Ohio Adm.Code 5101:9 | Ohio Administrative Code 5101:9 — Department of Job and Family Services | ODJFS Practices

Chapter 5101:9-1 Performance Standards

Ohio Adm.Code 5101:9-1-02 County cost structures.

(A) The Ohio department of job and family services (ODJFS) allocates costs in accordance with the ODJFS federally approved cost allocation plan (CAP). This quarterly plan is submitted to the United States department of health and human services and defines the method used by ODJFS to distribute and report costs to the various job and family services programs Ohio administers. Costs are placed in one of the seven cost categories in paragraph (B) of this rule based on the activity to which they relate. Costs of similar functions in like circumstances must be treated consistently in making this assignment. General cost principles based on 2 C.F.R. part 200 are found in rule 5101:9-1-18 of the Administrative Code.

(B) The following cost structures are contained in the ODJFS CAP and must be used by the county family services agency for state and federal reporting purposes. Each county agency shall consistently apply costs within at least one of the following seven cost structures based on the activity performed:

(1) Income maintenance cost category includes direct income maintenance and income maintenance related costs. In a county department of job and family services (CDJFS) that does not have staff who work solely on Workforce Innovation and Opportunity Act (WIOA) activities, this cost category may also include WIOA costs.

(2) Social services cost category includes direct social services and social services related costs. In a CDJFS that does not have staff who work solely on WIOA activities, this cost category may also include WIOA costs.

(3) Child support cost category includes direct child support costs and child support administrative costs.

(4) WIOA cost category includes direct WIOA and WIOA related costs when staff work solely on WIOA program activities.

(5) Child welfare cost category includes direct child welfare costs and child welfare administrative costs. In a combined agency, these costs will be included in paragraph (B) (2) of this rule.

(6) ODJFS acknowledged CDJFS function/program cost category includes direct or shared ODJFS acknowledged CDJFS function/program costs of programs assigned by the county board of county commissioners to be administered by the county agency.

(7) Shared cost category.

(C) The county agency shall determine all direct, administrative and shared costs within the categories outlined in paragraph (B) of this rule to specific programs and grants in accordance with this chapter.

Last updated July 5, 2022 at 1:37 PM

History

Effective: July 5, 2022
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-1-03 Direct costs.

(A) In accordance with the Ohio department of job and family services (ODJFS) federally approved cost allocation plan, "direct costs" are costs that:

(1) Benefit two or more state or federal programs in proportions that can be determined without undue effort or cost and the cost must be allocated to the programs based on the proportional benefit;

(2) May not be charged to a federal or state program as a direct cost if any other cost incurred for the same purpose in like circumstances has been charged as an indirect cost;

(3) Are excluded from all cost pools; and

(4) Include dedicated workers to a state or federal program and the workers do not participate in the random moment sample time study.

(B) Classification of direct costs in accordance with the ODJFS cost allocation plan are:

(1) Direct capital asset costs are as defined in paragraph (A)(2) of rule 5101:9-4-10 of the Administrative Code; and:

(a) Are not depreciated as outlined in paragraph (E) of rule 5101:9-4-10 of the Administrative Code;

(b) Federal and/or state direct charge approval does not impact county financial statement depreciation; and

(c) When a capital asset is allowable to be direct charged to a state funding source, depreciation is not allowable to be claimed to any federal grant, either direct or indirect.

(2) "Direct income maintenance (IM) costs" are costs for contracts or purchased services that benefit a particular IM program including temporary assistance to needy families (TANF), medicaid, food assistance (FA), food assistance employment and training (FAET), healthchek, IM case management, at risk pregnancy case management transportation and the "Workforce Innovation and Opportunity Act" (WIOA); and can be directly allocated to activities associated with those specific programs. Direct IM costs also include costs of equipment that have received prior federal approval to be direct charged to particular IM programs.

(3) "Direct social services (SS) costs" are costs for contracts or purchased services that benefit and can be identified with a particular SS program including TANF, workforce development, refugee resettlement, childcare, enhanced medicaid transportation, or specific components/activities of the Title XX program; and can be directly allocated to activities associated with those specific programs. Direct SS costs also include costs of equipment that have received prior federal approval to be direct charged to a particular SS program or Title XX activity.

(4) "Direct child support costs (CS)" are costs of contracts or purchased services that benefit and can be identified with and directly charged to a specific activity within a specific child support program area and can be directly allocated to activities associated with those specific programs. Direct CS costs also include costs of equipment that have received prior federal approval to be direct charged to a particular CS program.

(5) "Direct WIOA program costs" are costs of contracts and purchased services that benefit and can be identified with a particular WIOA program and can be directly allocated to activities associated with those specific programs. Direct WIOA costs are also costs of equipment that have received approval through the JFS 01994 "Request for Approval to Direct Charge Workforce Innovation and Opportunity Act (WIOA) Area Funds for Equipment" process to be direct charged to a particular WIOA program.

(6) "Direct child welfare (CW) costs" are costs of contracts, purchased services and maintenance costs that can be identified with a specific child welfare program including Title IV-B, state child protective allocation (SCPA), independent living (IL), TANF, post adoption assistance, Title XX related to children and post adoption special service subsidies (PASSS).

(7) "Direct foster care and adoption assistance costs" are defined as contractually purchased services excluded from the SS and CW administrative cost pool. These costs are for services incurred solely for allowable IV-E activities.

(8) "Direct ODJFS acknowledged county department of job and family services (CDJFS) function/program costs" are administrative or operating costs related to a specific ODJFS acknowledged CDJFS function/program administered by other state or local agencies but completed by staff in a public assistance agency. These direct ODJFS acknowledged function/program costs are considered non-reimbursable for ODJFS cost purposes including women, infants and children program as authorized by the Ohio department of health (ODH), county operated nursing facility, local area agency for aging and local emergency assistance (EA) programs. A direct ODJFS acknowledged CDJFS function/program cost is the cost of salaries of direct service employees that are dedicated to a specific ODJFS acknowledged CDJFS function/program administered by another agency.

Last updated July 22, 2022 at 1:52 AM

History

Effective: July 22, 2022
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-1-04 Administrative costs.

(A) The Ohio department of job and family services (ODJFS) allocates costs in accordance with the ODJFS federally approved cost allocation plan (CAP). This quarterly plan is submitted to the United States department of health and human services (HHS) and defines the method used by ODJFS to distribute and report administrative costs to the various job and family services programs Ohio administers. Costs are placed in a cost category described in rule 5101:9-1-02 of the Administrative Code. Costs of similar functions in like circumstances must be treated consistently in making assignment to one of the cost categories.

General cost principles are based on 2 C.F.R. part 200 found in rule 5101:9-1-18 of the Administrative Code.

(B) Definitions:

(1) Administrative costs are costs that benefit more than one federal program, and are:

(a) Not readily assignable without effort disproportionate to the results achieved to a specific program or specific program cost pool.

(b) Determined to be allowable as outlined in rule 5101:9-1-18 of the Administrative Code.

(d) Costs associated with direct casework activity are measured and allocated to federal funding programs through the random moment sample (RMS) time study as described in rules 5101:9-7-20 and 5101:9-7-23 of the Administrative Code.

(e) Also known as indirect codes, cost pool costs, operating costs, and cost objectives.

(f) Do not include costs that can be directly assigned to a specific program.

(2) A local agency is a non-federal entity (NFE) defined in 2 C.F.R. 200 subpart A:

(a) A state or local government that carries out a federal award as a recipient or subrecipient.

(b) A local government means any unit of government within a state, including a county or a council of governments, whether or not incorporated as a nonprofit corporation under state law.

(3) Major ODJFS acknowledged program areas.

(a) Income maintenance (IM).

(b) Social services (SS).

(d) Workforce Innovation Opportunity Act (WIOA).

(e) Child welfare (CW).

(C) ODJFS acknowledged county department of job and family services (CDJFS) cost structures as described in rule 5101:9-1-02 of the Administrative Code.

(1) Shared cost pool costs benefit more than one major program area and allocate to each identified major program area in a CDJFS as described in rule 5101:9-1-05 of the Administrative Code.

(2) IM administrative costs are costs that benefit one or more IM programs. The IM cost pool consists of costs relating to the administration of various IM programs and may include work activities under prevention, retention, and contingency (PRC), Ohio works first (OWF), or food assistance employment and training (FAET). In a CDJFS, this cost category may also include WIA costs.

(3) SS administrative costs are costs that benefit one or more SS programs. The SS cost pool consists of costs relating to the administration of various SS programs, including work activities under PRC, OWF, FSET, and specific IM or WIA programs, if these programs are performed by SS staff.

(4) CS cost pool costs distribute expenditures for the CS program among CS Title IV-D (and non IV-D) activities such as parent location, paternity establishment, establishment of support orders, support enforcement, medical support, collection and disbursement of payment, distribution, and administrative activity.

(5) WIOA (WI/WF) cost pool costs benefit more than one department of labor (DOL) federal program such as, adult, dislocated worker, and rapid response programs.

(6) CW cost pool costs:

(a) Benefit more than one HHS federal program such as, Title IV-E foster care and adoption program, Title IV-B federal child welfare subsidy, state child protective services, and medicaid related to children, TANF related to services for needy children, and independent living (IL) programs.

(b) The CW cost pool is reported in a stand-alone public children services agency (PCSA).

(c) In a combined agency, as described in rule 5101:9-1-16 of the Administrative Code, the CW costs are included in the SS cost pool.

Last updated May 6, 2024 at 8:25 AM

History

Effective: May 4, 2024
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-1-05 Allocation of shared costs.

(A) Definition.

Shared costs are indirect costs incurred for a common purpose that benefit two or more major program areas of the Ohio department of job and family services (ODJFS) acknowledged cost structures outlined in paragraph (B) of rule 5101:9-1-02 of the Administrative Code. Shared costs are:

(1) Not readily assignable without effort disproportionate to the results achieved to a specific program or specific program cost pool.

(2) Determined to be allowable as outlined in rule 5101:9-1-18 of the Administrative Code.

(3) Shared costs are reported in the shared cost pool.

(B) Shared cost pool costs.

(1) Employee activities. When employee activities benefit two or more major program areas, their payroll and benefits costs are reported in the shared cost pool. Examples of staff who are appropriately charged to the shared cost pool include:

(a) The director, the director's immediate staff, and other staff who support the general administration of the agency, such as personnel, fiscal, security or centralized purchasing;

(b) The costs associated with those staff are not readily assignable to a specific program area cost pool, and;

(2) Contract costs. Administrative contract costs are included in the shared cost pool if they are not assignable to a specific program or a major program cost pool in accordance with relative benefit received. Examples of administrative contracts appropriately charged to a shared cost pool include, but are not limited to, human resource services or any service that indirectly benefits more than one federal program operated by the local agency.

(3) Shared costs include local agency functions.

Shared costs are allocated to the major program areas in a two phase process:

(1) In the first phase, shared costs are allocated to each major program area based on the average number of full-time equivalent positions within each major program area in the county department of job and family services (CDJFS). The major program areas are income maintenance (IM), social services (SS), Workforce Innovation and Opportunity Act (WIOA) and child support (CS).

(a) Costs associated with WIOA may be included in the IM or SS cost pools; and

(b) A WIOA cost pool may also be considered a major program area if workforce staff in a CDJFS work solely on workforce programs.

(2) In the second phase, shared costs are further distributed to programs within each major program area.

(a) The IM portion of shared costs identified in phase one is added to the IM indirect costs to create a total IM cost pool.

(i) These costs are then distributed to the IM related programs based on percentages derived from the IM RMS time study.

(ii) In a CDJFS that does not have staff who work solely on WIOA activities and the WIOA staff are not included in the SS cost pool, the IM WIOA portion of shared costs identified in phase one is included in the IM cost pool.

(b) The SS portion of shared costs identified in phase one is added to the SS indirect costs to create a total SS cost pool.

(i) These costs are then distributed to the SS related programs based on percentages derived from the SS RMS time study.

(ii) In a CDJFS that does not have staff who work solely on WIOA activities and the WIOA staff are not included in the IM cost pool, the SS WIOA portion of shared costs identified in phase one is included in the SS cost pool.

(c) The CS portion of shared costs identified in phase one is added to the CS costs to create a total CS cost pool. Costs are distributed between Title IV-D and non-IV-D activities based on percentages derived from the CS RMS time study.

(d) In a CDJFS with staff who work solely on WIOA activities, the WIOA portion of shared costs identified in phase one is added to the WIOA indirect costs to create a total WIOA cost pool. These costs are then distributed to the WIOA related programs based on percentages derived from the WIOA RMS time study.

(D) Shared costs are reported in a CDJFS organizational structure as outlined in paragraph (A) of rule 5101:9-1-16 of the Administrative Code.

(E) ODJFS acknowledged CDJFS shared costs are paid from the public assistance (PA) fund. The individual CDJFS function/program funds shall reimburse the PA fund for the portion of shared costs attributable to its major program areas, as identified through the process described in paragraph (B) of this rule. The transfer between funds shall be identified through the expenditure reporting process.

Last updated August 29, 2022 at 8:38 AM

History

Effective: August 25, 2022
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-1-10 Countywide central service costs.

(A) "Countywide central service costs" are allowable costs of services provided by a governmental unit on a centralized basis to its departments and agencies. Countywide central service costs include costs that are incurred by other county agencies such as the county auditor, county prosecutor, or county treasurer, for the benefit of the county family services agency, and the cost of other central services allocated to the county family services agency. Countywide central service costs fall into one of the two following categories:

(1) "Billed central services" means central services that are billed to benefitting agencies and/ or programs on an individual fee for service or similar basis.

(2) "Allocated central services" means central services that benefit agencies but are not billed to the agencies on a fee for service or similar basis.

(B) In accordance with 2 C.F.R. part 200, appendix V, county governments claiming countywide central service costs under federal awards must develop a countywide central services cost allocation plan that identifies, accumulates and allocates the countywide central service costs. County governments must address any central service cost that benefits all county government branches, whether treated as a billed charge to the county family services agency (CFSA) or as an allocated charge in the plan. The countywide central services cost plan is prepared by the board of county commissioners and submitted to the Ohio department of job and family services (ODJFS) on behalf of the CFSA claiming reimbursement no later than December thirty-first of the calendar year for which it is used as the basis of claim.

(C) CFSAs report countywide central service costs as shared or as income maintenance administrative, social services administrative (adult social services and/or child related social services), Workforce Innovation and Opportunity Act (WIOA), and child support administrative expenditures as identified in the plan and as applicable to the CFSA. CFSAs report countywide central service cost in accordance with rule 5101:9-7-29 of the Administrative Code.

Last updated September 6, 2022 at 8:26 AM

History

Effective: September 5, 2022
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-1-16 County organizational structure and family services duties.

(A) The Ohio department of job and family services (ODJFS) currently recognizes, the following county family services agency (CFSA) organizational structures as designated by the board of county commissioners (BOCC), in accordance with sections 307.981 and 329.40 of the Revised Code:

(1) County department of job and family services (CDJFS);

(2) Child support enforcement agency (CSEA);

(3) Public children services agency (PCSA);

(4) Any combination of a CDJFS and one or more county organizational structures included in this paragraph; or

(5) A joint county CDJFS as outlined in this rule.

The BOCC has designated each agency as a county family services agency (CFSA) that carries out family services duties as defined in section 307.981 of the Revised Code. Family services duties do not include activities funded by the United States department of labor.

(B) The responsibilities for each recognized CFSA is as follows:

(1) The CDJFS has or may have the responsibility of administering the following family services duties and related activities. While ODJFS is required to assure that statewide mandated services are available in all eighty-eight counties, there may be local flexibility with respect to the Title XX social services plan and prevention, retention and contingency (PRC) plans filed by each county:

(a) Income maintenance (IM) programs and activities that include:

(i) Title XIX medicaid administration and related programs;

(ii) Food assistance (FA) administration and employment training; and

(iii) Other income support programs administered by ODJFS and governed by the department of health and human services (DHHS) and the United States department of agriculture (USDA).

(b) Family and adult social services that include:

(i) Title XX social services block grant;

(ii) Adult protective services (APS);

(iii) Child care; and

(iv) Other adult and family support programs administered by ODJFS.

(i) Ohio works first (OWF) work activities;

(ii) PRC;

(iii) Training; and

(iv) Other approved TANF allowable programs and activities.

(2) The CSEA has the responsibility of administering the family services duties and activities related to Title IV-D child support program, which includes, but is not limited to:

(a) Locating noncustodial parents;

(b) Establishing paternity;

(d) Support enforcement for children and medical support for payment collection; and

(e) Non-IV-D related activities such as:

(i) Title XIX, as it relates to support enforcement;

(ii) TANF Title IV-A activities;

(iii) Title IV-E, as it relates to paternity establishment, support order establishment activities;

(iv) Spousal support; and

(v) Special enforcement/employment projects in conjunction with OWF work activities.

(3) The PCSA has the responsibility of administering services activities for children in need of public care or protective services, as described in section 5153.16 of the Revised Code, which includes but is not limited to:

(a) Title IV-E foster care and adoption;

(b) Title IV-B child protective services activities;

(d) State child protective services;

(e) Title XIX medicaid activities related to children in custody of the PCSA;

(f) Title XX. (Although the PCSA is not responsible for administration of the Title XX program, the PCSA may administer Title XX activities in accordance with the county's approved Title XX plan and through an agreement with the local CDJFS); and

(g) Other children services programs administered by ODJFS.

(4) Combined agencies:

A BOCC may elect to combine any of the organizational structures as outlined in this rule with the CDJFS as follows:

(a) CSEA programs and activities where the board of county commissioners has designated the CDJFS as the local agency assigned the child support program functions;

(b) PCSA programs and activities where the board of county commissioners has designated the CDJFS as the local agency assigned the children services program functions;

(c) In addition to the family services duties listed in this rule, the CDJFS may, in accordance with section 329.05 of the Revised Code, administer or assist in administering other state or local family services duties supported wholly or in part by public funds from any source provided by agreement between the BOCC and the agency in which the administration of such activity is vested; and

(d) When appointed by the local workforce area's chief elected officials in accordance with rule 5101:9-31-01 of the Administrative Code, the CDJFS will have the responsibility of providing workforce development activities, as authorized by the Workforce Innovation and Opportunity Act of 2014.

(5) Joint CDJFS:

As outlined in section 329.40 of the Revised Code, a BOCC, by entering into a written agreement, may form a joint CDJFS to perform the duties, provide the services, and operate the programs required under this chapter.

(a) Each BOCC entering into the agreement shall provide written notice of their intent to form a joint CDJFS to the director of ODJFS.

(i) Notification shall include a copy of the BOCC resolution of intent to form a joint CDJFS.

(ii) The notification shall be received by ODJFS no less than ninety days before the agreement's effective date.

(iii) The agreement shall take effect not earlier than the first day of the calendar quarter following the ninety-day notice period.

(b) The BOCC's of the counties forming the joint county department shall collectively constitute the board of directors of the joint CDJFS.

(c) On the effective date of the agreement, the board of directors shall take control of and manage the joint county department subject to this chapter and all other sections of the Revised Code governing the authority and responsibilities of a single board of county commissioners in the operation of a single CDJFS.

(d) All rules, regulations and policies that govern a CDJFS shall also be applicable to a joint CDJFS.

(1) The BOCC may initiate a change to the organizational structure of a county family services agency (CFSA). The new organizational structure must be in accordance with paragraph (A) of this rule. The BOCC may:

(a) Merge or combine CFSAs; or

(b) Separate a CFSA or workforce development function from a combined agency and create a stand alone agency.

(2) Notification of change:

The CFSA shall provide written notice of the intent to change the organizational structure to ODJFS. The notification of intent to change any organizational structure of the agency shall be submitted by the CFSA to the ODJFS bureau of county finance and technical assistance (BCFTA). BCFTA will provide the notification to the ODJFS office of fiscal and monitoring services (OFMS) and, if applicable, the appropriate ODJFS program area.

(a) Notification shall include a copy of the BOCC resolution of intent to change the county agency's organizational structure.

(b) The notification shall be received by ODJFS no less than ninety days before the proposed organizational change date.

(c) The organizational change shall take effect no earlier than the first day of the quarter following the ninety-day notice period.

(3) Action plan:

(a) Agencies shall develop an action plan outlining the changes necessary to remain in compliance with the ODJFS federally approved cost allocation plan (CAP).

(b) Final plans must be submitted by the CFSA to the BCFTA no later than sixty days before the organizational change date.

(c) Plans shall include information and timelines regarding necessary changes to the random moment sample (RMS) time study and associated cost pools to ensure compliance with Chapter 5101:9-7 of the Administrative Code.

Last updated December 15, 2025 at 7:43 AM

History

Effective: December 15, 2025
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-1-18 Federal grant cost principles for county family services agency (CFSA) and Workforce Innovation and Opportunity Act (WIOA) local areas.

(A) Cost principles, as outlined in 2 C.F.R. 200 subpart E, communicate the general criteria to determine when a cost is allowable to claim as a direct or an allocable indirect cost to a federal grant. The following basic criteria assists in determining allowable costs. For more detailed information go to https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-E.

(1) Reasonable:

(a) The cost amount does not exceed that which would be incurred by a prudent person under similar circumstances; and

(b) The cost is comparable to prices for goods or services within the geographic area.

(2) Necessary:

(a) The cost is necessary for the purposes and performance of the federal grant; and

(b) The cost is generally recognized as ordinary and necessary for the operation of the CFSA or WIOA local area and does not significantly deviate from the locally established cost practices and policies.

(3) Composition and consistent treatment of costs:

(a) A cost may not be charged to a federal grant as a direct cost if any other cost incurred for the same purpose in like circumstances has been allocated to the federal award as an indirect cost.

(b) Direct costs are costs that are charged directly to a federal grant.

(c) Indirect costs are costs which accumulate and allocate to open federal grants that are not in liquidation. Indirect costs are also known as cost pool costs, operating costs, and cost objectives.

(d) Applicable credits.

(4) Allocable:

(a) Allocation is the process of assigning accumulated indirect costs to federal grants.

(b) An indirect cost is allocable to a federal grant in accordance with the relative benefit received based on the allocation methodology.

(B) According to the CFSA and WIOA local area subgrant agreements, as outlined in rules 5101:9-6-02 and 5101:9-31-01 of the Administrative Code, each CFSA and WIOA local area will ensure costs are claimed for the intended purposes of federal grants.

Last updated February 24, 2022 at 10:52 AM

History

Effective: February 24, 2022
Promulgated Under: 111.15

Chapter 5101:9-2 Workforce Investment Act

Ohio Adm.Code 5101:9-2-01 Civil rights plan.

(A) Definitions used in this rule.

(1) "Beneficiaries" means applicants, recipients, and potential applicants and recipients of services, assistance, and other benefits administered by the county agency or county agency contractors.

(2) "County Agency" means the county department of job and family services, the public children services agency, and the child support enforcement agency.

(3) "County Agency Contractor" means any governmental or non-governmental entity that receives funds from the county agency, whether directly or indirectly, to provide services, assistance, or benefits to individuals or that performs duties or activities for the county agency pursuant to a contract, grant, or other agreement.

(4) "Limited English Proficiency" (LEP) means any person or group of persons who cannot speak, read, write or understand the English language at a level that allows them to meaningfully communicate with county agencies or county agency contractors.

(B) Compliance for the Ohio department of job and family services (ODJFS) and the county agency.

All programs, services, and benefits that are administered, supervised, authorized, and/or participated in by a county agency shall be operated in accordance with the nondiscrimination requirements of Title VI of the Civil Rights Act of 1964, as amended; section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975; the Multiethnic Placement Act of 1994, as amended by the Interethnic Adoption Provisions of 1996; the Americans with Disabilities Act Amendment Act of 2008; Title IX of the Education Amendments of 1972 and the Workforce Innovation and Opportunity Act (WIOA) of 2014. The county agency is responsible for ensuring compliance with this rule by all county agency contractors.

(C) No person(s) shall, in violation of state or federal law, on the grounds of race, color, national origin, disability, age, sex, religion, political affiliation or belief, Workforce Innovation and Opportunity Act (WIOA) participation status, or, for beneficiaries only, citizenship status (not all bases apply to all programs) be excluded from participation in, be denied or delayed the benefits or services of, or be otherwise subjected to discrimination under any program, service, or benefit authorized or provided by ODJFS, a county agency, or a county agency contractor.

(D) In carrying out its duties, the county agency shall not discriminate against any employee or applicant for employment because of race, color, national origin, disability, age, sex, religion, political affiliation or belief, WIOA participation status, or, for beneficiaries only, citizenship status (not all bases apply to all programs). The county agency shall ensure that applicants are hired, and that employees are treated during employment without discrimination based on their race, color, national origin, disability, age, sex, religion, political affiliation or belief, WIOA participation status, or, for beneficiaries only, citizenship status (not all bases apply to all programs). Such action includes, but is not limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.

(E) The county agency and its county agency contractors shall operate each program or activity so that when viewed in its entirety, each program or activity is readily accessible to persons with disabilities and provides meaningful access to persons with limited English proficiency. This shall include, but not be limited to, making the physical facilities accessible to persons with disabilities and providing interpreters at no charge to those beneficiaries who are visually or hearing impaired, or are limited English proficient.

(F) The county agency shall ensure that the opportunity to participate as members of planning, advisory, and policy boards is available to persons in a nondiscriminatory manner.

(G) The county agency and county agency contractors shall develop policies and procedures that ensure that all recruitment and employment practices do not discriminate on the basis of race, color, national origin, disability, sex, age, religion, political affiliation or belief, WIOA participation status, or, for beneficiaries only, citizenship status (not all bases apply to all programs). Its employment practices also must not have the effect of causing discrimination in the delivery of services and benefits under the program.

(H) Delegation of authority.

ODJFS shall administer nondiscrimination laws, rules, and regulations through the following methods of administration: The director of the county agency has the responsibility for implementing and enforcing civil rights laws, rules, and regulations within its service system, including county agency contractors, pursuant to the provisions of this rule and other applicable state and federal laws.

(I) For purposes of administration of the civil rights plan described in this rule, there are two distinct levels of responsibility: ODJFS and the county agency.

(1) The ODJFS-bureau of civil rights (ODJFS-BCR) is responsible for the following:

(a) Investigating all complaints of discrimination arising under paragraphs (B), (C), and (E) of this rule.

(b) Preparing compliance reports for submission to the U.S. department of health and human services, office for civil rights (HHS, OCR), the U.S. department of labor, civil rights center (DOL, CRC), and the U.S. department of agriculture, food and nutrition service, office for civil rights (USDA, FNS, OCR); and providing instructions and guidance to the county agency civil rights coordinator in all aspects of implementing the civil rights laws and the processing of complaints. ODJFS-BCR shall also advise and recommend actions to county agencies to remedy noncompliance.

(d) Acting as liaison between ODJFS, HHS, DOL, and USDA offices for civil rights.

(2) The county agency is responsible for the following:

(a) Developing a civil rights plan, LEP plan and Americans with Disabilities Act (ADA) plan to ensure that the county agency and county contractor comply with this rule and all applicable federal and state civil rights laws, rules, and regulations. The LEP plan has a review schedule of every two years. The civil rights plan and the ADA plan are not under a review schedule. If there is a significant change in civil rights or ADA law, a change in the county agency such as a new civil rights coordinator, new county agency director, adding another agency, or any other changes that will impact the civil rights plan or ADA plan, then the county agency will revise the plan and provide a copy to ODJFS-BCR. Copies of all revised plans (civil rights, LEP, ADA) are to be provided to ODJFS-BCR.

(b) Appointing a civil rights coordinator who shall be expected to perform the following responsibilities:

(i) Attending ODJFS approved civil rights training within six months of becoming the civil rights coordinator and participating in training updates as required by ODJFS.

(ii) Providing input to management to improve non-discrimination and the offering of reasonable accommodations in service delivery, and to discuss civil rights complaints, issues, and reports of compliance activities within the county agency or within county agency contractors.

(iii) Maintaining essential compliance records and files, including client analysis data, staff training records, confidential complaint files, and accommodation requests.

(iv) Reviewing written policies to make sure that those policies are nondiscriminatory.

(v) Providing technical assistance or referring staff to appropriate resources for technical assistance. Providing annual training on civil rights in service delivery to staff. New staff shall receive training as part of their initial orientation. Maintain records (i.e., rosters) of training.

(vi) Civil rights coordinators (CRC) shall disseminate civil rights information to county agency staff and county agency contractors, vendors, beneficiaries, and other interested parties.

(vii) Acting as civil rights liaison between ODJFS, the county agency, county agency contractors, beneficiaries, and community groups or other organizations concerning civil rights in the delivery of services.

(J) Complaints.

(1) Any person may file a written complaint alleging discrimination within one hundred eighty days from the date of the alleged discriminatory act. Refer to ODJFS-BCR's rules on the Multi-Ethnic Placement Act of 1994 and WIOA for different complaint filing timeframes. Complaints can be filed with the ODJFS-BCR or the county agency. Assistance in drafting and filing complaints shall be made available. A complaint is deemed filed when the county agency or ODJFS-BCR receives a written statement sufficiently precise to identify the parties and to describe generally the action or practices for which there is a complaint. ODJFS discrimination complaint forms may be obtained from the ODJFS-BCR or the county agency, but the use of any particular form is not required for the proper filing of a complaint.

(2) Any complaint alleging discrimination filed with ODJFS-BCR or a county agency shall contain the following information:

(a) The full name and address of the person making the complaint.

(b) The full name and address of the covered entity (e.g., ODJFS, CDJFS, OMJ) against whom the complaint is made.

(i) Race;

(ii) Color;

(iii) Religion;

(iv) National origin;

(v) Disability;

(vi) Age;

(vii) Sex;

(viii) Political affiliation or belief (WIOA and FNS);

(ix) WIOA participation status; or

(x) For beneficiaries only, citizenship status (WIOA only).

(d) A statement of the facts that the complainant believes indicates an unlawful discriminatory practice.

(e) The date or dates of the alleged unlawful discriminatory practice; or if the alleged unlawful discriminatory practice is of a continuing nature, the dates between which said continuing acts are alleged to have occurred.

(f) A statement as to any other grievance, action or proceeding in any other forum based upon the same facts as are alleged in the complaint, together with a statement as to the status or disposition of such other action.

(K) The complainant and respondent shall be advised of the results of the investigation, after the completion of the investigation, which includes referral to FNSRO and its concurrence with ODJFS' action. The complainant shall also be advised of the right to file a complaint with any appropriate state or federal civil rights enforcement agency.

(L) The ODJFS-BCR shall maintain records that show the nature of the complaint, the details of the investigation, and the actions taken by ODJFS.

(M) Upon receiving a complaint alleging discrimination, the county agency shall:

(1) Forward the complaint to the ODJFS-BCR within three working days of date of receipt;

(2) Make all persons or papers pertaining to a case being handled by the ODJFS-BCR available at the ODJFS-BCR's request unless doing so would violate state or federal law;

(3) Submit any information requested by the ODJFS-BCR not later than fourteen working days from date of receipt of request unless otherwise agreed upon;

(4) Cooperate fully with the ODJFS-BCR during the course of any investigation;

(5) Not initiate, conduct, or run concurrent investigation(s); and

(6) Not retaliate against the complainant or any person(s) associated with any inquiry conducted by the ODJFS-BCR.

(N) Any complaint by an employee of a county agency or county agency contractor that arises under paragraph (D) or (G) of this rule should be filed with either the Ohio civil rights commission and/or the U.S. equal employment opportunity commission. ODJFS has no authority to investigate complaints arising under paragraph (D) or (G) of this rule.

(O) Notice.

The county agency and county agency contractors shall execute, in writing, an assurance that they will comply with all federal, state, and local civil rights laws, this rule, and all policies and procedures of ODJFS.

(P) The county agency and county agency contractors shall have a written nondiscrimination policy that effectively communicates to beneficiaries that the administration, services, assistance, and other benefits of its programs are provided on a nondiscriminatory basis. The county agency and county agency contractors shall, in brochures, pamphlets, or communications that are designed to notify the general public of its services and programs, inform all that the services and programs are provided on a nondiscriminatory basis as required by federal, state, and local civil rights laws. As a result of the organization's commitment to civil rights, the county agency and its contract providers shall also:

(1) Provide notice to beneficiaries, and employees with impaired vision and/or hearing, and individuals who are LEP that, if needed, an interpreter or other reasonable accommodations will be provided for them at no charge.

(2) Provide notice to beneficiaries of the right to file a complaint if they feel that they have been discriminated against in county agency administered programs, on the basis of race, color, national origin, disability, age, sex, religion, political affiliation or belief, WIOA participation status, or, for beneficiaries only, citizenship status (not all bases apply to all programs). This notice shall include the name, title, and location of the person responsible for receiving the complaint.

(Q) The county agency shall agree to post in conspicuous places, available to employees and applicants for employment, notices stating that the county agency complies with all applicable federal and state non-discrimination laws. The county agency shall, in all solicitations or advertisements for employees placed by or on its behalf, state that all qualified applicants shall receive consideration for employment without regard to race, color, national origin, disability, age, sex, religion, political affiliation or belief, WIOA participation status, or, for beneficiaries only, citizenship status (not all bases apply to all programs). The county agency shall incorporate the requirements of paragraphs (B), (C), (D), and (E) of this rule in all of its contracts, grants, and other agreements, and will require all county agency contractors to incorporate these requirements in all subcontracts and subgrants for work performed for or on behalf of the county agency.

(R) Compliance and monitoring.

ODJFS shall periodically review the county agency's compliance program to ensure that it is providing equal employment opportunities, equal opportunity for participation in all programs, and equal opportunity for receiving benefits and services. HHS, DOL, and USDA will be notified of each annual review. ODJFS shall document and maintain a record of the implementation of these civil rights procedures and the compliance status of the county agency, including county agency contractors, in an annual report.

(S) The ODJFS-BCR shall monitor the county agency and county agency contractors to determine their compliance with the civil rights plan described in this rule in relationship to the population of the agency's service area. The ODJFS-BCR, may however, initiate its own investigation if the regular flow of compliance data alerts ODJFS of a possible problem.

(T) County agency and county agency contractor reviews by ODJFS-BCR shall be conducted periodically, including, but not limited to, the following:

(1) Site location accessibility for disabled persons seeking services and/or benefits;

(2) Referral sources for outreach;

(3) Evaluation of client participation in services;

(4) Range and provision of services;

(5) Accessibility of services for persons with disabilities;

(6) Civil rights complaint procedures; and

(7) Access to benefits and/or services by persons who are LEP.

(U) ODJFS reserves the right to perform its lawful obligation by inspecting sites and practices and materials that include, but are not limited to, the following:

(1) Appointment books to verify that no distinction is made as to the time of day beneficiaries of a protected class are served;

(2) Written or electronic case files to establish that service is being offered in a consistent manner to all beneficiaries;

(3) Official and standard documents, records, and policies of county agency contractors to establish adoption of the necessary civil rights policies;

(4) Publications, brochures, posters, policy manuals, employee handbooks, and training materials to ensure that the notice of nondiscriminatory policies for beneficiaries and employees is included; and

(5) The notice of nondiscrimination is posted as required by the ODJFS civil rights compliance plan.

(V) The county agency and county agency contractors, as applicable, shall make available to HHS, DOL, and USDA all data and information necessary to determine the agency's compliance with civil rights laws and regulations. Compliance information, where feasible, shall include the following:

(1) Identification of eligible population (defined as individuals eligible for programs/services) in aggregate for the state. Also, a separate identification of the eligible population in each county agency (by program) and by the categories of race: "American Indian" or "Alaska Native," "Asian," "Black" or "African American," "Native Hawaiian" or "Other Pacific Islander," and "White." The two categories for data on ethnicity are: "Hispanic" or "Latino" and "Not Hispanic" or "Not Latino."

(2) Identification of the eligible disabled population in aggregate, for the state, and a separate identification of the eligible disabled population of each county agency and contract provider.

(3) Identification of the number of individuals participating in HHS, DOL, or USDA funded programs and these services in aggregate for the state, and for each county agency contractor by the categories specified in paragraphs (V)(1) and (V)(2) of this rule, to the extent such data is reasonably available.

(W) Remedial action.

A county agency or county agency contractor found to be in violation of the ODJFS civil rights plan shall be notified in writing within thirty days after completion of the investigation or review. Any action taken by ODJFS to bring the county agency into compliance with the ODJFS civil rights plan will be done pursuant to section 5101.24 of the Revised Code. Examples of remedial action include, but are not limited to, corrective action plans or the withholding of funds. The county agency is responsible for compliance by county agency contractors. ODJFS may take action against the county agency pursuant to section 5101.24 of the Revised Code if the county agency fails to obtain compliance by the county agency contractor.

Last updated October 18, 2021 at 8:32 AM

History

Effective: October 18, 2021
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-2-03 Workforce Innovation and Opportunity Act (WIOA): programmatic complaints.

(A) Definitions as used in this rule.

(1) "Beneficiaries" means applicants, registrants, participants, recipients, subrecipients, service providers, labor unions, joint labor management committees, and community-based organizations for services, assistance, and other benefits administered by local workforce development areas.

(2) "Service provider" refers to entities and individuals providing services directly to WIOA participants, such as approved educational institutions and those providing skill training to WIOA participants/applicants. Service provider does not include an unsuccessful bidder on a contract to provide software or other services directly to the local workforce development area, as these types of contract disputes are subject to government procurement requirements and the contract protest process.

(3) "Local workforce development area" has the same meaning as "local area," which is defined in WIOA section 3(32) as a local workforce development area designated under WIOA section 106.

(4) "Local workforce development area contractor" means any governmental or non-governmental entity that receives funds from the local workforce development area, whether directly or indirectly, to provide WIOA-funded services, assistance, or benefits to individuals or that performs duties or activities for the local workforce development area pursuant to a contract, grant, or other agreement.

(5) "Days," wherever used in this rule, shall mean calendar days, unless otherwise expressly stated.

(6) "Informal conference" means a meeting facilitated by the local workforce development area, during which the facts and circumstances attending a complaint are examined, in an effort to informally resolve the complaint.

(7) "Local hearing" means a quasi-judicial forum convened and presided over by the local agency hearing officer.

(B) Requirement for local and state grievance procedures.

(1) The local workforce development area is responsible for:

(a) Developing a complaint procedure to ensure that the local workforce development area and its contractors comply with this rule and all applicable WIOA-related laws, rules, and regulations; and

(b) Providing notice to workforce participants, service providers and other beneficiaries of the right to file a programmatic complaint with the local workforce development area.

(c) Assisting the complainant in drafting and filing complaints, upon request and whenever needed, through the local workforce development area's equal opportunity officer.

(d) Follow through with the Ohio department of job and family services, office of workforce development's (OWD's) final decision, including corrective actions and due dates, as instructed in the decision.

(2) OWD is responsible for reviewing all appeals of programmatic complaints.

(1) A beneficiary who wishes to file a programmatic complaint alleging any violation of WIOA, other than discrimination, shall first file the complaint with the local workforce development area. All such complaints shall be filed within three hundred sixty-five days of the date of the incident or violation that caused the dispute.

(2) A programmatic complaint is deemed filed when the local workforce development area receives a written statement with sufficient details to identify the parties and to describe generally the alleged action(s), practice(s), or violation(s) that led to the filing of the complaint.

(3) Programmatic complaints shall be investigated first by the local workforce development area. If a satisfactory resolution is not reached through the informal conference, the complainant shall be offered the opportunity for a local hearing. The investigation, opportunity for informal resolution and, if requested, local hearing and hearing decision, shall all be completed within sixty days of the date of the filing of the complaint.

(4) Any programmatic complaint that is filed with the state before it is first filed with the local area and afforded a full opportunity for resolution through the local complaint process, shall be remanded by the state to the appropriate local workforce development area for investigation, informal resolution and, when necessary, local hearing.

(D) Appeals.

(1) First level appeal to OWD.

(a) Whichever party, whether the complainant or the respondent, is adversely affected by the local workforce development area's decision regarding a programmatic complaint, may file an appeal with OWD. Appeals must be filed within ten days from the date of receipt of the local workforce development area hearing decision. The appeal must set forth the specific reasons why an appeal is being filed and the relevant portion or portions of the local workforce development area hearing decision that form the basis of the appeal. In the event of an appeal to OWD, the local workforce development area shall forward the hearing decision, complaint, and all records related to the hearing and complaint to OWD within five business days of the notification of the appeal. The local workforce development area may make a written request to OWD for an extension of time to produce the record, and such request may be granted at the sole discretion of OWD upon good cause shown.

