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

 

 

 

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 HHS and ODJFS.

 

(C)The United States department of health and human services waives the following provisions of the Social Security Act (SSA) of 1935 and the code of federal regulations (CFR) for Ohio's demonstration counties:

 

(1)SSA sections 472 (A), (C), (E) and 47 (A)(10). These sections are waived to expand eligibility to include both currently eligible and ineligible children.

 

(2) SSA sections 474 (A)(3)(E) and 477 (E)(3); and 45 CFR 1356.80 (H) as amended October 1, 1998. These sections are waived to expand services to include both allowable costs and costs previously deemed unallowable.

 

(D)The distribution of funds is determined on a FFY basis by multiplying the following four variables:

 

(1) Projected number of placement days;

 

(2) Inflation adjusted per diem cost;

 

(3) Projected IV-E foster care eligibility ratio; and

 

(4) Federal medical assistance percentage (FMAP).

 

(E)The above formula determines 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 following:

 

(1)The actual Title IV-E foster care eligibility ratios; and

 

(2)Placement days as compared to the actual rate of growth that was experienced by a control group of counties. The reconciliation may result in increasing or decreasing "protectOhio" payments.

 

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

 

(G)Participating counties receive one twelfth of their annual Title IV-E budget amounts

 

 

in equal installments on a FFY basis. The JFS 02531 "Certification Sheet" is not required because "protectOhio" is a waiver rather than an allocation.

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

(I) 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.

(J) 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.

(K) 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 service agency shall take prompt action to recover any financial assistance that is not expended in accordance with state, federal, and local requirements.

(L) 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.

Replaces:                                 5101:9-6-25

Effective:                                04/22/2004 R.C. 119.032 review dates:                           04/22/2009

CERTIFIED ELECTRONICALLY

Certification

04/12/2004

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