Ohio Revised Code
Chapter 5101 | Department of Job and Family Services- General Provisions
Section 5101.24 | Actions for Failure to Meet Performance Standards.

Effective: October 16, 2009
Latest Legislation: House Bill 1 - 128th General Assembly
(A) As used in this section, "responsible county grantee" means whichever county grantee, as defined in section 5101.21 of the Revised Code, the director of job and family services determines is appropriate to take action against under division (C) of this section.
(B) Regardless of whether a family services duty is performed by a county family services agency, private or government entity pursuant to a contract entered into under section 307.982 of the Revised Code or division (C)(2) of section 5153.16 of the Revised Code, or private or government provider of a family service duty, the department of job and family services may take action under division (C) of this section against the responsible county grantee if the department determines any of the following are the case:
(1) A requirement of a grant agreement entered into under section 5101.21 of the Revised Code that includes a grant for the family services duty, including a requirement for grant agreements established by rules adopted under that section, is not complied with;
(2) A county family services agency fails to develop, submit to the department, or comply with a corrective action plan under division (B) of section 5101.221 of the Revised Code, or the department disapproves the agency's corrective action plan developed under division (B) of section 5101.221 of the Revised Code;
(3) A requirement for the family services duty established by the department or any of the following is not complied with: a federal or state law, state plan for receipt of federal financial participation, grant agreement between the department and a federal agency, or executive order issued by the governor;
(4) The responsible county grantee is solely or partially responsible, as determined by the director of job and family services, for an adverse audit finding, adverse quality control finding, final disallowance of federal financial participation, or other sanction or penalty regarding the family services duty.
(C) The department may take one or more of the following actions against the responsible county grantee when authorized by division (B)(1), (2), (3), or (4) of this section:
(1) Require the responsible county grantee to comply with a corrective action plan pursuant to a time schedule specified by the department. The corrective action plan shall be established or approved by the department and shall not require a county grantee to commit resources to the plan.
(2) Require the responsible county grantee to comply with a corrective action plan pursuant to a time schedule specified by the department. The corrective action plan shall be established or approved by the department and require a county grantee to commit to the plan existing resources identified by the agency.
(3) Require the responsible county grantee to do one of the following:
(a) Share with the department a final disallowance of federal financial participation or other sanction or penalty;
(b) Reimburse the department the final amount the department pays to the federal government or another entity that represents the amount the responsible county grantee is responsible for of an adverse audit finding, adverse quality control finding, final disallowance of federal financial participation, or other sanction or penalty issued by the federal government, auditor of state, or other entity;
(c) Pay the federal government or another entity the final amount that represents the amount the responsible county grantee is responsible for of an adverse audit finding, adverse quality control finding, final disallowance of federal financial participation, or other sanction or penalty issued by the federal government, auditor of state, or other entity;
(d) Pay the department the final amount that represents the amount the responsible county grantee is responsible for of an adverse audit finding or adverse quality control finding.
(4) Impose an administrative sanction issued by the department against the responsible county grantee. A sanction may be increased if the department has previously taken action against the responsible entity under this division.
(5) Perform, or contract with a government or private entity for the entity to perform, the family services duty until the department is satisfied that the responsible county grantee ensures that the duty will be performed satisfactorily. If the department performs or contracts with an entity to perform a family services duty under division (C)(5) of this section, the department may do either or both of the following:
(a) Spend funds in the county treasury appropriated by the board of county commissioners for the duty;
(b) Withhold funds allocated or reimbursements due to the responsible county grantee for the duty and spend the funds for the duty.
(6) Request that the attorney general bring mandamus proceedings to compel the responsible county grantee to take or cease the action that causes division (B)(1), (2), (3), or (4) of this section to apply. The attorney general shall bring mandamus proceedings in the Franklin county court of appeals at the department's request.
(7) If the department takes action under this division because of division (B)(3) of this section, temporarily withhold funds allocated or reimbursement due to the responsible county grantee until the department determines that the responsible county grantee is in compliance with the requirement. The department shall release the funds when the department determines that compliance has been achieved.
(D) If the department proposes to take action against the responsible county grantee under division (C) of this section, the department shall notify the responsible county grantee, director of the appropriate county family services agency, and county auditor. The notice shall be in writing and specify the action the department proposes to take. The department shall send the notice by regular United States mail.
Except as provided by division (E) of this section, the responsible county grantee may request an administrative review of a proposed action in accordance with administrative review procedures the department shall establish. The administrative review procedures shall comply with all of the following:
(1) A request for an administrative review shall state specifically all of the following:
(a) The proposed action specified in the notice from the department for which the review is requested;
(b) The reason why the responsible county grantee believes the proposed action is inappropriate;
(c) All facts and legal arguments that the responsible county grantee wants the department to consider;