(b) OWD shall conduct a review of the findings of the local workforce development area. OWD shall only reverse the local workforce development area hearing decision if the local workforce development area's findings are found to be arbitrary and not supported by the evidence or the law. The complainant and respondent shall be advised of the results of the appeal, not later than sixty days after the receipt of the appeal.

(2) Second level appeal to U.S. department of labor.

Whichever party is adversely affected by OWD's decision, whether the complainant or the respondent, may appeal to the department of labor, as described in section 181(c) of WIOA. The appellant shall file the appeal request with the "U.S. Department of Labor Secretary" by certified mail, return receipt requested. The appellant shall also send a copy of the appeal by U.S. mail to the:

(a) "Employment and Training Regional Administrator," and

(b) "Ohio Department of Job and Family Services, Office of Workforce Development."

(E) Remedial action.

A local workforce development area or local workforce development area contractor found to be in violation of this rule shall be notified in writing by OWD within thirty days of the date of completion of the investigation or review. Any action taken by ODJFS to bring the local workforce development area into compliance with this rule shall be done pursuant to section 5101.241 of the Revised Code or other applicable federal or state laws. Examples of remedial action include, but are not limited to, corrective action plans or the withholding of funds. The local workforce development area is responsible for ensuring that its contractors are in compliance with this rule. ODJFS may take action against the local workforce development area for any compliance violations on the part of the local area's contractors.

(F) To the extent a local workforce development area chooses to participate in the comprehensive case management and employment program (CCMEP) and any provision in this rule conflicts with rule 5101:6-10-01 of the Administrative Code, the provisions in rule 5101:6-10-01 of the Administrative Code shall govern, unless the CCMEP youth participant receives an Ohio works first (OWF) sanction termination notice as described in rule 5101:1-3-15 of the Administrative Code. In the event a CCMEP youth participant receives an OWF sanction termination notice, and disagrees with the proposed action, the youth may request a state hearing in accordance with rule 5101:6-3-01 of the Administrative Code.

Last updated October 18, 2021 at 8:32 AM

History

Effective: October 18, 2021
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-2-05 Workforce Innovation and Opportunity Act (WIOA): discrimination complaints.

(A) Definitions as used in this rule.

(1) "Beneficiaries" means applicants, registrants, participants, recipients, subrecipients, service providers, labor unions, joint labor unions, joint labor management committees, and community-based organizations for services, assistance, and other benefits administered by local workforce development areas.

(2) "Local workforce development area" has the same meaning as "local area," which is defined in WIOA section 3(32) as a local workforce development area designated under WIOA section 106.

(3) "Local workforce development area contractor" means any governmental or non-governmental entity that receives funds from the local workforce development area, whether directly or indirectly, to provide WIOA-funded services, assistance, or benefits to individuals or that performs duties or activities for the local workforce development area pursuant to a contract, grant, or other agreement.

(4) "Limited English Proficiency" means any person or group of persons who cannot speak, read, write, or understand the English language at a level that allows the person or group of persons to meaningfully communicate with local workforce development areas or local workforce development area contractors.

(B) Compliance.

(1) For purposes of WIOA, no person(s) shall, on the grounds of race, color, national origin, disability, age, gender, religion, citizenship, political affiliation or belief, or beneficiary or participant status, be excluded from participation in, be denied or delayed the benefits or services of, or be otherwise subjected to discrimination under any program, service or benefit authorized or provided by the Ohio department of job and family services (ODJFS), or a local workforce development area.

(2) The local workforce development area and its contractors shall operate each program or activity so that when viewed in its entirety, each program or activity is readily accessible to persons with disabilities and provides meaningful access to persons with limited English proficiency. This shall include, but not be limited to, making the physical facilities accessible to persons with disabilities and providing interpreters at no charge to those beneficiaries who are limited English proficient and providing reasonable accommodations for the visually or hearing impaired.

(1) ODJFS shall administer nondiscrimination laws, rules, and regulations through the methods of administration outlined in this rule.

(2) The ODJFS bureau of civil rights (ODJFS-BCR) is responsible for the following:

(a) Investigating all complaints of discrimination arising under paragraph (B)(1) or (B)(2) of this rule.

(b) Preparing compliance reports for submission to the United States department of labor, civil rights center (DOL, CRC).

(c) Providing instructions and guidance to the equal opportunity officer at the local workforce development area in all aspects of implementing the civil rights laws and the processing of complaints.

(d) Advising and recommending actions that will remedy noncompliant areas.

(e) Conducting compliance reviews of the local workforce development area and local workforce development area contractors.

(f) Acting as liaison between ODJFS and DOL for issues relating to civil rights.

(3) The director of the local workforce development area has the responsibility of implementing and enforcing civil rights laws, rules, and regulations within its service system, whuch includes local workforce development area contractors. The local workforce development area is responsible for the following:

(a) Developing a civil rights plan, limited English proficiency plan, and Americans with Disabilities Act (ADA) plan to ensure that the local workforce development area and the local workforce development area contractors comply with this rule and the civil rights laws, rules, and regulations.

(b) Appointing an equal opportunity officer (EOO) under the following conditions:

(i) The local workforce development area shall appoint an employee of the local workforce development area who is familiar with WIOA non-discrimination provisions (29 C.F.R. 38), Title VI of the Civil Rights Act of 1964, the Americans with Disabilities Act (1990), and other pertinent civil rights laws that may apply to the local workforce development area or local workforce development area contractors.

(ii) Depending on the size of the local workforce development area and the number of applicants, registrants and participants served by the local workforce development area, the EOO may be assigned other duties. However, the EOO may not have other responsibilities or activities that conflict with, or that appear to conflict with, the EOO's primary responsibilities.

(i) Attending ODJFS approved civil rights training within six months of becoming the EOO, and attending training updates as required by the department;

(ii) Providing input to management to promote civil rights in service delivery, and discussing civil rights complaints, issues, and reports of compliance activities with the local workforce development area or its contractors;

(iii) Maintaining essential compliance records and files, including client analysis data, staff training records, confidential complaint files and accommodation requests;

(iv) Reviewing written policies to make sure that those policies are nondiscriminatory;

(v) Providing technical assistance or referring staff to appropriate resources for technical assistance. Providing annual training to all staff on civil rights in service delivery; and, providing a similar civil rights training to new staff as part of their initial orientations. Maintaining records (e.g, attendance rosters) of training.

(vi) Disseminating civil rights information to local workforce development area staff and local workforce development area contractors, vendors, beneficiaries, and other interested parties; and

(vii) Acting as civil rights liaison between ODJFS, the local workforce development area, local workforce development area contractors, beneficiaries, and community groups or other organizations concerning civil rights in the delivery of services.

(D) Complaints.

Any person may file a written complaint alleging discrimination within one hundred eighty days from the date of the alleged discriminatory act. Complaints can be filed with ODJFS-BCR or DOL, CRC. The local workforce development area shall make available assistance in drafting and filing complaints through the EOO. A complaint is deemed filed when ODJFS-BCR receives a written statement sufficiently precise to identify the parties and to describe generally the action or practices for which there is a complaint. ODJFS discrimination complaint forms may be obtained from ODJFS-BCR or the local workforce development area, but the use of any particular form is not required for the proper filing of a complaint.

(1) Any complaint alleging discrimination filed with ODJFS-BCR shall contain the following information:

(a) The full name and address of the person making the complaint;

(b) The name and address, if known, of the individual or entity against whom the complaint is being made;

(i) Race;

(ii) Color;

(iii) Religion;

(iv) National origin;

(v) Disability;

(vi) Age;

(vii) Gender;

(viii) Citizenship;

(ix) Political affiliation or belief; or

(x) Beneficiary, or participant status;

(d) A statement of the facts that the complainant believes indicate an unlawful discriminatory practice; and

(e) The date or dates of the alleged unlawful discriminatory practice; or, if the alleged unlawful discriminatory practice is of a continuing nature, the dates between which said continuing acts are alleged to have occurred.

(2) The complainant and respondent shall be advised of the results of the investigation, after the completion of the investigation. The complainant shall also be advised of the right to file a complaint with any appropriate state or federal civil rights enforcement agency.

(3) ODJFS-BCR shall maintain records that show the nature of the complaint, the details of the investigation, and the actions taken by ODJFS.

(E) Upon receiving a complaint alleging discrimination, the local workforce development area shall do the following:

(1) Forward the complaint to ODJFS-BCR within three working days of the date of receipt;

(2) Make all persons or papers pertaining to a case being handled by ODJFS-BCR available at ODJFS-BCR's request, unless doing so would violate state or federal law;

(3) Submit any information requested by ODJFS-BCR not later than fourteen working days from the date of receipt of the request unless otherwise agreed upon;

(4) Cooperate fully with ODJFS-BCR during the course of any investigation;

(5) Not initiate, conduct, or run concurrent investigation(s); and

(6) Not retaliate against the complainant or any person(s) associated with any inquiry conducted by ODJFS-BCR.

(F) Notice.

The local workforce development area and local workforce development area contractors shall have a written nondiscrimination policy that effectively communicates to beneficiaries that the administration, services, assistance, and other benefits of its programs are provided on a nondiscriminatory basis. The local workforce development area and local workforce development area contractors shall, in brochures, pamphlets, or communications that are designed to notify the general public of its services and programs, inform all that the services and programs are provided on a nondiscriminatory basis as required by federal, state, and local civil rights laws. As a result of the organization's commitment to civil rights, the local workforce development area and its contract providers shall also do the following:

(1) Provide notice to beneficiaries, and employees with impaired vision and/or hearing, and individuals who are limited English proficient that, if needed, an interpreter or other reasonable accommodations will be provided for them at no charge.

(2) Post in conspicuous places, available to employees and applicants for employment, notices stating that the local workforce development area and its contract providers comply with all applicable federal and state non-discrimination laws. The local workforce development area shall, in all solicitations or advertisements for employees placed by or on behalf of them, state that all qualified applicants shall receive consideration for employment without regard to race, color, national origin, disability, age, gender, religion, ancestry, or veteran status. The local workforce development area shall incorporate the requirements of this paragraph in all of its contracts, grants and other agreements, and shall require all local workforce development area contractors to incorporate the requirements of this paragraph in all subcontracts and subgrants for work performed for or on behalf of the local workforce development area.

(3) Provide notice to beneficiaries of the right to file a complaint if they feel that they have been discriminated against on the basis of race, color, national origin, disability, age, gender, religion, citizenship, political affiliation or belief, beneficiary, or participant status. The notice shall include the web address, mailing address, fax number, and telephone number of ODJFS-BCR.

(G) Remedial action.

A local workforce development area or local workforce development area contractor found to be in violation of this rule will be notified in writing within thirty days after completion of the investigation or review. Any action taken by ODJFS to bring the local workforce development area into compliance with this rule will be done pursuant to section 5101.241 of the Revised Code. Examples of remedial action include but are not limited to: corrective action plans or the withholding of funds. The local workforce development area is responsible for compliance by local workforce development area contractors. ODJFS may take action against the local workforce development area pursuant to section 5101.241 of the Revised Code if the local workforce development area fails to obtain compliance by the local workforce development area contractor.

Last updated October 18, 2021 at 8:32 AM

History

Effective: October 18, 2021
Promulgated Under: 111.15

Chapter 5101:9-3 Bureau of Civil Rights

Ohio Adm.Code 5101:9-3-02 The Americans with Disability Act.

(A) How do the Americans with Disabilities Act Amendments Act (ADAAA) (hereinafter referred to as ADA), 42 U.S.C. section 12101 (as in effect on 3/1/2025) and section 504 of the Rehabilitation Act (2008), 29 U.S.C. section 701 (as in effect on 3/1/2025), apply to programs supervised by the Ohio department of job and family services (ODJFS)?

Each family services agency and local workforce development area is to:

(1) Provide an individual with a disability with an equal opportunity to benefit from all programs, services, and activities offered by the family services agency or local workforce development area.

(2) Relocate programs or otherwise provide access in inaccessible older buildings, and communicate effectively with individuals who are deaf, hard of hearing, blind, low vision or who have speech disabilities.

(3) Make reasonable modifications to local policies, practices, and procedures where necessary to avoid discrimination, unless doing so would fundamentally alter the nature of the service, program, or activity being provided.

(B) Who is to comply with this rule?

This rule applies to every family services agency and local workforce development area and any governmental or non-governmental entity that receives funds from a family services agency or a local workforce development area, whether directly or indirectly, to provide services to individuals or to perform duties or activities for or on behalf of the family services agency or local workforce development area pursuant to a contract, grant, or other agreement (hereafter, "contracted agent").

A disability is:

(1) A physical, or mental impairment that substantially limits one or more of the major life activities of such individual.

(2) A record of such impairment; or

(3) Being regarded as having an impairment as described in paragraph (C)(1) of this rule.

(D) What is a physical or mental impairment?

(1) The term "physical impairment" includes but is not limited to:

(a) Physiological disorders or conditions;

(b) Cosmetic disfigurement; or

(i) Neurological;

(ii) Musculoskeletal;

(iii) Special sense organs, which include speech organs that are not respiratory such as vocal cords, soft palate, tongue, etc;

(iv) Respiratory, including speech organs;

(v) Cardiovascular;

(vi) Reproductive;

(vii) Digestive;

(viii) Genitourinary;

(ix) Hemic and lymphatic;

(x) Skin; and

(xi) Endocrine.

(2) The term "mental impairment" includes mental or psychological disorders, such as:

(a) Intellectual disabilities;

(b) Organic brain syndrome;

(d) Specific learning disabilities.

(E) What are major life activities?

Caring for oneself, performing manual tasks, walking, seeing, hearing, eating, sleeping, standing, sitting, reaching, lifting, bending, reading, speaking, breathing, learning, concentrating, thinking, communicating, interacting with others and working. Major life activities also include major bodily functions such as special sense organs, skin, bladder, bowel, digestive, immune system, cell growth, brain, respiratory, cardiovascular, hemic, lymphatic, genitourinary, musculoskeletal, neurological, circulatory, endocrine, and reproductive systems.

(F) What is a reasonable modification?

A reasonable modification is any reasonable change in the way a family services agency or local workforce development area or their contracted agents do something for an individual with a disability or which would allow the individual with a disability to participate in or enjoy equal access to programs administered by the family services agency or local workforce development area, which does not fundamentally alter the nature of the services, program or activity. If an individual is only regarded as having such an impairment under paragraph (C)(1) of this rule, the individual is not entitled to reasonable modifications, but is otherwise entitled to all of the same process of redress as those identified in paragraph (C)(1) of this rule.

(G) What is an ADA plan?

(1) An ADA plan is comprised of written policies and procedures that describe how the family services agency or local workforce development area and its contracted agents will comply with the ADA, section 504 of the Rehabilitation Act, and all other applicable federal and state laws and regulations.

(2) Each family services agency or local workforce development area is to complete the JFS 00207 "ADA Compliance Plan" or design its own plan that is substantively equivalent to the JFS 00207.

(3) Upon adoption or revision of its ADA plan, the family services agency or local workforce development area is to provide ODJFS with an accurate copy of the plan.

(4) Each family services agency or local workforce development area and its contracted agents are to implement and comply with the ADA plan adopted by the family services agency or local workforce development area.

(5) The family services agency or local workforce development area is responsible for maintaining copies of its ADA plan and making the ADA plan available to its staff, contracted agents, and the public.

(H) What is to be included in an ADA plan?

Each ADA plan is to include:

(1) A statement that the family services agency or local workforce development area and its contracted agents will comply with the ADA plan and all applicable federal and state laws and regulations.

(2) The name, telephone number, and email address of an ADA coordinator.

(3) A description of the family services agency or local workforce development area's ADA grievance procedure.

(4) Examples of reasonable modifications that may be made by the family services agency or local workforce development area or its contracted agents.

(5) A policy permitting the use of service animals, including modification of policies, practices or procedures as necessary for different facilities utilized by the family services agency or local workforce development area.

(6) Procedures to provide effective communication with people with disabilities, including people who are deaf, hard of hearing, blind, low vision, or who have speech disabilities.

(7) A protocol for training new and existing staff members on the provisions of the ADA plan adopted by the family services agency or local workforce development area.

(8) The family services agency or local workforce development area's plan to ensure the confidentiality of medical records received as a part of a request for reasonable modification.

(9) A description of the process and tool the family services agency or local workforce development area utilizes to assess an individual with a disability prior to assigning the individual to participate in an activity.

Last updated September 5, 2025 at 8:22 AM

History

Effective: September 5, 2025
Promulgated Under: 111.15

Chapter 5101:9-4 Acquistion and Procurement

Ohio Adm.Code 5101:9-4-02 Standards for acquisition.

(A) Federal and state acquisition requirements

(1) For the purpose of this rule, acquisition is defined as purchases of services, supplies and equipment funded by state or federal funds received from the Ohio department of job and family services (ODJFS).

(2) Each county family services agency (CFSA) and Workforce Innovation and Opportunity Act (WIOA) local area shall ensure that all acqusitions meet applicable federal and state statutes, regulations, rules, and 2 C.F.R. 200 and 45 C.F.R. 75. These requirements include, but are not limited to, Chapter 125. of the Revised Code, this chapter, and:

(a) 29 C.F.R. 95 when not-for-profit organizations expend department of labor (DOL) funds; and

(b) 29 C.F.R. 97 when governments expend DOL funds;

(3) This chapter contains a number of provisions from the applicable federal rules, but not all such provisions.

(4) For the purpose of this rule, acquisition is defined as charges made by a CFSA or WIOA local area to a project or program for which a state or federal award was received.

(B) Acquisition standards

(1) Development of written standards

Each CFSA and WIOA local area shall develop written acquisition standards. These acquisition standards shall comply with all applicable federal and state acquisition statutes, regulations, rules and circulars. The written standards shall also contain all relevant requirements of the provisions of this chapter, including the requirements listed in rule 5101:9-4-07 of the Administrative Code.

(2) Application of standards

(a) The CFSA and WIOA local area shall follow written acquisition standards whenever making any acquisition funded in whole or in part by state or federal funds.

(b) These acquisition standards are also applicable to any sub-grantee of the CFSA or WIOA local area that is funded in whole or in part by state or federal funds.

(c) The acquisition standards referred to in this rule and the requirements contained in this chapter do not apply to those acquisitions made exclusively with county funds that are not used to match state or federal funds received from ODJFS.

(3) Assurances

(a) Each CFSA and WIOA local area is legally responsible to ensure that all acquisitions funded in whole or in part by state or federal funds meet the acquisition standards established under this chapter.

(b) Each CFSA and WIOA local area shall ensure that all of its employees involved in procurement activities know and comply with these acquisition standards.

(c) Each CFSA and WIOA local area shall ensure that any sub-grantee entity or contractor funded in whole or in part by state or federal funds is aware of the requirements contained in paragraph (A) of this rule. The agency shall ensure that any grant agreement or contract, specify that any acquisition shall conform to these requirements.

Last updated June 6, 2022 at 9:30 AM

History

Effective: June 6, 2022
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-4-04 County written standards of conduct.

(A) Each county family services agency (CFSA) and Workforce Innovation and Opportunity Act (WIOA) local area shall maintain written standards of conduct covering conflicts of interest and governing the performance of their officers and employees engaged in awarding, recommending, approving, monitoring, administering contracts, other purchases of goods and services, and sub-awards. The CFSA and WIOA local area are responsible for the conduct of agents who are not CFSA and WIOA local area employees. For the purpose of this rule, an "agent" is anyone that is acting on behalf of an agency in awarding, recommending, approving, monitoring, administering contracts, other purchases of goods and services, and sub-awards. The CFSA and WIOA local area shall also ensure that this code governs the conduct of such agents.

(B) The CFSA and WIOA local area shall provide a copy of the written standards of conduct to each employee or agent engaged in awarding or administering contracts and shall ensure that such employees and agents receive sufficient training to understand how to apply the written standards of conduct.

(C) The CFSA's and WIOA local area's written standards of conduct shall at a minimum comply with the following federal and state requirements:

(1) All provisions included in 2 C.F.R. 200.318, 2 C.F.R. 400.2(b), 29 C.F.R. 97.36 (b)(3), and 45 C.F.R. 75.327(c); and

(2) Chapter 102. and sections 187.01, 2921.42, and 2921.43 of the Revised Code.

(D) In addition to meeting the requirements of state and federal law listed in paragraph (C) of this rule, the CFSA's and WIOA local area's written standards of conduct shall, at a minimum, include all of the following requirements and prohibitions.

(1) The CFSA and WIOA local area employees or agents shall not solicit or accept gratuities, favors, or anything of value, as defined in section 102.01 of the Revised Code from anyone doing business with or seeking to do business with, or regulated by the agency, including:

(a) Contractors and potential contractors;

(b) Sub-recipients and potential sub-recipients.

(2) The CFSA and WIOA local area employees or agents shall not participate in the following contract, purchase, or grant related activities if a real, potential, or apparent conflict of interest could arise:

(a) Selections;

(b) Award recommendations;

(d) Monitoring; and

(e) Administering contract, purchase, or grant.

(3) A conflict of interest could arise when the entities listed in paragraphs (D)(3)(a) to (D)(3)(c) of this rule have a financial, personal, or other interest in the individual or company selected for the award of a contract, purchase, or grant in the following instances:

(a) The employee or agent or any member of his or her immediate family as defined in division (D) of section 102.01 of the Revised Code;

(b) The partner or business associate of the employee or agent; or

(c) Any person or organization that employs or is about to employ the employee or agent, a member of his or her immediate family, his or her partner or business associates.

(4) The written standards of conduct shall ensure that each CFSA and WIOA local area employee or agent engaged in awarding, recommending, approving, or administering a CFSA and WIOA local area contract, purchase, or grant receives a copy of the Ohio ethics commission's Ohio ethics law (Chapter 102. of the Revised Code). The written standards of conduct shall advise such employees and agents on the following information:

(a) How to obtain educational information related to Ohio ethics law;

(b) The identification of the contact person in the CFSA, WIOA local area or the prosecuting attorney's office for any employee who is unsure as to whether any particular course of conduct violates the requirements of the CFSA's or WIOA local area's standards of conduct or Ohio's ethics law; and

(c) Employees/agents may discuss concerns on the telephone or obtain an advisory opinion from the Ohio ethics commission. The advice should be obtained before the employee engages in the conduct.

(5) CFSA and WIOA local area employees are prohibited from selling or attempting to sell any goods or services to the Ohio department of job and family services (ODJFS), a county department of job and family services (CDJFS), a public children's services agency (PCSA), a child support enforcement agency (CSEA), a WIOA local area or an Ohio means jobs center agency with whom they are employed or otherwise affiliated.

(6) CFSA and WIOA local area employees are prohibited from soliciting or accepting employment from anyone doing business with such agencies unless the employee completely withdraws, with the agency's approval, from the CFSA or WIOA local area activities regarding the party offering employment.

(7) CFSA and WIOA local area employees and the employee's immediate family members and business associates are prohibited from benefiting from any contract, purchase, or grant authorized or approved by the CFSA and WIOA local area unless all criteria established by section 2921.42 of the Revised Code are met.

(8) CFSA and WIOA local area employees are prohibited from voting, authorizing, recommending, or in any other way using his or her position to secure approval of a CFSA and WIOA local area contract, purchase or grant in which any of the following have any interest:

(a) Employee;

(b) A member of the employee's immediate family; or

(9) CFSA employees, WIOA local area employees, and previous employees that have left public employment for twelve months or less shall not act in a representative capacity, in any manner, before a public agency on behalf of any contractor or other person on any matter in which the employee personally participated in any of the following activities:

(a) Decisions;

(b) Approvals or disapprovals;

(d) Other substantial exercise of administrative discretion.

(10) Any contractor or grantee acting on behalf of the CFSA or WIOA local area is prohibited from activities that could result in violations of this rule. A contractor, grantee, individual, company, or organization seeking a contract or grant or seeking to sell goods or services to a CFSA and WIOA local area shall not:

(a) Promise or give to any CFSA and WIOA local area employee anything of value, including employment or promise of employment within the scope of his or her job duties; nor

(b) Ask a CFSA and WIOA local area employee to violate any of the standards of conduct requirements.

(11) A CFSA and WIOA local area shall reserve the right to exercise civil remedies against a contractor that violates paragraph (D)(10) of this rule. Any contractor, sub-grantee, or potential contractor or potential sub-grantee who violates the requirements and prohibitions of paragraph (C)(2) or (D)(10) of this rule is subject to the following actions:

(a) The CFSA and WIOA local area may refuse to enter into a contract;

(b) Contract termination; or

(12) Employees, contractors and sub-recipients who violate the prohibitions or requirements in paragraph (C)(2) of this rule may be prosecuted for criminal violations.

(13) The signature of any CFSA and WIOA local area employee on the following documents shall be considered to be a certification that he or she has complied with the requirements and prohibitions of this rule:

(a) Requisitions;

(b) Invoices; and

(E) When a CSFA or WIOA local area employee, agent, or contractor violates the standards of conduct, the CFSA and WIOA local area shall enforce the requirements contained in the agency's written standards governing the following:

(1) Penalties;

(2) Sanctions; and

(3) Disciplinary actions including suspensions and removal.

(F) All CFSA and WIOA local area contracts and sub-awards shall contain the following provisions:

(1) The contractor or grantee shall not promise or give to any CFSA or WIOA local area anything of value that is of such character as to manifest a substantial and improper influence upon the employee with respect to his or her duties;

(2) The contractor or grantee agrees that it shall not solicit a CFSA or WIOA local area employee to violate the county agency's standards of conduct or prohibitions or requirements in paragraph (C)(2) of this rule; and

(3) The contractor or grantee shall not engage in direct or indirect conflicts of interest.

(G) The CFSA and WIOA local area contract or grant shall also include the following:

(1) A certification by the contractor or grantee that it is in compliance with and will maintain compliance with the requirements described in paragraph (C)(2) of this rule;

(2) Portions of the CFSA's and WIOA local area's standards of conduct applicable to contractors and sub-recipients; and

(3) A provision stating that the contractor or grantee shall promptly notify the CFSA and WIOA local area of any newly arising conflicts of interest or potential violations of state ethics law.

Last updated June 6, 2022 at 9:30 AM

History

Effective: June 6, 2022
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-4-07 Procurement and contract requirements.

(A) General purpose and applicability

(1) County family services agencies (CFSAs) and Workforce Innovation and Opportunity Act (WIOA) local areas may enter into procurement contracts to acquire goods and services for the administration of a federal program. Where applicable, WIOA local areas shall include workforce development boards (WDB). CFSAs and WIOA local areas follow procurement standards established in 2 C.F.R. 200.318 to 200.327. Specific methods of procurement are outlined in rule 5101:9-4-07.1 of the Administrative Code.

(2) Subgrant agreements as outlined in rule 5101:9-4-88 of the Administrative Code funded in whole or in part with federal funds do not represent acquisitions and are not subject to the requirements contained in this rule provided that such relationships are documented between the entities. CFSAs and WIOA local areas shall inform sub-grantees of applicable procurement requirements in any subgrant or other applicable types of agreements used in awarding the grant.

(3) Unless applicable local requirements are more restrictive, acquisitions that are made in whole or in part with federal funds, including instances where state or county funds are used as a match for state/federal funds, CFSAs and WIOA local areas shall procure pursuant to rule 5101:9-4-02 of the Administrative Code and the federal requirements set forth in this rule.

(a) Pursuant to division (D) of section 307.86 of the Revised Code, acquisitions made under section 329.04 of the Revised Code are exempt from state competitive bidding requirements. However, acquisitions made under section 307.86 of the Revised Code are not exempt from applicable federal requirements, including those referenced in this rule.

(b) Acquisitions made with federal block grants authorized by the Omnibus Budget Reconciliation Act of 1981 and the "Child Care and Development Block Grant of 1990," as amended, are excluded from the requirements of this rule. However, CFSAs and WIOA local areas shall adhere to requirements contained in rule 5101:9-4-02 of the Administrative Code and local standards of acquisition.

(B) General procurement requirements

The following are general procedural requirements applicable to all procurements unless deemed exempt:

(1) Contract cost and price analysis

(a) CFSAs and WIOA local areas shall perform a cost or price analysis in connection with every procurement action in excess of either the local small purchase threshold or, the simplified acquisition threshold (as defined in 2 C.F.R. 200.1) including contract modification. The method and degree of analysis is dependent on the facts surrounding the particular procurement situation, but as a starting point the CFSA and WIOA local area must make independent estimates before receiving bids or proposals. The CFSA and WIOA local area must maintain written documentation to support any procurement action based on cost or price analysis.

(i) A cost analysis shall be performed when the bidder is required to submit elements of the estimated cost, (e.g., under professional consulting and architectural engineering services contracts.) A cost analysis is the verification of proposed cost data and projections of the data, and the evaluation of the specific elements of costs and profits. A cost analysis will be necessary when adequate price competition is lacking. A cost analysis will also be necessary for sole source procurements, including contract modifications or change orders, unless price reasonableness can be established on the basis of catalog or market price of commercial product sold in substantial quantities to the general public; or based on prices set by law or regulation.

(ii) A price analysis will be used in all other instances to determine the reasonableness of the proposed contract price.

(b) Costs or prices based on estimated costs for contracts under grants will be allowable only to the extent that costs incurred or cost estimates included in negotiated prices are consistent with federal cost principles. CFSA's and WIOA local areas may reference their own cost principles that comply with the applicable federal cost principles.

(2) Competition

All procurement transactions will be conducted in a manner providing full and open competition consistent with the standards of 45 C.F.R. 75.328 (U.S. department of health and human services (HHS)), and 2 C.F.R. 200.319 and 200.320 ( (U.S. department of labor (DOL) and U.S. department of agriculture (USDA) food and nutrition service (FNS)). In order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, invitations for bids must be excluded from competing on those procurements. Some of the situations considered to be restrictive of competition include but are not limited to:

(a) Placing unreasonable requirements on firms for them to qualify to do business;

(b) Requiring unnecessary experience and excessive bonding;

(d) Non-competitive contracts to consultants that are on retainer contracts;

(e) Organizational conflicts of interest;

(f) Specifying only a "brand name" product instead of allowing an "equal" product to be offered and describing the performance of other relevant requirements of procurement; and

(g) Any arbitrary action in the procurement process.

(3) Selection procedures

All CFSAs and WIOA local areas shall have written selection procedures for all procurement transactions.

(a) Written procedures must ensure that all solicitations:

(i) Incorporate a clear and accurate description of the technical requirements for the property, equipment or services being procured. The description may include a statement of the qualitative nature of the property, equipment or service being procured. When necessary, the description must provide minimum essential characteristics and standards to which the property, equipment or service must conform. Detailed product specifications should be avoided if at all possible. When it is impractical or uneconomical to clearly and accurately describe the technical requirements, a "brand name or equivalent" description of features may be used to provide procurement requirements. The specific features of the named brand must be clearly stated.

(ii) Such description shall not, in competitive procurements, contain features which unduly restrict competition.

(iii) Identify all requirements that the offerors must fulfill and all other factors to be used in evaluating bids or proposals.

(b) CFSAs and WIOA local areas shall ensure that all pre-qualified lists of persons, firms or products, used in procurement transactions, are current and include enough qualified sources to ensure maximum open competition. When establishing or amending prequalified lists, the CFSAs and WIOA local areas must consider objective factors that evaluate price and cost to maximize competition. CFSAs and WIOA local areas must not preclude potential bidders from qualifying during the solicitation period.

(c) To the extent consistent with established practices and legal requirements applicable, CFSAs and WIOA local areas are not prohibited from developing written procedures for procurement transactions that incorporate a scoring mechanism that rewards bidders that commit to specific numbers and types of U.S. jobs, minimum compensation, benefits, on-the-job-training for employees making work products or providing services on a contract, and other worker protections. This also does not prohibit CFSAs or WIOA local areas from making inquiries of bidders about these subjects and assessing the responses. Any scoring mechanism must be consistent with the U.S. Constitution, applicable federal statutes and regulations, and the terms and conditions of the federal award.

(d) CFSA and WIOA local area procedures must avoid purchase of unnecessary or duplicative items. Consideration should be given to consolidating or breaking out procurements to obtain a more economical purchase. Where appropriate, the CFSA and WIOA local area shall conduct an analysis of lease versus purchase alternatives and any other appropriate analysis to determine the most economical approach.

(4) Non-profit agencies for persons with severe disabilities

(a) If permissible under federal law for procurements involving federal funds, then before determining which method of procurement to use, CFSAs and WIOA local areas shall determine whether a product or service is on the procurement list for products and services provided by persons with severe disabilities as described in section 4115.33 of the Revised Code. If the product or service is on the procurement list and is available within the period required by that agency, the agency must procure the product or service at the price established by the state use committee from a qualified nonprofit agency.

(b) If the provision of the product or service cannot be made in either the time period required or in the amount specified by the agency, the CFSAs and WIOA local areas may pursue a method of procurement outlined in rule 5101:9-4-07.1 of the Administrative Code.

(5) Small businesses, minority businesses, women's business enterprises, veteran-owned businesses and labor surplus area firms

When possible, the CFSA and WIOA local area should ensure that small businesses, minority businesses, women's business enterprises, veteran-owned businesses and labor surplus area firms, are considered when they are potential resources for supplies, equipment, construction and services as established in 2 C.F.R. Part 200.321. Such consideration means:

(a) These business types are included on solicitation lists and assuring that those business types are solicited whenever they are deemed eligible as potential resources.

(b) Dividing procurement transactions into separate procurements to permit maximum participation by these business types.

(c) Establishing delivery schedules to encourage participation by these business types, where the requirement permits. For example, the percentage of an order to be delivered by a given date of each month.

(d) Utilizing organizations as the small business administration, and the minority business development agency of the U.S. department of commerce.

(e) Requiring a contractor under a federal award to apply paragraphs (B)(5)(a) to (B)(5)(d) of this rule to subcontracts.

(6) The board of county commissioners, by resolution, may adopt the model system of preferences for products mined or produced in Ohio and for Ohio-based contractors (formerly "Buy-Ohio"). The resolution shall specify the class or classes of contracts to which the system of preferences apply. While the system of preferences is in effect, no county officer or employee shall award a contract in violation of the preference system.

(7) The CFSA and WIOA local areas should, to the greatest extent practicable and consistent with law, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this paragraph shall be included in all subawards, contracts and purchase orders under federal awards.

(8) CFSAs and WIOA local areas are prohibited from obligating or expending loan or grant funds to procure, obtain, or enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is:

(a) Telecommunications equipment produced by "Huawei Technologies Company" or "ZTE Corporation" (or any subsidiary or affiliate of such entities);

(b) Video surveillance and telecommunications equipment used for security of government facilities or public safety produced by "Hytera Communications Corporation" or "Hangzhou Hikvision Digital Technology Company" or "Dahua Technology Company" or any subsidiary of such entities;

(d) Telecommunications or video surveillance equipment or services produced or provided by an entity that the secretary of defense, in consultation with the director of the national intelligence or the director of the federal bureau of investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

(9) Debarment and suspension

(a) CFSA and WIOA local area procedures shall include requirements to ensure that no contracts are entered into with or purchases made from a person or entity which is debarred or suspended or is otherwise from receiving or participating in federal awards programs under executive orders 12549 and 12689, debarment and suspension, and other applicable regulations and statutes, including 2 C.F.R. parts 180, 200, and 417, 29 C.F.R. part 98, and 45 C.F.R. part 75.

(b) CFSA and WIOA local area procedures shall also include provisions that purchases will be made in conformance with section 9.24 of the Revised Code which prohibits the awarding of contracts, paid for in whole or in part with state funds, to a person against whom a finding for recovery has been issued by the auditor of state on or after January 1, 2001, if the finding for recovery is unresolved.

(10) Monitoring

CFSAs and WIOA local areas shall maintain a contract administration system that ensures that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders.

CFSA and WIOA local area contracts shall contain the following provisions which are fully detailed and outlined in appendix II to part 200.

(1) Administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate. This applies to all contracts in excess of the either local small purchase threshold or the simplified acquisition threshold (as set by 48 C.F.R. subpart 2.1).

(2) Termination for cause and for convenience by the CFSA and local WIOA area including the manner by which it will be affected and the basis for settlement. This applies to all contracts in excess of ten thousand dollars.

(3) Compliance with executive order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by executive order 11375 of October 13, 1967, and as supplemented in DOL regulations (41 C.F.R. chapter 60). This applies to all federally assisted construction contracts awarded in excess of ten thousand dollars by CFSAs and local WIOA areas and their contractors or sub-grantees.

(4) Compliance with the Copeland "Anti-Kickback" Act (18 U.S.C. 874 and 40 U.S.C. 3145) as supplemented by DOL regulations (29 C.F.R. part 3). This applies to all construction contracts in excess of two thousand dollars.

(5) Compliance with the Davis-Bacon Act as amended (40 U.S.C. 3141-3148) as supplemented by DOL regulations (29 C.F.R. part 5). This applies to all construction contracts in excess of two thousand dollars.

(6) Compliance with sections 3702 and 3704 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) as supplemented by DOL regulations (29 C.F.R. part 5). This applies to all contracts in excess of one hundred thousand dollars that involve employment of mechanics or laborers.

(7) Compliance with "Rights to Inventions" clause 37 C.F.R. part 401 pertaining to patent rights with respect to any discovery or invention which arises or is developed in the course of or under such contract.

(8) Compliance with all applicable standards, orders, or requirements issued pursuant to the Clean Air Act as amended (42 U.S.C. 7401-7671) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). This is applicable with any contract in excess of one hundred fifty thousand dollars).

(9) Certification that a contractor has not and will not use federal funds to pay for any lobbying activities as defined in the "Byrd Anti-lobbying Amendment" (31 U.S.C. 1352). Certification is required for contractors that apply or bid for an award of one hundred thousand dollars or more.

(10) Compliance with 2 C.F.R. 200.216 on the prohibition of certain telecommunications and video surveillance equipment or services.

(11) Compliance with 2 C.F.R. 200.322 for domestic preferences for procurements.

(D) ODJFS general contract requirements

(1) The Ohio department of job and family services (ODJFS), the CFSA and the WIOA local area, the federal grantor agency, the comptroller general of the United States, or any of their duly authorized representatives shall have access to any books, documents, papers, and records of the contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions.

(2) Financial, programmatic, statistical, and recipient records and supporting documents shall be retained for a minimum of three years after the submittal of the final expenditure report for the grant or as otherwise provided by any minimum retention requirements specified by applicable state or federal law. If any litigation, claim, negotiation, audit or other action involving the records has started before the expiration of the three-year period, the records shall be retained until the completion of the action and resolution of all issues that arise from it, or until the end of the regular three-year period, whichever is later.

Last updated April 22, 2025 at 7:53 AM

History

Effective: April 19, 2025
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-4-07.1 Procurement methods.

(A) General purpose

Unless applicable local requirements are more restrictive, county family services agencies (CFSAs) and local Workforce Innovation and Opportunity Act (WIOA) areas shall use one of the following procurement methods when acquiring goods and/ or services paid for in whole or part with federal funds.

(B) Informal procurement methods for small purchases

Informal procurement methods are used when the value of the purchase does not exceed the lower of the local small purchase threshold or the federal simplified acquisition threshold as defined in 2 C.F.R. 200.1. CFSAs and local WIOA areas may also establish a lower threshold.

(1) Micro-purchases

(a) CFSAs or local WIOA areas may acquire by micro-purchase any supplies or services in which the aggregate dollar amount does not exceed the micro-purchase threshold defined in 2 C.F.R. 200.1.

(b) Micro purchases may be awarded without soliciting competitive price or rate quotations for acquisitions of supplies or services if:

(i) Price is considered reasonable based on research, experience, purchase history or other information and documentation is maintained to support the conclusion; and

(ii) To the extent practical, micro-purchases are distributed equitably among qualified suppliers.

