Current through all regulations passed and filed through September 16, 2024
(A) Section
5101.21 of the Revised Code
requires each county to enter into a grant agreement with the Ohio department
of job and family services (ODJFS) before federal awards are issued to the
county. In addition to subawarding federal funding received by ODJFS, as
grantee, ODJFS also administers federal awards to county family service
agencies on behalf of the Ohio department of medicaid (ODM).
(B) Definitions:
(1) For the purposes of this rule, the term
"departments" shall mean ODJFS and ODM as it relates to the three-way grant
agreement.
(2) For the purpose of
this rule, the term "subgrant" shall mean an award for one or more family
services duties of federal financial assistance that a federal agency provides
in the form of money, or property in lieu of money, to the departments and that
the departments award to a county
subgrantee. For the purposes of this rule, the
term "subgrant" may include state funds the departments award to a county
grantee to match the federal financial assistance, but does not mean either of
the following:
(a) Technical assistance that
provides services instead of money; or,
(b) Other assistance provided in the form of
revenue sharing, loans, loan guarantees, interest subsidies, or
insurance.
(3) For the
purpose of this rule, the term "county subgrantee" shall have the same meaning
as the term "county grantee," defined in section
5101.21 of the Revised Code as
meaning all of the following:
(a) A board of
county commissioners;
(b) A county
children services board appointed under section
5153.03 of the Revised Code;
and
(c) A county elected official
that is a child support enforcement agency.
(4) For the purpose of this rule, the term
"allocation period" shall have the same meaning as the term "period of
availability" as defined in Chapter 5101:9-7 of the Administrative Code as
meaning:
(a) The funding period for the
allocation; and
(b) The liquidation
period for the allocation.
(5)
For the purpose
of this rule, the term "redistribute" means the process where the subgrantee
requests adjustments to a subgrant budget by:
(a)
Releasing all or
a portion of a subgrant budget; or
(b)
Requesting
additional subgrant budget.
(C) Effective with the 2016/2017 biennium,
ODJFS and ODM will jointly enter into a subgrant agreement with the county. The
departments and the county subgrantee shall enter into subsequent agreements
before the first day of each successive fiscal biennial period.
(D) For subgrant agreements entered into by
the board of county commissioners, if a subgrant agreement is not entered into
by the first day of the biennial period, but is entered into before the last
day of July, the ODJFS director, at the director's discretion, may establish a
retroactive effective date of the first day of July. The director will consider
a retroactive effective date only if the board of county commissioners submits
a request for a retroactive date that satisfactorily documents good cause that
the subgrant agreement was not entered into on or before the first day of
July.
(E) Conditions, requirements,
and restrictions applicable to subgrant agreements include the following:
(1) Revisions to subgrant agreements are not
required for the purpose of adding new or amended conditions, requirements, or
restrictions for a family services duty that are established by federal or
state law, state plan for receipt of federal financial participation, agreement
between ODJFS, ODM and a federal agency, or an executive order issued by the
governor;
(2) A requirement for a
subgrant established by an Administrative Code rule adopted by the director of
ODJFS is applicable to a subgrant agreement without having to be restated in
the subgrant agreement; and
(3) A
requirement established by a subgrant agreement is applicable to the subgrants
that are the subject of that subgrant agreement without having to be restated
in an Administrative Code rule.
(F) The conditions, requirements, and
restrictions of the subgrant will be an addendum to the subgrant agreement.
Rules establishing the methodology and reporting requirements of individual
subgrants are adopted as internal management rules and included in Chapter
5101:9-6 of the Administrative Code.
(G) Subject to timely budget approval by the
legislature, ODJFS will notify the county subgrantees of county allocation
funding levels. Adjustments may be made to allocations if either of the
following conditions are met:
(1) The
departments may revise county allocations within the allocation period due to
an increase or decrease in federal and/or state funds; or
(2) At the discretion of the department's
director, ODJFS will distribute any additional funds that become available to
county agencies requesting additional funds up to the maximum statewide amount
available.
(H) A county
subgrantee will be given, at a minimum, the opportunity
to redistribute funds
twice during
a subgrant period of
availability.
(1) ODJFS will notify the
county subgrantee
with the following:
(a)
A list of
subgrants available for redistribution; and
(b)
A deadline to
respond to the notification.
(2)
ODJFS will
redistribute released funds to county subgrantees demonstrating additional
need, at the discretion of the director of ODJFS.
(I)
A county
subgrantee may enter into an agreement to release and receive funds by means of
an inter-county adjustment of allocations as outlined in rule
5101:9-6-82 of the
Administrative Code.
(J) ODJFS will
reconcile each allocation issued to the county subgrantee in accordance with
the rules contained in Chapter 5101:9-7 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.