(d) The name of the person who will serve as the responsible county grantee's representative in the review.
(2) If the department's notice specifies more than one proposed action and the responsible county grantee does not specify all of the proposed actions in its request pursuant to division (D)(1)(a) of this section, the proposed actions not specified in the request shall not be subject to administrative review and the parts of the notice regarding those proposed actions shall be final and binding on the responsible county grantee.
(3) In the case of a proposed action under division (C)(1) of this section, the responsible county grantee shall have fifteen calendar days after the department mails the notice to the responsible county grantee to send a written request to the department for an administrative review. If it receives such a request within the required time, the department shall postpone taking action under division (C)(1) of this section for fifteen calendar days following the day it receives the request or extended period of time provided for in division (D)(5) of this section to allow a representative of the department and a representative of the responsible county grantee an informal opportunity to resolve any dispute during that fifteen-day or extended period.
(4) In the case of a proposed action under division (C)(2), (3), (4), (5), or (7) of this section, the responsible county grantee shall have thirty calendar days after the department mails the notice to the responsible county grantee to send a written request to the department for an administrative review. If it receives such a request within the required time, the department shall postpone taking action under division (C)(2), (3), (4), (5), or (7) of this section for thirty calendar days following the day it receives the request or extended period of time provided for in division (D)(5) of this section to allow a representative of the department and a representative of the responsible county grantee an informal opportunity to resolve any dispute during that thirty-day or extended period.
(5) If the informal opportunity provided in division (D)(3) or (4) of this section does not result in a written resolution to the dispute within the fifteen- or thirty-day period, the director of job and family services and representative of the responsible county grantee may enter into a written agreement extending the time period for attempting an informal resolution of the dispute under division (D)(3) or (4) of this section.
(6) In the case of a proposed action under division (C)(3) of this section, the responsible county grantee may not include in its request disputes over a finding, final disallowance of federal financial participation, or other sanction or penalty issued by the federal government, auditor of state, or entity other than the department.
(7) If the responsible county grantee fails to request an administrative review within the required time, the responsible county grantee loses the right to request an administrative review of the proposed actions specified in the notice and the notice becomes final and binding on the responsible county grantee.
(8) If the informal opportunity provided in division (D)(3) or (4) of this section does not result in a written resolution to the dispute within the time provided by division (D)(3), (4), or (5) of this section, the director shall appoint an administrative review panel to conduct the administrative review. The review panel shall consist of department employees and one director or other representative of the type of county family services agency that is responsible for the kind of family services duty that is the subject of the dispute and serves a different county than the county served by the responsible county grantee. No individual involved in the department's proposal to take action against the responsible county grantee may serve on the review panel. The review panel shall review the responsible county grantee's request. The review panel may require that the department or responsible county grantee submit additional information and schedule and conduct an informal hearing to obtain testimony or additional evidence. A review of a proposal to take action under division (C)(3) of this section shall be limited solely to the issue of the amount the responsible county grantee shall share with the department, reimburse the department, or pay to the federal government, department, or other entity under division (C)(3) of this section. The review panel is not required to make a stenographic record of its hearing or other proceedings.
(9) After finishing an administrative review, an administrative review panel appointed under division (D)(8) of this section shall submit a written report to the director setting forth its findings of fact, conclusions of law, and recommendations for action. The director may approve, modify, or disapprove the recommendations. If the director modifies or disapproves the recommendations, the director shall state the reasons for the modification or disapproval and the actions to be taken against the responsible county grantee.
(10) The director's approval, modification, or disapproval under division (D)(9) of this section shall be final and binding on the responsible county grantee and shall not be subject to further departmental review.
(E) The responsible county grantee is not entitled to an administrative review under division (D) of this section for any of the following:
(1) An action taken under division (C)(6) of this section;
(2) An action taken under section 5101.242 of the Revised Code;
(3) An action taken under division (C)(3) of this section if the federal government, auditor of state, or entity other than the department has identified the responsible county grantee as being solely or partially responsible for an adverse audit finding, adverse quality control finding, final disallowance of federal financial participation, or other sanction or penalty;
(4) An adjustment to an allocation, cash draw, advance, or reimbursement to a responsible county grantee that the department determines necessary for budgetary reasons;
(5) Withholding of a cash draw or reimbursement due to noncompliance with a reporting requirement established in rules adopted under section 5101.243 of the Revised Code;
(6) An action taken under division (C)(5) of this section if the department determines that an emergency exists.
(F) This section does not apply to other actions the department takes against the responsible county grantee pursuant to authority granted by another state law unless the other state law requires the department to take the action in accordance with this section.
(G) The director of job and family services may adopt rules in accordance with Chapter 119. of the Revised Code as necessary to implement this section.