(2) Simplified acquisitions

(a) For purchases where price is the overriding factor and which involve standardized products or services (e.g., office equipment and supplies) and where the aggregate acquisition costs are greater than the micro-purchase threshold but do not exceed the lower of the local small purchase threshold or the federal simplified acquisition threshold for purchases involving U.S. department of health and human services (HHS) and U.S. department of labor (DOL) funds and U.S. department of agriculture (USDA) food and nutrition service funds (FNS), CFSAs and local WIOA areas may use relatively simple and informal procurement methods by obtaining price or rate quotations from an adequate number of qualified sources but not less than three sources, if available.

(b) For purchases where price is not the overriding factor but are relatively simple and straight forward purchases that are greater than the micro-purchase threshold and do not exceed the lower of the local small purchase threshold or the federal simplified acquisition threshold and where relative quality and performance must be evaluated (e.g., consultant services), CFSAs and local WIOA areas shall seek proposals from an adequate number of qualified sources, but not less than three sources if available. The CFSA and local WIOA area must identify and document the evaluation factors included in the solicitation and their relative importance. Awards will be made to the responsible source whose proposal is most advantageous to the program, with price and other factors considered.

Formal procurement methods are required when the value of the purchase exceeds the lower of the local small purchase threshold or the federal simplified acquisition threshold as defined by 2 C.F.R. 200.1. Formal procurement methods are competitive and require public notice.

(1) Sealed bids

(a) CFSAs and local WIOA areas shall use sealed bids (formal advertising) under the following conditions:

(i) A complete, adequate, and realistic specification or purchase description is available;

(ii) Two or more responsible bidders have been identified as willing and able to compete effectively for the business; and

(iii) The procurement lends itself to a firm fixed price contract and the selection of the successful bidder can be made principally based on price.

(b) CFSAs and local WIOA areas shall adhere to the following procedural requirements in administering sealed bids (formal advertising):

(i) The invitation to bid (ITB) will be publicly advertised and bids shall be solicited from an adequate number of known suppliers, providing them sufficient time prior to the date set for opening the bids;

(ii) The ITB which will include any specifications and pertinent attachments, shall define the items or services in order for the bidder to properly respond;

(iii) All bids will be publicly opened at the time and place prescribed in the ITB;

(iv) A firm fixed price contract award is awarded in writing to the lowest responsive bid and responsible bidder. Where specified in bidding documents, factors such as discounts, transportation costs and life cycle costs must be considered in determining which bid is lowest. Payment discounts must only be used to determine the low bid when prior experience indicates that such discounts are usually taken advantage of; and

(v) Any or all bids rejected must be documented and provide justification for the rejection.

(2) Proposals

(a) CFSAs and local WIOA areas shall use proposals when the conditions are not appropriate for the use of sealed bids, micro-purchases, simplified acquisitions, or non-competitive procurement. The technique of proposals is normally conducted with more than one source submitting an offer, either a fixed price or cost reimbursement type contract is awarded, and the following conditions are met:

(i) The complex and technical nature of the procurement cannot be described in bid specifications; and

(ii) It is logical to award a contract on factors other than price.

Evaluation factors other than price can only be used when they are clearly explained in the purchasing agency's request for proposal (RFP).

(b) CFSAs and local WIOA areas shall comply with the following procedural requirements in administering competitive proposal procurements, commensurate with the scope and complexity of the acquisition:

(i) Requests for proposals will be publicized and all evaluation factors and their relative importance must be identified. Any response to publicized requests for proposals shall be honored to the maximum extent practical.

(ii) Proposals will be solicited from multiple qualified offerors.

(iii) CFSAs and local WIOA areas will have a written method for conducting technical evaluations of the proposals received and for selecting awardees. A technical evaluation is a review to verify that the technical requirements contained in the request for proposals are met.

(iv) Awards will be made to the responsible offeror whose proposal is most advantageous to the program, with price and other factors considered.

(v) CFSAs and local WIOA areas may use proposal procedures for qualification-based procurement of architectural/engineering (A/E) professional services whereby competitor's qualifications are evaluated and the most qualified offeror is selected, subject to negotiation of fair and reasonable compensation. The method, where price is not used as a selection factor, can only be used in procurement of A/E professional services. It cannot be used to purchase other types of services through A/E firms that are a potential source to perform the proposed effort.

If CFSAs or local WIOA areas determine that competition is inadequate resulting in a failed procurement after solicitation of an adequate number of qualified offerors, then CFSAs or local WIOA areas must document the process described in paragraph (C)(3)(b) of this rule to support that a legitimate and reasonable competitive procurement has transpired.

(3) Noncompetitive procurement

(a) CFSAs and local WIOA areas may use noncompetitive procurement only when the award of a contract is infeasible under the micro-purchasing threshold, and one of the following conditions applies:

(i) The item is available only from a sole source. This type of noncompetitive proposal means only one source exists for the goods or services being procured; an example being the procurement of proprietary products. Business justification or long-term relationships with a particular contractor does not constitute justification as sole source procurement. Sole source procurements do not require prior approval.

(ii) The public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation. This type of noncompetitive procurement is mainly reserved for emergencies caused by natural disasters. Public exigency or emergency procurements do not require prior approval.

(iii) The federal awarding agency or ODJFS authorizes noncompetitive procurements in response to a written request.

(iv) A failed formal competitive procurement as described in paragraph (C)(2)(b)(v) of this rule.

(b) Noncompetitive procurement requires the mutual discussion and arrangement of terms of a transaction or agreement for the purpose of arriving at a common understanding of contract essentials such as technical requirements, schedules, prices, and terms. For any noncompetitive procurement in excess of the micro-purchase threshold, written documentation must be included in the records to show why a noncompetitive procurement was used. Such justification must include the following items:

(i) Copies of the public advertisements;

(ii) A list of providers contacted;

(iii) Copies of all letters received from prospective bidders or respondents, including those indicating a bidder's lack of interest in competing for the contract;

(iv) Any other materials which would justify the agency's use of noncompetitive procurement methods; and

(D) Special circumstances

(1) State purchasing contracts

(a) If the county is a member of the department of administrative services cooperative purchase program, purchases may be made by CFSAs and local WIOA areas under the competitively bid state purchasing contracts. Because the state completes competitive procurement, purchases made through state purchasing contracts excluding master maintenance agreements (MMA) meet all of the requirements contained in section 125.04 of the Revised Code are not subject to the requirements contained in paragraphs (C)(1) to (C)(2) of this rule.

(b) An agency cannot access state purchasing contracts when competitive bidding by the county has already occurred unless the state purchasing contract has the same terms, conditions, and specifications at a lower price.

(c) A CFSA or local WIOA area may also use the price contained in a state purchasing contract in other competitive selection procedures performed pursuant to this rule.

(2) State term schedules

State purchasing contracts are not to be confused with state term schedules, which are non-competitive schedules of products or services and shall be treated only as a pre-qualified vendor contractor list. State term schedules do not represent competitive procurement. Purchases made by a CFSA or local WIOA area using the state term schedule to obtain a pre-qualified vendor list must follow the requirements contained in paragraphs (C)(1) to (C)(2) of this rule.

(3) Foster care maintenance purchases and child welfare service purchases

(a) Purchases for foster care placement services that include public and private agency foster homes, group homes, children's residential centers, residential parenting facilities, adoption services and other services performed by a public children services agency (PCSA) in the discharge of its duties under Chapter 5153. of the Revised Code, including services on behalf of a child in the custody of a PCSA and purchases made pursuant to rule 5180:2-47-23.1 of the Administrative Code, will generally be considered to follow the small purchase procedures or noncompetitive proposals of this rule when they are purchased for individually specific cases. The need for these purchases shall be documented by the PCSA in records that support each case.

(b) When purchasing case specific services other than foster care placement and adoption services, and where there are contractors in close proximity providing substantially similar services, and who are equally qualified to meet the service need presented; the PCSA shall document that the process of awarding the contract was done in a manner that demonstrates that a cost comparison of the contractors has been performed.

(c) A PCSA may not establish an exclusive or preferential relationship with foster care maintenance providers, adoption services providers, or other service contractors to the exclusion of all other foster care maintenance providers, adoption service providers or service contractors, with the exception of those relationships resulting from the competitive means as described in this rule. In addition to following such procurement procedures, the PCSA shall also document the reasons for seeking an exclusive relationship with the foster care maintenance provider, adoption service provider, or service vendor. Such documentation shall include a demonstration that the foster care maintenance provider, adoption service provider, or service contractor is qualified to meet the needs of all children and families who will receive services from the provider or vendor, and provide assurances that no child or family will be denied services due to the exclusive nature of the relationship with the foster care maintenance provider, adoption service provider, or service contractor.

(d) Procurements of goods and services made by a PCSA shall conform to the requirements of this rule. This includes the purchase of child welfare services that benefit children and families that are not purchased in response to a specific case need. Examples of such services include, but are not limited to, outreach and recruitment campaigns; promotional items; training for staff, adoptive families, and foster parents; master contracts for home studies from third parties; visitation center leases; child abuse prevention campaigns; and foster parent liability insurance master contracts.

Last updated April 22, 2025 at 7:53 AM

History

Effective: April 19, 2025
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-4-09 Title IV-E direct contract costs.

(A) A public children services agency (PCSA) may claim costs for contractually purchased services incurred for allowable Title IV-E activities. Unlike other Title IV-E administration and training costs, which are claimed via random moment sample time study and calculated through a cost pool, Title IV-E contract costs are claimed as direct costs. All contract costs are established prior to contract execution.

A PCSA shall report the following types of Title IV-E contract costs as direct costs:

(1) Recruitment, home study and certification of persons desiring to be foster parents;

(2) Recruitment, home study, and supervision of persons desiring to be adoptive parents;

(3) Training of PCSA staff and short-term training of current or prospective foster or adoptive parents to include costs associated with providing, securing and procuring training. Excludes reimbursement of foster caregiver stipend payments;

(4) Transportation of foster children (transportation of foster children is limited to transportation provided by those other than foster parents;

(5) Contracted services for Title IV-E administration activities i.e. eligibility determination/redetermination etc;

(6) Services of a prosecutor or private counsel;

(7) Other allowable Title IV-E contracts and purchased services costs for foster children; and

(8) Other allowable Title IV-E contracts and purchased services costs for adoptive children.

(B) The Ohio department of job and family services (ODJFS) calculates federal financial participation (FFP) for each contract type on a county specific basis. ODJFS calculates the FFP quarterly. In some instances, the amount of the FFP paid will reflect apportionment of the amount paid to the vendor, provider, or PCSA sub-grantee by the applicable Title IV-E eligibility ratio prior to the computation of the actual federal share.

(C) A PCSA shall report Title IV-E contract costs for reimbursement as described in rule 5101:9-7-29 of the Administrative Code. ODJFS reimburses the PCSA based on the quarterly FFP.

Last updated March 11, 2022 at 1:24 PM

History

Effective: March 11, 2022
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-4-10 Capital asset reimbursement methods for county family services agencies (CFSA) and Workforce Innovation and Opportunity Act (WIOA) areas.

(A) Definitions for the terms in this rule in further detail are as outlined in 2 C.F.R. part 200.1, "Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards ":

https://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title02/2cfr200_main_02.tpl

(1) "Acquisition" means the cost of a capital asset that includes the cost to ready the asset for its intended use.

(2) "Capital Asset" means:

(a) An acquisition that has a useful life of more than one year and per unit purchase price that equals or exceeds the lesser of the capitalization level threshold established at the local level or ten thousand dollars; and

(b) Tangible or intangible assets used in operations; capital assets include:

(i) Land, buildings (facilities), equipment, and intellectual property, including software, whether acquired by purchase, construction, manufacture, lease-purchase, exchange, or through leases accounted for as financed purchase under government accounting standards board (GASB) standards or a finance lease under financial accounting standards board (FASB) standards; and

(ii) Additions, improvements, modifications, replacements, rearrangements, installations, renovations or alterations to capital assets that materially increase their value or useful life, not ordinary repairs and maintenance.

(3) "Capitalization" means the acquisition cost of a capital asset that is expensed over the useful life of the asset by means of depreciation.

(4) "Depreciation" means the method of expensing the acquisition capitalization in paragraph (A) (3) of this rule to periods that benefit from the use of the asset.

(5) "Direct Charge" means the method of expensing the acquisition cost of a capital asset to a federal program during the accounting period the asset was purchased.

(B) For the reimbursement of the use of the capital assets each CFSA and WIOA area shall comply with state, federal, and local requirements. The CFSA and WIOA area shall follow the state and federal requirements unless local requirements are more restrictive.

(1) Compliance includes asset classification standards and a useful life based on the financial reporting of the county;

(a) When the county uses generally accepted accounting principles (GAAP), the CFSA or WIOA area will use the county's published asset classification and useful life schedule published within the county's financial statement or;

(b) When the county uses the cash basis for their financial statements, the CFSA or WIOA area will determine, document, and support asset classification and a useful life schedule.

(2) Reimbursement will be consistent with the practices that meet requirements for reasonableness, allowability, and allocability as outlined in 2 C.F.R. part 200.

(3) When a WIOA area is composed of more than one unit of general local government or more than one political subdivision, the WIOA area shall follow the most restrictive of state, federal, and local requirements when seeking federal or state reimbursement for a capital asset.

(1) For department of labor (DOL) funds, a WIOA area may direct charge a capital asset with prior written approval from the Ohio department of job and family services (ODJFS).

(a) A local area shall request such approval by submitting a completed JFS 01994 "Request for Approval to Direct Charge Workforce Innovation and Opportunity Act (WIOA) Area Funds for Equipment." The ODJFS review criteria include the following items:

(i) The existence of any local requirements, either at the WIOA area or at the county level if the WIOA area is acting on behalf of a county.

(ii) The purchase of the equipment shall meet the standard federal guidelines of reasonableness and allowability.

(iii) The proposed methodology of allocating the costs between the adult, dislocated, and youth grants, and any administration costs shall ensure the grants are charged in accordance with relative benefits received.

(iv) All supporting documentation required on the JFS 01994.

(2) For health and human services and United States department of agriculture funds, ODJFS will provide additional guidance on a case-by-case basis, to CFSAs, for federally approved requests to expense the cost of equipment, including the timing of the direct charge and reporting of the expenditure.

(D) Acquisition of capital assets using local funds.

(1) The CFSA or WIOA area may be reimbursed for the use of capital assets used for operating federal programs that are capitalized in accordance with GAAP provided they are used for allowable activities and properly allocated to the proper federal awards according to the ODJFS cost allocation plan (CAP) and federal cost principles established in 2 C.F.R. part 200.

(2) The CFSA or WIOA area acquires capital assets using local funds and recovers the cost of the use of the asset through deprecation.

(E) Depreciation.

(1) For an asset donated to the CFSA or WIOA area by a third party, its fair market value at the time of the donation shall be considered as the acquisition cost. Such assets may be depreciated or claimed as cost sharing, where allowable, but not both. The calculation of depreciation shall exclude:

(a) The cost of land;

(b) Any portion of the cost of buildings and equipment borne or donated by the federal government irrespective of where the title was originally vested or where it is presently located;

(c) Any portion of the cost of buildings and equipment contributed by or for the CFSA or WIOA area or where law or agreement prohibits recovery; and

(d) Any asset acquired solely for the performance of a non-federal award.

(2) In addition to the provisions in paragraph (B) of this rule, depreciation will be consistent with the county auditor's treatment of assets. When the county auditor uses the cash basis for their financial statements, the CFSA or WIOA area will determine, document and support depreciation and the following factors shall be considered:

(a) Type of construction;

(b) Nature of the equipment used;

(d) Historical usage data; and

(e) The renewal and replacement policies followed for the individual items or classes of assets involved.

(3) The straight-line method of depreciation is presumed to be the appropriate method of depreciation unless the CFSA or WIOA area presents clear evidence indicating that the expected consumption of the asset will be significantly greater in the early portions than in the later portions of its useful life.

(4) The CFSA or WIOA area may not change depreciation methods unless approved in advance by ODJFS. The CFSA or WIOA area shall submit all requests to change the method of depreciation to the ODJFS fiscal supervisor. All requests shall include no less than the following information:

(a) The useful life of the item;

(b) The history of the method of costing that has been used for the life of the asset; and

(5) In accordance with paragraph (B) of this rule, the CSFA or WIOA area has two options for reimbursement for building usage when the depreciation method is used:

(a) The entire building (i.e., the shell and all components) may be treated as a single asset and depreciated over a single useful life; or

(b) The building may be divided into multiple components and each component depreciated over its estimated useful life. The building components shall be grouped into three general components of a building:

(i) Building shell, including construction and design costs;

(ii) Building services systems (e.g., elevators, HVAC and plumbing); and

(iii) Fixed equipment (e.g. casework, fume hoods, etc.).

(6) The CFSA or WIOA area may not depreciate any assets that have outlived their depreciable lives. However, other related costs such as maintenance and insurance may be allowable.

(7) The CFSA or WIOA area shall ensure that charges for depreciation are supported by adequate property records. The agency shall:

(a) Perform a physical inventory of assets at least once every two years to ensure that the assets exist and are usable, used, and needed; and

(b) Maintain depreciation records indicating the amount of depreciation taken each period.

(8) When the CFSA or WIOA area is converting to the depreciation method from the use allowance method, depreciation shall be computed as if the asset had been depreciated over its entire life (i.e., from the date the asset was acquired and ready for use to the date of disposal or withdrawal from service). The total amount of use allowance and depreciation for an asset (including imputed depreciation applicable to periods prior to the conversion from the use allowance method as well as depreciation after the conversion) may not exceed the total acquisition cost of the asset.

(9) The CFSA or the WIOA area shall report the appropriate amount in accordance with rule 5101:9-7-29 of the Administrative Code in order to make depreciation claims for federal reimbursement.

Last updated February 7, 2025 at 7:45 AM

History

Effective: February 7, 2025
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-4-11 Rental costs and lease agreements.

(A) The county family service agency (CFSA) and the Workforce Innovation and Opportunity Act (WIOA) local area shall follow federal, state, and local regulations when seeking federal financial participation (FFP) for the costs associated with the rental or lease of property and/or equipment. The costs must be necessary and reasonable for proper and efficient performance and administration of the award and must be in compliance with 2 C.F.R. part 200 and generally accepted accounting principles (GAAP).

(B) Definitions

(1) "Amortization" means the method for allocating the cost of "right-to-use" of an asset to periods benefitting from asset use over the lesser of the lease term or economic life.

(2) "Depreciation" means the method for allocating the cost of assets/equipment to periods benefitting from asset use.

(3) "Equipment" means tangible personal property (including information technology systems) having a useful life of more than one year and a per-unit acquisition cost which equals or exceeds the lesser of the capitalization level established by the non-federal entity for financial statement purposes, or the amount published in the most current version of 2 C.F.R. part 200.

(4) "Expensing" means the method for allocating costs claimed as a direct or indirect cost and expensed during the accounting period.

(5) "Lease" means a contract that conveys control of the right to use another entity's nonfinancial asset (the underlying asset) as specified in the contract for a period of time in an exchange or exchange-like transaction.

(6) "Lease liability" means principal or lease payment minus interest, maintenance fees, taxes, insurance, and other fees.

(7) "Lease term" means the period during which a lessee has a noncancelable right to use an underlying asset and also includes extension periods regardless of the probability of the extension period being exercised.

(8) "Nonfinancial asset" means the underlying asset in this rule specifically the control of the right to use the underlying assets not limited to capital assets such as buildings, land, vehicles and equipment. However, the definition of nonfinancial assets does exclude the following: financial assets, intangible assets (other than intangible right-to-use assets), assets financed by conduit debt, biological assets, inventory, supply contracts, service concession arrangements, and licensing contracts for computer software.

(9) "Supplies" mean all tangible personal property other than those described in the definition of equipment. A computing device is a supply if the acquisition cost is less than the lesser of the capitalization level established by the non-federal entity for financial statement purposes or the amount published in the most current version of 2 C.F.R. part 200, regardless of the length of its useful life.

(C) In determining reasonability, the CFSA or WIOA local area shall research rental/lease costs of property and/or equipment to ensure costs are allowable to the extent that the rates are reasonable and consideration is given to each of the following factors:

(1) Available alternatives;

(2) Comparable property, if available;

(3) Area market conditions; and

(4) The type, useful life, condition, and value of the property being leased.

CFSA and WIOA local area shall review rental/lease agreements periodically to determine if circumstances have changed and other options are available.

(D) Specific requirements for special lease/rental contract types

(1) Sale and leaseback contracts.

A sale and leaseback contract is one under which one party sells property to a buyer and the buyer immediately leases the property back to the seller. While it is acknowledged that an increase in rental costs may result from a change in ownership, the allowable claim to federal programs cannot exceed the amount allowable prior to the sale and leaseback arrangement. Rental/lease costs are allowable only up to the amount that would be allowed had the non-federal entity continued to own the property. Examples of the types of costs included in the calculation of allowable costs are provided in paragraphs (F)(1) and (F)(3) to (F)(6) of this rule.

(2) Less-than-arm's-length lease contracts.

For this purpose, a less-than-arm's-length lease is one in which one party to the lease agreement is able to control or substantially influence the actions of the other. Rental/lease costs are allowable only up to the amount that would be allowed if the non-federal entity owned the property. Examples of the types of costs included in the calculation of allowable costs are provided in paragraphs (F)(1) and (F)(3) to (F)(6) of this rule. Such leases include, but are not limited to, those between the following entities:

(a) Divisions of the non-federal entity;

(b) The non-federal entity under common control through common officers, directors, or members, as in a lease between a county agency and a board of county commissioners; and

(c) The non-federal entity and a director, trustee, officer, or key personnel of the non-federal entity or his/her immediate family as defined in 2 C.F.R. 200.465, either directly or through corporations, trusts, or similar arrangements in which they hold a controlling interest.

(d) Lease contracts between the entities described in paragraph (D)(2)(b) of this rule do not meet the definition of a lease under governmental accounting standards board (GASB) 87.

(E) All other types of lease contracts and cost reimbursement.

(1) "Governmental Accounting Standards Board (GASB) Statement 87" will be used to categorize existing and new leases for local fiscal years beginning after June 15, 2021; however, early implementation is permissible.

(a) Short-term leases - defined in GASB 87 "as a lease that, at the commencement of the lease term, has a maximum possible term under the lease contract of twelve months (or less), including any options to extend, regardless of their probability of being exercised." Cost reimbursement under short-term leases for costs identified in paragraphs (F)(2) to (F)(6) of this rule are claimed via expensing

(b) Contracts that transfer ownership as defined in GASB 87 "as a contract that transfers ownership of the underlying asset to the lessee by the end of the contract and does not contain termination options, but that may contain a fiscal funding or cancellation clause that is not reasonably certain of being exercised."

(i) When an underlying asset is equal to or greater than the lesser of either the local capitalization threshold or the federal/state capitalization threshold of five thousand dollars, cost reimbursement is accounted for as follows: principal costs under contracts that transfer ownership are claimed via depreciation over the useful life of the asset and all other costs identified in paragraphs (F)(3) to (F)(6) of this rule are claimed via expensing.

(ii) When an underlying asset is less than the lesser of either the local capitalization threshold or the federal/state capitalization threshold of the amount published in the most current version of 2 C.F.R. part 200, cost reimbursement for costs identified in paragraphs (F)(2) to (F)(6) of this rule are claimed via expensing.

(c) Leases that do not transfer ownership as defined in GASB 87 "as a lease other than short-term leases and contracts that transfer ownership as defined in paragraphs (E)(2)(a) and (E)(2)(b) of this rule.

(i) Cost reimbursement under leases that do not transfer ownership is accounted for as follows: Lease liability costs are claimed via amortization over the lesser of the lease term or the useful life of the asset; and

(ii) All other costs identified in paragraphs (F)(3) to (F)(6) of this rule are claimed via expensing.

(2) Rental/lease costs are allowable only up to the amount that would be allowed had the CFSA and WIOA local area purchased the property on the date the lease agreement was executed. Examples of the types of costs included in the calculation of allowable costs are provided in paragraph (F) of this rule.

(F) Calculation of allowable rental/lease costs under the special lease/rental types in this paragraph include expenses such as:

(1) Depreciation or amortization as defined in paragraph (B)(1) of this rule applicable for claiming the principal or lease liability under contracts that transfer ownership and leases that do not transfer ownership;

(2) Operating costs - rent; can also include costs as listed in paragraphs (F)(3) to (F)(6) of this rule;

(3) Interest as outlined in 2 C.F.R. 200.449;

(4) Maintenance costs of keeping the property in efficient operating condition. These costs are not allowable if included in the rental agreement or result in an increase in the property's permanent value;

(5) Taxes; and

(6) Insurance.

(G) Unallowable costs

(1) The rental of any property owned by any individuals or entities affiliated with the non-federal entity, including commercial or residential real estate, for purposes such as the home office workspace is unallowable.

(2) Contracts that transfer ownership must exclude amounts paid for profit, management fees, and taxes that would not have been incurred had the non-federal entity purchased the property per 2 C.F.R. 200.465 (d).

Last updated February 2, 2026 at 7:52 AM

History

Effective: January 31, 2026
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-4-15 Disposal of personal property.

Personal property acquired in whole or in part with federal funds is disposed of in compliance with 2 C.F.R. part 200, 7 C.F.R. part 277, 29 C.F.R. part 97, and 45 C.F.R. part 75 and section 307.12 of the Revised Code in accordance with state and local requirements. The most restrictive regulations shall apply.

(A) Unused supplies exceeding ten thousand dollars in total aggregate value and/or equipment with a current per unit fair market value in excess of ten thousand dollars no longer used for any federal award, may be used on other activities or sold. In either case, the federal government is compensated.

(1) The current market value or proceeds from the sale is multiplied by the non-federal entity's percentage of participation in the cost of the original purchase, equals the amount compensated to the federal government.

(2) If equipment or supplies are sold, the non-federal entity may deduct and retain from the federal share one thousand dollars for its selling and handling expenses.

(B) Unused supplies with a total aggregate value of ten thousand dollars or less, or items of equipment with a current per unit fair market value of ten thousand dollars or less, may be retained, sold or otherwise disposed of with no further obligation to the federal awarding agency.

(1) "Personal property" means anything other than real property.

(2) "Equipment" means tangible personal property (including information technology systems) having a useful life of more than one year and a per-unit acquisition cost which equals or exceeds the lesser of the capitalization level established by the recipient or subrecipient for financial statement purposes, or ten thousand dollars.

(3) "Supply" means all tangible personal property other than those described in the equipment definition. A computing device is a supply if the acquisition cost is below the lesser of the capitalization level established by the recipient or subrecipient for financial statement purposes or ten thousand dollars, regardless of the length of its useful life.

(D) The county agency notifies the board of county commissioners for disposal of personal property when one of the following apply:

(1) The loss of the personal property was claimed for federal financial participation (FFP);

(2) The personal property is not needed by the county agency for public use; or

(3) The personal property is obsolete or unfit for the use for which the county agency acquired it.

(E) Once the board of county commissioners is notified by the county agency, it is the board's responsibility to dispose of the personal property.

(F) When the board of county commissioners finds, by resolution, that the county has personal property that is not needed for public use or is obsolete or unfit for the use for which it was acquired, disposal options include the following as described in section 307.12 of the Revised Code:

(1) Personal property that has been determined to have no value may be discarded or salvaged;

(2) Personal property with a fair market value under two thousand five hundred dollars, as determined by the board, may be sold by private sale or internet auction, without advertisement or public notification;

(3) Personal property with a fair market value over two thousand five hundred dollars, as determined by the board, may be sold at public or internet auction or by sealed bid to the highest bidder; and

(4) A vehicle valued at or less than four thousand five hundred dollars may be donated to a nonprofit organization exempt from federal income taxation for the purpose of meeting transportation needs of Ohio works first and/or prevention, retention, and contingency program participants.

(5) If the value of the personal property is ten thousand dollars or less, the board may lease the personal property to any municipal corporation, township, political subdivision of the state, or a county land reutilization corporation.

Last updated February 7, 2025 at 7:46 AM

History

Effective: February 7, 2025
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-4-88 Subrecipient management requirements for pass-through entities.

(A) Each county family services agency (CFSA) and local workforce development board (LWDB), as a subrecipient of the Ohio department of job and family services (ODJFS), are required to manage and monitor their subrecipients as stated in the most recent version of 2 C.F.R. part 200, subpart D, "Subrecipient Monitoring and Management." All of the processes in this rule are to be documented and supported by the CFSA and LWDB:

https://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title02/2cfr200_main_02.tpl

(B) Definitions:

(1) Subrecipient: an entity that receives a subaward from a pass-through entity to carry out part of a federal award. CFSAs and LWBDs are subrecipients and they can also pass-through federal funds to organizations which become their subrecipients.

(2) Pass-through entity (PTE): an entity that provides a subaward to a subrecipient to carry out part of a federal program.

(3) Subaward means an award provided by a pass-through entity to a subrecipient for the subrecipient to contribute to the goals and objectives of the project by carrying out part of a federal award received by the pass-through entity. It does not include payments to a contractor, beneficiary, or participant. A subaward may be provided through any form of legal agreement consistent with criteria in 2 C.F.R. part 200.331, including an agreement that the pass-through entity considers a contract.

(1) Determine if a subrecipient or a contractor relationship exists as stated in 2 C.F.R. part 200.331 "Subrecipient and contractor determinations."

(a) The association of government accountants (AGA) published a subrecipient vs. contractor checklist at https://www.agacgfm.org/Resources/Iintergov/More-Tools/Subrecipient-vs-Contractor and could be used in conjunction with the CFSA and LWBD tools already in place.

(b) Subaward agreements funded in whole or in part with federal funds do not represent acquisitions and therefore the procurement standards do not apply, as outlined in paragraph (A)(2) of rule 5101:9-4-07 of the Administrative Code, unless procurement is mandated by another federal, state, or local rule.

(2) Verify that the subrecipient is not excluded or disqualified in accordance with C.F.R. part 200.332. Verification methods are provided and include confirming in SAM.gov that a potential subrecipient is not suspended, debarred, or otherwise excluded from receiving federal funds.

(3) Ensure that the subaward is clearly identified as stated in 2 C.F.R. part 200.332(b) "Requirements for pass-through entities."

When some of the listed information in 2 C.F.R. part 200.332 "Requirements for pass-through entities" is not available, the PTE must provide the best information available to describe the federal subaward.

(4) Evaluate the subrecipient's risk of noncompliance, as described in 2 C.F.R. part 200.332 "Requirements for pass-through entities."

The AGA published a risk assessment tool at https://www.agacgfm.org/Resources/intergov/RiskAssessmentMonitoring.aspx

(5) The risk assessment in paragraph (C)(4) of this rule will help to determine the scope that the CFSA and LWDB use for the required monitoring of the subrecipient as outlined in 2 C.F.R. part 200.332(e) to (i).

Last updated March 17, 2025 at 8:01 AM

History

Effective: March 17, 2025
Promulgated Under: 111.15

Chapter 5101:9-5 Comprehensive Case Management and Employment Program

Ohio Adm.Code 5101:9-5-01 Workforce Innovation and Opportunity Act (WIOA) fiscal agent responsibilities for the comprehensive case management employment program (CCMEP).

(A) The comprehensive case management employment program (CCMEP) is a collaborative Title IV-A program and workforce development activity designed to improve employment and education outcomes for low-income youth and young adults by assisting participants in overcoming barriers to employment and developing employment skills. This is accomplished by integrating components of the Ohio works first (OWF) and the Workforce Innovation and Opportunity Act (WIOA) youth program to create a better-coordinated, person centered case management system.

(B) The board of commissioners in each county is required to designate a lead agency, which is either the county department of job and family services (CDJFS) or workforce development agency (WDA) that serves the county, to administer CCMEP. State law sets forth the requirement that the CCMEP lead agency is responsible for the proper management of program funds. CCMEP requires collaboration with other local participating agencies, the WIOA local workforce development board (LWDB) and the fiscal agent. State law does not supersede any federally mandated law, rules or duties and responsibilities.

(C) The WIOA fiscal agent shall follow regulations regarding local fiscal agent responsibilities as set forth in 20 C.F.R. 679.420 and rule 5101:9-7-05 of the Administrative Code. The Ohio department of job and family services (ODJFS) will continue existing sub-grant agreements with each WIOA fiscal agent to receive all CCMEP WIOA youth funds within its workforce area. If the lead agency within a county is a WDA, these agreements may be amended to include CCMEP temporary assistance for needy families (TANF) regular and CCMEP TANF administration funding.

(D) CCMEP responsibilities.

The WIOA fiscal agent is responsible for the receipt, disbursement, accounting and reporting of all CCMEP WIOA funds awarded by ODJFS. Fiscal responsibilities for CCMEP WIOA include:

(1) Fulfilling the responsibilities of a pass-through entity as defined in 2 C.F.R. 200.331, the duties of a WIOA fiscal agent, and the terms and conditions in the ODJFS sub-grant agreement;

(2) Ensuring a sub-grant agreement exists with each CCMEP lead agency within the local area;

(3) Monitoring the area's sub-recipients, including the CCMEP lead agency;

(4) If assigned by the workforce development board, procuring the CCMEP WIOA youth providers on the board's behalf.

(E) CCMEP funding.

(1) ODJFS awards all CCMEP WIOA youth funds to the WIOA fiscal agent for each county.

(2) When the lead agency is a WDA, ODJFS issues the CCMEP TANF regular and CCMEP TANF administration funds to the WIOA fiscal agent.

(F) Procurement.

(1) WIOA youth procurement shall be a collaborative effort with the LWDB, WIOA fiscal agent and lead agency. In accordance with WIOA section 107(d)(10)(B), the workforce development board (WDB) has responsibility for the competitive procurement of WIOA youth service providers, which includes those that are used to deliver CCMEP WIOA youth funded services.

(2) In accordance with 20 C.F.R. 679.420, the WIOA local board may assign the duty of procuring contracts to the fiscal agent.

(3) When a lead agency or WIOA fiscal agent expresses an interest in becoming a competitively procured youth provider, the lead agency or WIOA fiscal agent must separate itself from all aspects of the procurement process.

(G) Administration.

(1) CCMEP WIOA youth administration.

(a) In accordance with 20 C.F.R. 683.215, the definition of WIOA administration specifies that all costs incurred for functions and activities of sub-recipients and contractors are program costs, unless the sub-recipient or contractor is performing only administrative functions.

(b) Sub-recipient and contractors performing program functions that are funded with CCMEP WIOA youth funds do not report administrative costs against the area's ten per cent administration expense limit.

(c) At the discretion of the LWDB, a reasonable portion of CCMEP WIOA youth administration funds may be used to support the activities of the LWDB and WIOA fiscal agent.

(2) CCMEP TANF administration.

(a) When a WIOA WDA serves as the lead agency, up to ten per cent of the CCMEP TANF administration allocation may be retained at the WIOA fiscal agent level for administration costs. The term "administrative costs" as defined in 45 C.F.R. 263 means costs necessary for the proper administration of the TANF program or separate state programs, such as costs associated with eligibility determination activities.

(b) Specific activities that are related to the general administration and coordination of the TANF program can be found in rule 5101:9-6-08.8 of the Administrative Code.

(H) The local area shall maintain documentation in accordance with the records retention requirements in rule 5101:9-9-21 of the Administrative Code. This documentation may be subject to inspection, monitoring, and audit.

Last updated September 30, 2021 at 2:48 PM

History

Effective: September 30, 2021
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-5-02 Comprehensive case management employment (CCMEP) Workforce Innovation and Opportunity Act (WIOA) youth and youth administration allocations.

(A) The comprehensive case management and employment program (CCMEP) will be the statewide operational framework used to deliver integrated, comprehensive case management and employment services. CCMEP is a Title IV-A program and workforce development activity that provides employment, training services and other supportive services to mandatory and voluntary program participants based upon a comprehensive assessment of an individual participant's employment and training needs.

(B) Ohio law establishing CCMEP does not supersede any federally mandated law, rules or duties and responsibilities. Local WIOA areas shall adhere to requirements set forth in the WIOA guidelines.

(1) For the purpose of this rule, the term "lead agency" means the local participating agency designated by the board of county commissioners to administer CCMEP.

(2) For the purpose of this rule, the term "fiscal agent" has the same meaning as defined in rules 5101:9-7-05 and 5101:9-5-01 of the Administrative Code.

(3) For the purpose of this rule, the term "workforce development board (WDB)" means a local workforce innovation board established in each local area of the state and certified by the governor to set policy for the portion of the statewide workforce innovation system within the local area and implement WIOA as defined in 20 C.F.R. 679.310.

(D) The CCMEP assists eligible youth in overcoming barriers and preparing for employment using an intensive case management approach. Allowable services as defined in rule 5101:14-1-02 of the Administrative Code will be based on a comprehensive assessment of an individual's employment and training needs.

(E) The Ohio department of job and family services (ODJFS) issues the CCMEP WIOA youth allocation and the CCMEP WIOA youth administration allocation to the WIOA fiscal agent.

(1) The WIOA fiscal agent issues the CCMEP WIOA youth allocation as follows:

(a) The WIOA fiscal agent may issue the entire WIOA youth allocation to the lead agency through a sub-grant agreement; or

(b) The WIOA fiscal agent may retain all or a portion of the WIOA youth allocation for the management of competitively procured youth providers.

(2) The WIOA fiscal agent issues the CCMEP youth administration allocation as follows:

(a) The WIOA fiscal agent may issue the entire amount to the lead agency through a sub-grant agreement, as program funding; or

(b) A local area may use a reasonable portion of the CCMEP WIOA youth funds for the administrative cost of carrying out CCMEP WIOA youth activities. These funds may be used for administrative costs to support activities of the local WDB and the WIOA fiscal agent as described in rule 5101:9-31-06 of the Administrative Code.

(F) These allocations are composed of one hundred per cent federal funds. The assistance listings number is 17.259. ODJFS authorizes the CCMEP WIOA youth funds on a program year (PY) basis.

(G) ODJFS communicates the funding and liquidation periods through the county finance information system (CFIS). The WDB can incur obligations through the funding period and disburse and report expenditures no later than the end of the liquidation period.

(H) ODJFS uses the methodology outlined in rule 5101:9-31-94 of the Administrative Code to distribute available CCMEP WIOA funds.

(I) The lead agency shall charge costs associated with activities that provide program services as described in rules 5101:14-1-02 and 5101:14-1-05 of the Administrative Code.

(J) In order to maximize CCMEP WIOA youth resources, WDBs and WIOA fiscal agents shall continue appropriate actions to minimize funding lapses at the end of the funding period. In alignment with department of labor funding flexibility, WDBs and WIOA fiscal agents may adjust CCMEP WIOA youth funds awarded to lead agencies within its local workforce area.

(K) The WIOA local area shall maintain documentation as described in rule 5101:9-9-21 of the Administrative Code. This documentation may be subject to inspection, monitoring, and audit.

Last updated September 30, 2021 at 2:48 PM

History

Effective: September 30, 2021
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-5-03 Comprehensive case management and employment program (CCMEP) temporary assistance for needy families (TANF) regular allocation.

(B) Ohio law establishing CCMEP does not supersede any federally mandated law, rules or duties and responsibilities. Counties shall adhere to requirements set forth in Title IV-A of the Social Security Act. The assisted listings number for this allocation is 93.558.

(1) For the purpose of this rule, the term "lead agency" has the same meaning as defined in rule 5101:9-5-02 of the Administrative Code.

(2) For the purpose of this rule, the term "fiscal agent" has the same meaning as defined in rules 5101:9-7-05 and 5101:9-5-01 of the Administrative Code.

(E) The Ohio department of job and family services (ODJFS) issues the CCMEP TANF regular allocation as follows:

(1) When a workforce development agency (WDA) that is not part of the CDJFS serves as the lead agency, the CCMEP TANF regular allocation is awarded to the Workforce Innovation and Opportunity Act (WIOA) fiscal agent.

(2) When a county department of job and family services (CDJFS) serves as lead agency, the CCMEP TANF regular allocation is awarded to the CDJFS through existing sub-grant agreements with ODJFS.

(F) ODJFS issues this allocation on a federal fiscal year (FFY) basis. ODJFS communicates the funding and liquidation periods through the county finance information system (CFIS). The WDA can incur obligations through the funding period and disburse and report expenditures no later than the end of the liquidation period.

(G) ODJFS uses the methodology outlined in rule 5101:9-6-08 of the Administrative Code to distribute available CCMEP TANF funds.

(H) The lead agency shall charge costs associated with activities that provide program services as described in rules 5101:14-1-02 and 5101:14-1-05 of the Administrative Code to the CCMEP TANF regular allocation.

