Effective: December 31, 2017
Latest Legislation: House Bill 49 - 132nd General Assembly
(A) As used in this section and sections 5101.161 and 5101.162 of the Revised Code:
(1) "Disability financial assistance" means the financial assistance program established under former Chapter 5115. of the Revised Code.
(2) "Supplemental nutrition assistance program" means the program administered by the department of job and family services pursuant to section 5101.54 of the Revised Code.
(3) "Ohio works first" means the program established by Chapter 5107. of the Revised Code.
(4) "Prevention, retention, and contingency" means the program established by Chapter 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 administration of the supplemental nutrition assistance program;
(h) County administration of medicaid, excluding administrative expenditures for transportation services covered by the medicaid program.
(6) "Title IV-A program" has the same meaning as in section 5101.80 of the Revised Code.
(B) Each board of county commissioners shall pay the county share of public assistance expenditures in accordance with section 5101.161 of the Revised Code. Except as provided in division (C) of this section, a county's share of public assistance expenditures is the sum of all of the following for state fiscal year 1998 and each state fiscal year thereafter:
(1) The amount that is twenty-five per cent of the county's total expenditures for disability financial assistance and county administration of that program during the state fiscal year ending in the previous calendar year that the department of job and family services determines are allowable.
(2) The amount that is ten per cent, or other percentage determined under division (D) of this section, of the county's total expenditures for county administration of the supplemental nutrition assistance program and medicaid (excluding administrative expenditures for transportation services covered by the medicaid program) during the state fiscal year ending in the previous calendar year that the department determines are allowable, less the amount of federal reimbursement credited to the county under division (E) of this section for the state fiscal year ending in the previous calendar year;
(3) A percentage of the actual amount of the county share of program and administrative expenditures during federal fiscal year 1994 for assistance and services, other than child care, provided under Titles IV-A and IV-F of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as those titles existed prior to the enactment of the "Personal Responsibility and Work Opportunity Reconciliation Act of 1996," 110 Stat. 2105. The department of job and family services shall determine the actual amount of the county share from expenditure reports submitted to the United States department of health and human services. The percentage shall be the percentage established in rules adopted under division (F) of this section.
(C)(1) If a county's share of public assistance expenditures determined under division (B) of this section for a state fiscal year exceeds one hundred five per cent of the county's share for those expenditures for the immediately preceding state fiscal year, the department of job and family services shall reduce the county's share for expenditures under divisions (B)(1) and (2) of this section so that the total of the county's share for expenditures under division (B) of this section equals one hundred five per cent of the county's share of those expenditures for the immediately preceding state fiscal year.
(2) A county's share of public assistance expenditures determined under division (B) of this section may be increased pursuant to section 5101.163 of the Revised Code and a sanction under section 5101.24 of the Revised Code. An increase made pursuant to section 5101.163 of the Revised Code may cause the county's share to exceed the limit established by division (C)(1) of this section.
(D)(1) If the per capita tax duplicate of a county is less than the per capita tax duplicate of the state as a whole and division (D)(2) of this section does not apply to the county, the percentage to be used for the purpose of division (B)(2) of this section is the product of ten multiplied by a fraction of which the numerator is the per capita tax duplicate of the county and the denominator is the per capita tax duplicate of the state as a whole. The department of job and family services shall compute the per capita tax duplicate for the state and for each county by dividing the tax duplicate for the most recent available year by the current estimate of population prepared by the development services agency.
(2) If the percentage of families in a county with an annual income of less than three thousand dollars is greater than the percentage of such families in the state and division (D)(1) of this section does not apply to the county, the percentage to be used for the purpose of division (B)(2) of this section is the product of ten multiplied by a fraction of which the numerator is the percentage of families in the state with an annual income of less than three thousand dollars a year and the denominator is the percentage of such families in the county. The department of job and family services shall compute the percentage of families with an annual income of less than three thousand dollars for the state and for each county by multiplying the most recent estimate of such families published by the development services agency, by a fraction, the numerator of which is the estimate of average annual personal income published by the bureau of economic analysis of the United States department of commerce for the year on which the census estimate is based and the denominator of which is the most recent such estimate published by the bureau.