Structure Ohio Revised Code

Ohio Revised Code

Title 51 | Public Welfare

Chapter 5101 | Department of Job and Family Services- General Provisions

Section 5101.01 | Referring to Department or Director of Public Welfare or Human Services; References to County Department of Job and Family Services; References to Board of County Commissioners.

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 5101.11 | Seeking Federal Financial Participation for Costs Incurred by Entity Implementing Program Administered by Department.

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 5101.142 | Conducting Demonstration Project Expanding Eligibility for and Services Provided Under Title Iv-E.

Section 5101.143 | State Adoption Assistance Loan Fund.

Section 5101.144 | Children Services Fund.

Section 5101.145 | Rules Concerning Financial Requirements Applicable to Public Children Services, Private Child Placing, and Private Noncustodial Agencies.

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 5101.1417 | Rules to Carry Out Federal Foster Care, Adoption, and Kinship Guardian 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 5101.162 | Reimbursing County Expenditures for County Administration of Food Stamps or Medicaid.

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 5101.18 | Determining What Payments Shall Be Regarded or Disregarded as Income in Determining Aid.

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 5101.183 | Rules Regarding Recovering Cost of Social Services Provided or Diverted to Ineligible Persons.

Section 5101.184 | Collecting Overpayments of Assistance From State and Federal Income Tax Refunds.

Section 5101.20 | Grant Agreements for Workforce Development Activities.

Section 5101.201 | Agreements With One-Stop Operators and Partners Implementing Workforce Innovation and Opportunity Act.

Section 5101.21 | Written Grant Agreements Between Director and County.

Section 5101.211 | Written Agreements With State Agency, University or College or Private or Government Entity.

Section 5101.212 | Duty of Religious Organization Contracting With Department.

Section 5101.214 | Agreements to Enhance County Family Services Duties and Workforce Development Activities.

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 5101.241 | Actions for Noncompliance With Workforce Development Activity Standards or Requirements.

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 5101.28 | Written Agreements With Law Enforcement Agencies to Exchange, Obtain, or Share Information Regarding Public Assistance Recipients.

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 5101.35 | Appeals.

Section 5101.351 | Hearing Officers.

Section 5101.36 | Right of Subrogation to Department of Job and Family Services for Workers' Compensation Benefits.

Section 5101.37 | Investigations and Hearings by Department, County or Child Support Enforcement Agency.

Section 5101.38 | Appointment of Agents.

Section 5101.44 | Ohio Welfare Conference.

Section 5101.45 | Conference Expenses.

Section 5101.46 | Administering Provision of Social Services Funded Through Grants Made Under Title Xx.

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 5101.49 | Establishing Refugee Assistance Program and State Legalization Impact Assistance Program.

Section 5101.53 | Supplementing Payments of Recipients of Aid Under Title XVI of Social Security Act.

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 5101.55 | Abortion.

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 5101.621 | Memorandum of Understanding Related to Responsibilities in Cases of Adult Abuse, Neglect, and Exploitation.

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 5101.682 | Hearing.

Section 5101.69 | Temporary Restraining Order to Restrain Person From Interfering With Provision of Protective Services.

Section 5101.70 | Emergency Order.

Section 5101.701 | Ex Parte Emergency Order Authorizing Provision of Protective Services.

Section 5101.702 | Hearing.

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 5101.90 | Evaluation of County Department on Helping Public Assistance Recipients Obtain Employment.

Section 5101.93 | Warning, Explanation for Failure to Report Violation Involving a Companion Animal.

Section 5101.971 | Annual Report.

Section 5101.99 | Penalty.