(I) The lead agency shall claim costs through the random moment sample (RMS) process as described in rule 5101:9-7-20 of the Administrative Code. Shared costs shall be allocated and charged in accordance with the ODJFS cost allocation plan. The lead agency must report expenditures as described in rule 5101:9-7-29 of the Administrative Code.

(J) The lead agency is given the opportunity to request ODJFS to release/distribute unspent and un-obligated CCMEP TANF regular funding as follows:

(1) A lead agency may enter into an agreement with another lead agency to release and receive funds by means of an agreement between the boards of county commissioners through the inter-county adjustment of allocations process as outlined in rule 5101:9-6-82 of the Administrative Code; or

(2) The lead agency may request additional funds or release excess funds twice a year through the redistribution process as outlined in paragraph (H) of rule 5101:9-6-02 of the Administrative Code.

(K) A lead agency may move excess CCMEP TANF administration allocation to the CCMEP TANF regular allocation.

(L) The definitions, requirements, and responsibilities contained in rule 5101:9-6-50 of the Administrative Code are applicable to this rule. Notwithstanding the second sentence in paragraph (A)(2) in rule 5101:9-6-50 of the Administrative Code, CCMEP is a family services duty.

Last updated September 30, 2021 at 2:48 PM

History

Effective: September 30, 2021
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-5-04 Comprehensive case management and employment program (CCMEP) temporary assistance for needy families (TANF) administration allocation.

(1) For the purpose of this rule, the term "lead agency" has the same meaning as defined in rule 5101:9-5-02 of the Administrative Code.

(2) For the purpose of this rule, the term "fiscal agent" has the same meaning as defined in rules 5101:9-7-05 and 5101:9-5-01 of the Administrative Code.

(D) The TANF administration allocation consists of federal funds. The assistance listings number for this allocation is 93.558.

(E) The Ohio department of job and family services (ODJFS) issues this allocation on a federal fiscal year (FFY) basis. ODJFS communicates the funding and liquidation periods through the county finance information system (CFIS). The workforce development agency (WDA) can incur obligations through the funding period and disburse and report expenditures no later than the end of the liquidation period.

(F) ODJFS distributes available funds for this allocation using the methodology in paragraph (D) of rule 5101:9-6-08 of the Administrative Code.

(G) When a board of county commissioners designates a workforce development agency (WDA) that is not part of the CDJFS as the lead agency, ODJFS issues the CCMEP TANF administration allocation to the Workforce Innovation and Opportunity Act (WIOA) fiscal agent for that county. The WIOA fiscal agent may retain up to ten per cent of CCMEP TANF administration funds for the administrative costs of carrying out CCMEP TANF administration activities as described in rule 5101:14-1-05 of the Administrative Code. Allowable administrative cost may be found in rule 5101:9-6-08.8 of the Administrative Code.

(H) The lead agency shall claim administrative costs through the random moment sample (RMS) process as described in rule 5101:9-7-20 of the Administrative Code. Shared costs shall be allocated and charged in accordance with the ODJFS cost allocation plan. The lead agency must report expenditures as described in rule 5101:9-7-29 of the Administrative Code.

(I) A lead agency is given the opportunity to request ODJFS to release/distribute unspent and un-obligated CCMEP TANF administration funding as follows:

(2) The lead agency may request additional funds or release excess funds twice a year through the redistribution process as outlined in paragraph (H) of rule 5101:9-6-02 of the Administrative Code.

(J) The definitions, requirements, and responsibilities contained in rule 5101:9-6-50 of the Administrative Code are applicable to this rule. Notwithstanding the second sentence in paragraph (A)(2) in rule 5101:9-6-50 of the Administrative Code, CCMEP is a family services duty.

Last updated September 30, 2021 at 2:48 PM

History

Effective: September 30, 2021
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-5-65 Temporary assistance to needy families' reporting system.

(A) The temporary assistance to needy families (TANF) reporting system is designed to capture TANF data regarding services, populations served and expenditures for all non-cash assistance TANF services.

(B) All prevention, retention, and contingency (PRC) and Ohio works first (OWF) support services must constitute "non-assistance" as set forth in section 5101.801 of the Revised Code.

(C) The TANF reporting system consists of two reporting mechanisms based on two primary service categories of "hard" and "soft" services:

(1) "Hard" services are benefits having cash value (e.g., rent payments) that are provided to clients either as PRC services or OWF support services. These services are reported through the client registry information system-enhanced (CRIS-E) at the time of service provision. The reporting categories, codes and service definitions for hard services are listed in CRIS-E/TANF "Hard" service reporting categories.

(2) "Soft" services are services without cash value to the recipient (e.g., job training and education, after-school programs, etc.) that are provided to clients either as PRC services or OWF support services. Data on these services are collected through the TANF - "Web Reporting Tool" (WRT). Using the TANF-WRT mechanism, counties will report monthly data on soft services by service category, sub-category, numbers of individuals served, and service costs. TANF-WRT contains the details on the data requirements for PRC soft services and OWF soft support services. Soft services data is compiled on a monthly basis. Counties may submit the data on a monthly basis, or on a quarterly basis as long as it incorporates month-specific data and is submitted no later than forty-five days after the end of the quarter.

(D) Instructions for accessing the TANF-WRT by counties and/or service providers are included in the instructional materials attached to the TANF-WRT.

History

Effective: June 5, 2011
Promulgated Under: 111.15

Chapter 5101:9-6 Allocations

Ohio Adm.Code 5101:9-6-02 County subgrant agreement and allocation process.

(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

(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.

Last updated April 3, 2023 at 8:35 AM

History

Effective: April 1, 2023
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-6-05 Income maintenance (IM) allocations.

(A) The Ohio department of job and family services (ODJFS) issues two separate IM allocations to the county department of job and family services (CDJFS) to meet federal matching fund requirements:

(1) An allocation for administrative expenditures incurred in the administration of supplemental nutrition assistance program (SNAP); and

(2) An allocation for administrative expenditures incurred in the administration of the medical assistance (MA) program and the state children's health insurance program (SCHIP) issued on behalf of the Ohio department of medicaid.

(B) The funding for each IM allocation consists of one hundred per cent state funds, and is in addition to the county mandated share required by section 5101.16 of the Revised Code and detailed in rule 5101:9-6-31 of the Administrative Code. Federal funds are passed through to the CDJFS as follows:

(1) Federal SNAP administration funding is passed through to the CDJFS at the current federal financial participation (FFP) rate.

(2) Federal MA administrative expenses are passed through to the CDJFS at the current FFP rate as follows:

(a) Federal MA administrative expenses passed through at the current FFP rate include activities which precede the eligibility determination and activities subsequent to the eligibility determination such as:

(i) Outreach and marketing, including general public outreach and beneficiary education and outreach, explanations of eligibility policies, program and benefits, plan choice counseling, and plan enrollment.

(ii) Policy development and research, including items related to eligibility determination standards and methodologies.

(iii) Training on eligibility rules, other staff development, and training for end users within the system who are not making eligibility determinations.

(iv) Community-based application assistance such as assisting with application completion and navigation, etc.

(v) Program integrity, including audits and investigations, and any other quality assurance activities.

(vi) Formal appeals of eligibility decisions, including accepting and processing appeals and hearings, and decision if rendered by the state.

(vii) Customer service, including call center activities and out-stationed eligibility worker activities related to beneficiary education, benefits, plan choice, enrollment and civil rights complaints; and

(viii) Postage, including mailing of any medicaid related documents for any reason.

(b) Federal MA administration expenses passed through at the current FFP rate include activities within and related to support for the eligibility determination information technology system, Ohio benefits (OB), such as:

(i) Intake including activities related to receipt of the application or data related applications.

(ii) Acceptance including manual and automated edits and verification of data.

(iii) Eligibility determination including activities related to assisting the automated eligibility determination system in the evaluation of the edited, verified data to make an eligibility determination.

(iv) Outputs including the issuance of the eligibility notice to the beneficiary, file updates and all activities related to notification to partners of the decision. Mailing of notices are eligible at the fifty per cent rate.

(v) On-going case maintenance including receipt of data related to the ongoing eligibility and maintenance of a beneficiary's eligibility, such as annual renewals, address changes, income changes, household composition changes, etc. and the related steps as described in paragraphs (B)(2)(b)(i) to (B)(2)(b)(iv) of this rule.

(vi) Customer service including call center activities related to the receipt of data required for an initial eligibility determination and the on-going eligibility and maintenance of a beneficiary's eligibility, but not verification activities as defined in paragraph (B)(2)(b)(ii) of this rule. Activities of call center staff are eligible at the seventy-five percent rate only for activities related to eligibility determination or on-going case maintenance.

(vii) System maintenance and routine system updates including routine system maintenance, security updates and other routine maintenance activities related to the eligibility determination system: and

(viii) System training for the operation of the eligibility system, including workers processing claims or determining eligibility.

(3) Federal SCHIP funding is passed through to the CDJFS at the current federal medical assistance percentages (FMAP).

(C) ODJFS will communicate the funding and liquidation periods for these allocations through the county finance information system (CFIS). The CDJFS shall expend funds by the end of the funding period and disburse and report expenditures no later than the end of the liquidation period.

(D) ODJFS uses the following methodology to distribute available IM funds for all allocations. ODJFS allocates:

(1) Thirty per cent of the statewide allocations based on each county's population less than one hundred per cent of the federal poverty level utilizing the most recent calendar year (CY) data from the U.S. bureau of census.

(2) Thirty per cent of the statewide allocations based on each county's population less than two hundred per cent of the federal poverty level utilizing the most recently available CY data from the U.S. bureau of census.

(3) Thirty per cent of the statewide allocations based on each county's "adjusted recipients." The number of adjusted recipients is equal to the total of the categories of non-public assistance SNAP recipients, disability financial assistance (DFA) recipients and disability medical assistance (DMA) recipients, adult medicaid recipients, healthy start recipients, SCHIP recipients, TANF-related medicaid recipients, and TANF recipients.

(4) Five per cent of the statewide allocations based upon the county's average unemployment rate as compared statewide in the same category, utilizing the most recently available report month.

(5) Five per cent of the statewide allocations based upon the county's poverty rate. A county's poverty rate is identified as the percentage of the county's population living at or below the federal poverty level.

(E) Upon completion of the steps in paragraph (D) of this rule, the ODJFS utilizes a 0.30 per cent adjusting factor to increase or decrease the funding based upon the county difference to the statewide average per capita income.

(F) ODJFS caps the formula-calculated allocation amounts at a four per cent increase and decrease from the previous SFY. If a decrease or increase in the statewide amount results in counties' allocations fluctuating more than four per cent, ODJFS will not apply the formula, but will decrease or increase each county's previous state fiscal year (SFY) allocation by the percentage of change to the statewide amount.

(G) The CDJFS may code the following expenditures against this funding.

(1) Nonfederal share of SNAP administration as contained in division 5101:4 of the Administrative Code may be coded to the IM allocation for the total SNAP expenditures less the current FFP rate including excess SNAP employment and training expenditures as detailed in rule 5101:9-6-09.3 of the Administrative Code;

(2) Nonfederal share of MA may be coded against the IM allocation for the total MA expenditures less the current FFP rate. The nonfederal share activities include:

(a) Federal MA administrative expense activities which precede the eligibility determination and activities subsequent to the eligibility determination such as:

(ii) Policy development and research, including items related to eligibility determination standards and methodologies.

(iii) Training on eligibility rules, other staff development, and training for end users within the system who are not making eligibility determinations.

(iv) Community-based application assistance such as assisting with application completion and navigation, etc.

(v) Program integrity, including audits and investigations, and any other quality assurance activities.

(vi) Formal appeals of eligibility decisions, including accepting and processing appeals and hearings, and decision if rendered by the state.

(viii) Postage, including mailing of any medicaid related documents for any reason.

(b) Federal MA administrative expense activities which precede the eligibility determination and activities subsequent to the eligibility determination such as:

(i) Intake including activities related to receipt of the application or data related applications.

(ii) Acceptance including manual and automated edits and verification of data.

(iii) Eligibility determination including activities related to assisting the automated eligibility determination system in the evaluation of the edited, verified data.

(vi) Customer service including call center activities related to the receipt of data required for an initial eligibility determination and the on-going eligibility and maintenance of a beneficiary's eligibility, but not verification activities as defined in paragraph (B)(2)(b)(ii) of this rule. Activities of call center staff are eligible at the seventy-five per cent rate only for activities related to eligibility determination or on-going case maintenance.

(viii) System training for the operation of the eligibility system, including workers processing claims or determining eligibility.

(d) Managed health care program (MHCP) as contained in rule 5160-26-01 of the Administrative Code;

(e) Supplemental security income (SSI) administration as contained in rule 5101:1-1-01 of the Administrative Code; and

(f) Pregnancy related services and transportation (PRST) administration as contained in rules 5160-21-04 and 5160-15-10 of the Administrative Code;

(g) Healthchek administration as contained in rule 5160-1-14 of the Administrative Code;

(h) Mental health and developmental disabilities administration.

(3) Nonfederal share of SCHIP may be coded against the IM allocation based on the current FMAP.

(4) In the event that a CDJFS's IM allocations are exhausted prior to the end of the SFY, the CDJFS shall be required to provide local nonfederal funds to be used as MA, SCHIP and FA match.

(H) A CDJFS may request to move funding between the IM SNAP allocation and the IM MA allocation. The CDJFS shall use the budget request function in CFIS to request the transfer of funding no later than the last day of the liquidation period.

(I) The CDJFS may provide all or a portion of its IM allocations to the child support enforcement agency (CSEA) for use in meeting matching fund requirements for the Title IV-D program or to reimburse the county for administrative expenditures incurred in the administration of the child support program.

(1) If the amount includes any portion of the IM MA allocation, a CDJFS shall use the budget request function as outlined in paragraph (H) of this rule to request a transfer of the IM MA amount to the IM FA allocation.

(2) The CDJFS will submit draw requests and report the transferred amount as expenditures using codes established in CFIS for this purpose.

(3) The CSEA will report receipt of the transferred amount using codes established in CFIS for this purpose.

(J) A CDJFS and CSEA shall report expenditures as described in rule 5101:9-7-29 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.

Last updated July 20, 2026 at 8:00 AM

History

Effective: July 20, 2026
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-6-08 Temporary assistance for needy families (TANF) regular allocation.

(A) The Ohio department of job and family services (ODJFS) issues the TANF regular allocation to the county department of job and family services (CDJFS) for costs incurred in providing direct program activities and services for the Ohio works first (OWF) program and the prevention, retention, and contingency (PRC) program.

(B) This allocation consists of federal funds, and is in addition to the county mandated share as contained in rule 5101:9-6-31 of the Administrative Code. The catalog of assistance listing number (ALN) number for this allocation is 93.558.

(C) ODJFS issues this allocation on a federal fiscal year (FFY) basis. ODJFS communicates the funding period and the liquidation periods through the county finance information system (CFIS). The CDJFS can incur services through the funding period and disburse and report expenditures no later than the end of the liquidation period.

(D) ODJFS utilizes the following methodology to distribute available funds for this allocation:

(1) ODJFS allocates thirty per cent of the statewide allocation based upon each county's population of less than one hundred per cent of the federal poverty level utilizing the most recent calendar year (CY) data from the United States bureau of census.

(2) ODJFS allocates thirty per cent of the statewide allocation based on each county's population of less than two hundred per cent of the federal poverty level utilizing the most recently available CY data from the United States bureau of census.

(3) ODJFS allocates thirty per cent of the statewide allocation based on each county's adjusted recipients. The number of adjusted recipients is equal to the total of the categories of non-public assistance food assistance recipients, disability assistance (DA) recipients and disability medical assistance (DMA) recipients, adult medicaid recipients, healthy start, children health insurance program (CHIP), TANF-related and medicaid recipients, and TANF recipients.

(4) ODJFS allocates five per cent of the statewide allocation based on each county's average unemployment rate as compared statewide in the same category, utilizing the most recently available report month.

(5) ODJFS allocates five per cent of the statewide allocation based on each county's poverty rate as compared statewide in the same category utilizing the most recently available report month. A county's poverty rate is identified as the percentage of the county's population living at or below the federal poverty level.

(E) Upon completion of the steps in paragraph (D) of this rule, ODJFS uses a 0.3 per cent adjusting factor to increase or decrease the allocation based upon the county difference to the statewide average per capita income. ODJFS calculates the applied adjustment as follows:

(1) Counties with higher per capita income than the statewide average will receive the adjustment as a decrease; and

(2) Counties with a lower per capita income than the statewide average will receive the adjustment as an increase.

(F) ODJFS caps the formula-calculated allocation amounts at a four per cent increase and decrease from the previous FFY. If a decrease or increase in the statewide allocation amount results in counties' allocations fluctuating more than four per cent, ODJFS will not apply the formula, but will decrease or increase each county's previous FFY allocation by the percentage of change to the statewide amount.

(G) The CDJFS reports allowable costs associated with activities and contracts that provide program services to the TANF regular allocation. Applicable costs include the following:

(1) Case management;

(2) Screening and assessments;

(3) Providing diversion benefits and services;

(4) Providing program information to clients; and,

(5) Development of employability plans, work activities, work supports, and post employment services.

(H) Costs associated with TANF administration, as defined in 45 C.F.R. 263.0, as in effect April 12, 1999, shall not be charged to the TANF regular allocation. TANF administration costs shall instead be charged to the TANF administration allocation as contained in rule5101:9-6-08.8 of the Administrative Code.

(I) The CDJFS shall claim non-administrative employee costs through the random moment sample (RMS) process as detailed in rule 5101:9-7-20 of the Administrative Code. The CDJFS reports direct expenditures as described in rule 5101:9-7-29 of the Administrative Code.

(J) The definitions, requirements, and responsibilities contained in rule 5101:9-6-50 of the Administrative Code are applicable to this rule.

Last updated December 8, 2025 at 7:30 AM

History

Effective: December 6, 2025
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-6-08.8 Temporary assistance for needy families (TANF) administration allocation.

(A) The Ohio department of job and family services (ODJFS) issues the TANF administration allocation to the county department of job and family services (CDJFS) for administrative costs incurred in providing program activities and services for the Ohio works first (OWF) and the prevention, retention and contingency (PRC) program.

(B) The assistance listing number (ALN) number for this allocation is 93.558.

(C) ODJFS issues the TANF administration allocation on a federal fiscal year (FFY) basis. ODJFS communicates the funding period and the liquidation period for this allocation through the county finance information system (CFIS). The CDJFS can incur services through the funding period and disburse and report expenditures no later than the end of the liquidation period.

(D) ODJFS will distribute available funds for this allocation using the same methodology as contained in paragraph (D) of rule 5101:9-6-08 of the Administrative Code.

(E) In accordance with 45 C.F.R. 263.13, as in effect April 12, 1999, a state may not spend more than fifteen per cent of federal TANF funds on administrative costs. The term "administrative costs'' as defined in 45 C.F.R. 263.0, as in effect April 12, 1999, means costs necessary for the proper administration of the TANF program or separate state programs. Activities related to the general administration and coordination of these programs, including contract costs and costs of overhead shall be properly charged against this allocation and include the following:

(1) Salaries and benefits of staff performing administrative and coordination functions;

(2) Costs associated with eligibility determination activities;

(3) Preparation of program plans, budgets, reports and schedules, and the monitoring of program and projects;

(4) Fraud and abuse units;

(5) Services related to accounting, litigation, audits, management property, payroll, personnel, procurement, and public relations;

(6) Costs of goods and services and travel costs required for official business and the administration of the program unless excluded under paragraph (A) of this rule; and,

(7) Management information systems not related to the tracking and monitoring of the program.

(F) Federal regulations exclude expenditures on information technology and computerization needed for tracking and monitoring required for, or under, Title IV-A of the Social Security Act of 1935, as amended, from the fifteen per cent cap.

(1) This exclusion covers the costs for salaries and benefits of staff who develop, maintain, support or operate the portions of information technology or computer systems used for the tracking and monitoring.

(2) The exclusion also covers the costs of contracts for development, maintenance, support, or operation of those portions of information technology or computer systems used for the tracking or monitoring.

(G) The federal TANF definition of "administrative costs'' specifically excludes the direct costs associated with activities and contracts that provide program services. Costs associated with TANF administration shall not be charged to the TANF regular allocation as contained in rule 5101:9-6-08 of the Administrative Code.

(H) The CDJFS claims administrative costs through the random moment sample (RMS) process as described in rule 5101:9-7-20 of the Administrative Code. The CDJFS reports direct expenditures described in rule 5101:9-7-29 of the Administrative Code.

(I) The CDJFS may request to transfer available TANF administration funding to the TANF regular allocation to be used as described in paragraphs (G) and (H) of rule 5101:9-6-08 of the Administrative Code.

(J) Allocation redistribution is available pursuant to rule 5101:9-6-02 of the Administrative Code. The definitions, requirements, and responsibilities contained in rule 5101:9-6-50 of the Administrative Code are applicable to this rule.

Last updated November 24, 2025 at 9:18 AM

History

Effective: March 20, 2023
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-6-08.13 Temporary assistance for needy families (TANF) work expense allowance allocation (TWA).

(A) The Ohio department of job and family services (ODJFS) issues the TWA allocation to cover TWA expenses paid to a TANF recipient through the Ohio benefit (OB) system by the county department of job and family services (CDJFS).

(B) The TWA allocation amount is a deduction from the TANF Regular allocation as outlined in rule 5101:9-6-08 of the Administrative Code.

(C) The initial TWA allocation is based on the greater of the average of the CDJFS last two years reported work allowance expenses or the total of the CDJFS's last four completed quarters' reported expenses.

(D) The TWA allocation can be adjusted as follows:

(1) Every quarter ODJFS reduces the CDJFS's TWA allocation by the reported OB TANF work allowance expenses.

(2) When there is not sufficient TWA allocation to cover TWA expenses, ODJFS moves additional TANF regular allocation to the TWA allocation.

(3) During a federal fiscal year, a CDJFS may move TANF regular allocation to TWA.

(4) After the final TWA expense OB report is received by ODJFS and there is more TWA allocation than reported expenses, ODJFS moves the remaining TWA allocation to the TANF regular allocation.

(E) The definitions, requirements, and responsibilities contained in rule 5101:9-6-50 of the Administrative Code are applicable to this rule.

Last updated November 24, 2025 at 9:18 AM

History

Effective: May 15, 2023
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-6-09 Food assistance employment and training (FAET) allocation.

(A) The supplemental nutrition assistance program (SNAP) employment and training grant reimburses the county department of job and family services (CDJFS) for costs associated with ensuring compliance with federal SNAP regulations. The Ohio department of job and family services (ODJFS) distributes this grant to each CDJFS through a FAET allocation.

(B) ODJFS issues the FAET allocation on a federal fiscal year (FFY) basis. The FAET allocation ends and liquidates the last quarter of the federal fiscal year (FFY).

(C) The FAET allocation consists of one hundred per cent federal funds. This allocation is under the authority of 7 C.F.R. parts 272 and 273 promulgated by the United States department of agriculture. The assistance listing number (ALN), formerly known as catalog of federal domestic assistance (CFDA) number for this allocation is 10.561.

(D) The following methodology is used to distribute available funds for this allocation.

(1) Thirty per cent is based on county population less than one hundred per cent of the federal poverty level utilizing the most recent calendar year (CY) data from the United States bureau of census.

(2) Thirty per cent is based on county population less than two hundred per cent of the federal poverty level utilizing the most recently available CY data from the United States bureau of census.

(3) Thirty per cent is based upon the county's adjusted recipients. The number of adjusted recipients is equal to the total of the categories of non-public assistance food assistance recipients, disability financial assistance (DFA) recipients and disability medical assistance (DMA) recipients, adult medicaid recipients, healthy start recipients, children health insurance program (CHIP) recipients, temporary assistance for needy families (TANF) related medicaid recipients, and TANF recipients.

(4) Five per cent is based upon the county's average unemployment rate as compared statewide in the same category, utilizing the most recently available report month.

(5) Five per cent is based upon the county's poverty rate. A county's poverty rate is identified as the percentage of the county's population living at or below the federal poverty level.

(E) Upon completion of the steps in paragraph (D) of this rule, a 0.3 per cent adjusting factor is used to increase or decrease the allocation based upon the county difference to the statewide average per capita income. ODJFS will calculate the applied adjustment as follows:

(1) Counties with a higher per capita income than the statewide average will receive the adjustment as a decrease; and

(2) Counties with a lower per capita income than the statewide average will receive the adjustment as an increase.

(F) ODJFS caps the formula-calculated allocation amounts at a four per cent increase and decrease from the previous FFY. If a decrease or increase in the statewide amount results in counties' allocations fluctuating more than four per cent, ODJFS will not apply the formula, but will decrease or increase each county's previous FFY allocation by the percentage of change to the statewide amount.

(G) Expenditures that may be properly charged against this allocation include administrative, direct delivery, contracted, and purchased services costs for the FAET program as detailed in rules 5101:4-3-29 to 5101:4-3-38 of the Administrative Code.

(H) Allocation redistribution is pursuant to rule 5101:9-6-02 of the Administrative Code.

(I) A CDJFS may redistribute excess expenditures of the FAET allocation by the following:

(1) A financial coding adjustment which allocates fifty per cent to the FAET operating allocation and fifty per cent to the income maintenance allocation as outlined in rule 5101:9-6-05 of the Administrative Code, and/or;

(2) A post allocated adjustment to the child, family and community protective services allocation as outlined in rule 5101:9-6-12.4 of the Administrative Code.

(J) CDJFS expenditures must be reported on the JFS 02827 "Public Assistance Quarterly Financial Statement" as described in rule 5101:9-7-29 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.

Last updated October 22, 2021 at 8:31 AM

History

Effective: October 22, 2021
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-6-09.1 Food and nutrition services state exchange.

(A) The Ohio department of job and family services (ODJFS) issues funding to select county departments of job and family services (CDJFS) for reimbursement of approved costs associated with travel expenses for United States department of agriculture (USDA) FNS meetings, insight trips and conferences that requires out of state travel.

(B) FNS state exchange funding consists of one hundred per cent federal funding from the USDA FNS state exchange grant.

(D) FNS state exchange activities

FNS state exchange does not cover expenses for in-state travel.

The CDJFS may submit the following staff travel expenses for reimbursement for attending any of the following conferences and/or meetings:

(1) FNS approved supplemental nutrition assistance program (SNAP) conferences;

(2) FNS approved meetings;

(3) FNS approved insight trips; and

(4) Any other FNS approved out of state travel.

(E) Reimbursement

(1) ODJFS office of family assistance (OFA) notifies all CDJFS identified as eligible for full or partial reimbursement. After such notification, the CDJFS submits estimated travel expenses to the designated FNS steering committee member thirty days prior to any travel, or within seven days if thirty days is not available.

(2) The CDJFS submits requests for reimbursement through the designated FNS steering committee member no later than fifteen days after the travel has been completed for approval or denial. The designated steering committee member submits approved estimates to FNS and FNS authorizes a state exchange grant for all approved amounts.

(3) Once FNS approves the estimate and authorizes the funding the CDJFS submits documentation of eligible expenditures (i.e., copies of receipts, etc.) to OFA for approval.

(4) Upon approval, ODJFS issues an allocation making the funds available to the CDJFS.

(F) The CDJFS reports expenditures as described in rule 5101:9-7-29 of the Administrative Code.

(G) The definitions, requirements, and responsibilities contained in rule 5101:9-6-50 of the Administrative Code are applicable to this rule.

Last updated July 28, 2025 at 8:08 AM

History

Effective: July 28, 2025
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-6-09.3 Food assistance employment and training (FAET) operating allocation.

(A) The Ohio department of job and family services (ODJFS) issues the FAET operating allocation to reimburse the county department of job and family services (CDJFS) for FAET related expenses once a county has exhausted the regular FAET funding outlined in rule 5101:9-6-09 of the Administrative Code.

(B) ODJFS issues the FAET operating allocation on a federal fiscal year (FFY) basis. The FAET operating allocation ends and liquidates the last quarter of the federal fiscal year (FFY).

(C) The FAET operating allocation consists of fifty per cent federal funding and requires a fifty per cent state/ local match. The assistance listing number (ALN), formerly known as catalogue of federal domestic assistance (CFDA) number for the federal portion of this allocation is 10.561.

(D) ODJFS distributes the FAET operating allocation utilizing the same methodology utilized for the regular FAET allocation as outlined in rule 5101:9-6-09 of the Administrative Code.

(E) The CDJFS may move excess expenditures from the FAET allocation as outlined in paragraph (I) of rule 5101:9-6-09 of the Administrative Code to the FAET operating allocation by:

(1) A financial coding adjustment which allocates fifty per cent to the FAET operating allocation and fifty per cent to the income maintenance (IM) allocation as outlined in rule 5101:9-6-05 of the Administrative Code.

(2) A post allocated adjustment to the child, family and community protective services allocation as outlined in rule 5101:9-6-12.4 of the Administrative Code.

(F) CDJFS expenditures must be reported as described in rule 5101:9-7-29 of the Administrative Code.

(G) The definitions, requirements, and responsibilities contained in rule 5101:9-6-50 of the Administrative Code are applicable to this rule.

Last updated October 22, 2021 at 8:31 AM

History

Effective: October 22, 2021
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-6-09.4 Food assistance employment and training (FAET) participant allowance allocation.

(A) The Ohio department of job and family services (ODJFS) issues the FAET participant allowance allocation to reimburse the county job and family services (CDJFS) for eligible expenditures incurred by recipients participating in the FAET program as outlined in rule 5101:4-3-32 of the Administrative Code.

(B) ODJFS issues the FAET participant allowance allocation on a federal fiscal year (FFY) basis. ODJFS will communicate the funding and liquidation periods for this allocation through the county finance information system (CFIS). The CDJFS must expend funds by the end of the funding period and disburse and report expenditures no later than the end of the liquidation period.

(C) The FAET participant allowance allocation consists of fifty per cent state and fifty per cent federal funds. The assistance listing number (ALN) for the federal portion of this allocation is 10.561.

(D) ODJFS distributes the FAET participant allowance allocation utilizing the same methodology utilized for the regular FAET allocation outlined in rule 5101:9-6-09 of the Administrative Code.

(E) The total FAET participant allowance allocation covers expenditures reported in:

(1) CFIS and;

(2) Ohio benefits (OB).

(F) The CDJFS shall reimburse ODJFS for expenditures in excess of their total available FAET participant allowance allocation.

(G) The CDJFS must report participant allowance expenses not captured in OB on the JFS 02827 "Public Assistance Quarterly Financial Statement" as described in rule 5101:9-7-29 of the Administrative Code. The following are allowable activities for the FAET participant allowance:

(1) Transportation (bus passes, mileage reimbursement, transportation contracts with taxi/transportation companies);

(2) Tuition/fees, training materials, books, registration fees;

(3) Clothing for job interviews, uniforms;

(4) Licensing/bonding fees, fingerprinting, background checks; and

(5) Other services that are necessary for FAET participation.

(H) FAET participant allowance expenses are not eligible for reimbursement using regular FAET or FAET operating funding as outlined in rule 5101:9-6-09 or 5101:9-6-09.3 of the Administrative Code.

(I) The definitions, requirements, and responsibilities contained in rule 5101:9-6-50 of the Administrative Code are applicable to this rule.

Last updated June 23, 2023 at 8:14 AM

History

Effective: June 23, 2023
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-6-10 State social services operating allocation.

(A) The Ohio department of job and family services (ODJFS) issues the state SSO allocation to the county department of job and family services (CDJFS) for expenditures incurred in the operation of social services programs.

(B) This allocation consists of one hundred per cent state funds.

(C) ODJFS issues this allocation on a state fiscal year (SFY) basis. ODJFS will communicate the period of performance and liquidation period for this allocation through the county finance information system (CFIS). The CDJFS must expend funds by the end of the funding period and disburse and report expenditures no later than the end of the liquidation period.

(D) ODJFS utilizes the following methodology to distribute available funds for this allocation.

(1) When the statewide allocation is within four per cent of the final amount distributed in the preceding year, ODJFS uses the formula in this paragraph to determine each county department of job and family services (CDJFS) share. ODJFS caps increases and decreases in each county's allocation amount at four per cent of the county's preceding year's allocation. ODJFS proportionately distributes county increases of more than four per cent to counties experiencing more than a four per cent decrease. The formula for determining how to allocate the statewide allocation is as follows:

(a) Fifty per cent is based on the county's population at or below one hundred fifty per cent of the federal poverty level as compared statewide in the same category.

(b) Twenty per cent is based on the county's population at or below eighteen years of age and at or below two hundred per cent of the federal poverty level as compared statewide in the corresponding categories.

(c) Twenty per cent is based on the county's population at or over fifty-five years of age and at or below two hundred per cent of the federal poverty level as compared statewide in the corresponding categories.

(d) Ten per cent is based on the county's average unemployment rate as compared to the average unemployment rate for all eligible counties, utilizing figures from ODJFS for the most recently available federal fiscal year (FFY).

(2) When there is more than a four per cent increase or decrease in the statewide allocation amount, each county's preceding SFY allocation will be increased or decreased by the percentage of change to the statewide allocation amount.

(E) The CDJFS may utilize the social services operating allocation as follows:

(1) The CDJFS may claim expenditures against this allocation for any direct or purchased services costs as defined in the "State of Ohio Comprehensive Title XX Social Services Plan" and specifically included in the county's title XX county profile; and

(2) The CDJFS may elect to transfer a portion of its state social services operating allocation to the county's family and children first council via transfer to a flexible funding pool, as outlined in Section 337.160 of Amended Substitute House Bill 110 of the 134th General Assembly, using the codes established by ODJFS for this purpose.

(F) A CDJFS may move any social services operating expenditures as follows:

(1) The CDJFS may move expenditures to the federal social services allocation as detailed in rule 5101:9-6-12 of the Administrative Code.

(2) The CDJFS may move excess expenditures to the child, family, and community protective services allocation as detailed in rule 5101:9-6-12.4 of the Administrative Code.

(G) The CDJFS shall report expenditures as described in rule 5101:9-7-29 of the Administrative Code.

(H) Allocation redistribution procedures are contained in rule 5101:9-6-02 of the Administrative Code. The definitions, requirements, and responsibilities contained in rule 5101:9-6-50 of the Administrative Code are applicable to this rule.

Last updated December 7, 2021 at 10:54 AM

History

Effective: December 7, 2021
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-6-11 Child care non-administration funding allocation.

(A) The Ohio department of job and family services (ODJFS) allocates funding to the county department of job and family services (CDJFS) for the non-administration operating costs of providing publicly funded child care.

(B) This allocation consists of federal funds. The assistance listing number (ALN) for this allocation is 93.575.

(C) ODJFS issues this allocation on a federal fiscal year (FFY) basis. ODJFS will communicate the funding and liquidation periods through the county finance information system (CFIS). The CDJFS shall expend funds by the end of the funding period and disburse and report expenditures no later than the end of the liquidation period.

(D) ODJFS utilizes the following methodology to distribute available funds for this allocation:

(1) ODJFS allocates thirty per cent of the statewide allocation based on each county's population of children from birth to fourteen years of age that are at or below one hundred per cent of the federal poverty level as compared to the statewide total population of children in the same category, utilizing the most recent available U.S. bureau of census figures.

(2) ODJFS allocates thirty per cent of the statewide allocation based on each county's number of temporary assistance for needy families (TANF) children from birth to fourteen years of age as compared to the statewide total number of children in the same category, utilizing the most recent available state fiscal year (SFY) data from Ohio benefits (OB).

(3) ODJFS allocates thirty per cent of the statewide allocation based on each county's number of children determined eligible for publicly funded child care as compared to the statewide total number of children in the same category, utilizing the most recent available SFY data from the OB system.

(4) ODJFS allocates ten per cent of the statewide allocation based on each county's number of licensed type B homes as compared to the statewide total in the same category, utilizing the most recent available SFY data from the OB system.

(E) The CDJFS may report the following allowable child care related expenditures:

(1) Shared costs (as allocated in accordance with the ODJFS cost allocation plan);

(2) Establishment and maintenance of computerized childcare information systems;

(3) Establishment and operation of a certificate program;

(4) Eligibility determination and re-determination;

(5) Preparation / participation in judicial hearings;

(6) Child care placement;

(7) Recruitment, licensing, inspection of child care providers;

(8) Training for lead agency or sub-recipient staff on billing and claims processes associated with the subsidy program;

(9) Reviews and supervision of child care placements;

(10) Activities associated with payment rate setting;

(11) Resource and referral services; and

(12) Training for child care staff.

(F) The CDJFS claims non-administration employee costs through the random moment sample (RMS) process as described in rule 5101:9-7-20 of the Administrative Code. The CDJFS reports direct expenditures as described in rule 5101:9-7-29 of the Administrative Code.

(G) The CDJFS may request to transfer available child care administration funding to the child care non-administration allocation to be used as stated in paragraph (E) of this rule. The CDJFS shall use the budget request function in CFIS to request the transfer of funding and shall be received by ODJFS no later than the last day of the liquidation period.

(H) A CDJFS may also move any excess child care non-administration expenditures as follows:

(1) The CDJFS may move excess expenditures associated with child care eligibility determinations and other direct expenditures identified as TANF administrative activities as defined in rule 5101:9-6-08.8 of the Administrative Code, to the TANF administration allocation; or,

(2) The CDJFS may move excess expenditures associated with activities categorized as non-administration, as described in rule 5101:9-6-08 of the Administrative Code to the TANF regular allocation.

(I) Allocation redistribution is pursuant to rule 5101:9-6-02 of the Administrative Code. The definitions, requirements, and responsibilities contained in rule 5101:9-6-50 of the Administrative Code are applicable to this rule.

Last updated October 5, 2022 at 8:20 AM

History

Effective: October 5, 2022
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-6-11.2 Child care administration allocation.

(A) The Ohio department of job and family services (ODJFS) allocates funding to the county department of job and services (CDJFS) for the administrative costs of providing publicly funded child care.

(B) The assistance listing number (ALN) for this allocation is 93.575.

(C) ODJFS issues this allocation on a federal fiscal year (FFY) basis. ODJFS communicates the funding and liquidation periods through the county finance information system (CFIS). The CDJFS must expend funds by the end of the funding period and disburse and report expenditures no later than the end of the liquidation period.

(D) ODJFS issues available funds for this allocation using the same methodology as contained in paragraph (D) of rule 5101:9-6-11 of the Administrative Code.

(E) The term "administrative costs'' means costs necessary for the proper administration of the child care program in accordance with 45 C.F.R. 98.54 (September 30, 2016). These activities may include:

(1) Salaries and related costs of staff engaged in administration and implementation of the program;

(2) Travel costs incurred for official business in carrying out the program;

(3) Administrative services, including accounting services performed by grantees or subgrantees or under agreements with third parties and;

(4) Indirect administrative costs associated with providing program services, such as costs for supplies, equipment, travel, postage, utilities, rental and maintenance of office space associated with child care administration and child care non-administration, in accordance with the ODJFS cost allocation plan;

(F) The CDJFS direct charges contract costs related to the general administration and coordination of the programs to this allocation. The CDJFS claims administrative costs through the random moment sample (RMS) process as described in rule 5101:9-7-20 of the Administrative Code. The CDJFS reports direct expenditures as described in rule 5101:9-7-29 of the Administrative Code.

(G) The CDJFS may request to transfer available child care administration funding to the child care non-administration allocation to be used as stated in paragraph (E) of rule 5101:9-6-11 of the Administrative Code.

(H) The CDJFS may apply child care administrative expenditures in excess of the child care administration allocation to TANF administration funding as outlined in rule 5101:9-6-08.8 of the Administrative Code.

Last updated October 5, 2022 at 8:20 AM

History

Effective: October 5, 2022
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-6-12 Title XX federal social services allocation.

(A) The Ohio department of job and family services (ODJFS) issues the social services block grant (SSBG) Title XX federal social services allocation to the county department of job and family services (CDJFS) for expenditures incurred in the operation of social services programs.

(B) County agencies use the Title XX federal social services allocation(s) to fund activities that align with the goals of SSBG. These goals include promoting self-sufficiency, protecting individuals from abuse or neglect, and preventing inappropriate institutionalization. These goals guide how Ohio allocates SSBG funds to support vulnerable populations. This allocation consists of federal funds issued under Title XX of the Social Security Act. The catalog of federal domestic assistance (CFDA) number for this allocation is 93.667.