(3) If the per capita tax duplicate of a county is less than the per capita tax duplicate of the state as a whole and the percentage of families in the county with an annual income of less than three thousand dollars is greater than the percentage of such families in the state, the percentage to be used for the purpose of division (B)(2) of this section shall be determined as follows:
(a) Multiply ten by the fraction determined under division (D)(1) of this section;
(b) Multiply the product determined under division (D)(3)(a) of this section by the fraction determined under division (D)(2) of this section.
(4) The department of job and family services shall determine, for each county, the percentage to be used for the purpose of division (B)(2) of this section not later than the first day of July of the year preceding the state fiscal year for which the percentage is used.
(E) The department of job and family services shall credit to a county the amount of federal reimbursement the department receives from the United States departments of agriculture and health and human services for the county's expenditures for administration of the supplemental nutrition assistance program and medicaid (excluding administrative expenditures for transportation services covered by the medicaid program) that the department determines are allowable administrative expenditures.
(F)(1) The director of job and family services shall adopt rules in accordance with section 111.15 of the Revised Code to establish all of the following:
(a) The method the department is to use to change a county's share of public assistance expenditures determined under division (B) of this section as provided in division (C) of this section;
(b) The allocation methodology and formula the department will use to determine the amount of funds to credit to a county under this section;
(c) The method the department will use to change the payment of the county share of public assistance expenditures from a calendar-year basis to a state fiscal year basis;
(d) The percentage to be used for the purpose of division (B)(3) of this section, which shall, except as provided in section 5101.163 of the Revised Code, meet both of the following requirements:
(i) The percentage shall not be less than seventy-five per cent nor more than eighty-two per cent;
(ii) The percentage shall not exceed the percentage that the state's qualified state expenditures is of the state's historic state expenditures as those terms are defined in 42 U.S.C. 609(a)(7).
(e) Other procedures and requirements necessary to implement this section.
(2) The director of job and family services may amend the rule adopted under division (F)(1)(d) of this section to modify the percentage on determination that the amount the general assembly appropriates for Title IV-A programs makes the modification necessary. The rule shall be adopted and amended as if an internal management rule and in consultation with the director of budget and management.
Structure Ohio Revised Code
Chapter 5101 | Department of Job and Family Services- General Provisions
Section 5101.02 | Authority of Director of Job and Family Services.
Section 5101.03 | Assistant Directors - Powers and Duties.
Section 5101.04 | Contract With Commercial Consumer Reporting Agency.
Section 5101.041 | Data Matching Agreements.
Section 5101.05 | Appointing Employees.
Section 5101.051 | Filling Positions With Peculiar and Exceptional Qualifications.
Section 5101.06 | Establishing Work Units.
Section 5101.061 | Office of Human Services Innovation.
Section 5101.07 | Support Services Federal Operating Fund.
Section 5101.071 | Support Services State Operating Fund.
Section 5101.072 | Human Services Projects Fund.
Section 5101.073 | Odjfs General Services Administration and Operating Fund.
Section 5101.074 | Disposition of Refunds.
Section 5101.08 | Fidelity Bonds.
Section 5101.09 | Adopting Rules.
Section 5101.10 | Expending Funds.
Section 5101.101 | Order of Priority for Distribution of Funds for Family Planning Services.
Section 5101.111 | Foundation Grant Fund.
Section 5101.12 | Maximizing Receipt of Federal Revenue.
Section 5101.13 | Uniform Statewide Automated Child Welfare Information System.
Section 5101.131 | Child Welfare System Information Confidential.
Section 5101.132 | Access to Child Welfare System Information.
Section 5101.133 | Use and Disclosure of System Information Restricted.
Section 5101.134 | Rules Governing Private Agency Use of System Information.
Section 5101.135 | Shaken Baby Syndrome Notation in Child Abuse Report.
Section 5101.14 | Payments to Counties for Part of Their Costs for Children Services.
Section 5101.141 | Administering Federal Payments for Foster Care and Adoption Assistance.
