5101:9-6-25 "ProtectOhio" funding.

 

 

 

TO BE RESCINDED

 

5101:9-6-25                 "ProtectOhio" funding.

 

 

 

(A)  "ProtectOhio" is a child welfare demonstration project designed to reduce the number of children in foster care, decrease the amount of time children remain in foster care, and promote adoptions. The program allows greater flexibility in spending federal funds appropriated under Title IV-E of the Social Security Act (SSA) of 1935.

 

(B)    The project began on October 1, 1997 and its duration, research objectives, and composition are governed by and agreement executed jointly by the United States department of health and human services (HHS) and the Ohio department of job and family services (ODJFS).

 

(C)    HHS waives various provisions of the Social Security Act (SSA) of 1935 and the Code of Federal Regulations to permit counties participating in the demonstration to expend Title IV-E foster care maintenance (FCM) on services and children that are not otherwise allowable or eligible under Title IV-E.

 

(D)    The distribution of funds is determined on a federal fiscal year (FFY) basis by multiplying the following two variables:

 

(1)   Projected number of placement days; and,

 

(2)   Inflation adjusted per diem cost.

 

(E)   The above variables are used to determine the initial aggregate payment that is made to each participating county for the FFY. At the completion of the FFY, ODJFS performs a reconciliation of the projected number of placement days to the actual number of placement days allowed. This reconciliation may result in an increasing or decreasing payment to counties participating in the demonstration.

 

(F)     The Title IV-E waiver provides new flexibility, but no new money. Under the demonstration, Title IV-E foster care maintenance (FCM) funds are advanced as a capitation rather than reimbursed.

 

(G)   Each public children services agency (PCSA) that is a member of the demonstration shall provide the non-federal share requirement for the capitation revenue that it will receive during the demonstration.

 

(H)  The PCSA non-federal share shall be financed from local and/or state cash that would otherwise be allowable for use by the PCSA as the non-federal share for normal

 

 

 

foster care maintenance claims under Title IV-E.

(I)     ODJFS will be responsible for advising each PCSA of their non-federal share requirement in the form of the amount of non-federal share that is required for each multiple of ten dollars or fraction thereof in capitation revenue that is paid to the PCSA during each budget year.

(J)      Participating counties receive one twelfth of their annual capitation in equal installments on a FFY basis. The JFS 02531 "Certification Sheet" (rev. 6/2004) is not required because the demonstration capitation represents a liquidated pre-payment of the federal government's Title IV-E FCM obligation in each demonstration county rather than an allocation.

(K)    Each PCSA that is a member of the demonstration project shall establish a sub account within the PCSA general ledger into which the county will record capitation receipts and the required non-federal share. Disbursements shall also be recorded in this sub account. The PCSA shall code the expenditures from this sub account.

(L)   The PCSA shall act to reserve the non-federal share requirement for each capitation payment within ten business days of the deposit of the capitation payment into the county children services fund by the county auditor.

(M)   At their discretion, the PCSA may advance reserve the non-federal share requirement for future projected capitation payments.

(N)    A PCSA that advance reserves the non-federal share requirement for its projected capitation payments need not reserve additional non-federal share until such time as the aggregate total amount of such non-federal share that has been reserved is insufficient to fully support the non-federal share requirement for the aggregate sum of capitation revenue that has been received by the PCSA's children services funds during the current demonstration budget cycle.

The PCSA must act within ten business days to reserve additional non-federal share funds in an amount that is at least adequate to meet the variance between the amounts so reserved and the amount then required.

(O)     ODJFS will not view a PCSA's failure to fully reserve its non-federal share requirement within the prescribed ten business day period as a violation of this policy if the PCSA can demonstrate that the failure was solely attributable to timing issues associated with the disbursement of county tax revenues due to the PCSA and the PCSA shows that it has fully met its non-federal share requirement by the close of each demonstration budget year.

(P)    Mappings in the state automated accounting system have been established where a waiver county shall report the expenditures made from the fund. Mappings have also been developed to record and/or account for the deposit of the required non-federal share from their local levy funds, state child protective allocation (SCPA) and/or local funds.

(Q)   ODJFS bureau of county finance and technical assistance (BCFTA) will map codes in central office reporting (CORe) for disbursements.

(R)      Revenues and expenditures, including actual FCM payments, relating to the demonstration must be reported on the JFS 02820 "Children Services Monthly Financial Statement" (rev. 3/2004) as described in rule 5101:9-10-29 of the Administrative Code.

(S)     The definitions of "county family services agency," "family services duty," and "financial assistance" are the same as in rule 5101:9-6-50 of the Administrative Code.

(T)      Each county family services agency shall be responsible for using financial assistance, as defined in rule 5101:9-6-50 of the Administrative Code, provided by ODJFS solely for performance of family services duties in accordance with state, federal, and local laws, rules, and regulations including the requirements and conditions of the corresponding federal grant award listed in rule 5101:9-6-50 of the Administrative Code.

(U)   Each county family services agency shall monitor each private and government entity that receives financial assistance from the county agency to ensure that family services duties, including expenditures, cash management, and reporting, are in compliance with state, federal, and local requirements. If a private or government entity is not performing family services duties in accordance with state, federal, and local requirements, the county family services agency shall require the entity to promptly comply with a corrective action plan approved by the county agency. Except when ODJFS certifies a claim to the attorney general in accordance with section 5101.141 of the Revised Code, the county family services agency shall take prompt action to recover any financial assistance that is not expended in accordance with state, federal, and local requirements.

(V)   Financial assistance provided by ODJFS to a county family services agency is subject to the availability of state and federal funds and appropriations by the general assembly. If at any time the ODJFS director determines that state or federal funds are insufficient to sustain the financial assistance for county family services agencies,  the  ODJFS  director  may  reduce,  suspend,  or  terminate  the  financial

assistance.

Effective:                                                     02/13/2011

R.C. 119.032 review dates:                         11/29/2010

CERTIFIED ELECTRONICALLY

Certification

02/03/2011

Date

Promulgated Under:                           119.03

Statutory Authority:                           5101.142

Rule Amplifies:                                  5101.141

Prior Effective Dates:                         1/26/98, 3/2/98, 7/2/02 (Emer), 9/28/02, 4/22/04,

12/1/05