(C) ODJFS issues this allocation on a federal fiscal year (FFY) basis. ODJFS will communicate the funding period and liquidation period for this allocation through the county finance information system (CFIS). The CDJFS can disburse and report financial transactions incurred during the funding period no later than the end of the liquidation period.

(D) Methodology

ODJFS uses the following methodology to distribute available funds for this allocation.

(1) When the statewide allocation is the same as the preceding year, or has a decrease less than four per cent, ODJFS calculates each county allocation amount by applying the formula listed in paragraph (D)(4) of this rule. ODJFS caps increases and decreases in each county's allocation amount at four per cent of the county's preceding year's allocation. ODJFS proportionately distributes county increases of more than four per cent to counties experiencing more than a four per cent decrease.

(2) When the statewide allocation amount increases from the preceding year:

(a) First, ODJFS distributes to each CDJFS the same allocation amount received in the preceding year.

(b) Once the distribution of initial allocation amounts is complete, ODJFS distributes the statewide increase to the CDJFS by applying the formula listed in paragraph (D)(4) of this rule.

(3) When there is more than a four per cent decrease in the statewide allocation amount from the preceding year, ODJFS does not apply the formula in paragraph (D)(4) of this rule, but decreases each CDJFS's preceding SFY allocation by the percentage of change to the statewide allocation amount.

(4) The formula is as follows:

(a) ODJFS distributes five per cent of the statewide allocation to each CDJFS based on each county's population.

(b) ODJFS distributes five per cent of the statewide allocation to the CDJFS based on each county's property tax wealth factors, as measured by the total of the most recent real estate, public utility, and tangible personal property tax values reported by the Ohio department of taxation and as inversely compared statewide.

(i) Fifty per cent is based on the county's population at or below one hundred fifty per cent of the federal poverty level as compared statewide in the same category.

(ii) Twenty per cent is based on the county's population at or below eighteen years of age and at or below two hundred per cent of the federal poverty level as compared statewide in the corresponding categories.

(iii) Twenty per cent is based on the county's population at or over fifty-five years of age and at or below the two hundred per cent of the federal poverty level as compared statewide in the corresponding categories.

(iv) Ten per cent is based on the county's average unemployment rate as compared to the average unemployment rate for all eligible counties, utilizing figures from the ODJFS for the most recently available FFY.

(E) The CDJFS may claim expenditures against this allocation for any administrative, direct or purchased services and the non-allocated costs as it relates to Title XX reporting. These costs are as defined in the "State of Ohio Comprehensive Title XX Social Services Plan" and specifically included in the county's "Title XX County Profile."

(F) County agency expenditures must be reported as described in rule 5101:9-7-29 of the Administrative Code.

(G) A CDJFS may move any Title XX expenditures as follows:

(1) The CDJFS may move expenditures to the social services operating allocation.

(2) The CDJFS may move excess expenditures associated with programs and services to children and/or their families whose income is less than two hundred per cent of the federal poverty level to the Title XX TANF transfer allocation. Programs and services must be included in the county Title XX profile.

(3) The CDJFS may move excess expenditures associated with the delivery of protective services to adults age sixty and over to the APS allocation.

(H) Allocation redistribution is pursuant to rule 5101:9-6-02 of the Administrative Code. The definitions, requirements, and responsibilities contained in rule 5101:9-6-50 of the Administrative Code are applicable to this rule.

Last updated June 6, 2025 at 1:29 PM

History

Effective: June 5, 2025
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-6-12.1 Title XX temporary assistance for needy families (TANF) transfer allocation.

(A) The Ohio department of job and family services (ODJFS) issues the Title XX TANF transfer allocation to the county department of job and family services (CDJFS) to support programs and services to children and/or their families whose income is less than two hundred per cent of the federal poverty level (FPL).

(B) ODJFS issues this allocation on a federal fiscal year (FFY) basis. ODJFS communicates the funding period and liquidation period for this allocation through the county finance information system (CFIS). The CDJFS can disburse and report financial transactions incurred during the funding period no later than the end of the liquidation period.

(C) The Title XX TANF transfer allocation consists of one hundred per cent federal funds. The originating catalog of federal domestic assistance (CFDA) number for this allocation is 93.558. In accordance with CFDA number 93.558, expenditures for money transferred out of TANF and into Title XX are considered as expenditures for the Title XX program and reported under CDFA number 93.667.

(D) Methodology

ODJFS uses the following methodology to distribute the Title XX TANF transfer allocation.

(1) When the statewide allocation is the same as the preceding year, or has a decrease of less than four per cent, ODJFS calculates each county allocation amount by applying the formula listed in paragraph (D)(4) of this rule. ODJFS caps increases and decreases in each county's Title XX TANF transfer allocation at four per cent of the county's preceding year's allocation. ODJFS proportionately distributes county increases of more than four per cent to counties experiencing more than a four per cent decrease.

(2) When the statewide allocation amount increases from the preceding year:

(a) ODJFS distributes to each CDJFS the same allocation amount received in the preceding year.

(b) Once the distribution of initial allocation amounts is complete, ODJFS distributes the state wide increase amount to the CDJFS by applying the formula listed in paragraph (D)(4) of this rule.

(3) When there is more than a four per cent decrease in the statewide allocation amount from the preceding year, ODJFS does not apply the formula in paragraph (D)(4) of this rule, but decreases each CDJFS's preceding grant by the percentage of change to the statewide allocation amount.

(4) The formula is as follows:

(a) ODJFS distributes five per cent of the statewide allocation to each CDJFS based on each county's population.

(i) Fifty per cent is based on the county's population at or below one hundred fifty per cent of the federal poverty level as compared statewide in the same category.

(ii) Forty per cent is based on the county's population at or below eighteen years of age and at or below two hundred per cent of the federal poverty level as compared statewide in the corresponding categories.

(iii) Ten per cent is based on the county's average unemployment rate as compared to the average unemployment rate for all eligible counties, utilizing figures from the ODJFS for the most recently available federal fiscal year (FFY).

(E) The CDJFS may move eligible expenditures as follows:

(1) The CDJFS may move eligible expenditures to the Title XX federal social services allocation as detailed in rule 5101:9-6-12 of the Administrative Code.

(2) The CDJFS may move eligible expenditures to the state social services operating allocation as detailed in rule 5101:9-6-10 of the Administrative Code.

(3) The CDJFS may move eligible expenditures associated with allowable TANF services for children and/or families whose income is less than two hundred per cent of the federal poverty level to the TANF regular or TANF administrative allocation as detailed in rules 5101:9-6-08 and 5101:9-6-08.8 of the Administrative Code.

(4) Any excess expenditures remaining after paragraphs (E)(1) to (E) (3) of this rule are the responsibility of the county agency.

(F) A CDJFS may elect to use all or a portion of these funds as regular TANF funding. A CDJFS shall use the CFIS budget transfer process to request the transfer of funding. The request for each fiscal year must be submitted by January eighteenth.

(G) Allocation redistribution procedures are contained in rule 5101:9-6-02 of the Administrative Code. The definitions, requirements, and responsibilities contained in rule 5101:9-6-50 of the Administrative Code are applicable to this rule.

Last updated June 30, 2025 at 7:47 AM

History

Effective: June 30, 2025
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-6-12.4 Child, family, and community protective services allocation.

(A) The Ohio department of job and family services (ODJFS) issues the child, family, and community protective services allocation to provide funding to the county department of job and family services agencies (CDJFS) to enhance the administration of family and social services duties. Each CDJFS shall use the funds in accordance with the written plan of cooperation between the board of county commissioners (BOCC), the CDJFS and the workforce development (WFD) agency as required in section 307.983 of the Revised Code.

(B) The child, family, and community protective services allocation consists of one hundred per cent state funds issued for the state fiscal year (SFY), July first through June thirtieth. All expenditures incurred during the SFY must be liquidated no later than the end of the three-month liquidation period of July first to September thirtieth.

ODJFS distributes five per cent of the child, family, and community protective services allocation to each CDJFS based on county population. ODJFS also distributes five per cent of the allocation to each CDJFS based on each county's property tax wealth factors, as measured by the total of the most recent real estate, public utility, and tangible personal property tax values reported by the Ohio department of taxation and as inversely compared statewide.

(1) The remaining ninety per cent of the allocated amount will be distributed as follows:

(a) Fifty per cent is based on the county's population at or below one hundred fifty per cent of the federal poverty level as compared statewide in the same category;

Population figures are based upon the most recently available United States bureau of census data.

(2) When there is more than a four per cent decrease in the statewide allocation amount from the preceding year, ODJFS does not apply the formula in paragraphs (C) and (C)(1) of this rule, but decreases each CDJFS's preceding SFY allocation by the percentage of change to the statewide allocation amount.

(3) When the statewide allocation is the same as the preceding year, county allocation amounts are calculated by applying the formula listed in paragraphs (C) and (C)(1) of this rule. ODJFS caps increases and decreases in each county's allocation at four per cent of the county's preceding year's allocation amount. ODJFS proportionately distributes county increases of more than four per cent to counties experiencing more than a four per cent decrease.

(4) When the statewide allocation amount increases from the preceding year:

(a) First, ODJFS distributes to each CDJFS the same allocation amount received in the preceding year.

(b) Once the distribution of initial allocation amounts is complete, ODJFS distributes the statewide increase to the CDJFS by applying the formula listed in paragraph (C)(1) of this rule.

(D) The CDJFS shall utilize the child, family, and community protective services allocation for any of the following purposes, or may use the funding as state or local match for costs associated with these purposes.

(1) To assist individuals to achieve or maintain self-sufficiency, including by reducing or preventing dependency among individuals with family income not exceeding two hundred per cent of the federal poverty guidelines;

(2) To provide outreach and referral services regarding home and community-based services to individuals at risk of placement in a group home or institution, regardless of the individual's family income and without need for a written application;

(3) To provide outreach, referral, application assistance, and other services to assist individuals to receive assistance, benefits, or services under medicaid; Title IV-A programs, as defined in section 5101.80 of the Revised Code; food assistance issued under the supplemental nutrition assistance program (SNAP); and other public assistance (PA) programs;

(4) To provide protective services to a child or adult as part of a response to a report of abuse, neglect, or exploitation without regard to income or need for a written application, including through the differential response program developed under Section 309.50.10 of Amended House Bill 64 of the 131st General Assembly.

(E) A combined CDJFS may use all or a portion of its allocation to support its child support enforcement agency (CSEA) or public children services agency (PCSA) activities. A CDJFS may also provide all, or a portion of, its allocation to a stand alone CSEA or PCSA through an interagency agreement. County agencies shall use the funding to provide services for any of the purposes listed in paragraph (D) of this rule.

(F) A CDJFS may also elect to transfer all or a portion of its community and protective services allocation to the county's family and children first council via transfer to a flexible funding pool, using the codes established by ODJFS for this purpose.

(G) County family services agencies must report expenditures as described in rule 5101:9-7-29 of the Administrative Code.

(H) The definitions, requirements, and responsibilities contained in rule 5101:9-6-50 of the Administrative Code are applicable to this rule.

Last updated May 23, 2025 at 1:51 PM

History

Effective: May 16, 2020
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-6-13 Disaster related prevention, retention and contingency (PRC) assistance funding.

(A) In the event a disaster or state of emergency is declared by the governor, the Ohio department of job and family services (ODJFS) may provide supplemental funding to the county department of job and family services (CDJFS) based on availability for disaster-related PRC assistance and services through the PRC program.

(B) The funding source for the disaster relief PRC assistance allocation is the federal temporary assistance for needy families (TANF) block grant. The assistance listing number (ALN) is 93.558. These funds are in addition to the county's current TANF regular allocation as outlined in rule 5101:9-6-08 of the Administrative Code.

(C) The CDJFS may be required to amend or revise the county PRC plan to access these additional funds if the current plan does not reflect the inclusion of disaster assistance procedures. In order to qualify for PRC services, there are certain conditions that must be met, including evidence of economic need. It is recommended that counties adopt two hundred per cent of the federal poverty level (FPL). There may be instances where a standard of need that exceeds two hundred per cent of the FPL might be appropriate, but such a determination should be accompanied by a logical explanation or justification explaining why the selected standard of need is appropriate and reasonable in those circumstances.

(D) ODJFS makes funds available only to those CDJFS in counties that have been declared to be under a state of emergency by the governor. ODJFS will communicate the time limits for this allocation through the county finance information system (CFIS).

(E) ODJFS issues disaster PRC assistance funding only for declared disaster or state of emergency situations such as hurricanes, tornadoes, storms, floods, high water, wind-driven water, tidal waves, earthquakes, droughts, blizzards, pestilence, famine, fire, explosion, building collapse, transportation wreck, or any other situation which may cause human suffering or creates human needs which victims cannot alleviate without assistance.

The CDJFS shall only claim expenditures to this TANF allocation for nonrecurring, time-limited emergency disaster relief efforts for eligible PRC families. Recipients must reside in one of the counties declared under a state of emergency, and must have been adversely affected by the emergency condition.

(F) The CDJFS shall report expenditures as described in rule 5101:9-7-29 of the Administrative Code.

(G) The definitions, requirements and responsibilities contained in rule 5101:9-6-50 of the Administrative Code are applicable to this rule.

Last updated June 5, 2023 at 8:33 AM

History

Effective: June 5, 2023
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-6-14 Adult protective services (APS) allocation.

(A) The Ohio department of job and family services (ODJFS) issues the APS allocation to reimburse the county for the delivery of protective services to adults age sixty and over.

(B) This allocation consists of one hundred per cent state funds subject to approval by the general assembly.

(C) ODJFS issues this allocation for the state fiscal year (SFY), July first through June thirtieth with a three-month liquidation period of July first to September thirtieth.

(D) ODJFS will distribute a base amount to each county department of job and family services (CDJFS) for the administration of the adult protective services APS program. Where a CDJFS encompasses multiple counties, each CDJFS will receive the base amount for each county represented under the CDJFS. The remainder of the statewide allocation, minus the base amount, will be provided to counties in accordance with the formula established in section 5101.14 of the Revised Code as follows:

(1) If the amount of available funds is equal to the amount appropriated for the immediately preceding fiscal year, each county shall receive an amount equal to the amount it received in the immediately preceding fiscal year exclusive of any releases from or additions to the allocation or any sanctions.

(2) If the amount of available funds is less than the amount initially appropriated for the immediately preceding fiscal year, each county shall receive an amount equal to the percentage of funding it received in the immediately preceding fiscal year, exclusive of any releases from or additions to the allocation or any sanctions.

(3) If the amount of available funds is more than the amount initially appropriated for the immediately preceding fiscal year, each county shall receive an amount equal to the amount it received in the preceding year as a base allocation. ODJFS will allocate the amount exceeding the amount initially appropriated in the immediately preceding fiscal year as follows:

(a) Twelve per cent is divided equally among all counties.

(b) Forty-eight per cent is distributed based on the total number of county residents age sixty or older as compared to the total statewide residents under the age of sixty or older for the most recent calendar year available.

(c) Forty per cent is distributed based on the number of county residents with incomes under the federal poverty level as compared to the statewide total of residents with incomes under the federal poverty level for the most recent calendar year available.

(E) Expenditures

The county may charge the following expenditures against this allocation:

(1) APS allowable expenditures under Title XX of the Social Security Act, 88 Stat. 2337 (1974), 42 U.S.C.A. 1397, as amended for individuals age sixty or over as listed in the county social services plan/profile.

(2) Non-Title XX APS expenditures for individuals age sixty or over as contained in Chapter 5101:2-20 of the Administrative Code.

(3) APS allowable expenditures under Title XX for individuals age sixty or over but not listed in the county social services plan/profile.

(F) Reporting

County agencies report expenditures as outlined in rule 5101:9-7-29 of the Administrative Code. Contract or vendor agreement purchased service expenditures must be liquidated and reported as actual expenditures no later than three months after the last day of the SFY allocation period.

(G) Redistribution of excess expenditures

ODJFS follows the redistribution process for excess expenditures as outlined in rule 5101:9-6-02 of the Administrative Code. In addition, ODJFS takes the following steps to recognize allowable Title XX expenditures, which are contained in the county social services plan/profile, in excess of the county's allocation:

(1) The CDJFS may move allowable Title XX expenditures remaining, which are included in the county social services plan/profile, to the federal social services allocation as detailed in rule 5101:9-6-12 of the Administrative Code or to the social services operating allocation as detailed in rule 5101:9-6-10 of the Administrative Code.

(2) The CDJFS may move excess expenditures to the child, family, and community protective services allocation as detailed in rule 5101:9-6-12.4 of the Administrative Code.

(3) Any excess expenditures remaining after the completion of the process identified in paragraphs (G)(1) and (G)(2) of this rule are the responsibility of the county agency.

(H) The definitions, requirements, and responsibilities contained in rule 5101:9-6-50 of the Administrative Code are applicable to this rule.

Last updated August 13, 2025 at 7:43 AM

History

Effective: August 11, 2025
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-6-14.1 Adult services and family services (ASFS) training funding.

(A) The Ohio department of job and family services (ODJFS) issues funding to county departments of job and family services (CDJFS) to support the cost of providing adult services and family services (ASFS) training at designated regional training centers (RTCs). This rule does not apply to counties where the RTC receives training funding via an agreement with the ODJFS office of families and children (OFC).

(B) ODJFS issues funding on a federal fiscal year (FFY) basis. The assistance listing number (ALN) for this subsidy is 93.667.

(C) Counties that serve as regional training centers (RTCs) have the responsibility of addressing statewide ASFS needs identified by county staff in the areas served by each RTC. Trainees may include CDJFS and public children services agency (PCSA) staff and community partners who provide ASFS services or perform ASFS duties. RTCs shall work in a collaborative manner to maximize efficiency and available training resources.

(1) Each RTC shall submit a quarterly report to ODJFS and the statewide training coordinator that includes the number of training events offered, the number of participants in attendance, the location of the training event, and the title/course number of the workshop(s) offered.

(2) Each RTC shall submit a quarterly calendar of course offerings to ODJFS and the statewide training coordinator (according to a prescribed schedule) and to OFC in a format designated by ODJFS.

(D) ODJFS issues an operating allocation and a cost of instruction allocation to each RTC to support ASFS training costs.

(1) Operating allocation:

(a) ODJFS issues operating funding to counties that serve as RTCs as a general supplement to the social services allocation. The county serving as a RTC is compensated by operating funding for staffing costs associated with its procurement and provision of ASFS training.

(b) The CDJFS may claim employee costs incurred with the procurement and delivery of ASFS training through the random moment sample (RMS) process as detailed in rule 5101:9-7-20 of the Administrative Code. The county shall not be permitted to direct charge such staffing costs to this funding.

(2) Cost of instruction allocation:

(a) ODJFS issues the cost of instruction funding as a separate allocation. Allowable costs for this allocation include supplies that will be directly consumed in the delivery of training and equipment pre-approved by ODJFS.

(b) The CDJFS shall report expenditures on the JFS 02827 "CFIS Local Agency Quarterly Financial Statement" as described in rule 5101:9-7-29 of the Administrative Code.

(E) The definitions, requirements and responsibilities contained in rule 5101:9-6-50 of the Administrative Code are applicable to this rule.

Last updated July 30, 2025 at 9:19 AM

History

Effective: January 31, 2024
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-6-16.2 Refugee cash and medical assistance allocation.

(A) The Ohio department of job and family services (ODJFS) issues the refugee cash and medical assistance allocation to the county department of job and family services agency (CDJFS) for activities related to the administration, eligibility activities and coordination of the following programs:

(1) Refugee cash assistance (RCA) program as outlined in rule 5101:1-2-40.1 of the Administrative Code; and

(2) Refugee medical assistance (RMA) program as outlined in rule 5160:1-5-05 of the Administrative Code.

(B) This allocation consists of one hundred per cent federal funds. The assistance listing number (ALN) for this allocation is 93.566.

(C) ODJFS issues the refugee cash and medical assistance allocation in accordance with rule 5101:9-6-02 of the Administrative Code.

(D) The CDJFS may charge allowable expenditures against this allocation as follows:

(1) A CDJFS shall capture administrative expenditures through the random moment sample (RMS) process as described in rule 5101:9-7-20 of the Administrative Code.

(2) A CDJFS shall report contracts and purchased services expenditures related to medical transportation for RMA patients using financial codes established for this purpose. The CDJFS shall report expenditures as described in rule 5101:9-7-29 of the Administrative Code.

(E) The funding period and liquidation period for this allocation will be communicated by ODJFS through the county finance information system (CFIS).

(F) The definitions, requirements and responsibilities contained in rule 5101:9-6-50 of the Administrative Code are applicable to this rule.

Last updated January 20, 2022 at 8:50 AM

History

Effective: January 20, 2022
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-6-19 State child protective allocation (SCPA).

(A) The Ohio department of job and family services (ODJFS) issues the SCPA to meet expenses of the children services program, including costs for the care of a child who resides with a caretaker relative and other services a public children services agency (PCSA) considers necessary to protect children from abuse, neglect, or dependency.

(B) This allocation consists of state funds including the funding formerly known as the "Fiesel" allocation. The PCSA shall deposit this allocation in the county's children services fund.

(C) ODJFS issues the SCPA for associated staff costs, goods or services performed for the state fiscal year (SFY), July first through June thirtieth. ODJFS communicates the funding period and liquidation period through the county finance information system (CFIS). The PCSA can incur services through the funding period and disburse and report expenditures no later than the end of the liquidation period. The PCSA shall return funds that are not fully liquidated by September thirtieth to ODJFS during the allocation's grant reconciliation period.

(D) ODJFS uses the following methodology to distribute available funds:

(1) ODJFS allocates a base amount to each PCSA. Where a PCSA encompasses multiple counties, each PCSA will receive the base amount for each county represented under the PCSA.

(2) ODJFS allocates the remaining balance in accordance with section 5101.14 of the Revised Code as follows:

(a) If the amount of available funds is equal to the amount appropriated for the immediately preceding fiscal year, each county shall receive an amount equal to the amount it received in the immediately preceding fiscal year exclusive of any releases from or additions to the allocation or any sanctions.

(b) If the amount of available funds is less than the amount initially appropriated for the immediately preceding fiscal year, each county shall receive an amount equal to the percentage of funding it received in the immediately preceding fiscal year, exclusive of any releases from or additions to the allocation or any sanctions.

(c) If the amount of available funds is more than the amount initially appropriated for the immediately preceding fiscal year, each county shall receive an amount equal to the amount it received in the preceding year as a base allocation. ODJFS will allocate the amount exceeding the amount initially appropriated in the immediately preceding fiscal year as follows:

(i) Twelve per cent is divided equally among all counties.

(ii) Forty-eight per cent is distributed based on the total number of county residents under the age of eighteen as compared to the total statewide residents under the age of eighteen for the most recent calendar year available.

(iii) Forty per cent is distributed based on the number of county residents with incomes under the federal poverty level as compared to the statewide total of residents with incomes under the federal poverty level for the most recent calendar year available.

(E) ODJFS sends an advance of this allocation to the PCSA within thirty days after the beginning of each calendar year quarter.

(F) The PCSA may charge allowable expenditures against this allocation as follows:

(1) A PCSA shall report direct expenditures as described in rule 5101:9-7-29 of the Administrative Code;

(2) A PCSA may claim reimbursement of administrative costs and/or cover state or local match requirements through the social services random moment sample (SSRMS) reconciliation/certification of funds process; or,

(3) A PCSA may also elect to transfer all or a portion of its SCPA to the county's family and children first council via transfer to a flexible funding pool, using codes established by ODJFS.

(G) The definitions, requirements, and responsibilities contained in rule 5101:9-6-50 of the Administrative Code are applicable to this rule.

Last updated September 17, 2021 at 8:27 AM

History

Effective: September 17, 2021
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-6-24 Multi-system youth (MSY) funding.

(A) On behalf of the department of children and youth (DCY), the Ohio department of job and family services (ODJFS) issues multi-system youth (MSY) funding to each public children services agency (PCSA) to:

(1) Prevent parental relinquishment of custody to the PCSA solely for the purpose of a child obtaining needed treatment;

(2) Support the care of children in the custody of a PCSA for congregate care; and

(3) Provide the services and supports necessary to ensure the child's successful transition from a congregate care facility following discharge.

(B) In accordance with House Bill 96 of the 136th General Assembly, DCY, ODJFS, the Ohio departments of behavioral health, developmental disabilities, youth services and medicaid, will work together and use available resources to support the needs of MSY.

(C) This allocation consists of state funds. The PCSA will initially deposit this allocation into the county's children services fund.

(D) ODJFS communicates the funding period and liquidation period through the county finance information system (CFIS). The PCSA can incur services through the funding period and disburse and report expenditures no later than the end of the liquidation period. Expenditures over the allocation amount are the responsibility of the county agency.

(E) Each state fiscal year (SFY),the PCSA will designate a minimum of twelve per cent of its formula-based allocation via transfer to a flexible funding pool using codes established by ODJFS to assist in supporting the local provision of services to families and children.

(F) ODJFS allocates this funding in accordance with section 5180.41 of the Revised Code as follows:

(1) If the amount of available funds is equal to the amount appropriated for the immediately preceding fiscal year, each county will receive an amount equal to the amount it received in the immediately preceding fiscal year exclusive of any releases from or additions to the allocation or any sanctions.

(2) If the amount of available funds is less than the amount initially appropriated for the immediately preceding fiscal year, each county will receive an amount equal to the percentage of funding it received in the immediately preceding fiscal year, exclusive of any releases from or additions to the allocation or any sanctions.

(3) If the amount of available funds is more than the amount initially appropriated for the immediately preceding fiscal year, each county will receive an amount equal to the amount it received in the preceding year as a base allocation. ODJFS will allocate the amount exceeding the amount initially appropriated in the immediately preceding fiscal year as follows:

(a) Twelve per cent is divided equally among all counties.

(b) Forty-eight per cent is distributed based on the total number of county residents under the age of eighteen as compared to the total statewide residents under the age of eighteen for the most recent calendar year available.

(G) Agreements

(1) If a family and children first council (FCFC) opts out prior to an agreement being fully executed, the twelve per cent the FCFC receives is held back until the agreement with DCY is fully executed. These funds will be distributed to the PCSA as a pass through.

(2) If an FCFC opts out after the agreement is fully executed, DCY will work with the FCFC's administrative agent to assist the FCFC in returning the funds. These funds will be disseminated to the remaining FCFCs.

(H) The PCSA will report expenditures as described in rule 5101:9-7-29 of the Administrative Code.

(I) The definitions, requirements, and responsibilities contained in rule 5101:9-6-50 of the Administrative Code are applicable to this rule.

Last updated February 17, 2026 at 8:03 AM

History

Effective: February 16, 2026
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-6-28 Title IV-E administration and training funding.

(A) The Ohio department of job and family services (ODJFS) provides federal funding to Title IV-E agencies pursuant to Title IV-E of the federal Social Security Act.

(B) ODJFS issues Title IV-E funding to provide federal financial participation (FFP) for administration and training costs. The county public children services agency (PCSA) must provide state allocated general revenue funds or local funds for the nonfederal share. When the nonfederal share includes donated funds, rule 5101:9-7-50 of the Administrative Code must be followed.

(1) Foster care maintenance Title IV-E administration and training costs are reported under ALN 93.658; and

(2) Adoption assistance Title IV-E administration and training costs are reported under ALN 93.659.

(D) Administration and training-reimbursement costs.

(1) Any administrative or training cost charged to the Title IV-E program may not be charged concurrently to another federal program. The results of the random moment sampling (RMS) and the statewide percentage of Title IV-E eligible child placement days is statistically applied to the statewide social services cost pool to derive the cost of reimbursable Title IV-E activities for the statewide Title IV-E administration and training claim to the federal government. Costs are claimed separately for FCM based on the statewide automated child welfare information system (SACWIS) population data.

(2) The results of the random moment sampling (RMS) are statistically applied to the social services cost pool or the child welfare cost pool to derive the costs that are allowable for the calculation of Title IV-E administration and training claim.

(3) The statewide automated child welfare information system (SACWIS) IV-E eligibility ratios are applied to the calculation from paragraph (D)(2) of this rule to obtain the total allowable Title IV-E administration and training costs.

(4) The Title IV-E FFP rate of either fifty per cent or seventy-five per cent is applied to the calculation in paragraph (D)(3) of this rule to determine the total Title IV-E claim.

(E) Title IV-E administration and training reimbursement.

(1) The Title IV-E claim determined in paragraph (D)(4) of this rule is reduced by no more than three per cent of the FFP received as described in section 5101.141 of the Revised Code.

(2) Reimbursement for Title IV-E administration and training is issued to the PCSA six months after a financial quarter is closed in the county finance information system (CFIS) except for PCSAs that did not submit to the Ohio administrative knowledge system (OAKS) during the preliminary submission as mentioned in rule 5101:9-7-01.1 of the Administrative Code.

(F) The definitions, requirements, and responsibilities contained in rule 5101:9-6-50 of the Administrative Code are applicable to this rule.

Last updated July 19, 2024 at 7:40 AM

History

Effective: July 19, 2024
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-6-28.1 Title IV-E kinship guardianship assistance program (KGAP).

(A) The Ohio department of job and family services (ODJFS) issues the KGAP funding to the public children services agency (PCSA) to provide permanent planning options for children when family reunification or adoption are not appropriate choices.

(B) This allocation consists of federal funds and the federal assistance listing number is 93.090.

(C) The PCSA coordinates with ODJFS for the administration of the KGAP program as described in rule 5101:2-46-01 of the Administrative Code.

(E) Methodology

(1) Federal financial participation is reimbursed under Title IV-E as follows:

(a) KGAP administrative costs are reimbursable at fifty per cent.

(b) KGAP training costs are reimbursable at seventy-five per cent.

(2) The KGAP program administrative and training costs reimbursement will not be discounted by the eligibility ratio.

(F) The PCSA reports expenditures as described in rule 5101:9-7-29 of the Administrative Code.

(G) The definitions, requirements and responsibilities contained in rule 5101:9-6-50 of the Administrative Code are applicable to this allocation.

Last updated July 19, 2024 at 7:40 AM

History

Effective: July 19, 2024
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-6-28.2 Kinship support intervention (KSI) allocation.

(A) The Ohio department of job and family services issues the kinship supports intervention (KSI) allocation to public children services agencies (PCSAs) to ensure children have a safe and stable living environment. The KSI funding provides support to kinship caregivers, regardless of custody status, to provide resources that meet the child's physical, emotional, financial and basic needs.

(B) This allocation consists of federal funds. The assistance listing number is 93.471.

(C) ODJFS communicates the funding period and liquidation period through the county finance information system (CFIS). The PCSA can incur services through the funding period and disburse and report expenditures no later than the end of the liquidation period. Expenditures in excess of the allocation amount are the responsibility of the county agency.

(D) ODJFS reimburses the KSI funding at a fifty per cent federal financial participation (FFP) rate.

(E) Allowable KSI navigation services and activities for the child and kinship caregiver/family are as described in rule 5101:2-40-10 of the Administrative Code.

(F) The child/family must have a completed support plan in place and must be receiving KSI services.

(G) PCSAs shall report expenditures as described in rule 5101:9-7-29 of the Administrative Code.

(H) The definitions, requirements, and responsibilities contained in rule 5101:9-6-50 of the Administrative Code are applicable to this rule.

Last updated July 19, 2024 at 7:40 AM

History

Effective: July 19, 2024
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-6-28.3 Title IV-E Family First Prevention Services Act.

(A) The Ohio department of job and family services (ODJFS) provides federal funding to the public children services agency (PCSA) pursuant to Title IV-E of the federal Social Security Act.

(B) The Family First Prevention Services Act (FFPSA) of 2018, enacted as part of the 2018 Public Law (P.L.) 115-123, authorized new optional Title IV-E prevention services funding for time-limited prevention services for mental health, substance abuse, and in-home parent skill-based programs for children or youth who are candidates for foster care, pregnant or parenting youth in foster care, and the parents or kin caregivers of those children and youth.

(C) ODJFS issues Title IV-E funding to provide federal financial participation (FFP) for administration and training payments. The county is to provide state allocated general revenue funds or local funds for the nonfederal share. When the nonfederal share included donated funds, rule 5101:9-7-50 of the Administrative Code is to be followed.

(D) This allocation consists of federal funds. The assistance listing number is 93.472.

(E) Administration and training-reimbursement costs.

(1) Any administrative or training cost charged to the Title IV-E prevention program may not be charged concurrently to another federal program.

(2) Allowable Title IV-E administrative costs include:

(a) Activities to develop necessary processes and procedures to establish and implement the provision of prevention services for eligible individuals, policy development, program management, and data collection and reporting;

(b) Activities for eligible candidates for Title IV-E prevention services as described in rules 5101:2-45-01, 5101:2-45-02, and 5101:2-45-03 of the Administrative Code.

(3) Allowable training activities for PCSA staff include:

(a) Determination of eligibility for the Title IV-E prevention program;

(b) Identification and provision of appropriate services; and

(4) Unallowable administrative costs for the Title IV-E prevention program include performance of investigations, physical or mental examinations or evaluations.

(F) ODJFS reimburses the PCSA for Title IV-E prevention administrative and services program costs as described in rules 5101:2-45-01, 5101:2-45-02, and 5101:2-45-03 of the Administrative Code.

(G) The PCSA is to report expenditures as described in rule 5101:9-7-29 of the Administrative Code.

(H) The definitions, requirements and responsibilities contained in rule 5101:9-6-50 of the Administrative Code are applicable to this rule.

Last updated October 3, 2024 at 8:49 AM

History

Effective: October 3, 2024
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-6-30 Child support performance incentive payments.

(A) The Ohio department of job and family services (ODJFS) issues performance incentive payments to child support enforcement agencies (CSEA) to provide additional funding for the Title IV-D program.

(B) Federal child support incentive distribution.

(1) The United States department of health and human services (HHS) distributes to the ODJFS an estimated annual incentive payment amount at the beginning of each federal fiscal year. Following the end of each fiscal year ODJFS submits expenditure and performance data to HHS. Using this data, HHS calculates the actual annual incentive payment amount earned by the state. Actual payment amounts are contingent on data being determined to be complete and reliable by federal auditors. The final reconciled amount includes necessary adjustments resulting from previous incentive overpayments or underpayments to ODJFS from the federal government pursuant to the processes described at 45 C.F.R. 305, as in effect May 1, 2025.

(2) ODJFS distributes incentive payments to the CSEA each month based on the estimated annual incentive payment amount Ohio receives from HHS during the federal fiscal year (FFY).

(a) ODJFS retains funds from the federal incentives in accordance with rule 5101:12-1-54 of the Administrative Code.

(b) ODJFS distributes estimated incentive payments to the CSEA in accordance with rule 5101:12-1-54.1 of the Administrative Code.

(3) The actual amount of incentives is determined during the annual incentive reconciliation process at the end of the calendar year. ODJFS performs a comparison between the estimated annual incentive payment amounts and the actual federal incentives earned by the state at the end of the calendar year.

(a) ODJFS adjusts the CSEA incentive payment if the estimated amount exceeds the actual amount earned by the state and a deficiency exists.

(b) ODJFS makes a one-time payment to the CSEA through the administrative advance process if the actual amount earned exceeds the estimated amount and a surplus exists.

(1) The CSEA spends funds only for allowable Title IV-D expenditures, in accordance with section 5101.23 of the Revised Code and 45 C.F.R. 305.35, as in effect May 1, 2025. A request to spend incentives on activities not eligible for funding under the Title IV-D program may be submitted to ODJFS. ODJFS will review the request and may submit the proposal, as appropriate, to HHS for approval.

(2) The CSEA does not use federal child support incentives:

(a) To earn additional federal funds; or

(b) As the nonfederal share/child support match requirement. The CSEA expends all incentive funds at one-hundred percent on allowable IV-D activities.

(3) The CSEA reports Title IV-D expenditures paid with incentives in accordance with rule 5101:9-7-29 of the Administrative Code using coding established by ODJFS for that purpose.

Last updated July 18, 2025 at 7:39 AM

History

Effective: July 18, 2025
Promulgated Under: 119.03

Ohio Adm.Code 5101:9-6-31 County share of public assistance expenditures and the mandated share budget.

(A) Each board of county commissioners is to pay the county share of public assistance (PA) net expenditures, which are currently defined as:

(1) Temporary assistance for needy families (TANF) including:

(a) Ohio works first (OWF) benefit payments and county administration of OWF; and

(b) Prevention, retention and contingency (PRC) and county administration of PRC;

(2) Disability financial assistance (DFA), and county administration of DFA;

(3) County administration of supplemental nutrition assistance program (SNAP); and

(4) County administration of medicaid.

(B) The Ohio department of job and family services (ODJFS) certifies to the county board of commissioners of each county the amount in the following state fiscal year (SFY) to meet the county share of PA expenditures as determined in paragraph (C) of this rule. This amount is the "mandated share."

(C) Except as provided in paragraph (D) of this rule, the county's total mandated share of PA expenditures is limited to a maximum of one hundred five per cent of the county's preceding SFY mandated share. County PA expenditures that exceed maximum allowable reimbursement amounts is not credited to a county's share of PA expenditures.

The county mandated share of PA expenditures is a sum of all of the calculations in paragraphs (C)(1) to (C)(3) of this rule:

(1) OWF and PRC programs: seventy-five per cent of the actual amount of the county share of program and administrative expenditures for federal fiscal year (FFY) 1994 aid to dependent children (ADC), family emergency assistance (FEA), and job opportunities and basic skills training (JOBS) pass through programs.

(2) Disability programs: an amount equal to twenty-five per cent of the county's total expenditures for DFA benefits, and county administration of DFA as determined allowable by ODJFS during the SFY that ended in the previous calendar year.

(3) SNAP and medicaid: the amount that is a maximum of ten per cent, or other percentage as determined in paragraphs (C)(3)(a) to (C)(3)(c) of this rule, of the county's total expenditures for county administration of SNAP and medicaid during the SFY ending in the previous calendar year that ODJFS determines are allowable, less the amount of federal reimbursement credited to the county under paragraph (C)(4) of this rule.

(a) If the per capita tax duplicate of a county is less than the per capita tax duplicate of the state as a whole and paragraph (C)(3)(b) of this rule does not apply to the county, the percentage to be used for paragraph (C)(3) of this rule 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. ODJFS computes the per capita tax duplicate for the state and for each county by dividing the tax duplicate provided by the Ohio department of development (ODOD) for the most recent available year by the current estimate of population prepared by ODOD.

(b) 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 paragraph (C)(3)(a) of this rule does not apply to the county, the percentage to be used for paragraph (C)(3) of this rule is the product of these, 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.

ODJFS computes 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 ODOD, by a fraction, the numerator of which is the estimate of the 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.

(c) 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 is determined as follows:

(i) Multiply ten by the fraction determined under paragraph (C)(3)(a) of this rule; and

(ii) Multiply the product determined under paragraph (C)(3)(c)(i) of this rule by the fraction determined under paragraph (C)(3)(b) of this rule.

(d) ODJFS determines, for each county, the percentage of families in the county with an annual income of less than three thousand dollars, no later than the first day of the SFY of the year preceding the SFY for which the percentage is used.

(4) ODJFS credits to a county the full amount of federal reimbursement ODJFS receives from the United States department of agriculture and department of health and human services for the county's expenditures for administration of SNAP and medicaid that ODJFS determines are allowable administrative expenditures.

(D) A county's share of PA expenditures determined under paragraph (C) of this rule may increase pursuant to sanction under section 5101.24 of the Revised Code.

(E) Each January, the board of county commissioners appropriates, the amount certified by ODJFS as the SFY county share of PA expenditures and an additional five per cent of that amount for transfer to the PA fund. The appropriation of an extra five per cent allows for any increase that may occur with the next SFY calculated share.

After a notice and certification from ODJFS for the next SFY is received, the board may re-appropriate, for any purpose the board determines necessary, the amount appropriated in January that exceeds the total of the amount certified by ODJFS for the last six months of the current SFY and the first six months of the following SFY.