Section 5101.143 | State Adoption Assistance Loan Fund.
Section 5101.144 | Children Services Fund.
Section 5101.146 | Establishing Penalties for Noncompliance With Fiscal Accountability Procedures.
Section 5101.147 | Notification of Agency's Noncompliance With Fiscal Accountability Procedures.
Section 5101.148 | No Unnecessarily Removal of Children From Certified Foster Homes.
Section 5101.149 | Prohibiting Personal Loans.
Section 5101.1410 | Certifying a Claim.
Section 5101.1411 | Federal Payments for Foster Care and Adoption Assistance.
Section 5101.1412 | Voluntary Participation Agreement for Child's Care and Placement.
Section 5101.1413 | Payment of Nonfederal Share.
Section 5101.1414 | Adoption of Rules.
Section 5101.1415 | Person Eligible for Temporary or Permanent Custody Until Age Twenty-One.
Section 5101.1416 | Kinship Guardianship Assistance.
Section 5101.1418 | Post-Adoption Special Services Subsidy Payments.
Section 5101.15 | Schedule of Reimbursement.
Section 5101.16 | Paying County Share of Public Assistance Expenditures.
Section 5101.161 | Public Assistance Fund.
Section 5101.163 | Increase in County Share of Public Assistance Expenditures.
Section 5101.17 | Payments Made Under Economic Opportunity Act Not Regarded as Income or Resources.
Section 5101.181 | Matching Agency Records to Determine Overpayment of Public Assistance.
Section 5101.182 | Matching Income Tax Returns to Determine Overpayment of Public Assistance.
Section 5101.184 | Collecting Overpayments of Assistance From State and Federal Income Tax Refunds.
Section 5101.20 | Grant Agreements for Workforce Development Activities.
Section 5101.21 | Written Grant Agreements Between Director and County.
Section 5101.212 | Duty of Religious Organization Contracting With Department.
Section 5101.215 | Agreements With Religious Organization.
Section 5101.216 | Written Operational Agreements With County for Family Service Duties.
Section 5101.22 | Establishing Performance and Administrative Standards for County Agencies.
Section 5101.221 | County Family Services Agency Corrective Action Plan.
Section 5101.222 | Administrative Rules.
Section 5101.23 | Providing Incentive Awards to County Agencies.
Section 5101.24 | Actions for Failure to Meet Performance Standards.
Section 5101.242 | Certification of Claim to Recover Funds.
Section 5101.243 | Administrative Rules.
Section 5101.244 | Adjustment to Recover Expenditures Exceeding Allowable Amount.
Section 5101.25 | Developing Annual Training Goals and Model Training Curriculum.
Section 5101.26 | Disclosure of Information Definitions.
Section 5101.27 | Restricting Disclosure of Information Regarding Public Assistance Recipients.
Section 5101.272 | Authorization Form.
Section 5101.273 | Membership in the Public Assistance Reporting Information System.
Section 5101.29 | Certain Day-Care Records Not Subject to Public Records Law.
Section 5101.30 | Rules for Conditions and Procedures for the Release of Information.
Section 5101.32 | Procedures and Formats for Rc 109.5721 Notices.
Section 5101.33 | Electronic Benefit Transfers.
Section 5101.34 | Ohio Commission on Fatherhood.
Section 5101.341 | Chairperson; Executive Director; Staff; Funding.
Section 5101.342 | State Summits on Fatherhood.
Section 5101.343 | Exemption From Sunset Review.
Section 5101.351 | Hearing Officers.
Section 5101.38 | Appointment of Agents.
Section 5101.44 | Ohio Welfare Conference.
Section 5101.45 | Conference Expenses.
Section 5101.461 | Use of Title Iv-a Funds for Title XX Social Services.
Section 5101.47 | Administrative Activities for Certain Programs.
Section 5101.48 | Distributing Food Commodities.
Section 5101.54 | Administering Food Stamp Program.
Section 5101.541 | Food Stamp Program Fund.
Section 5101.542 | Electronic Benefit Transfer Card.
Section 5101.544 | Failure of Household Member to Perform Required Action.
