair either, or any switch, building, or appurtenance connected with or belonging to any railroad or hig... |
Section 4955.31 | Plan must be approved.
... submit the plan of construction to the public utilities commission for its approval, which at the cost of such person for traveling expenses or otherwise, must see that the structure in all respects conforms to the requirements of such section. |
Section 4955.32 | Use of horn or alternative audible warning at highway or crossing.
...individual locomotive is approaching a public highway or a grade crossing, either of the following shall occur: (1) The engineer or person in charge of the locomotive shall sound the locomotive horn in accordance with 49 C.F.R. part 222; (2) An alternative audible warning system approved by the public utilities commission under section 4955.321 of the Revised Code shall be activated in accordance with guidelin... |
Section 4955.321 | Alternative audible warning system.
...The public utilities commission may evaluate alternative systems for providing an audible warning of an approaching locomotive. The commission may approve the use of an audible warning system as an alternative to the horn sounding required under division (B)(1) of section 4955.32 of the Revised Code only if it determines that the alternative audible warning system complies with applicable federal requirements f... |
Section 4955.322 | Immunity from liability at private crossings.
...The sounding of a locomotive horn at a private crossing or the failure to sound a locomotive horn at a private crossing is not a basis for a civil action against the railroad company that operated the locomotive, a board of county commissioners, or any local authority, or against the employees or agents of the company, board, or authority. |
Section 4955.33 | Crossbuck signs.
...ll points where its railroad crosses a public road at a common grade, each company shall erect crossbuck signing at positions at each such crossing that are in accordance with the department of transportation manual for uniform traffic control devices, adopted under section 4511.09 of the Revised Code, to give notice of the proximity of the railroad and warn persons to be on the lookout for the locomotive. Any ... |
Section 4955.34 | Failure to erect warning signs.
... common pleas of a county in which the public highway or grade crossing is located. The company in whose employ such engineer or person in charge of a locomotive is, as well as the engineer or person in charge, is liable in damages to a person or company injured in person or property by such neglect or act of such engineer or person in charge. |
Section 4955.35 | Blocking of frogs.
...ces or devices shall be approved by the public utilities commission before installation. Whoever, owning, operating, or controlling a railroad fails to comply with this section shall forfeit twenty-five dollars for each day of such failure, to be recovered in a civil action in the name of the state and paid into the state treasury. |
Section 4955.36 | Removal of obstructive vegetation at crossings.
...ight-of-way at each intersection with a public road or highway, for a distance of six hundred feet or a reasonably safe distance from the roadway of such public road or highway as shall be determined by the public utilities commission. When any railroad company fails to destroy or remove such vegetation after ten-day written notice served on its local agent, the commission, board of county commissioners, board of to... |
Section 4955.41 | Railroad quiet zones - definitions.
...and adjacent to one or more consecutive public grade crossings that are equipped with automatic gates and lights that conform to the manual on uniform traffic control devices and for which one or more supplemental safety measures are implemented and used pursuant to sections 4955.41 to 4955.47 of the Revised Code. (B) "Supplemental safety measure" means a supplementary safety measure, and the guidelines for the use ... |
Section 4955.42 | Railroad quiet zones - municipal corporation or township may establish - procedure.
...on authorizing each zone and subject to public utilities commission approval under this section. (B)(1) Following enactment of an ordinance or resolution under division (A) of this section, the municipal corporation or township shall send a detailed written notice by certified mail, return receipt requested, to each railroad operating over a public grade crossing within the quiet zone. The notice shall request the r... |
Section 4955.43 | Railroad quiet zones - notice to railroads - order regarding audible warning signals.
...sted, to each railroad operating over a public grade crossing included in the zone, the highway or traffic control authority or law enforcement authority having responsibility for control of vehicular traffic at the crossings, the public utilities commission, the director of public safety, and the associate administrator for safety for the federal railroad administration. (B) For each railroad quiet zone established... |
Section 4955.44 | Railroad quiet zones - other laws preempted - emergency exception - suspension of status.
... evidence showing that a condition at a public grade crossing located within a quiet zone has changed to such an extent that, even with the continuing existence of the supplemental safety measures at the crossing, the quiet zone no longer qualifies as such under federal law or the commission determines that public safety is otherwise compromised at the crossing. Within fifteen days following the quiet zone susp... |