(F) ODJFS identifies annual budgets and mandated share amounts for each local agency by calculating the county share based on the current PA expenditures reflected on the quarterly PA fund reconciliation report and cash benefit payments to participants. The computation of the county share report shows the actual computation based on current SFY expenditures. ODJFS distributes the computation of the county share report twice per year. The final SFY computation of county share report displays the county mandated share that is assessed by ODJFS in the next SFY, up to a maximum ten per cent increase per SFY.

(G) ODJFS calculates and enters in the statewide financial system the mandated share amount for the applicable programs. In the event that the calculated mandated share amount for any program is a negative number, ODJFS enters the MS budget as zero in the county finance information system (CFIS).

(1) Medicaid as medicaid MS; ODJFS enters the medicaid MS as a separate amount;

(2) SNAP as food assistance MS; ODJFS enters the food assistance MS as a separate amount;

(3) DFA as DFA MS; ODJFS enters the DFA MS as a separate amount; and

(4) TANF as TANF MS; ODJFS calculates the TANF MS and enters one-half of the amount into the medicaid MS and one-half of the amount into the food assistance MS. The CDJFS may move all or a portion of the calculated TANF MS under the TANF MS by submitting a request to ODJFS at any time during the state fiscal year.

(H) At the end of each month, the county finance information system (CFIS) adjusts the county reported expenditures and apply a portion of the monthly medicaid, SNAP, DFA, and/or TANF expenditures to the mandated share.

(1) The total of the monthly expenditures applied to mandated share is at least one-twelfth of the annual mandated share budget. Adjustment detail is available on the post allocation adjustment report within the CFIS mandated share report.

(2) In the event that the mandated share adjustments result in a negative balance on the expenditure report (reported expenditures are less than one-twelfth of the mandated share budget balance), the amount is adjusted on the monthly over/under report and is reconciled during quarterly and annual closeout.

(I) As required by section 5101.16 of the Revised Code, the board of county commissioners will transfer each month an amount equal to or greater than the sum of one-twelfth of the amount of funds certified as the mandated county share of PA expenditures for that SFY to the county PA fund. The one-twelfth mandated county share of PA expenditures amount is identified in the state reporting system. If the transfer schedule includes an amount other than one-twelfth per month, the aggregate amount transferred for the SFY equals the county mandated share.

Last updated April 25, 2024 at 8:35 AM

History

Effective: April 25, 2024
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-6-33 Child welfare experiential learning (CWEL).

(A) The Ohio department of job and family services (ODJFS) issues funding to public children services agencies (PCSAs) that participate in CWEL activities. CWEL activities are coaching, mentoring, shadowing, and peer-to-peer networking activities that facilitate the implementation of best child welfare practices. CWEL activities develop staff skills and capacities and address relevant administrative, organizational, community and service issues.

(B) CWEL funding consists of one hundred per cent state funds. Additional federal funding may be available for reimbursement of expenditures specified in paragraph (E) of this rule. ODJFS will notify counties if additional funding is available.

(C) ODJFS reimburses PCSAs for CWEL events that take place from January first through December thirty-first of each year.

(D) CWEL events

A CWEL event is an organized gathering hosted by a PCSA that is participating in one of the following:

(1) Alternative response approach;

(2) Permanency roundtables as described in rule 5101:9-6-65 of the Administrative Code;

(3) A special or one-time event that ODJFS identifies through written notice as supporting the purpose of CWEL activities as defined in paragraph (A) of this rule; or

(4) Any other pre-approved best practice innovation identified by ODJFS.

(E) PCSAs may receive reimbursement for the following CWEL expenditures if the PCSA receives prior approval from the ODJFS office of families and children (OFC):

(1) Pre-visit preparation and planning for hosting a CWEL event;

(2) Hosting a CWEL event; and

(3) Participating in a CWEL event. A host PCSA may not be paid for its own staff participating in a CWEL event that it is hosting.

(F) A PCSA receives reimbursement when:

(1) The PCSA submits and obtains approval of an invoice for reimbursement to the ODJFS OFC; and

(2) The PCSA reports expenditures on the JFS 02820 as described in rule 5101:9-7-29 of the Administrative Code.

(G) The definitions, requirements, and responsibilities contained in rule 5101:9-6-50 of the Administrative Code are applicable to this rule.

History

Effective: May 17, 2014
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-6-35 Chafee allocation.

(A) The Ohio department of job and family services (ODJFS) reimburses public children services agencies (PCSAs) for the delivery of independent living services to eligible youth and young adults as described in rules 5101:2-42-19 and 5101:2-42-19.2 of the Administrative Code.

(B) The assistance listing number (ALN) is 93.674.

(D) Methodology

ODJFS uses the following methodology to distribute available funds:

(1) ODJFS allocates a base amount of five thousand dollars to each PCSA.

(2) ODJFS allocates the remaining balance to PCSAs based on the number of youth within the county fourteen years of age and older who are in substitute care as compared to the statewide number of youth in the same category as reported by the PCSA in the Ohio statewide child welfare information system (Ohio SACWIS) for the preceding state fiscal year (SFY).

(E) Reimbursement

(1) ODJFS reimburses expenditures with eighty per cent federal Chafee funds. The PCSA must use eligible state funding or provide local funds at a twenty per cent match rate for the nonfederal share.

(2) Reimbursable services under this allocation are identified in the following rules:

(a) Rule 5101:2-42-19 of the Administrative Code for independent living services for youth still in the custody of an agency; and

(b) Rule 5101:2-42-19.2 of the Administrative Code for youth who have emancipated and requested independent living services.

(c) The PCSA shall only use up to thirty per cent of these funds for room and board which may include but is not limited to assistance with rent and the initial deposit pursuant to 42 U.S.C. 677.

(F) PCSAs shall report expenditures as described in rule 5101:9-7-29 of the Administrative Code.

(G) The definitions, requirements, and responsibilities contained in rule 5101:9-6-50 of the Administrative Code are applicable to this allocation.

Last updated August 24, 2023 at 8:17 AM

History

Effective: August 24, 2023
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-6-35.1 Chafee state match allocation.

(A) The Ohio department of job and family services issues state funding to public children services agencies (PCSAs) to use as match for eligible federal Title IV-E Chafee expenditures.

(B) This allocation consists of one hundred per cent state funds.

(D) ODJFS uses the methodology to distribute Chafee state match funds as described in rule 5101:9-6-35 of the Administrative Code.

(E) The PCSA shall utilize this allocation to cover the twenty per cent local match requirement for federal Chafee.

(F) PCSAs shall report allowable costs as described in rule 5101:9-7-29 of the Administrative Code.

(G) The definitions, requirements and responsibilities contained in rule 5101:9-6-50 of the Administrative Code are applicable to this rule.

Last updated August 24, 2023 at 8:17 AM

History

Effective: August 24, 2023
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-6-36 Emergency services assistance allocations (ESAA) for family preservation.

(A) The Ohio department of job and family services (ODJFS) issues Title IV-B, subpart 2 funding to public children services agencies (PCSAs) to preserve the family unit in crisis. ODJFS issues preservation funding as two separate allocations; one for direct services and one for operating costs. The assistance listing number (ALN) for these allocations is 93.556.

(B) ODJFS communicates the funding period and liquidation period through the county finance information system (CFIS). The PCSA can incur ESAA preservation services through the funding period and disburse and report expenditures no later than the end of the liquidation period. Expenditures in excess of the allocation amount are the responsibility of the county agency.

The methodology used to distribute available funds is as follows:

(1) ODJFS allocates forty per cent of the statewide allocation equally among all PCSAs; and

(2) ODJFS allocates sixty per cent of the statewide allocation based on each county's population of children less than one hundred per cent of the federal poverty level as compared statewide in the same category, utilizing the most recent available calendar year data from the U.S. bureau of census figures.

(D) Reimbursement

(1) ODJFS reimburses the PCSAs for allowable direct and operating ESAA preservation expenditures with seventy-five per cent federal Title IV-B, subpart 2 funds. The PCSA shall use eligible state funding or provide local funds at a twenty-five per cent match rate for the nonfederal share.

(2) When the nonfederal share includes donated funds, rule 5101:9-7-50 of the Administrative Code shall be followed.

(E) ESAA family preservation allocation

(1) The PCSA can claim allowable family preservation services expenditures as described in rule 5101:2-1-01 of the Administrative Code.

(2) PCSAs shall report direct ESAA service expenditures as described in rule 5101:9-7-29 of the Administrative Code.

(F) ESAA family preservation operating allocation

(1) A PCSA may claim reimbursement of non-allocated administrative costs using ESAA preservation through the social services random moment sample (SSRMS) reconciliation/certification of funds (COF) process.

(2) A PCSA may request a transfer of the operating allocation to the direct services allocation for services stated in paragraph (E)(1) of this rule prior to the end of the liquidation period.

(G) The definitions, requirements, and responsibilities contained in rule 5101:9-6-50 of the Administrative Code are applicable to this rule.

Last updated April 24, 2023 at 8:25 AM

History

Effective: April 22, 2023
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-6-36.1 Emergency services assistance allocations (ESAA) for family reunification.

(A) The Ohio department of job and family services (ODJFS) issues Title IV-B, subpart 2 funding to public children services agencies (PCSAs) to reunify the family unit in crisis. ODJFS issues reunification funding as two separate allocations; one for direct services and one for operating costs. The assistance listing number (ALN) number is 93.556.

(B) ODJFS communicates the funding period and liquidation period through the county finance information system (CFIS). The PCSA can incur ESAA reunification services through the funding period and disburse and report expenditures no later than the end of the liquidation period. Expenditures in excess of the allocation amount are the responsibility of the county agency.

The methodology used to distribute available funds is as follows:

(1) ODJFS allocates forty per cent of the statewide allocation equally among all PCSAs; and

(D) Reimbursement

(1) ODJFS reimburses the PCSA for allowable direct and operating ESAA reunification expenditures with seventy-five per cent federal Title IV-B, subpart 2 funds. The PCSA uses eligible state funding or provide local funds at a twenty-five per cent match rate for the nonfederal share.

(2) When the nonfederal share includes donated funds, rule 5101:9-7-50 of the Administrative Code is followed.

(E) ESAA reunification allocation

(1) The PCSA can claim allowable expenditures related to time-limited family reunification services as described in rule 5180:2-1-01 of the Administrative Code.

(2) PCSAs report direct ESAA services expenditures as described in rule 5101:9-7-29 of the Administrative Code.

(F) ESAA family reunification operating allocation

(1) A PCSA may claim reimbursement of non-allocated administrative costs using ESAA reunification through the social services random moment sample (SSRMS) reconciliation/certification of funds (COF) process.

(2) A PCSA may request a transfer of the operating allocation to the direct services allocation for services stated in paragraph (E)(1) of this rule prior to the end of the liquidation period.

(G) The definitions, requirements, and responsibilities contained in rule 5101:9-6-50 of the Administrative Code are applicable to this rule.

Last updated June 8, 2026 at 8:04 PM

History

Effective: June 7, 2026
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-6-36.2 ESAA state match allocation.

(A) The Ohio department of job and family services (ODJFS) issues state funding to public children services agencies (PCSAs) to use as match for allowable Title IV-B subpart 2 emergency services assistance allocation (ESAA) expenditures.

(B) This allocation consists of one hundred per cent state funds.

(D) ODJFS distributes ESAA state match funds as described in rules 5101:9-6-36 and 5101:9-6-36.1 of the Administrative Code.

(E) The PCSA shall utilize this allocation to cover the twenty-five per cent local match requirement.

(F) PCSAs shall report allowable costs as described in rule 5101:9-7-29 of the Administrative Code.

(G) The definitions, requirements and responsibilities contained in rule 5101:9-6-50 of the Administrative Code are applicable to this rule.

Last updated May 30, 2023 at 8:25 AM

History

Effective: May 27, 2023
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-6-37 Title IV-B allocation.

(A) The Ohio department of job and family services (ODJFS) issues Title IV-B allocation subpart 1 to public children services agencies (PCSAs) to ensure that all children are raised in safe, loving families. ODJFS issues Title IV-B funding in two separate allocations; one for direct services and one for administrative costs.

(B) These allocations consist of federal funds. The catalog of assistance listing (ALN) number is 93.645.

(D) Methodology

ODJFS uses the following methodology to distribute available funds:

(1) ODJFS allocates forty per cent of the statewide allocation equally among all PCSAs; and

(E) Reimbursement

(1) ODJFS reimburses expenditures with seventy-five per cent federal Title IV-B subpart 1 funds. The county must use eligible state funding or provide local funds at a twenty-five per cent match rate for the nonfederal share.

(2) When the nonfederal share includes donated funds, rule 5101:9-7-50 of the Administrative Code shall be followed.

(3) Current period Title IV-B expenditures cannot exceed the amount claimed to the federal government in FFY 2005. Therefore, the reimbursement for foster care maintenance and adoption assistance payments are limited to the county claim for FFY 2005.

(F) Direct service costs

(1) The PCSA can charge expenditures outlined in the Ohio child and family services plan against this allocation.

(2) PCSAs shall report direct service expenditures as described in rule 5101:9-7-29 of the Administrative Code.

(G) Administrative costs

(1) A PCSA shall claim reimbursement of administrative costs for Title IV-B through the social services random moment sample (SSRMS) reconciliation/certification of funds process.

(2) A PCSA shall also request to transfer the IV-B administration allocation to the direct services allocation to be used as stated in paragraph (F) of this rule.

(H) The definitions, requirements, and responsibilities contained in rule 5101:9-6-50 of the Administrative Code are applicable to this rule.

Last updated November 9, 2023 at 8:19 AM

History

Effective: November 9, 2023
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-6-37.2 Caseworker visits allocation.

(A) The Ohio department of job and family services (ODJFS) issues Title IV-B, subpart 2, funding to assist public children services agencies (PCSAs) in meeting federal performance standards related to caseworker visitations of children in substitute care. ODJFS issues caseworker visits funding in two separate allocations; one for direct services and one for administrative costs. The assistance listings number is 93.556.

(B) ODJFS communicates the funding and liquidation periods through the county finance information system (CFIS). The PCSA can incur caseworker services through the funding period and disburse and report expenditures no later than the end of the liquidation period. Expenditures in excess of the allocation amount are the responsibility of the county agency.

ODJFS uses the following methodology to distribute available funds:

ODJFS allocates the caseworker visits allocation based on the number of unduplicated children in substitute care by county divided by the total number of unduplicated children in substitute care in Ohio, based on the previous calendar year (CY).

(D) Reimbursement

(1) ODJFS reimburses the PCSA for allowable direct and administrative caseworker expenditures with seventy-five per cent Title IV-B subpart 2 funds. The PCSA uses eligible state funding or provides local funds at twenty-five per cent match rate for the nonfederal share.

(2) When the nonfederal share includes donated funds, rule 5101:9-7-50 of the Administrative Code is followed.

(E) Caseworker visits allocation

(1) The PCSA can claim allowable expenditures for providing direct caseworker services as described in rule 5101:2-42-65 of the Administrative Code.

(2) PCSAs report direct caseworker service expenditures as described in rule 5101:9-7-29 of the Administrative Code.

(F) Caseworker administrative allocation

(1) A PCSA may claim reimbursement of administrative costs for caseworker visits through the social services random moment sample (SSRMS) reconciliation/certification of funds (COF) process.

(2) A PCSA may also request to transfer the caseworker visits administration allocation to the caseworker visits direct services allocation to be used as stated in paragraph (E) of this rule. A PCSA may request this transfer by submitting a budget transfer request in CFIS to ODJFS prior to the end of the liquidation period.

(G) The definitions, requirements and responsibilities contained in rule 5101:9-6-50 of the Administrative Code are applicable to this rule.

Last updated December 1, 2023 at 9:46 AM

History

Effective: December 1, 2023
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-6-44 County family services agencies (CFSA) pass-through funding.

(A) The Ohio department of job and family services (ODJFS), as a recipient of federal funding, functions as a "pass-through entity" for "pass-through funding" to CFSAs as defined in section 307.981 of the Revised Code.

(B) Funding

"Federal financial participation" (FFP) means the federal government's share of allowable expenditures. FFP is available as pass-through funding for allowable expenditures for services and activities properly attributable to the programs outlined in paragraph (C) of this rule. The CFSA may access the FFP for allowable expenditures via the county draw and expenditure reporting process in the county finance and information system (CFIS). The CFSA is eligible for the FFP or state-funded match of allowable costs, up to the maximum amount of funds available, for the following types of funding:

(1) Public assistance (PA) agency

(a) The food assistance (FA) program, administered by United States department of agriculture (USDA), food and nutrition services (FNS) under the authority of 7 C.F.R. part 277.4, assists low-income households to purchase food. The matching requirement for the FA program is fifty per cent. The assistance listing number (ALN) for this allocation is 10.561.

(b) The medical assistance program, administered by the U.S. department of health and human services (HHS) centers for medicare and medicaid services (CMS). The ALN for this funding is 93.778.

(c) The state children's insurance program (SCHIP), administered by U.S. HHS CMS under the authority of Title XIX of the Social Security Act. The ALN for this funding is 93.767.

(d) Medicaid at-risk pregnancy (ARP) transportation, medicaid healthchek, and medicaid non-emergency transportation (NET) as described in rule 5101:9-6-44.1 of the Administrative Code.

(2) Child support enforcement agency (CSEA) Title IV-D funding as described in paragraph (C)(1) of rule 5101:9-6-90 of the Administrative Code.

(3) Public children services agency (PCSA)

(a) Medicaid child welfare related. The ALN for this funding is 93.778.

(b) Title IV-E funding as described in rules 5101:9-6-28 and 5101:9-6-62 of the Administrative Code.

(1) ODJFS allocates initial pass-through funding to the CFSA based on the greater of:

(a) The average of the CFSA's last two years reported expenditures; or

(b) The total of the CFSA's last four completed quarters' reported expenditures.

A CFSA with no reported expenditures over either time period will receive a minimum budget.

(2) The CFSA may submit an FFP allocation increase request in CFIS and ODJFS will review the request and:

(a) Approve the request; and/ or

(b) Request justification from the CFSA for an estimate of current quarter expenditures; and/or

(3) Funding is based on reported expenditures and any unspent budget may be adjusted at the discretion of ODJFS to meet current statewide funding.

(D) The grant availability for pass-through funding is communicated by ODJFS through the county finance information system (CFIS).

(E) The CFSA may access federal pass-through funding and state allocations using CFIS expenditures reporting and draw request processes or via quarterly reimbursement.

(F) The CFSA shall report revenues and expenditures for the pass-through funding as described in rule 5101:9-7-29 of the Administrative Code.

Last updated April 24, 2023 at 8:26 AM

History

Effective: April 23, 2023
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-6-44.1 Non-emergency transportation (NET), pregnancy related services and healthchek services funding.

(A) On behalf of the Ohio department of medicaid, the Ohio department of job and family services (ODJFS) provides funding to a county department of job and family services (CDJFS) for direct delivery transportation costs, contracts and purchased services for transportation assistance for medicaid-eligible consumers.

(B) The CDJFS receives funding for the following pass-throughs:

(1) Non-emergency transportation (NET) services as detailed in rule 5160-15-10 of the Administrative Code;

(2) Pregnancy-related services funding as detailed in rule 5160-21-04 of the Administrative Code; and

(3) Healthchek funding as detailed in rule 5160-1-14 of the Administrative Code.

(C) The ODJFS issues funding using the methodology described in paragraph (C) of rule 5101:9-6-44 of the Administrative Code.

(D) The assistance listing number (ALN) for this funding is 93.778 which further describes allowable activities.

(E) Federal financial participation (FFP) for the pass-through allocations listed in paragraph (B) of this rule is fifty per cent. ODJFS contributes the fifty per cent non-federal share of county-reported expenses and reimburses the CDJFS at one hundred per cent.

(F) The ODJFS communicates the period of availability and the liquidation period for this allocation through the county finance information system (CFIS).

(G) The CDJFS shall use the budget request function in CFIS to request any increase to their funding no later than the last day of the liquidation period.

(H) The CDJFS reports expenditures for direct costs associated with activities outlined in paragraph (B) of this rule as detailed in rule 5101:9-7-29 of the Administrative Code.

(I) The CDJFS may claim administrative costs for the programs outlined in paragraph (B) of this rule as detailed in rule 5101:9-6-05 of the Administrative Code.

Last updated March 25, 2024 at 8:36 AM

History

Effective: March 25, 2024
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-6-50 Ohio department of job and family services (ODJFS) grants.

The following definitions, requirements and responsibilities are applicable to rules in Chapter 5101:9-6 of the Administrative Code.

(A) Definitions:

(1) "County family services agency" (CFSA) means the county department of job and family services (CDJFS), the public children services agency (PCSA), and the child support enforcement agency (CSEA) or as described in section 329. 40 of the Revised Code, a joint CDJFS formed by entering into a written agreement between boards of county commissioners.

(2) "Family services duty" means a duty state law requires or allows a county family services agency to perform including all financial and administrative functions associated with the performance of those duties. The term "family services duty" does not include duties or activities funded by the department of labor (DOL) Workforce Innovation and Opportunity Act (WIOA).

(3) "Financial assistance" means all cash, reimbursements, allocations of funds, cash draws, and property that is provided by ODJFS to a county family services agency. All requirements in this rule related to "financial assistance" also apply to local public money, as defined in section 117.01 of the Revised Code, used by the county to match state or federal funds. The term "financial assistance" does not include technical assistance provided by ODJFS to the board of county commissioners or to any county family services agency.

(B) ODJFS receives federal grant awards from various federal agencies. These federal grant awards require ODJFS, as a condition of receiving federal funds, to comply with the terms and conditions of the grant awards including the program and fiscal requirements of the program for which the grants provide federal funds. When a county family services agency receives financial assistance from ODJFS that includes funds from a federal grant, the accountability for and use of the financial assistance by the county family services agency must comply with all federal terms, conditions, regulations, and restrictions that apply to the use of financial assistance awarded to ODJFS through grants from a federal agency.

(C) Each county family services agency shall administer all family services duties in accordance with the requirements of division (C) of section 5101.21 of the Revised Code.

(D) Each county family services agency is responsible for using the financial assistance provided by ODJFS for the performance of family services duties in accordance with the requirements of the federal grant award, state law, and any of the following that concern the family services duties:

(1) State plans for receipt of federal financial participation;

(2) Grant agreements between ODJFS and a federal agency; and

(3) Executive orders issued by the governor.

(E) 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 5101.1410 of the Revised Code, the county family services agency shall take prompt action to recover any financial assistance that is not expended in accordance with state, federal, and local requirements.

(F) After the end of the state fiscal year and at such other times ODJFS determines to be appropriate, ODJFS may reconcile costs claimed by county family services agency expenditures with financial assistance provided to the county family services agency by ODJFS. ODJFS may also adjust, offset, withhold, or reduce financial assistance as necessary to recover the amount of excess financial assistance. If ODJFS determines that the amount of financial assistance provided by ODJFS exceeds the allowable amount of county family services agency expenditures costs claimed to federal programs, ODJFS may require the county family services agency to make one or more payments to ODJFS for the amount determined by ODJFS.

(G) A county family services agency shall promptly reimburse ODJFS the amount that represents the amount the county agency is responsible for, pursuant to action ODJFS takes under division (C) of section 5101.24 of the Revised Code, of funds ODJFS pays to any entity because of an adverse audit finding, adverse quality control finding, final disallowance of federal financial participation, or other sanction or penalty.

(H) 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.

Last updated April 3, 2023 at 8:42 AM

History

Effective: April 3, 2023
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-6-61 Family children first council (FCFC) funding for county department of job and family services (CDJFS) and public children services agencies (PCSA) serving as the FCFC administrative agent.

(A) The Ohio department of job and family services (ODJFS) issues family children first council (FCFC) funding allocations described in paragraph (B) of this rule to each county department of job and family services (CDJFS) and public children services agency (PCSA) serving as the administrative agent for the local county FCFC. When two or more county councils form a regional FCFC under division (B)(6) of section 121.37 of the Revised Code, ODJFS issues funding allocations to a CDJFS or PCSA named as the administrative agent for the regional FCFC.

(B) FCFC funding allocations include:

(1) Operational capacity building fund allocations;

(2) Multi-system youth (MSY) capacity fund allocations;

(3) Family centered services and support allocations; and

(4) Other funding allocations as determined and communicated.

(C) The funding purpose of this program is contained in the subgrant agreement issued to each FCFC. The fully executed subgrant agreement contains all terms and conditions for this funding. The subgrant agreement and its attachments will also contain the allocation methodology.

(D) ODJFS communicates the funding period and liquidation period through the county finance information system (CFIS). The administrative agent can incur obligations for services through the funding period and disburse and report expenditures no later than the end of the liquidation period. Expenditures in excess of the allocation amount are the responsibility of the county agency.

(E) The administrative agent (CDJFS or PCSA) will report expenditures as described in rule 5101:9-7-29 of the Administrative Code.

(F) The definitions, requirements, and responsibilities contained in rule 5101:9-6-50 of the Administrative Code are applicable to this rule.

Last updated June 19, 2026 at 12:41 AM

History

Effective: June 19, 2026
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-6-70 Fraud awareness initiatives.

(A) The Ohio department of job and family services (ODJFS) issues the fraud awareness allocation to select county departments of job and family services (CDJFS) to promote fraud awareness month programs, campaigns, activities and events. May is designated as fraud awareness month.

(B) ODJFS may issue funding up to two thousand dollars per county to support fraud awareness initiatives. Counties eligible for this funding are those with an ODJFS approved local fraud awareness initiative. ODJFS will notify counties in writing if approved for funding.

(C) This allocation is one hundred per cent federal funding. The assistance listing number (ALN) for this allocation is 93.558. ODJFS communicates the funding period of availability and the liquidation periods through the county finance information system (CFIS). The CDJFS can incur services through the funding period of availability and disburse and report expenditures no later than the end of the liquidation period.

(D) Fraud awareness initiative funds must be used to purchase promotional items which may include, but are not limited to:

(1) Promotional signs such as billboards, banners, posters, city bus placards, and bus stop bench advertisements; and

(2) Media publicity such as radio and television public service announcements.

(E) Fraud awareness initiative funds cannot be used for:

(1) Purchasing items intended for human consumption;

(2) Hosting staff;

(3) Parties;

(4) Marketing items such as pens, cups, bookmarks, post-it notes, magnets, reusable grocery bags, bumper stickers, etc. for distribution to the public; or

(5) Other uses of funds prohibited by Ohio ethics law, Chapter 102. of the Revised Code, and other relevant policies.

(F) The CDJFS shall include the following information on all printed or promotional items:

(1) The ODJFS fraud logo; and

(2) Information for reporting fraud:

(a) Using the ODJFS report fraud website, http://jfs.ohio.gov/fraud; or

(b) Using the CDJFS contact information, including county name, phone number, or website.

(G) The CDJFS shall report expenditures through the CFIS, using coding established for this allocation, as described in rule 5101:9-7-29 of the Administrative Code.

(H) The definitions, requirements, and responsibilities contained in rule 5101:9-6-50 of the Administrative Code are applicable to this rule.

Last updated April 22, 2026 at 7:46 AM

History

Effective: April 22, 2026
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-6-80 State child support allocations.

(A) The Ohio department of job and family services (ODJFS) issues state child support allocations to assist in provision of the non-federal share of allowable administrative program expenditures incurred in administration of the Title IV-D program. Additional non-federal share of funds is supplied by funds appropriated by the county commissioners from the county general fund or non Title IV-D program income and non Title IV-D fees.

(B) State child support allocations are distributed to the child support enforcement agency (CSEA) designated by the board of county commissioners pursuant to sections 329.40 and 3125.10 of the Revised Code. Failure to comply with the requirement of operating a Title IV-D child support enforcement agency will result in the county not receiving state child support allocations.

(C) ODJFS issues state child support allocations on a state fiscal year (SFY) basis. ODJFS communicates the funding and liquidation period for this allocation through the county finance information system (CFIS). The CSEA must expend funds by the end of the funding period and disburse and report expenditures no later than the end of the liquidation period.

(D) Methodology.

State child support funding shall be allocated using the following methodology:

(1) Ten per cent of the statewide amount shall be allocated evenly among all counties as a base amount;

(2) The remaining ninety per cent of the statewide amount shall be allocated based on the ratio of county performance for each category in this paragraph compared to the statewide performance for the same category, as reported on the most recent OCSE-157, "Child Support Enforcement Annual Data Report" (OCSE-157).

The OCSE-157, "Child Support Enforcement Annual Data Report" (2014) can be found at: https://www.acf.hhs.gov/css/resource/ocse-157-form-and-instructions.

(a) Twenty per cent shall be allocated to each county based upon their percentage of children with paternity established, derived by dividing the number of the county's children with paternity established by the statewide number of children with paternity established, as reported on line six of the OCSE-157 for the most recent federal fiscal year (FFY);

(b) Twenty per cent shall be allocated to each county based upon their percentage of cases with a support order established, derived by dividing the number of the county's cases with a support order established by the statewide number of cases with a support order established, as reported on line two of the OCSE-157 for the most recent FFY;

(c) Thirty-five per cent shall be allocated to each county based upon their percentage of dollars allocated to current support, derived by dividing the amount of dollars allocated to current support on the county's cases by the amount of dollars allocated to current support statewide, as reported on line twenty-five of the OCSE-157 for the most recent FFY; and

(d) Fifteen per cent shall be allocated to each county based upon their percentage of cases with an allocation to arrearages, derived by dividing the number of the county's cases with an allocation to arrearages by the statewide number of cases with an allocation to arrearages, as reported on line twenty-nine of the OCSE-157 for the most recent FFY.

(3) Where a CSEA encompasses multiple counties, the CSEA receives the allocations for each county represented under the CSEA.

(E) ODJFS caps the allocation amounts as follows:

(1) Effective in SFY 2019, the maximum increase or decrease in a county allocation will be limited to twenty per cent of the difference between the new earned allocation as compared to the prior state fiscal year allocation;

(2) Effective in SFY 2020, the maximum increase or decrease in a county allocation will be limited to forty per cent of the difference between the earned allocation as compared to the prior state fiscal year allocation;

(3) Effective in SFY 2021, the maximum increase or decrease in a county allocation will be limited to sixty per cent of the difference between the earned allocation as compared to the prior state fiscal year allocation;

(4) Effective in SFY 2022, the maximum increase or decrease in a county allocation will be limited to eighty per cent of the difference between the earned allocation as compared to the prior state fiscal year allocation; and

(5) Effective in SFY 2023, there shall be no maximum increase or decrease in a county allocation under paragraph (D) of this rule.

(F) The CSEA shall certify expenditures as described in rule 5101:9-7-29 of the Administrative Code.

(G) The definitions, requirements, and responsibilities contained in rule 5101:9-6-50 of the Administrative Code are applicable to this rule.

Last updated September 1, 2023 at 8:58 AM

History

Effective: September 1, 2023
Promulgated Under: 119.03

Ohio Adm.Code 5101:9-6-82 Inter-county adjustment of allocations.

(A) The ICAA is a process for county family services agencies (CFSAs), as defined in rule 5101:9-6-50 of the Administrative Code, to facilitate inter-county allocation requests for additional and/or release of funds.

(B) Subject to the requirement of this rule, the Ohio department of job and family services (ODJFS) will execute the request to adjust allocated funds based on the completion, acceptance, and submission of the inter-county transfer budget request in the county finance information system (CFIS). Proposed transactions and final agreements regarding the adjustment of funds will be initiated and entered into by the agencies involved. ODJFS will not be a party to or participate in any proposed or final inter-county adjustment agreements with any CFSA. However, in the event there are funding problems with one or more of the funds, the director of ODJFS may limit fund sources, either partially or totally, that are available for an exchange of allocation amounts between counties.

(C) ODJFS notifies the CFSA of county allocation funding levels through subgrant notices issued through CFIS. The allocation amounts listed in the CFIS notice, less any draws against the allocation amounts, will be the maximum amount eligible for ICAA funds.

(D) If statewide budget reductions or increases occur during the funding period, changes to the CFSA budget will be based on the budget amounts that ODJFS has on record as of the effective date for the announced budget change. The funding period is the period in which services are performed and/or provided. Pending adjustments will not be a factor in the calculation.

(E) Inter-county agreements can only be made between similar CFSAs. Agreements involving public assistance (PA) funds can only be made between county departments of job and family services (CDJFSs). Agreements involving public children service agency (PCSA) funds can only be made between PCSAs. Agreements involving child support enforcement agency (CSEA) funds can only be made between CSEAs.

(F) When two CFSAs agree to an inter-county transfer of funding, each CFSA shall complete the inter-county transfer budget request in CFIS which shall serve as the agreement between the county directors involved in the transaction.

(1) The director of the CFSA or another designee releasing funds is certifying the following when submitting an inter-county transfer budget request in CFIS:

(a) Sufficient funding levels remain to provide mandated services for the remainder of the funding period;

(b) If the funding source is temporary assistance for needy families (TANF), Ohio works first (OWF), medicaid, or food assistance (FA) funding, all mandated services for the remainder of the state fiscal year (SFY) will be provided, regardless of funding; and

(2) A resolution passed by the board of county commissioners of each county shall be attached to the inter-county transfer budget request in CFIS.

(3) The board of county commissioners may pass a resolution:

(a) Assigning authority to the director of the CFSA to serve as their designee on behalf of the county for a specific period of time to release and/or accept funds;

(b) Assigning authority to another party to serve as designee on behalf of the county for a specific period of time to release and/or accept funds; or

(4) The submittal of the inter-county transfer budget request in CFIS will serve as a request fora budget transfer adjustment by a CFSA.

(a) An ICAA can be processed anytime during the funding period of a budget.

(b) During the liquidation period of a budget an ICAA can only be processed within the time frame communicated by ODJFS on a quarterly basis.

(G) Upon the timely receipt of a properly completed inter-county transfer budget request in CFIS and county commissioner resolution(s), ODJFS will execute the requested adjustment of funds from the counties involved in the transaction.

(1) ODJFS will reduce the allocation for funds as specified on the inter-county transfer budget request in CFIS;

(2) ODJFS will increase the allocation for funds as specified on the inter-county transfer budget request in CFIS; and

(3) Upon completion of the fund-adjustment, subgrant notices are available in CFIS.

(H) The approval by ODJFS to adjust the allocation of a CFSA pursuant to this rule is for the funding and liquidation period during the fiscal year in which it is made and does not obligate ODJFS to any future allocation increase to the CFSA.

(I) Nothing in this rule should be interpreted or construed to replace, amend, or supersede the requirements of rule 5101:9-6-02 of the Administrative Code.

(J) The definitions, requirements and responsibilities contained in rule 5101:9-6-50 of the Administrative Code are applicable to this rule.

Last updated June 20, 2024 at 4:33 PM

History

Effective: June 17, 2024
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-6-83 Child support enforcement agency (CSEA) administrative fund.

(A) Each child support enforcement agency (CSEA) shall create an administrative fund for the operation of a child support enforcement program.

(B) The administrative fund shall be used for the deposit and disbursement of child support funds as follows:

(1) Deposits include, but are not limited to:

(a) Federal, state, and local revenues including state and county general revenue funds and federal financial participation (FFP) funds;

(b) Federal incentives;

(d) Title IV-D application and other miscellaneous fees;

(e) Investment income;

(f) Unclaimed collections that have lost unclaimed status; and

(g) Fines that the CSEA has retained.

(2) Disbursements include, but are not limited to:

(a) Allocated shared costs for combined agencies to public assistance (PA) fund;

(b) Countywide central service costs assigned to the CSEA;

(d) Administrative expenses related to the operation of the child support program.

(C) The CSEA shall report receipts and disbursements for the child support administrative fund in accordance with rule 5101:9-7-29 of the Administrative Code.

Last updated May 11, 2026 at 1:00 PM

History

Effective: August 29, 2011
Promulgated Under: 119.03

Ohio Adm.Code 5101:9-6-90 Child support enforcement agency (CSEA) funding.

(A) Purpose.

This rule describes the funding of the CSEA and the Title IV-D program administered by the Ohio department of job and family services (ODJFS).

Subject to the availability of federal funds and appropriations made by the Ohio general assembly, ODJFS will make state and federal funds available to the CSEA for allowable child support operating expenses.

(B) Administrative fund.

In accordance with rule 5101:9-6-83 of the Administrative Code, each CSEA has an administrative fund for the operation of a child support enforcement program. The CSEA deposits all child support funding into the child support administrative fund in accordance with 2 C.F.R. 200, 45 C.F.R. 75, and 45 C.F.R. 304 as in effect February 1, 2025.

The CSEA may use the following types of funding for Title IV-D expenditures:

(1) Federal Title IV-D.

ODJFS issues funding for federal Title IV-D allowable costs at sixty-six per cent federal financial participation (FFP) rate as described in rule 5101:12-1-50 of the Administrative Code. FFP reimbursement is available for reasonable and necessary CSEA expenditures for Title IV-D services and activities properly attributable to the operation of the support enforcement program. The catalog of federal domestic assistance (CFDA), as in effect on the effective date of this rule, number for this funding source is 93.563.

(2) Federal child support incentives.

ODJFS issues Ohio's federal incentive payments to the CSEA as described in rule 5101:9-6-30 of the Administrative Code. The CFDA number for these payments is 93.563.

(3) Match.

The CSEA uses state and local funds for the thirty-four per cent nonfederal share of eligible costs; the difference between the percentage of FFP and one hundred per cent. The CSEA may use any of the following as the nonfederal share:

(a) The state child support allocation as described in rule 5101:9-6-80 of the Administrative Code.

(b) The child, family and community protective services allocation as described in rule 5101:9-6-12.4 of the Administrative Code.

(d) Incentives earned on medical support payments.

(e) Funds appropriated by the county commissioners from the county general fund.

(f) The following revenues received from non Title IV-D case activity:

(i) Processing charges received from non income withholding collections on non Title IV-D cases;

(ii) Interest; and

(iii) Copying charges.

(g) Public funds, other than those derived from private resources, under the following conditions:

(i) The funds are appropriated directly to the CSEA;

(ii) The funds are from another public agency and are treated as follows:

(a) Transferred to the CSEA and are under the CSEA's administrative control; or

(b) Certified by the contributing public agency as representing expenditures under the ODJFS Title IV-D state plan, subject to the limitations of this rule.

(iii) The funds are not federal funds, unless authorized by federal law to be used to match other funds; or

(iv) The funds are not used to match other federal funds.

(4) Program income.

The CSEA uses revenues resulting from Title IV-D case activity for the operation of the child support program. Details regarding Title IV-D program income are available in rule 5101:12-1-53 of the Administrative Code.

(a) The CSEA deducts Title IV-D program income revenue from expenditures reported for federal reimbursement.

(b) The CSEA does not use Title IV-D program income as any portion of the nonfederal share of program funding.

(5) Non-allowable or non-reimbursable costs are not eligible for federal or state financial participation. These costs are met through one hundred per cent local funds.

(D) Draws and reporting.

The CSEA may access federal funds and its state allocation via cash draws through the county finance information system (CFIS).

(1) The CSEA determines the source of the state or local match and draws the funding accordingly.

(a) If the CSEA is using state funds for the match, the CSEA may draw the federal portion of sixty-six per cent and the state portion of thirty-four per cent of the total expenditures.

(i) State funding available is limited to the state fiscal year (SFY) allocation for the CSEA.

(ii) The SFY is July first through June thirtieth.

(b) If the CSEA is using local funds for the match, the CSEA only draws the federal portion of sixty-six per cent.

(2) The CSEA reports expenditures as described in rule 5101:9-7-29 of the Administrative Code. The CSEA claims administrative costs through the random moment sample (RMS) process as described in rule 5101:9-7-23 of the Administrative Code.

Last updated May 27, 2025 at 7:41 AM

History

Effective: May 25, 2025
Promulgated Under: 119.03

Ohio Adm.Code 5101:9-6-94 Child support enforcement agency (CSEA) projects funding.

(A) The Ohio department of job and family services (ODJFS) issues funding to child support enforcement agencies (CSEAs) for the administration of special project opportunities that further the national and state child support mission and goals.

(B) Projects may be funded by federal or state funding. Opportunities for special projects may be made available to counties via the United States department of health and human services (HHS) office of child support enforcement (OCSE) or ODJFS office of child support (OCS).

(1) The HHS OCSE offers two types of discretionary project opportunities: Section 1115 of the Social Security Act, 42 U.S.C. 1315 (9/2014) demonstration grants and special improvement project (SIP) grants.