Section 5101.545 | Application to Participate in Elderly Simplified Application Project.
Section 5101.56 | Use of State or Local Funds for Abortion Services.
Section 5101.57 | Use of Public Facilities for Nontheurapeutic Abortions Prohibited.
Section 5101.60 | Adult Protective Services Definitions.
Section 5101.61 | Implementing Adult Protective Services.
Section 5101.611 | Reimbursing Costs of Providing Services.
Section 5101.62 | Training Program.
Section 5101.63 | Reporting Abuse, Neglect or Exploitation of Adult.
Section 5101.631 | Uniform Statewide Automated Adult Protective Services Information System.
Section 5101.632 | Access to Educational Materials.
Section 5101.64 | Referring Cases of Abuse.
Section 5101.65 | Investigations.
Section 5101.651 | Temporary Restraining Order.
Section 5101.652 | Authority to Contract With Other Entities to Perform Certain Duties.
Section 5101.66 | Request or Consent to Receiving Protective Services.
Section 5101.68 | Petitioning for Court Order to Provide Protective Services.
Section 5101.681 | Notice of Petition.
Section 5101.70 | Emergency Order.
Section 5101.701 | Ex Parte Emergency Order Authorizing Provision of Protective Services.
Section 5101.71 | Evaluating Ability to Pay for Services.
Section 5101.73 | Denial or Obstruction of Access to Adult Victim's Residence.
Section 5101.74 | Elder Abuse Commission.
Section 5101.741 | Duties of Commission.
Section 5101.76 | Procurement of Epinephrine Autoinjectors for Camps.
Section 5101.77 | Procurement of Inhalers for Camps.
Section 5101.78 | Procurement of Glucagon, Qualified Immunity - Camps.
Section 5101.80 | Administering Title Iv-a of the Social Security Act.
Section 5101.801 | Benefits and Services That Are Not Defined as Assistance.
Section 5101.802 | Kinship Permanency Incentive Program.
Section 5101.803 | Title Iv-a Demonstration Program.
Section 5101.804 | Ohio Parenting and Pregnancy Program.
Section 5101.806 | Tanf Spending Plan.
Section 5101.81 | Examination of Title Iv-a State Plan by Legislature.
Section 5101.82 | Title Iv-a Reserve Fund.
Section 5101.821 | Tanf Federal Fund.
Section 5101.83 | Repaying Fraudulent Assistance.
Section 5101.84 | Eligibility for Aid.
Section 5101.85 | Kinship Caregiver Defined.
Section 5101.851 | Statewide Kinship Care Navigator Program.
Section 5101.853 | Establishment of Regions.
Section 5101.854 | Content of Program for Kinship Caregivers.
Section 5101.855 | Adoption of Rules.
Section 5101.856 | Funding for Kinship Care Navigator Program.
Section 5101.86 | Adult Emergency Assistance Program.
Section 5101.87 | Victims of Human Trafficking Fund.
Section 5101.88 | Kinship Support Program Definitions.
Section 5101.881 | Kinship Support Program Established and Administered.
Section 5101.884 | Kinship Caregivers Eligible for Payments.
Section 5101.885 | Payment Amount.
Section 5101.886 | Payments Time-Limited.
Section 5101.887 | Conditions Requiring Payments to Cease.
Section 5101.889 | Foster Care Maintenance Payments for Kinship Caregiver Certified as Foster Home.
Section 5101.8811 | Kinship Support Program Rules.
Section 5101.8812 | Inalienability of Benefits.
Section 5101.89 | Youth and Family Ombudsman Office Definitions.
Section 5101.891 | Youth and Family Ombudsman Office.
Section 5101.892 | Office Duties; Annual Report.
Section 5101.893 | Evaluation of Annual Report.
Section 5101.894 | Reporting Suspected Violations of State Law.
Section 5101.895 | Office Administration.
Section 5101.897 | Employee Prohibitions.
Section 5101.899 | Record Access and Confidentiality.
Section 5101.93 | Warning, Explanation for Failure to Report Violation Involving a Companion Animal.