Ohio Revised Code
Chapter 5101 | Department of Job and Family Services- General Provisions
Section 5101.801 | Benefits and Services That Are Not Defined as Assistance.

Effective: September 29, 2013
Latest Legislation: House Bill 59 - 130th General Assembly
(A) Except as otherwise provided by the law enacted by the general assembly or executive order issued by the governor establishing the Title IV-A program, a Title IV-A program identified under division (A)(4)(c), (d), (e), (f), or (g) of section 5101.80 of the Revised Code shall provide benefits and services that are not "assistance" as defined in 45 C.F.R. 260.31(a) and are benefits and services that 45 C.F.R. 260.31(b) excludes from the definition of assistance.
(B)(1) Except as otherwise provided by the law enacted by the general assembly or executive order issued by the governor establishing the Title IV-A program, the department of job and family services shall do either of the following regarding a Title IV-A program identified under division (A)(4)(c), (d), (e), (f), or (g) of section 5101.80 of the Revised Code:
(a) Administer the program or supervise a county family services agency's administration of the program;
(b) Enter into an interagency agreement with a state agency for the state agency to administer the program under the department's supervision.
(2) The department may enter into an agreement with a government entity and, to the extent permitted by federal law, a private, not-for-profit entity for the entity to receive funding for a project under the Title IV-A demonstration program created under section 5101.803 of the Revised Code.
(3) To the extent permitted by federal law, the department may enter into an agreement with a private, not-for-profit entity for the entity to receive funds under the Ohio parenting and pregnancy program created under section 5101.804 of the Revised Code.
(C) The department may adopt rules governing Title IV-A programs identified under divisions (A)(4)(c), (d), (e), (f), and (g) of section 5101.80 of the Revised Code. Rules governing financial and operational matters of the department or between the department and county family services agencies shall be adopted as internal management rules adopted in accordance with section 111.15 of the Revised Code. All other rules shall be adopted in accordance with Chapter 119. of the Revised Code.
(D) If the department enters into an agreement regarding a Title IV-A program identified under division (A)(4)(c), (e), (f), or (g) of section 5101.80 of the Revised Code pursuant to division (B)(1)(b) or (2) of this section, the agreement shall include at least all of the following:
(1) A requirement that the state agency or entity comply with the requirements for the program or project, including all of the following requirements established by federal statutes and regulations, state statutes and rules, the United States office of management and budget, and the Title IV-A state plan prepared under section 5101.80 of the Revised Code:
(a) Eligibility;
(b) Reports;
(c) Benefits and services;
(d) Use of funds;
(e) Appeals for applicants for, and recipients and former recipients of, the benefits and services;
(f) Audits.
(2) A complete description of all of the following:
(a) The benefits and services that the program or project is to provide;
(b) The methods of program or project administration;
(c) The appeals process under section 5101.35 of the Revised Code for applicants for, and recipients and former recipients of, the program or project's benefits and services;
(d) Other requirements that the department requires be included.
(3) Procedures for the department to approve a policy, established by rule or otherwise, that the state agency or entity establishes for the program or project before the policy is established;
(4) Provisions regarding how the department is to reimburse the state agency or entity for allowable expenditures under the program or project that the department approves, including all of the following:
(a) Limitations on administrative costs;
(b) The department, at its discretion, doing either of the following:
(i) Withholding no more than five per cent of the funds that the department would otherwise provide to the state agency or entity for the program or project;
(ii) Charging the state agency or entity for the costs to the department of performing, or contracting for the performance of, audits and other administrative functions associated with the program or project.
(5) If the state agency or entity arranges by contract, grant, or other agreement for another entity to perform a function the state agency or entity would otherwise perform regarding the program or project, the state agency or entity's responsibilities for both of the following:
(a) Ensuring that the other entity complies with the agreement between the state agency or entity and department and federal statutes and regulations and state statutes and rules governing the use of funds for the program or project;
(b) Auditing the other entity in accordance with requirements established by the United States office of management and budget.
(6) The state agency or entity's responsibilities regarding the prompt payment, including any interest assessed, of any adverse audit finding, final disallowance of federal funds, or other sanction or penalty imposed by the federal government, auditor of state, department, a court, or other entity regarding funds for the program or project;
(7) Provisions for the department to terminate the agreement or withhold reimbursement from the state agency or entity if either of the following occur:
(a) The federal government disapproves the program or project or reduces federal funds for the program or project;
(b) The state agency or entity fails to comply with the terms of the agreement.
(8) Provisions for both of the following:
(a) The department and state agency or entity determining the performance outcomes expected for the program or project;
(b) An evaluation of the program or project to determine its success in achieving the performance outcomes determined under division (D)(8)(a) of this section.
(E) To the extent consistent with the law enacted by the general assembly or executive order issued by the governor establishing the Title IV-A program and subject to the approval of the director of budget and management, the director of job and family services may terminate a Title IV-A program identified under division (A)(4)(c), (d), (e), (f), or (g) of section 5101.80 of the Revised Code or reduce funding for the program if the director of job and family services determines that federal or state funds are insufficient to fund the program. If the director of budget and management approves the termination or reduction in funding for such a program, the director of job and family services shall issue instructions for the termination or funding reduction. If a Title IV-A administrative agency is administering the program, the agency is bound by the termination or funding reduction and shall comply with the director's instructions.
(F) The director of job and family services may adopt internal management rules in accordance with section 111.15 of the Revised Code as necessary to implement this section. The rules are binding on each Title IV-A administrative agency.

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.