(2) Upon HHS approval, ODJFS will allocate project funding to a participating CSEA. Each CSEA with an approved project shall utilize the funding in accordance with the grant award letter received from HHS. The assistance listing number (ALN) for this funding will be included in the federal grant award letter.

(D) Statewide initiatives.

(1) ODJFS may issue state or federal child support training funding to assist CSEAs in providing training for county CSEA employees. ODJFS will issue guidance on the utilization of any statewide initiatives.

(2) ODJFS will communicate the type of funding used via allocation letters from the county finance information system (CFIS).

(E) ODJFS will communicate the funding and liquidation periods for all funding through CFIS. The CSEA shall report receipts and disbursements as described in rule 5101:9-7-29 of the Administrative Code.

(F) The definitions, requirements, and responsibilities contained in rule 5101:9-6-50 of the Administrative Code are applicable to this rule.

Last updated April 19, 2022 at 8:59 AM

History

Effective: April 18, 2022
Promulgated Under: 119.03

Chapter 5101:9-7 Costs and Financial Reporting and Reimbursement

Ohio Adm.Code 5101:9-7-01 Public children services agency (PCSA) financing.

The following accounting procedures are necessary for state and local accountability in the allocation of state and federal funds.

(A) Financing

(1) Each county shall create and maintain a single PCSA fund into which funds shall be deposited monthly for the operation of children services programs.

(2) Available funds are limited by state appropriation and federal award.

(3) The Ohio department of job and family services (ODJFS) notifies the PCSA on an annual basis, of the amount of the state child protective allocation (SCPA) advance the agency will receive for each quarter.

(4) ODJFS reimburses the county for allowable expenditures when the quarterly reconciliation is finalized.

(5) Advances and reimbursements through the county finance information system (CFIS) are issued via electronic fund transfer (EFT).

(B) The PCSA shall report quarterly receipts and disbursements to the PCSA fund as described in rule 5101:9-7-29 of the Administrative Code.

(1) Receipts to, and expenditures from this fund may include: emergency services assistance, SCPA, Title IV-E, Title IV-B, medicaid, Title IV-A and kinship care, independent living, local, foster care maintenance, post adoption special services subsidy, basic child abuse and neglect, and other local/state/federal funds.

(2) A stand alone PCSA shall establish agreements with the county department of job and family services (CDJFS) for the cash transfer of eligible funds that are deposited exclusively to the public assistance (PA) fund.

(3) Grants, endowments, levy and other funds designated for children services shall be deposited into the PCSA fund as necessary.

(1) A stand alone PCSA shall pay all expenses including administrative costs, foster care maintenance, contracts, and purchased services costs from the PCSA fund.

(2) A combined CDJFS/PCSA shall pay administrative costs for expenses allocated to PCSA operations from the PA fund and reimburse the PA fund from the PCSA fund. This reimbursement shall be reported as described in rule 5101:9-7-29 of the Administrative Code. Expenses such as foster care maintenance, children services contracts, and applicable purchased services costs shall be paid from the PCSA fund.

(D) The PCSA shall maintain the completed expenditure documentation in accordance with rule 5101:9-9-21 of the Administrative Code. This documentation may be subject to inspection, monitoring, and/or audit.

Last updated September 2, 2026 at 1:18 PM

History

Effective: September 3, 2021
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-7-01.1 Public children services agency (PCSA) quarterly reconciliation.

The following accounting procedures are necessary for local accountability in the reconciliation of state and federal funds.

(A) Quarter-end reporting

(1) The public children services agency (PCSA) is accountable for the children services fund as described in section 5101.144 of the Revised Code, is reconciled each quarter and shall review reports and make adjustments and/or corrections prior to the final approval and submission of financial data to the Ohio administrative knowledge system (OAKS) for the closing quarter. The PCSA has access to system reporting throughout the quarter to make ongoing adjustments/corrections.

(2) The PCSA has access to reports based on financial data submitted in county finance information system (CFIS) in accordance with rule 5101:9-7-29 of the Administrative Code.

(a) Each quarter's over/under report is cumulative over the lifetime of the funding source.

(b) The PCSA is given five business days after the eighteenth day of the month following the last month of the quarter to review the reports for accuracy.

(3) No later than five business days after the eighteenth day of the month following the last month of the quarter, the PCSA shall submit any final adjustments and/or revisions to OAKS.

When the eighteenth day of the month falls on a weekend or state recognized holiday, the PCSA shall submit on the first business day following the weekend or recognized holiday.

(a) Once the five-day review period is complete, the Ohio department of job and family services (ODJFS) suspends reporting access to OAKS for the closing quarter to begin the quarter reconciliation process.

(b) The PCSA shall make any allowable changes that arise after the five-day review period to open grants in the current quarter.

(B) Quarter reconciliation

(1) ODJFS reconciles state funded allocations and federally funded subgrants at the end of their liquidation period.

(2) ODJFS uses allocated and approved financial data submitted by the PCSA in accordance with rule 5101:9-7-29 of the Administrative Code to identify quarterly reimbursement amounts for allowable costs.

(3) ODJFS may make adjustments as necessary to fully reconcile federal grants and/or state allocations that are being closed.

(a) If the total of reported expenditures and adjustments in all funding sources being closed exceeds advances in all funding sources being closed, ODJFS may issue additional funds on closed grants by electronic funds transfer (EFT).

(b) If reported expenditures and adjustments in all funding sources being closed is less than advances in all funding sources being closed, ODJFS may request payment from the PCSA.

(1) After the reconciliation process as described in paragraph (B) of this rule for each PCSA, and at the discretion of the ODJFS director, available grants and/or allocations may be redistributed.

(a) ODJFS may determine on a statewide basis the amount of available grants and/or allocations that may be redistributed.

(b) A PCSA that has excess expenditures in the relevant grants and/or allocations that are redistributed, will receive a budget notification in CFIS.

(D) Title IV-E quarter reimbursement

(1) ODJFS uses allocated and approved financial data submitted by the PCSA in accordance with rule 5101:9-7-29 of the Administrative Code to identify quarterly Title IV-E allowable reimbursement costs for:

(a) Title IV-E administration and training expenditures identified via the reconciliation/certification of funds process as described in rule 5101:9-6-28 of the Administrative Code; and

(b) Title IV-E direct contract costs as described in rule 5101:9-4-09 of the Administrative Code.

(2) Any PCSA that submits after the eighteenth day of the month following the last month of the quarter will be reimbursed on a delayed basis.

(3) ODJFS will forward the quarterly reimbursements to the PCSA by EFT.

(E) The PCSA shall retain reconciliation documentation in accordance with the records retention requirements in rule 5101:9-9-21 of the Administrative Code. This documentation may be subject to inspection, monitoring, and audit by ODJFS and the Ohio auditor of state.

Last updated September 2, 2026 at 1:18 PM

History

Effective: May 5, 2025
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-7-02 Child support enforcement agency (CSEA) financing and cash management.

The following accounting procedures are necessary for local accountability in the allocation of federal and state funds.

(A) Financing.

The total cash payments made by the Ohio department of job and family services (ODJFS) to the CSEA administrative fund are disbursed weekly upon receipt of the CSEA cash draw request for funds. Available funds are limited by the state appropriations and federal grant awards. All payments are issued via electronic funds transfer (EFT).

(B) Cash management.

When a CSEA is funded on a reimbursement basis, program costs are paid by local funds before reimbursement is requested. When funds are drawn in advance, the CSEA follows procedures to minimize the time elapsing between the transfer of funds from the state and local disbursement. Disbursements to a CSEA administering federal programs shall cover allowable expenditures consistent with federal and state regulation.

(1) Requests for cash draws may be submitted weekly and are normally processed by ODJFS in six business days. In accordance with 2 C.F.R. 200.305 (b)(1), as in effect on March 1, 2025, cash drawn in advance is limited to the minimum amount needed for actual, immediate needs. The CSEA will have cash management procedures in place to ensure the time elapsing between the receipt of funds and the disbursement of funds does not exceed a ten-day average for all federal funding.

(2) Cash drawn is traceable to a level of program expenditures adequate to establish that such funds have not been used in violation of the restrictions and prohibitions of applicable rules and regulations. The accounting systems of the CSEA supports internal controls necessary to insure federal grants and state funds remain separated on a grant, program, or project basis.

(1) At the end of each quarter, the CSEA reviews the county finance information system (CFIS) cash on hand report that calculates each CSEA's average days' cash on hand for all federal funding on an individual grant basis. This information is based on expenditures and cash draws reported in CFIS in accordance with rule 5101:9-7-29 of the Administrative Code.

(2) At the end of each quarter, CFIS calculates the average days' cash on hand on an individual grant basis as follows:

(a) The excess cash on hand is calculated by deducting reported expenditures over the lifetime of the funding source, up to the budgeted amount, from the total amount of cash draws over the lifetime of the funding source;

(i) The CSEA will have excess cash on hand when the calculation in paragraph (C)(2) of this rule results in a positive number.

(ii) The CSEA operates on a reimbursement basis as stated in paragraph (C)(2) of this rule when the calculation results in a negative number.

(b) The average expenditures is calculated by dividing the total reported expenditures by the number of calendar days the funding has been available; and

(c) The average days' cash on hand is calculated by dividing the excess cash on hand from paragraph (C)(2)(a)(i) of this rule by the average daily expenditures in paragraph (C)(2)(b) of this rule.

(3) ODJFS will monitor quarterly average days' cash on hand results and notify the CSEA if the average days' cash on hand calculation results in noncompliance of cash management protocols.

(a) If an event, beyond the reasonable control of the CSEA, results in noncompliance of the cash managementprotocols, the CSEA documents the event and, upon request of ODJFS, provide the documentation to the ODJFS office of fiscal and monitoring services.

(b) If circumstances resulting in the noncompliance are caused by internal control deficiencies or operational processes, the CSEA documents the steps implemented to avoid a reoccurrence and, upon request of ODJFS, provide the documentation to the ODJFS office of fiscal and monitoring services.

(c) ODJFS may take additional action to ensure the cash management practices of the CSEA are in compliance with paragraph (B)(1) of this rule.

(D) Quarterly interest calculation and reconciliation.

An interest liability accrues if federal funds are received prior to the day the funds are paid. A CSEA calculates and reports earned interest quarterly as a receipt. Earned interest can only be used for the intended program and is held in the local account.

(1) Interest on excess cash on hand is compounded daily and calculated by the CSEA using either the average monthly interest rate earned or "State Treasury Asset Reserve of Ohio" (STAR Ohio) rates found at www.STAROhio.com.

(2) As part of the quarterly interest reconciliation, the CSEA may take into consideration the months in which the CSEA used local funds for program purposes other than for local match and therefore operated on a reimbursement basis, providing the CSEA requests funds timely as set forth in this rule. When the monthly interest liability is a negative number and the CSEA has documentation identifying the funds used as local funds, the resulting negative number may be used to offset any interest liability from other months during the quarter. The format of the quarterly reconciliation will include, at a minimum, the following:

(a) The monthly interest liability owed by the CSEA or the monthly offsetting interest liability based upon the CSEA using local funds for program purposes for each applicable federal program allocation.

(b) The total net interest liability owed by the CSEA or the total net offsetting interest liability based upon the CSEA using local funds for program purposes for each applicable federal program allocation for the quarter.

(c) The total net interest liability owed by the CSEA or the total net offsetting interest liability based upon the CSEA using local funds for program purposes for each applicable federal program allocation for the federal fiscal year (FFY). In accordance with 2 C.F.R. 200.305 (b)(12), as in effect on March 1, 2025, a CSEA, as subgrantee, may keep interest amounts up to five hundred dollars per year for administrative expenses.

(3) For each applicable federal program allocation with a total net interest liability in excess of five hundred dollars for each FFY, the CSEA reports the net interest liability as a reduction to expenditures in the subsequent quarterly expenditure report.

The "net interest liability" is defined as a positive number calculated in the quarterly reconciliation.

(4) For each applicable federal program allocation with a negative total net offsetting interest liability (a negative number calculated in the quarterly reconciliation), no adjustment to program income will be necessary. ODJFS is not liable to the CSEA for any interest liability based upon the CSEA using local funds for program purposes.

(5) The CSEA maintains quarterly interest reconciliation documentation in accordance with the records retention guidelines in rule 5101:9-9-21 of the Administrative Code. This documentation may be subject to inspection, monitoring, and audit by ODJFS and the Ohio auditor of state.

Last updated May 15, 2025 at 8:10 AM

History

Effective: May 15, 2025
Promulgated Under: 119.03

Ohio Adm.Code 5101:9-7-02.1 Child support enforcement agency (CSEA) quarterly reconciliation.

The following accounting procedures are necessary for state and local accountability in the reconciliation of federal and state funds.

(A) Quarter-end reporting.

(1) The CSEA is accountable for the child support fund as reconciled each quarter and shall review reports and make adjustments and/or corrections prior to the final approval and submission of financial data to the Ohio administrative knowledge system (OAKS) for the closing quarter. The CSEA has access to system reporting throughout the quarter in order to make ongoing adjustments/corrections.

(2) The CSEA will have access to reports based on financial data submitted in the county finance information system (CFIS) in accordance with rule 5101:9-7-29 of the Administrative Code.

(a) Each quarter's over/under report is cumulative over the lifetime of the funding source.

(b) The CSEA is given five business days after the eighteenth day of the month following the last month of the quarter to review the reports for accuracy.

(3) No later than five business days after the eighteenth day of the month following the last month of the quarter, the CSEA shall submit any final adjustments and/or revisions to OAKS.

(a) Once the five-day review period is complete, the Ohio department of job and family services (ODJFS) suspends reporting access to CFIS for the closing quarter in order to begin the quarter reconciliation process.

(b) The CSEA shall make any allowable changes that arise after the five-day review period to open grants in the current quarter.

(B) The CSEA can complete adjusting draws in CFIS prior to the end of the five-day review period.

(1) ODJFS notifies the CSEA when the quarter reconciliation process is completed. The CSEA shall review the reports for accuracy and immediately notify ODJFS of any discrepancies.

(2) State funded allocations and federally funded subgrants are reconciled at the end of their period of availability. The period of availability includes the funding period and the liquidation period.

(3) ODJFS may make adjustments as necessary to fully reconcile federal grants and/or state allocations that are being closed.

(a) If reported expenditures and adjustments in all funding sources exceeds cash drawn in all funding sources being closed, ODJFS may issue additional funds on closed grants.

(b) If the total of reported expenditures and adjustments in all funding sources being closed is less than cash drawn in all funding sources being closed, ODJFS may adjust draws in open available grants.

(D) The CSEA shall retain financial, programmatic, statistical, recipient records, and supporting documents in accordance with the records retention requirements outlined in rule 5101:9-9-21 of the Administrative Code. This documentation may be subject to inspection, monitoring, and audit by ODJFS and the Ohio auditor of state.

Last updated May 2, 2025 at 9:08 AM

History

Effective: January 20, 2020
Promulgated Under: 119.03

Ohio Adm.Code 5101:9-7-03 Public assistance (PA) financing and cash management.

The following accounting procedures are necessary for state and local accountability in the allocation of federal and state funds.

(A) Financing

The total cash payments to the public assistance (PA) fund are disbursed weekly to the county department of job and family services (CDJFS), upon receipt of the CDJFS draw request for funds. Available funds are limited by state appropriations and federal grant awards. All payments are issued via electronic funds transfer (EFT).

(B) Cash management

When a CDJFS is funded on a reimbursement basis, program costs are paid by local funds before reimbursement is requested. When funds are drawn in advance, the CDJFS shall follow procedures to minimize the time elapsing between the transfer of funds from the state and local disbursement. Disbursements to a CDJFS administering federal programs shall cover allowable expenditures consistent with federal and state regulations.

(1) Requests for cash draws may be submitted weekly and are processed by the Ohio department of job and family services (ODJFS) in six working days. In accordance with 45 C.F.R. part 75 subpart D, section 75.305, cash drawn in advance must be limited to the minimum amount needed for actual, immediate requirements. The CDJFS shall have cash management procedures in place to ensure the time elapsing between the receipt of funds and the disbursement of funds does not exceed a ten day average for all federal funding.

(2) Cash drawn shall be traceable to program expenditures sufficient to establish such funds have not been used in violation of the restrictions and prohibitions of applicable rules and regulations. The accounting systems of the CDJFS shall support internal controls necessary to insure federal grants and state funds remain separated on a grant, program, or project basis.

(1) The county finance information system (CFIS) calculates the average number of days of cash on hand on an individual grant basis. This information is based on expenditures and cash draws reported in CFIS in accordance with rule 5101:9-7-29 of the Administrative Code and reflected in the CFIS over/under report. The average number of days of cash on hand is calculated as follows:

(a) The cash on hand amount is calculated by deducting the reported expenditures over the lifetime of the funding source, up to the budgeted amount from the total amount of cash draws over the lifetime of the funding source;

(b) The daily average expenditure amount is calculated by dividing the total reported expenditures by the number of calendar days the funding has been available; and

(c) The average number of days of cash on hand is calculated by dividing the cash on hand from paragraph (C)(1)(a) of this rule by the average daily expenditures in paragraph (C)(1)(b) of this rule.

(2) At the end of each quarter, the CDJFS shall review the CFIS cash on hand report to ensure compliance with paragraph (B)(1) of this rule.

(a) If an event, beyond the reasonable control of the CDJFS, results in noncompliance with the cash management requirements, the CDJFS shall document the event.

(b) If circumstances resulting in the noncompliance are caused by internal control deficiencies or operational processes, the CDJFS shall document the steps implemented to avoid a reoccurrence.

(3) Continued non-compliance may result in ODJFS restricting the agency's draws to ensure the cash management practices of the CDJFS are in compliance with paragraph (B)(1) of this rule.

(D) Quarterly interest calculation and reconciliation liability

An interest liability accrues if federal funds are received prior to the day the funds are paid. A CDJFS shall calculate and report earned interest quarterly as a receipt, in accordance with paragraph (D)(1) of this rule. Earned interest can only be used for the intended program and held in the local account.

(1) For each applicable federal program allocation with a total net interest liability in excess of five hundred dollars for the life of the grant, the CDJFS shall report the net interest liability as a reduction to expenditures on the subsequent quarterly expenditure report.

(2) For each applicable federal program allocation with a negative total net offsetting interest liability, no adjustment to program income will be necessary. The ODJFS will not be liable to the CDJFS for any interest liability based upon the CDJFS using local funds for program purposes.

(3) The CDJFS shall maintain documentation in accordance with the records retention requirements outlined in rule 5101:9-9-21 of the Administrative Code. This documentation may be subject to inspection, monitoring, and audit by the ODJFS and the Ohio auditor of state.

Last updated December 23, 2021 at 5:07 AM

History

Effective: December 23, 2021
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-7-03.1 Public assistance (PA) quarterly reconciliation.

The following accounting procedures are necessary for state and local accountability in the reconciliation of federal and state funds.

(A) Quarter-end reporting

(1) The county department of job and family services (CDJFS) is accountable for the PA fund as reconciled each quarter. The CDJFS shall review reports and make adjustments and/or corrections prior submitting any quarterly report to the Ohio department of job and family services (ODJFS). The CDJFS shall submit all quarterly reports to ODJFS through the Ohio administrative knowledge system (OAKS).

(2) The CDJFS has access to reports based on financial data submitted in county finance information system (CFIS) in accordance with rule 5101:9-7-29 of the Administrative Code.

(a) Each quarter's over/under report is cumulative over the lifetime of the funding source.

(b) The CDJFS is given five business days after the eighteenth day of the month following the last month of the quarter to review reports for accuracy.

(3) No later than five business days after the eighteenth day of the month following the last month of the quarter, the CDJFS shall submit any fiscal adjustments and/or revisions to OAKS.

When the eighteenth day of the month falls on a weekend or state recognized holiday, the CDJFS shall submit on the first business day following the weekend or recognized holiday.

(a) Once the five-day review period is complete, ODJFS suspends reporting access in OAKS for the closing quarter in order to begin the quarter reconciliation process.

(b) The CDJFS shall make any allowable fiscal changes that arise after the five-day review period to open grants in the current quarter.

(B) The CDJFS can complete adjusting draws in CFIS prior to the end of the five-day review period.

(1) The ODJFS reconciles refunds and collections at the end of each quarter.

(2) ODJFS reconciles state funded allocations and federally funded subgrants at the end of the liquidation period.

(3) ODJFS may make cash adjustments as necessary to fully reconcile federal grants and/or state allocations that are being closed.

(a) If the total of reported expenditures and adjustments in all funding sources being closed exceeds cash drawn in all funding sources being closed, ODJFS may issue additional funds on closed grants.

(b) If reported expenditures and adjustments in all funding sources being closed is less than cash drawn in all funding sources being closed, ODJFS may adjust draws in open available grants.

(4) Upon completion of the requirements in paragraphs (C)(1) and (C)(2) of this rule, ODJFS completes closeout vouchers that are available in CFIS.

(D) Grant closeout

(1) After the reconciliation process described in paragraph (C) of this rule for each CDJFS, and at the discretion of the ODJFS director, available grants and/or allocations may be redistributed.

(2) ODJFS shall determine on a statewide basis the amount of available grants and/ or allocations that may be redistributed.

(3) After redistributions each CDJFS with a budget adjustment will receive a budget notification in CFIS.

(E) The CDJFS shall retain financial, programmatic, statistical, recipient records, and supporting documents in accordance with the records retention requirements outlined in rule 5101:9-9-21 of the Administrative Code. This documentation may be subject to inspection, monitoring, and audit by ODJFS and the Ohio auditor of state.

Last updated April 25, 2025 at 7:36 AM

History

Effective: April 25, 2025
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-7-04 Workforce Innovation and Opportunity Act (WIOA) local area financing and cash management.

The following accounting procedures are necessary for local accountability in the financing and cash management of federal and state funds.

(A) Financing.

The total cash payments to the WIOA local area are disbursed weekly to the area's designated fiscal agent, upon receipt of the draw request for funds. Each WIOA local area and subrecipients of the WIOA local area shall establish and maintain a workforce development fund to be used for all deposits and disbursements of funds for all WIOA activities. Available funds are limited by state appropriation and federal award. All payments are issued via electronic funds transfer (EFT) to the fiscal agent.

(B) Cash management.

When a WIOA local area is funded on a reimbursement basis, program costs are paid with local funds before reimbursement is requested. When funds are drawn in advance, the WIOA local area shall follow procedures to minimize the time elapsing between the transfer of funds from the state and local disbursement. Disbursements to a WIOA local area administering federal programs shall cover allowable expenditures consistent with federal and state regulations.

(1) A WIOA local area may submit requests for cash draws weekly. Requests are processed by ODJFS within six business days. In accordance with the Cash Management Improvement Act and Title 29 C.F.R. 97.20, cash drawn in advance must be limited to the minimum amount needed for actual, immediate requirements. The WIOA local area shall have written cash management procedures in place to ensure the time elapsing between the receipt of funds and the disbursement of funds does not exceed a ten-day average for all federal funding.

(2) Cash drawn shall be traceable to a level of program expenditures adequate to establish such funds have not been used in violation of the restrictions and prohibitions of applicable rules and regulations. The accounting systems of the WIOA local area shall support internal controls necessary to ensure the reporting of activity affiliated with federal grants and state funds remain separated on a grant, program, or project basis.

(1) The county finance information system (CFIS) calculates the WIOA local area's average number of days of cash on hand on an individual grant basis. This information is based on expenditures and cash draws reported in CFIS in accordance with rule 5101:9-7-29 of the Administrative Code and reflected on the CFIS over/under report. The average number of days of cash on hand is calculated as follows:

(a) The cash on hand amount is calculated by deducting the total reported expenditures over the lifetime of the funding source, up to the budgeted amount, from the total amount of cash draws over the lifetime of the funding source.

(b) The daily average expenditure amount is calculated by dividing the total reported expenditures by the number of calendar days the funding has been available; and

(c) The average number of days of cash on hand is calculated by dividing the cash on hand amount calculated in paragraph (C)(1)(a) of this rule by the average daily expenditures amount calculated in paragraph (C)(1)(b) of this rule.

(2) At the end of each quarter, the WIOA local area shall review the CFIS cash on hand report to ensure compliance with paragraph (B)(1) of this rule.

(a) If an event, beyond the reasonable control of the WIOA local area, results in non-compliance with the cash management requirements, the WIOA local area shall document the event.

(b) If circumstances resulting in the non-compliance are caused by internal control deficiencies or operational processes, the WIOA local area shall document the steps implemented to avoid a reoccurrence.

(3) Continued non-compliance may result in ODJFS restricting the agency's draws to ensure the cash management practices are in compliance with paragraph (B)(1) of this rule.

(D) Quarterly interest liability/program income.

An interest liability accrues if federal funds are received prior to the day the funds are paid. In accordance with 2 C.F.R. 200.305 (b)(9), up to five hundred dollars per year of interest earned may be retained by the WIOA local area for administrative purposes. Any additional interest earned on WIOA funds must be treated as program income and must be used before the WIOA local area requests additional WIOA draws. Reported earned interest must be expended before the end of the quarter in which it was received. A WIOA local area shall calculate, and report earned interest as a receipt in accordance with this rule. Earned interest can only be used for the intended program and shall be held in the local account.

(E) WIOA local area accruals and liquidations of accruals.

As expenditures are incurred, they become accrued expenses and shall be reported as accruals. At the time the accrual is liquidated (disbursed), the WIOA local area may draw down funds and shall report the disbursement of the accrual as expenditure for that quarter. All accruals shall be liquidated by the end of the period of availability.

(F) The WIOA local area shall maintain documentation in accordance with the records retention requirements in rule 5101:9-9-21 of the Administrative Code. This documentation may be subject to inspection, monitoring, and audit by ODJFS and the Ohio auditor of state.

Last updated March 14, 2022 at 8:32 AM

History

Effective: March 14, 2022
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-7-04.1 Workforce Innovation and Opportunity Act (WIOA) local area quarterly reconciliation.

The following accounting procedures are necessary for local accountability in the reconciliation of federal and state funds.

(A) Quarter-end reporting.

(1) The WIOA local area is accountable for the workforce development fund as reconciled each quarter and shall review reports and make adjustments and/or corrections prior to the final approval and submission of financial data to the Ohio administrative knowledge system (OAKS) for the closing quarter. The WIOA local area has access to system reporting throughout the quarter in order to make ongoing adjustments/corrections.

(2) The WIOA local area has access to reports based on financial data submitted in the county finance information system (CFIS) as described in rule 5101:9-7-29 of the Administrative Code.

(a) Each quarter's over/under report is cumulative over the lifetime of the funding source.

(b) The WIOA local area is given five business days after the eighteenth day of the month following the last month of the quarter to review reports for accuracy.

(3) No later than five business days after the eighteenth day of the month following the last month of the quarter, the local area shall submit any final adjustments and/or revisions to OAKS.

(b) The WIOA local area should complete closeout draws for the quarter during the five-day review period.

(c) The WIOA local area shall make any allowable changes that arise after the five-day review period to open grants in the current quarter.

(B) Quarter reconciliation.

(1) ODJFS notifies the WIOA local area when the quarter reconciliation process is completed. The WIOA local area shall review reports for accuracy and immediately notify ODJFS of any discrepancies.

(3) ODJFS may make adjustments as necessary to fully reconcile federal grants and/or state allocations that are being closed.

(a) If reported expenditures and adjustments in all funding sources being closed exceeds cash drawn in all funding sources being closed, ODJFS may issue additional funds on closed grants.

(C) The WIOA local area shall retain financial, programmatic, statistical, recipient records, and supporting documents as described in rule 5101:9-9-21 of the Administrative Code. This documentation may be subject to inspection, monitoring, and audit.

Last updated March 14, 2022 at 8:32 AM

History

Effective: March 14, 2022
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-7-05 Responsibilities of Workforce Innovation and Opportunity Act (WIOA) fiscal agents.

(A) A "WIOA Fiscal Agent" is an entity designated by the chief elected official in accordance with section 107(d)(12)(B)(i)(II) of WIOA to assist in the administration of WIOA grant funds under the direction of the local workforce development board. The WIOA fiscal agent must receive and manage all formula WIOA funds for the area and other federal, state, or local funds allocated to the local workforce area.

(B) The WIOA fiscal agent is responsible for the receipt, disbursement, accounting and reporting of all funds related to WIOA program operations including collection and disposition of program income generated by WIOA program activities pursuant to federal regulations.

(1) Subaward notification and advances

WIOA fiscal agents are responsible for notifying local WIOA sub-areas of subgrant awards, the assistance listings number of the subgrant, and the respective grant period of availability. WIOA fiscal agents are also responsible for ensuring processes are in place to minimize the time elapsing between receipt of WIOA funds and disbursement in order to maintain cash balance.

(a) WIOA fiscal agents maintain adequate systems of internal control over cash to ensure compliance with rules and regulations set forth in rule 5101:9-7-04 of the Administrative Code.

(b) WIOA fiscal agents ensure processes are in place to approve draw requests from and issue funding to local sub-areas.

(c) WIOA fiscal agents ensure processes are in place to amend budgets if necessary and must communicate amendments to local sub-areas.

(2) Reporting

WIOA fiscal agents are responsible for establishing the reporting practices to be utilized by WIOA sub-areas. The fiscal agent combines all local area financial data, which includes the compilation of all sub-area financial data and performs area-wide state reporting via county finance information system (CFIS) web as described in rule 5101:9-7-29 of the Administrative Code.

(a) The local WIOA area ensures its sub-areas utilize a unified financial reporting system for recording financial activity, generating and reporting financial statements, cash draws, and participant information.

(b) Fiscal agents allocate costs as described in rule 5101:9-7-20 of the Administrative Code. However, all WIOA stand-alone areas allocate their costs as described in rule 5101:9-31-17 of the Administrative Code.

(3) Reconciliation

Reconciliation involves the comparison and process of correction of local area financial data which includes the compilation of all sub-area financial data related to budgets, draws, net zero vouchers, expenditures and ceiling excess and effort reporting.

(a) The WIOA local area establishes a written reconciliation process which includes reconciling expenditures, receipts, accruals and obligations between sub-areas and the fiscal agent.

(i) The WIOA local areas complete the reconciliation process each quarter.

(ii) The WIOA local area reviews and updates, if necessary, their reconciliation process on an annual basis.

(b) The WIOA fiscal agent ensures that the combined disbursements, receipts, accruals, obligations and cash balance of sub-areas match those reported on the local area's quarterly certification submitted to the Ohio department of job and family services (ODJFS).

(c) The WIOA fiscal agent reviews CFIS web reports and makes adjustments and/or corrections prior to the final approval of the financial data for the last month of the quarter. The WIOA fiscal agent has access to system reporting throughout the quarter and can make ongoing adjustments/corrections as necessary.

(4) Monitoring

The WIOA fiscal agent is responsible for overseeing and monitoring the WIOA fiscal activities of their sub-areas, subrecipients and contractors to ensure compliance with all applicable state and federal requirements.

(a) The WIOA fiscal agent ensures expenditures are allocated against the appropriate cost categories and within cost limitations as specified in the WIOA plan, state and federal statutes and regulations.

(b) The WIOA fiscal agent communicates, in writing, to the local area and sub-areas all fiscal related monitoring reviews. If the monitoring review contains audit findings, the written communication should include appropriate corrective action steps necessary for compliance. The WIOA fiscal agent continues to monitor the continuous improvement plans to ensure the implementation of those corrective action steps.

(c) The WIOA fiscal agent provides technical assistance to local sub-areas regarding financial issues to maximize the effectiveness of the local sub-area.

(C) The local area maintains documentation in accordance with the records retention requirements in rule 5101:9-9-21 of the Administrative Code. This documentation may be subject to inspection, monitoring, and audit by the ODJFS office of fiscal and monitoring services (OFMS) and the Ohio auditor of state (AOS).

Last updated January 20, 2026 at 8:20 AM

History

Effective: January 16, 2026
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-7-06 Reporting collections and earnings on erroneous payment recoveries.

(A) An erroneous payment is a benefit payment or portion of a payment that was issued in error to an assistance group. When it has been determined that an erroneous payment has occurred, the county department of job and family services (CDJFS) attempts to recover the funds. The CDJFS may recover erroneous payments through benefit reduction or through cash collections. Erroneous payments collected by the CDJFS may qualify for additional earnings on the payments. Earnings for recovery of erroneous payments do not apply to participant expense allowances or other support service cash benefits.

(B) The CDJFS reports erroneous payment collections that qualify for earnings and the Ohio department of job and family services (ODJFS) issues earnings as follows:

(1) Disability financial assistance (DFA):

(a) The CDJFS deposits DFA cash collections in the public assistance (PA) fund and reports the collections on the JFS 02827 "CFIS Local Agency Quarterly Financial Statement" as outlined in rule 5101:9-7-29 of the Administrative Code.

(b) After the close of each quarter, ODJFS multiplies the reported amount by twenty-five per cent.

(2) Temporary assistance for needy families (TANF) or Ohio works first (OWF), defined as a cash benefit issued on or after October 1, 1996:

(a) The CDJFS deposits these TANF or OWF cash collections in the PA fund and reports the collections on the JFS 02827.

(b) The CDJFS does not report other forms of collection, including benefit reductions or proceeds from state tax offset program (STOP) on the JFS 02827. The CDJFS may verify earnings from collections amounts using its own county's Ohio benefits (OB) report.

(c) After the close of each quarter, ODJFS multiplies the combined reported amounts from the JFS 02827 and the OB report by twenty-five per cent.

(d) At the beginning of the federal fiscal year (FFY), ODJFS issues the calculated amount earned in the previous FFY as an allocation.

(e) The CDJFS uses earnings for recovery of erroneous aid to dependent children (ADC) payments that occurred after October 1, 1996 and TANF/OWF cash assistance payments only for TANF programs.

(3) ADC, defined as a cash benefit issued on or before September 30, 1996:

(a) The CDJFS deposits these ADC cash collections in the PA fund and reports the collections on the JFS 02827.

(b) The CDJFS does not report other forms of collection, including STOP and benefit reductions on the JFS 02827. The CDJFS may verify earnings from collections amounts using its own county's OB report.

(c) At the close of each quarter, ODJFS combines the reported amounts from the JFS 02827 and the OB report and multiplies that amount by the non-federal share percentage of 39.83 per cent to get the calculated non-federal share amount. The calculated non-federal share amount is also multiplied by the specific county participation mandated share rate. This result is subtracted from the fifty per cent non-federal share calculation.

(d) ODJFS issues the final calculated amount as an EFT to the county.

(4) Medicaid collections reported on or after July 1, 2004:

(a) The CDJFS deposits collections of erroneous payments in the PA fund and reports the cash collections as earnings from medicaid collections on the JFS 02827.

(b) After the close of each quarter, ODJFS calculates the reported amounts and multiplies by the current non-federal share percentage, which changes every FFY, effective October first, and then multiplies the product of that calculation by fifty per cent.

(5) Food assistance (FA):

(a) The CDJFS deposits cash collections of erroneous payments into the PA fund and report collections in OB and on the JFS 02827. The CDJFS does not report other forms of collections, including benefit reductions and treasury offset program (TOP) payments.

(b) At the end of each quarter, ODJFS uses the amounts reported in OB report to calculate the FA earnings from collections as outlined in rule 5101:4-8-23 of the Administrative Code. The CDJFS reports the receipt of the earnings on the JFS 02827 using codes established by ODJFS for this purpose.

(C) In addition to collections that are eligible for earnings, the CDJFS reports the following erroneous payment collections as receipts on the JFS 02827:

(1) Cancellations, collections, refunds, or other general assistance (GA) receipts;

(2) Collections of erroneous payments for family emergency assistance (FEA) medical;

(3) Collections of ADC erroneous payments made prior to October 1, 1987;

(4) Cancellations, collections, refunds, or other child care receipts;

(5) Collections of erroneous payments of early learning initiative (ELI) funds;

(6) Collections of erroneous payments of employment retention incentive (ERI) funds; and

(7) Collections of prevention, retention and contingency (PRC).

(D) ODJFS will include the erroneous payment collections, as reported on the JFS 02827, on the over/under report and collect them as part of the quarterly close calculation.

Last updated July 2, 2024 at 8:21 AM

History

Effective: June 30, 2024
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-7-10 Title XX social services block grant (SSBG) quarterly reporting.

(A) In accordance with Chapter 5101:2-25 of the Administrative Code, ODJFS issues federal and state social services funding to county department of job and family services (CDJFS) to assist in the delivery of social services directed toward the needs of children and adults.

(B) Pursuant to 45 C.F.R. part 96, states are required to report services provided by the CDJFS, using federal, state or local social services funds. The CDJFS may provide services through compact services, direct services, purchased services or grant agreements as defined in rule 5101:2-25-02 of the Administrative Code. The purpose of the SSBG quarterly summary reporting system is to collect social services expenditure data by county each quarter in order to complete annual federal reporting as mandated in 42 U.S.C. 1397e.

(C) Each CDJFS shall enter required service and expenditure data in the SSBG reporting system no later than the thirtieth day of the month following the last month of the quarter; e.g., October thirtieth for the July through September time period. The CDJFS shall submit a Title XX SSBG quarterly report even if SSBG direct services were not provided or purchased service expenditures were not made during the quarter.

Non-compliance with ODJFS reporting requirements may result in a delay of a county's draw request.

(D) SSBG quarterly reporting includes information from the following social services allocations:

(1) Title XX federal social services as described in rule 5101:9-6-12 of the Administrative Code;

(2) Title XX temporary assistance for needy families (TANF) transfer as described in rule 5101:9-6-12.1 of the Administrative Code;

(3) Adult protective services (APS) as described in rule 5101:9-6-14 of the Administrative Code.

(4) Social services operating (SSO) as described in rule 5101:9-6-10 of the Administrative Code; and

(5) Adult services and family services training as described in rule 5101:9-6-14.1 of the Administrative Code.

(E) Each CDJFS shall report the following information each quarter for any eligible Title XX service defined in 45 C.F.R. part 96, appendix A and the county's Title XX profile:

(1) The number of individuals who received services in whole or in part with social services funds showing separately the number of children and the number of adults who received such services;

(2) The total amount of social services funding spent in providing each service. The CDJFS shall report expenditure amounts for services provided by purchased services or agreements and by CDJFS staff as reported in the county finance and information system (CFIS) for the corresponding time period;

(a) The CDJFS shall report information for services provided through purchased service contracts or agreements in the quarter in which the CDJFS determines the services were paid.

(b) The CDJFS shall not report expenditures without any service counts on the Title XX social services quarterly reporting. However, the CDJFS can report data with no expenditures during the reporting period.

(c) The CDJFS shall report non-allocated costs as it relates to Title XX social services reporting. These are costs that are generated by the public children services agency (PCSA) paid for with Title XX and/or Title XX transfer funding. The "Certification of Funds" (CR512) is the report found in CFIS where counties capture the non-allocated expenditure information. The "4281 Report" (CR511) is the report found in CFIS where counties capture the eligibility ratio data used to determine the non-allocated data information.

(d) The CDJFS shall report information for services provided by the CDJFS staff in the quarter that the services were provided; and

(3) Whether the services were provided by public agencies, private agencies or both.

(a) "Public service" is defined as a service provided by any state, or local government; any department, agency special purpose district, workforce investment board or other instrumentality of a state or local government.

(b) "Private service" is defined as a service provided through a written contract between the local CDJFS and private non-profit agencies, private proprietary agencies or individual contractors.

(F) The CDJFS shall make any allowable adjustments and/or revisions that arise after quarterly reporting has been suspended in the first month of the following quarter.

Last updated August 29, 2022 at 8:32 AM

History

Effective: August 22, 2022
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-7-20 Income maintenance, workforce, social services, and child welfare random moment sample (RMS) time studies.

(A) The income maintenance random moment sample (IMRMS), workforce random moment sample (WFRMS), social services random moment sample (SSRMS), and child welfare random moment sample (CWRMS) time studies are designed to measure activity regarding various programs. The child support random moment sample (CSRMS) is described in rule 5101:9-7-23 of the Administrative Code.

(1) Data collected from these time studies are used to calculate allocation statistics used to distribute cost pool expenditures to the appropriate programs. The percentages are used by the county family services agencies (CFSA) and Workforce Innovation and Opportunity Act (WIOA) local areas to distribute administrative funds reported in accordance with rule 5101:9-7-29 of the Administrative Code.

(2) The RMS sampling period offsets the financial reporting quarter by one month as follows:

(a) First period: December, January, February for the January through March reporting quarter;

(b) Second period: March, April, May for the April through June reporting quarter;

(d) Fourth period: September, October, November for the October through December reporting quarter.

(B) Activities for each study are identified as follows:

(1) The IMRMS is designed to identify activities directly related to program functions benefiting one or more income maintenance programs; e.g., medicaid, food assistance, disability assistance. Additionally, social service and workforce investment activities may be included in the IMRMS if staff perform a combination of any two of those major program activities.

(2) The SSRMS is designed to identify activities directly related to program functions benefiting one or more social services programs; e.g., Title IV-E administration and training, Title XIX related to children. Additionally, income maintenance and workforce investment activities may be included in the SSRMS if staff perform a combination of any two of those major program activities.

(3) The WFRMS is designed to identify activities directly related to program functions benefiting one or more workforce investment programs; e.g., adult, dislocated worker, and youth programs.

(a) A WIOA stand alone local area shall reference rule 5101:9-31-17 of the Administrative Code to determine the cost allocation requirements. "WIOA stand alone local areas" are defined as workforce investment areas receiving only department of labor (DOL) funding from the Ohio department of job and family services (ODJFS) to administer their services. If the stand alone local area allocates costs by RMS, staff participate in the WFRMS time study.

(b) A combined CFSA having staff who work solely on workforce development activities and have therefore established a workforce development cost pool shall participate in the WFRMS, rather than the IMRMS or SSRMS.

(4) Stand alone public children services agencies (PCSA) are required to participate in the CWRMS time study. The CWRMS is designed to identify activities directly related to program functions benefiting one or more children's services programs; e.g., Title IV-E administration and training.

(C) Employees engaged in directly related program functions shall participate in the RMS time studies and cannot participate in more than one type of time study; i.e., IMRMS, SSRMS, CWRMS, or WFRMS.

Categories of positions generally excluded from the time study are:

(1) Administrative.

(2) Supervisory.

CFSA or WIOA local area may add a supervisor to the roster if the supervisor is providing direct services more than fifty per cent of the time. The agency shall retain documentation to support the inclusion of the position in the time study. The documentation shall include a copy of the position description signed by the current agency head. The agency is not required to maintain separate documentation if the position description includes, at a minimum:

(a) The directly related program activities or description of the direct services provided by the position; and

(b) The portion of time spent by the position on the program activities.

(3) Administrative support.

CFSA or WIOA local area may add an employee assigned to an administrative support position to the roster if the administrative support position provides direct services more than fifty per cent of the time. The agency shall retain documentation to support the inclusion of the position in the time study. The documentation shall include a copy of the position description signed by the current agency head. The agency is not required to maintain separate documentation if the position description includes, at a minimum:

(a) The directly related program activities or description of the direct services provided by the position; and

(b) The portion of time spent by the position on the program activities.

(D) Roster completion.

An RMS coordinator and alternate coordinator(s) must be assigned to administer each time study. Additional alternates may be needed based on the location of the sample population, the sample size, available staff time, and/or other pertinent factors. CFSA and WIOA local area must select at least one alternate to complete the RMS process in the coordinator's absence. The RMS coordinator may also be the coordinator for the random moment time study detailed in rule 5101:9-7-23 of the Administrative Code.

(1) Coordinator and alternate(s) responsibilities include reviewing and maintaining the RMS roster in the RMS system. The employee roster shall include, at a minimum:

(a) Position number: a unique identifier for each position to be used in the RMS.

(b) Employee name: the person filling the position.

(c) Position title: the county agency or WIOA stand alone local area has the option of including the classification title or position title.

(d) Staff work schedule: the actual employee work schedule is used.

(e) E-mail addresses: the e-mail address of the employee and the employee's supervisor.

(2) The RMS coordinator shall not include vacant positions on the RMS roster. If the vacancy is expected to remain unfilled through the majority of the next RMS observation period, the RMS coordinator shall remove the position from the RMS roster. Once the vacancy has been filled, the position shall be added back to the RMS roster by the RMS coordinator.

(3) RMS coordinators shall complete all rosters in RMS no later than five business days before the RMS sampling period begins.

(4) ODJFS approves the sample for the period by using the sample set submitted by the RMS coordinator in RMS.

(E) Observation completion.

(1) Roster members (employees) will receive an e-mail with a link to RMS at the time of the observation moment.

(2) The employee clicks on the RMS link included in the e-mail to access the observation moment.

(a) The employee selects the appropriate program and activity code.

(b) The employee is required to complete the comment section. Comments shall demonstrate that the selected program and activity codes support the work being performed by the assigned position at the time of the observation.

(i) An employee working on a case shall include a case number or other unique identifier establishing case/client identity.

(ii) An employee not working on a case enters comments. The employee shall ensure that adequate backup documentation is available to verify the activity being performed.

(iii) An employee attending a meeting or training at the time of the observation moment shall enter the title/subject, location, and facilitator.

(iv) An employee on break, at lunch, on leave or on personal business at the time of the observation shall indicate the position was idle.

(3) An employee receiving an observation moment will have forty-eight hours to respond, not including weekends or holidays.

(a) RMS generates a reminder e-mail notice to the employee and the employee's supervisor twelve hours after the moment has passed if the employee has not responded to the moment.

(b) RMS generates an additional reminder e-mail notice to the employee, the employee's supervisor, and RMS coordinator thirty-six hours after the moment has passed if the employee has not responded to the moment.

(c) If an employee fails to respond within the forty-eight-hour period, the observation moment will expire and RMS will not permit the employee to respond.

(4) The RMS coordinator may select an alternate response option upon notification by the employee or the employee's supervisor that the employee is unable to respond to the observation moment via e-mail within the forty-eight-hour observation period. The RMS coordinator shall note the reason for the substitution and shall document the response in the comments section on behalf of the employee.

(F) Observation moment expiration.

(1) An observation moment expires when there is no response. Expired moments may occur for the following:

(a) A position currently in a time study is idle due to a short-term absence when the observation moment occurs and the position is not reassigned to an employee who is not currently in the time study;

(b) A position is idle due to a vacancy and the position is not reassigned to an employee not currently in the time study; or

(2) Once a moment expires and is marked no response (not to be completed by the RMS coordinator), it becomes an invalid response and costs associated with that moment are distributed by the statistics derived from the valid responses.

(3) In accordance with federally accepted timelines, the RMS coordinator shall review and approve by accepting all observation moment responses within seventy-two hours.

(G) Number of observations.

The CFSA or WIOA local area may opt to produce more than the minimum observations per employee, to a maximum of five thousand total observations. A CFSA or WIOA local area electing to sample more than the minimum number of observations per period must request the desired number of samples in RMS. Once the extra moments are approved by ODJFS, they must be completed for that period.

(1) IMRMS.

(a) For the ten county agencies with the largest amount of IM cost pool expenditures: two thousand three hundred total observations.

(b) For the other county agencies: three hundred fifty-four total observations.

(2) WFRMS.

(a) For each WIOA stand alone local area or in a combined CFSA that has established a workforce cost pool with more than ten participating positions, the sample size per reporting period is a minimum of three hundred fifty-four total observations.

(b) For each WIOA stand alone local area or in a combined CFSA that has established a workforce cost pool with ten or less participating positions, the sample size per reporting period is a minimum of thirty-three observations per participating position.

(3) SSRMS and CWRMS.

(a) For county agencies with one to ten participating positions: thirty-three observations per position.

(b) For county agencies with eleven to seventy-four participating positions: three hundred fifty-four total observations.

(H) Quality assurance.

To assure sampling accuracy and quality control, for each sampling period, ten per cent of all IMRMS, WFRMS, SSRMS, and CWRMS observations are systematically selected from the total RMS observations, and are known as control observations.

Supervisors must validate at least forty per cent of the control observations for each sampling period.

(1) For the purposes of the RMS time study, a supervisor is:

(a) Identified for each roster position as stated in paragraph (D)(1)(e) of this rule, and;

(b) Shall have sufficient knowledge of the programs and activities performed by the employee(s) to determine the accuracy of the response.

(2) The supervisor shall be responsible for validation of responses within the same forty-eight-hour response period that is available to the employee.

(3) By approving the response, the supervisor is verifying that the appropriate program and activity was selected.

(4) After the supervisor approves the response, the RMS coordinator will accept the response within the time frame allotted as stated in paragraph (F)(3) of this rule.

(I) Absences and vacancies.

(1) For the purposes of the RMS time study:

(a) A position is idle due to an absence when the employee assigned to the position is on paid or unpaid leave but intends to return to work in the future.

(b) A position is idle due to a vacancy when the employee assigned to the position has left the position and does not intend to return. This includes situations in which an employee is promoted, demoted, transferred to another position or is separated from the agency.

(2) If a position is idle due to an absence or vacancy, the RMS coordinator may:

(a) Assign the position's duties to another employee or supervisor not currently in the time study. The RMS coordinator shall reassign the position to the new name and e-mail address of the employee or supervisor in RMS. The newly assigned employee or supervisor will receive the remaining notifications for the observation moments for the position in the sample quarter.

(b) Assign the position's duties to an employee currently in the time study and the employee is also fulfilling his or her originally assigned duties. The position is still idle. The employee will only receive and respond to observation moments for his or her originally assigned position.

(c) Assign the position's duties to another employee currently in the time study but the employee is no longer fulfilling his or her originally assigned duties. The employee will begin to receive and complete the observation moments assigned to the new position. The RMS coordinator will remove the employee's name and e-mail address from the employee's former position in RMS creating a vacancy in the employee's former position.

(d) Under no circumstances may an employee complete an observation moment for more than one position.

(J) The RMS coordinator must approve the RMS for the reporting period in RMS within five working days after the last moment has expired.

(K) The CFSA or WIOA stand alone local area shall retain documentation in accordance with the records retention requirements in rule 5101:9-9-21 of the Administrative Code.

(L) ODJFS maintains RMS coding information in the RMS system and on the ODJFS website.

(M) All CFSAs or combined WIOA local areas shall allocate their costs in accordance with this rule unless ODJFS has approved an alternate cost allocation method. All cost allocation must be in accordance with 45 C.F.R. 75.420, 45 C.F.R 75.430, and be approved by ODJFS.

Last updated February 28, 2025 at 7:52 AM

History

Effective: February 28, 2025
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-7-23 Child support random moment sample time study.

(A) The child support random moment sample (CSRMS) time study is designed to measure the activity of county child support enforcement agency (CSEA) staff related to child support program activities.

(1) Data collected from the time study are used to calculate allocation statistics used to distribute cost pool expenditures to the appropriate programs. The percentages are used by the CSEA to distribute administrative funds reported in accordance with rule 5101:9-7-29 of the Administrative Code.

(2) The CSRMS sampling period offsets the financial reporting quarter by one month as follows:

(a) First period: December, January, February for the January through March reporting quarter;

(b) Second period: March, April, May for the April through June reporting quarter;

(d) Fourth period: September, October, November for the October through December reporting quarter.

(B) For purposes of this rule, CSEA is defined as any county CSEA organizational structure outlined in rule 5101:9-1-16 of the Administrative Code. The income maintenance, workforce, social services, and child welfare random moment sample (RMS) time studies are described in rule 5101:9-7-20 of the Administrative Code.

(C) Employees engaged in directly related CSEA functions participate in the CSRMS time study and cannot participate in more than one type of time study, i.e., income maintenance, workforce, social services, or child welfare random moment sample.

Categories of positions generally excluded from the time study are:

(1) Administrative.

(2) Supervisory.

A CSEA may add a supervisor to the roster if the supervisor is providing direct services more than fifty per cent of the time. The CSEA retains documentation to support the inclusion of the position in the time study. The documentation includes a copy of the position description signed by the current CSEA head. The CSEA is not required to maintain separate documentation if the position description includes, at a minimum:

(a) The directly related program activities or description of the direct services provided by the position; and

(b) The portion of time spent by the position on the program activities.

(3) Administrative support.

A CSEA may add an employee assigned to an administrative support position to the roster if the administrative support position provides direct services more than fifty per cent of the time. The CSEA retains documentation to support the inclusion of the position in the time study. The documentation includes a copy of the position description signed by the current CSEA head. The CSEA is not required to maintain separate documentation if the position description includes, at a minimum:

(a) The directly related program activities or description of the direct services provided by the position; and

(b) The portion of time spent by the position on the program activities.

(D) Roster completion.

A CSRMS coordinator is assigned to administer the time study. The CSEA selects at least one alternate to complete the CSRMS process in the coordinator's absence. Additional alternates may be needed based on the location of the sample population, the sample size, available staff time, and/or other pertinent factors. The CSRMS coordinator may also be the coordinator for the random moment time studies detailed in rule 5101:9-7-20 of the Administrative Code.

(1) Coordinator and alternate(s) responsibilities include reviewing and maintaining the CSRMS roster in the RMS system. The employee roster includes, at a minimum:

(a) Position number: a unique identifier for each position to be used in the CSRMS.

(b) Employee name: the person filling the position.

(d) Staff work schedule: the actual employee work schedule is used.

(e) E-mail addresses: the e-mail address of the employee and the employee's supervisor.

(2) The CSRMS coordinator does not include vacant positions on the CSRMS roster. If the vacancy is expected to remain unfilled through the majority of the next CSRMS observation period, the CSRMS coordinator removes the position from the CSRMS roster. Once the vacancy has been filled, the position is added back to the CSRMS roster by the CSRMS coordinator.

(3) CSRMS coordinators complete all rosters in RMS no later than five business days before the CSRMS sampling period begins.

(4) The Ohio department of job and family services (ODJFS) approves the sample for the period by using the sample set submitted by the CSRMS coordinator in RMS.

(E) Observation completion.

(1) Roster members (employees) will receive an e-mail from RMS with a link to the random moment sample at the time of the observation moment.

(2) The employee clicks on the RMS link included in the e-mail to access the observation moment.

(a) The employee selects the appropriate program and activity code.

(b) The employee is to complete the comment section. Comments should demonstrate that the program and activity codes support the work being performed by the assigned position at the time of the observation.

(i) An employee working on a case will include a case number or other unique identifier establishing case/client identity.

(ii) An employee not working on a case enters comments. The employee ensures that adequate backup documentation is available to verify the activity being performed.

(iii) An employee attending a meeting or training at the time of the observation moment enters the title/subject, location, and facilitator.

(iv) An employee on break, at lunch, on leave, or on personal business at the time of the observation indicates the position was idle.

(3) An employee receiving an observation moment will have forty-eight hours to respond, not including weekends or holidays.

(a) RMS generates a reminder e-mail notice to the employee and the employee's supervisor twelve hours after the moment has passed if the employee has not responded to the moment.

(b) RMS generates an additional reminder e-mail notice to the employee, the employee's supervisor, and CSRMS coordinator thirty-six hours after the moment has passed if the employee has not responded to the moment.

(c) If an employee fails to respond within the forty-eight-hour period, the observation moment will expire and RMS will not permit the employee to respond.

(4) The CSRMS coordinator may select an alternate response option upon notification by the employee or the employee's supervisor that the employee is unable to respond to the observation moment via e-mail within the forty-eight-hour observation period. The CSRMS coordinator notes the reason for the substitution and on behalf of the employee document the response in the comments section.

(F) Observation moment expiration.

(1) An observation moment expires when there is no response. Expired moments may occur for the following:

(a) A position currently in the time study is idle due to a short-term absence when the observation moment occurs and the position is not reassigned to an employee who is not currently in the time study;

(b) A position is idle due to a vacancy and the position is not reassigned to an employee not currently in the time study; or

(2) Once a moment expires and is marked no response, it becomes an invalid response and costs associated with that moment are distributed by the statistics derived from the valid responses. RMS coordinators do not complete the moment for staff.

(3) In accordance with federally accepted timelines, the CSRMS coordinatorreviews and approves by accepting all observation moment responses within seventy-two hours.

(G) Number of observations.

(1) For each CSEA with more than ten participating positions, the sample size per reporting period is a minimum of three hundred fifty-four total observations.

(2) A CSEA with ten or fewer participating positions will complete a minimum of thirty-three observations per participating position.

(3) The CSEA conducting the CSRMS may opt to produce more than the minimum observations per employee, to a maximum of five thousand total observations. A CSEA electing to sample more than the minimum number of observations per period requests the desired number of samples in RMS. Once the extra moments are approved by ODJFS, they are to be completed for that period.

(H) Quality assurance.

To assure sampling accuracy and quality control, for each sampling period, ten per cent of all CSRMS observations are systematically selected from the total RMS observations and are known as control observations.

Supervisors will validate at least forty per cent of the control observations for each sampling period.

(1) For the purposes of the RMS time study, a supervisor is:

(a) Identified for each roster position as stated in paragraph (D)(1)(e) of this rule, and;

(b) To have sufficient knowledge of the programs and activities performed by the employee(s) to determine the accuracy of the response.

(2) The supervisor is responsible for validation of responses within the same forty-eight-hour response period that is available to the employee.

(3) By approving the response, the supervisor is verifying that the appropriate program and activity was selected.

(4) After the supervisor approves the response, the RMS coordinator will accept the response within the time frame allotted as stated in paragraph (F)(3) of this rule.

(I) Absences and vacancies.

(1) For the purposes of the CSRMS time study:

(a) A position is idle due to an absence when the employee assigned to that position is on paid or unpaid leave but intends to return to work in the future.

(2) If a position is idle due to an absence or vacancy, the CSRMS coordinator may:

(a) Assign the position's duties to another employee or supervisor not currently in the time study. The CSRMS coordinator reassigns the position to the new name and e-mail address of the employee or supervisor. The newly assigned employee or supervisor will receive the remaining notifications for the observation moments for the position in the sample quarter.

(c) Assign the position's duties to another employee currently in the time study but the employee is no longer fulfilling his or her originally assigned duties. The employee will begin to receive and complete the observation moments assigned to the new position. The CSRMS coordinator will remove the employee's name and e-mail address from the employee's former position in RMS, creating a vacancy in the employee's former position.

(d) Under no circumstances may an employee complete an observation moment for more than one position.

(J) The CSRMS coordinator approves the CSRMS for the reporting period in RMS within five working days after the last moment has expired.

(K) The CSEA retains documentation in accordance with the records retention guidance in rule 5101:9-9-21 of the Administrative Code.

(L) ODJFS maintains RMS coding information in RMS and on the ODJFS website.

Last updated June 9, 2025 at 3:36 PM

History

Effective: June 7, 2025
Promulgated Under: 119.03

Ohio Adm.Code 5101:9-7-29 Financial reporting requirements for county family services agencies (CFSAs) and Workforce Innovation and Opportunity Act (WIOA) local areas.

(A) Financial data reporting.

CFSA, as defined in section 307.981 of the Revised Code, and WIOA local area, as defined in section 6301.01 of the Revised Code, report actual expenditures and revenues through a submission of financial data from the CFSA or WIOA local area's financial reporting system into the county finance information system (CFIS). The CFSA and the WIOA local area shall use financial codes established by the Ohio department of job and family services (ODJFS) bureau of county finance and technical assistance (BCFTA) to report these expenditures and revenues.

(1) The CFSA and WIOA local area shall enter monthly financial data in CFIS no later than the eighteenth day of the month following the month of the transaction.

(2) Financial data includes expenditures, revenues, adjustments and/or corrections.

(3) BCFTA utilizes submitted financial data to complete all of the following:

(a) Establish claims to applicable allocations;

(b) Identify expenditures eligible for quarterly reimbursement to the public children services agencies (PCSAs);

(d) Report expenditures, accruals and obligations to the federal government.

(4) The CFSA and WIOA local area shall allocate all reported expenditures in accordance with the federally approved ODJFS cost allocation plan.

(5) The CFSA and WIOA local area shall upload final quarterly expenditures, and adjustments and/or corrections at the end of each quarter into CFIS by the eighteenth day of the month following the last month of the quarter; e.g., July eighteenth for the April through June time period.

(B) Quarterly financial statements.

The CFSA and WIOA local area shall certify transactions and balances by submitting the following completed and approved quarterly financial statements.

(1) The PCSA shall certify social service costs, revenues, and disbursements on the JFS 02820 "Children Services Quarterly Financial Certification." Indirect costs are certified as follows:

(a) A stand-alone PCSA shall certify transactions related to social services administrative costs and applicable countywide indirect costs on the JFS 02820.

(b) A combined county department of job and family services (CDJFS) and PCSA shall certify transactions related to social services administrative costs and applicable shared costs on the JFS 02827 "Public Assistance (PA) Quarterly Financial Certification."

(2) The CDJFS shall certify the receipt of revenues and disbursements from the public assistance fund on the JFS 02827.

(3) The child support enforcement agency (CSEA) shall certify the receipt of revenues and disbursements on the JFS 02750 "Child Support Enforcement Agency (CSEA) Quarterly Financial Certification." Indirect costs are certified as follows:

(a) A stand alone CSEA shall certify transactions related to child support administrative costs and applicable countywide indirect costs on the JFS 02750.

(b) A combined CDJFS/CSEA shall certify transactions related to applicable shared costs on the JFS 02827.

(4) The WIOA local area shall certify workforce development fund revenues and disbursements and the WIOA local area accruals and obligations on the JFS 01992 " Workforce Innovation and Opportunity Act (WIOA) Quarterly Financial Statement."

(a) Accrued expenditures, as defined in 29 C.F.R. 97.3, represent charges incurred, but not yet paid, by the grantee in the reporting period, requiring the provision of funds for:

(i) Goods and other tangible property received;

(ii) Services performed by employees, contractors, subgrantees, subcontractors, or other payees; and

(iii) Amounts owed under programs for which no current service or performance is required; e.g., annuities, insurance claims, and other benefit payments.

(b) Obligations, as defined in 29 C.F.R. 97.3, represent legal commitments incurred by the grantee which will result in expenditures in the current or future reporting period, including:

(i) The amount of orders placed;

(ii) Awarded contracts or subgrants;

(iii) Goods and services received; and

(iv) Similar transactions requiring payment.

(5) When a WIOA local area receives any public assistance funds, the WIOA fiscal agent shall:

(a) Establish a public assistance fund for the allocation, in accordance with section 5101.161 of the Revised Code: and

(b) Certify revenues and disbursements from the PA fund on the JFS 02828 "Public Assistance Quarterly Financial Statement for Workforce Innovation and Opportunity Act (WIOA) Areas."

The CFSA shall adhere to the timeframes established in this rule for the submission of financial data. Failure to make timely submissions of financial data through CFIS may cause the CFSA reimbursement or draw request to be delayed.

(1) The quarterly financial statement is a summary of the information submitted via CFIS for each month in the quarter. Completion and certification of the quarterly financial statements is a cooperative effort between county auditors and the CFSA.

(a) The CFSA has access to quarterly financial data in CFIS following the eighteenth day of the month following the last month of each quarter.

(b) The CFSA is given five business days after the eighteenth day of the month following the last month of the quarter to review the financial data for accuracy. When reviewing the preliminary financial data, a CFSA shall:

(i) Reconcile differences between the county auditor financial records and the financial data submitted via CFIS; and

(ii) Approve and submit to OAKS any adjustments and/or corrections.

(2) BCFTA notifies the CFSA once the five-day review period is closed and BCFTA has suspended reporting access to CFIS. Upon notification, the CFSA shall print the quarterly financial statement to complete the certification.

(a) The CFSA director shall certify the accuracy of the receipt and disbursement amounts, then submit the quarterly financial statement to the county auditor for signature.

(b) County auditors shall certify the reported transactions and cash balances for each month within the quarter agree with the records of their office.

(c) The CFSA shall submit the completed quarterly financial statement to BCFTA no later than the tenth calendar day of the second month following the quarter the report represents for the following reporting periods:

(i) November tenth for July through September;

(ii) February tenth for October through December;

(iii) May tenth for January through March; and

(iv) August tenth for April through June.

(D) WIOA quarterly financial statement certification.

The WIOA local area shall adhere to the timeframes established in this rule for the submission of financial data. Failure to make timely submissions of the financial data, through CFIS, may cause the WIOA draw request to be delayed.

(1) The WIOA local area fiscal agent is responsible for the preparation of the quarterly financial statements for certification.

(a) The WIOA local area fiscal agent has access to quarterly financial data following the eighteenth day of the month following the last month of each quarter.

(b) The WIOA local area fiscal agent is given five business days after the eighteenth day of the month following the last month of the quarter to review the financial data for accuracy. When reviewing the quarterly financial data, a WIOA local area fiscal agent shall:

(i) Reconcile any differences between the WIOA local area's financial records and financial data submitted to BCFTA via CFIS; and

(ii) Approve and submit to OAKS any adjustments and/or corrections.

(2) BCFTA notifies the WIOA local area fiscal agent once the five-day review period is closed and BCFTA has suspended reporting access to CFIS. Upon notification, the WIOA local area fiscal agent shall print the quarterly financial statement(s) to complete certification.

(a) The WIOA local area fiscal agent representative shall certify the accuracy and amount of receipts and disbursements, by signing, then submitting, the quarterly financial statements to the local workforce development board (LWDB) director, or LWDB designee for signature. The LWDB designee and the fiscal agent representative shall not be the same individual.

(b) The LWDB director or designee shall certify that the reported transactions and cash balances for each month within the quarter agree with the records of the WIOA local area.

(c) The WIOA local area fiscal agent shall submit the completed quarterly financial statement(s) to BCFTA no later than the tenth calendar day of the second month following the quarter the report represents for the following reporting periods:

(i) November tenth for July through September;

(ii) February tenth for October through December;

(iii) May tenth for January through March; and

(iv) August tenth for April through June.

(E) The definitions, requirements, and responsibilities contained in rule 5101:9-6-50 of the Administrative Codes are applicable to this rule.

Last updated June 6, 2022 at 9:30 AM

History

Effective: June 4, 2022
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-7-29.1 Public children services agency (PCSA) local contributions.

(A) Each biennium the Ohio general assembly requires that if the funds available for distribution by the Ohio department of job and family services (ODJFS) on behalf of the Ohio department of children and youth (DCY) under section 5101.14 of the Revised Code are greater in the current state biennial budget cycle than the amount appropriated in SFY 2019, each county must make a minimum contribution to the children services fund, as described in section 5101.144 of the Revised Code.

(1) Each county that made local contributions in county fiscal year (CFY) 2019, as certified by the PCSA director and the county auditor shall continue to contribute to the children services fund as described in paragraph (B) of this rule.

(2) Each county that did not make local county contributions in CFY 2019, as certified by the PCSA director and county auditor does not have a minimum obligation to contribute to the children services fund as described in paragraph (B) of this rule.

(B) Local obligation determination

(1) ODJFS uses county contributions from the previous four CFYs to determine the minimum local obligation amount for each CFY.

(2) The PCSA director certifies the receipt of local county funds, by completing the JFS 02825 "Public Children Services Agency (PCSA) Local Contributions" with the previous CFY contribution amount, and submits the JFS 02825 to the county auditor for signature.

(3) The county auditor certifies by signature the accuracy of JFS 02825.

(4) The PCSA submits the certification to ODJFS and also submits a copy of the certification to the board of county commissioners or designee by October thirty-first.

(5) ODJFS uses the average of each local county contributions as certified based in paragraph (B)(1) of this rule to determine the county's minimum local contribution requirement for each SFY.

(C) If circumstances arise and a county cannot meet their minimum contribution requirements for the current state biennial budget cycle:

(1) The county commissioner(s) shall submit a written explanation to ODJFS, signed by the county auditor, verifying that the county cannot meet local funding requirements. The county commissioner(s) may request a reduced amount or request that the entire contribution be waived;

(2) The county commissioner(s) shall submit a copy of the hardship request to the PCSA director; and

(3) The request will be reviewed and may be granted at the discretion of ODJFS in conjunction with DCY.

(D) For purposes of this rule local county funds are:

(1) County general revenue funds appropriated and deposited into the child services fund; and

(2) Levy taxes appropriated and deposited into the children services fund as described in section 5153.35 of the Revised Code.

Last updated February 7, 2025 at 7:46 AM

History

Effective: February 7, 2025
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-7-50 Federal financial participation (FFP) and the nonfederal matching share.

(A) Administration of the various family services programs is the joint financial responsibility of federal, state, and local governments. The percentage of federal financial participation (FFP) varies by program and is subject to change each federal fiscal year. State and local funds, known as the nonfederal share, shall be used to supply the difference between the percentage of FFP and one hundred per cent. When there is no FFP available, the state and county supplies the total funds. When there are no state funds involved, the county supplies the entire nonfederal share.

(B) The percentage of participation at the federal and state level is applicable only to allowable costs, up to the maximum amount of funds available. Nonallowable costs or nonreimbursable costs are not eligible for federal or state participation. These costs are met through one hundred per cent local funds.

(C) FFP is available to the county family services agencies (CFSAs) and workforce innovation and opportunity act (WIOA) local areas for allowable/reimbursable costs. Any funds comprising the nonfederal share that originate from sources other than state or county funds need to meet the requirements set for in paragraphs (D) to (I) of this rule.

(D) Donated funds originating from public sources may comprise the nonfederal share in claiming FFP under the following conditions:

(1) Funds will be:

(a) Appropriated directly to the local agency, or

(b) Transferred from another public agency to the local agency and under the local agency's administrative control, or

(2) Funds are not used to match other federal funds; and

(3) Funds are not federal funds, except those authorized by federal law to be used to match other federal funds.

(E) Child support public matching funds requirements are contained in rules 5101:9-6-90 and 5101:12-1-50 of the Administrative Code.

(F) When a public entity wishes to contribute funds to a program, these donated public funds need not meet the requirements of paragraph (D)(1)(a) or (D)(1)(b) of this rule if the CFSA or WIOA local area and provider agency enter into a written agreement. This written agreement is known as a memorandum of understanding (MOU). The MOU contains the following terms:

(1) In lieu of transfer of funds, the provider agency will identify the specific amount of funds that the CFSA or WIOA local area may use as the nonfederal share of program expenditures;

(2) The funds that the provider agency identifies for use as the nonfederal share of program expenditures are for services and activities that are not otherwise available on a nonreimbursable basis;

(3) The CFSA or WIOA local area has the authority to determine the specific activities and services for which these funds will be used; and

(4) State or local funds identified for this purpose may not be used to match other federal funds.

(G) Funds donated from private sources may be considered the nonfederal share in claiming FFP when the funds meet the following three conditions:

(1) Funds are transferred to the local agency and under its administrative control;

(2) Funds are donated without any restriction which would require their use for particular individuals or at particular facilities or institutions; and

(3) Funds are not to revert back to the donor's control.

(H) A CFSA or WIOA local area receiving a provider-related donation can utilize FFP as long as the donation is not returned to the individual provider or related entity and:

(1) The amount of the payment received does not correlate to either the amount of the donation or to the difference between the amount of the donation and the amount of FFP received;

(2) No portion of the payment made under medicaid to the donor or any related entity varies based only on the amount of the total donation received; and

(3) The county agency receiving the donation does not provide for any payment, offset, or waiver that guarantees the return of any portion of the donation to the provider.

(I) Provider-related donations to the county agency is not to exceed the following limitations:

(1) Five thousand dollars per year from an individual provider; and

(2) Fifty thousand dollars per year from any health care organization entity unless the entity has outstationed eligibility workers as outlined in rule 5160:1-2-06 of the Administrative Code.

Last updated May 20, 2024 at 8:33 AM

History

Effective: May 20, 2024
Promulgated Under: 111.15

Chapter 5101:9-9 Federal Tax Return Information Safeguarding Procedures

Ohio Adm.Code 5101:9-9-15 Master service agreement (MSA).

(A) The MSA is a document of understanding provided by the Ohio department of job and family services (ODJFS) office of information services (OIS). ODJFS requires county agencies to enter into an MSA to delineate responsibilities for day-to-day information technology (IT) operations between the county agency and OIS to provide quality service to end users and to maintain the health and integrity of the ODJFS network.

(B) The MSA outlines expectations between the county agencies and OIS including the IT resources supply and management, standards, support efforts, information security, and service provider alignment. A county agency shall elect a service level as part of the MSA program. All ODJFS commitments are subject to the availability of state and federal funds.

(C) The technology and service support policy (TSSP) also details the delineation of responsibilities, including financial responsibilities as shown in rule 5101:9-9-17 of the Administrative Code.

(D) The county agency director and the deputy director of OIS shall utilize the MSA signature document to show acceptance of the MSA, and all related levels and support documentation. Due to the ever- changing nature of the IT environment, OIS may update the supporting documentation as needed.

(E) In the event of a disagreement regarding provisions of the executed MSA between OIS and the county agency, the initial attempt at resolution will commence at the county agency technical point of contact (TPOC) and OIS liaison level. If resolution is not possible at that level, the deputy director of OIS and the director of the county agency, or their designees, will work to resolve such issues and may utilize the methodology contained in the fiscal agreements if necessary.

(F) The most current version of the MSA is available on the county operations user experience (UX) sharepoint portal.

Last updated April 5, 2024 at 8:34 AM

History

Effective: April 4, 2024
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-9-17 Technology and service support policy (TSSP).

(A) The Ohio department of job and family services (ODJFS), in a continuing effort to improve the level of customer service and responsiveness to county agencies, developed the technology and service support policy (TSSP). The TSSP represents a commitment by ODJFS to provide quality, cost-effective networking products, services, and solutions to the county agencies throughout the state.

The TSSP operates within the framework of the master service agreement (MSA) as detailed in the MSA and rule 5101:9-9-15 of the Administrative Code.

(B) The TSSP is the policy by which county agencies request information technology (IT) equipment and services from the ODJFS office of information services (OIS). All county agency requests for network equipment, installation of third-party software applications, or OIS assistance with equipment moves to new sites, require completion of the JFS 01321 "TSSP County Request."

(C) TSSP coordinators in OIS oversee the request process and are responsible for working with the county agencies to determine financial responsibilities and costs, verify staff levels, track the progress of requests, and serve as the ODJFS contact for county agency information related to the TSSP.

(D) As part of completing the JFS 01321, the county agency will estimate the financial responsibilities associated with its request and submit the information to the TSSP coordinators in OIS.

(E) Whenever financial responsibilities are determined to be greater than those estimated on the JFS 01321, OIS will contact the technical point of contact (TPOC) in the county agency. OIS will obtain the county agency's consent before continuing the fulfillment process.

(F) Financial responsibilities are enumerated in the TSSP. All ODJFS commitments relative to networking products, services, and solutions are subject to and contingent on the availability of state and federal funds. Whenever financial responsibilities are determined to be different from those estimated in the agency's original request, OIS will notify the county agency to obtain its consent before fulfilling the agency's request. Equipment acquisitions that may affect the ODJFS network, regardless of the cost or financial responsibility, must be approved by ODJFS before the agency purchases the equipment. Approval may be obtained through the TSSP request process.

(G) ODJFS retains ownership of networking products unless ODJFS specifically transfers ownership in accordance with procedures in rule 123:5-2-01 of the Administrative Code.

(H) Through TSSP, ODJFS seeks to do the following:

(1) Ensure timely and efficient delivery of IT products and services to ODJFS's customers;

(2) Increase the flexibility for county agencies to select networking products, services, and solutions that best meet their needs;

(3) Maintain continuity of a safe, sound, and secure computer environment; and

(4) Ensure budgetary predictability and cost-effectiveness of networking solutions for ODJFS and county agencies.

(I) OIS continues to provide the workstations, software, and network access necessary for county employees to complete their state-required job functions pursuant to and in compliance with the signed and established MSA levels.

(J) ODJFS will provide the network infrastructure to enable local agency staff to connect to the ODJFS network.

(K) As a way for county agencies to have the flexibility to meet future needs, ODJFS will provide an additional allowance of workstations in an amount of up to ten per cent of the local agency's filled full-time equivalent (FTE) employees.

Beyond this baseline, counties are responsible for financing computing resources.

(L) County agencies will purchase service units from ODJFS, unless otherwise specified in the MSA for the individual county agency.

Service units include, but are not limited to, maintenance, service, and use of state owned equipment.

(M) Costs associated with TSSP equipment service units are determined by the initial equipment and warranty costs to ODJFS. On-going services are included as part of the service unit at the expense of ODJFS. On-going services include moves, customer support, software upgrades, and equipment services.

(N) The catalog of network services section of the TSSP displays the networking products and services available to county agencies. The catalog details the estimated costs a county agency will be subject to when it purchases service units and services that it specifies on the JFS 01321 that it submits to OIS.

(O) Following the fulfillment of a request, the ODJFS office of fiscal and monitoring services (OFMS) will generate an invoice from the Ohio administrative knowledge system (OAKS) for equipment and services rendered. The county contact is notified that the invoice has been placed on the county user experience (UX) sharepoint portal for retrieval. The service unit cost to the county agency will be the actual invoice cost for each piece of equipment used and warranty purchased. Available TSSP service units may be found in the catalog of network services section of the TSSP.

(P) When a request involves recurring charges, the county will be invoiced on a recurring basis. These invoices will utilize the same payment process as the other TSSP invoices.

(Q) County agencies will pay the invoice by sending a check, made payable to the "Treasurer, State of Ohio," and including a copy of the invoice with the check. Remit payments to the following address:

"Huntington National Bank

ODJFS

L-3659

Columbus, Ohio 43260"

(R) If payment is not received within sixty calendar days, the ODJFS office of fiscal and monitoring services will notify the county agency.

(S) If payment is not received within ninety calendar days, the ODJFS office of fiscal and monitoring services will recover the funds via an adjustment to the county agency's advance.

(T) County agencies shall use the JFS 02750 "Child Support Enforcement Agency (CSEA) Quarterly Financial Statement", JFS 02820 " Children Services Quarterly Financial Statement", or JFS 02827 "Public Assistance (PA) Quarterly Financial Statement" to report TSSP expenditures.

(U) OIS will update the TSSP as dictated by changes in technology, service unit pricing, or available service offerings. The most current version of the TSSP is available on the county user experience (UX) sharepoint portal.

Last updated April 5, 2024 at 8:34 AM

History

Effective: April 4, 2024
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-9-20 Treatment of Health Insurance Portability and Accountability Act (HIPAA) inquiries to a county agency.

(A) HIPAA is a federal law requiring the protection of confidentiality and security of health data including the safeguarding, privacy, and release of protected health information (PHI).

(B) PHI includes, but is not limited to, the following individually identifiable health information of medicaid and public assistance applicants, recipients, and former recipients:

(1) Information relating to past, present, or future physical or mental health or condition of an individual;

(2) Provision of health care to an individual;

(3) Past, present, or future payment for health care to an individual; and

(4) Information regarding an individual's eligibility for medicaid benefits or the refugee medical assistance program, or any other plan or program that provides medical assistance or pays the cost of medical care.

(C) All current and future recipients of medicaid, refugee medical assistance, or any other plan or program that provides medical assistance or pays the cost of medical care, will receive a privacy notice outlining the following descriptions of uses and disclosures, and recipient rights:

(1) A description of the types of uses and disclosures of PHI the Ohio department of job and family services (ODJFS) or its delegated entity is permitted to make, including examples of payment, treatment, and healthcare operations. For instance, an individual's PHI may be used:

(a) For activities such as determining eligibility or medical coverage.

(b) To review prior authorization or service requests or to determine if the individual qualifies for specialized programs.

(c) By our employees or partner agencies to assist us in administering public assistance programs. All employees and partner agencies are bound by strict confidentiality requirements.

(d) By other government agencies that may provide public benefits or services to individuals. Additionally, PHI may be disclosed for any purpose required by law, such as responding to a court order, subpoena, warrant, summons, or similar process authorized under state or federal law.

(e) For other routine administrative purposes.

(2) A description of other uses and disclosures permitted or required under HIPAA without written consent or authorization, including those in the notice of privacy practices;

(3) A statement that other uses and disclosures will be made only with the individual's written authorization;

(4) Complaint procedure regarding access, use, or disclosure of PHI;

(5) Request for restriction procedure;

(6) Request for amendment procedure; and

(7) Request for accounting procedure.

(D) If a recipient of benefits identified in paragraph (C) of this rule requests any of the procedures listed in paragraphs (C)(4) to (C)(7) of this rule from the county agency or entity acting on behalf of ODJFS that collects and maintains the information identified in paragraph (B) of this rule, the county agency or entity acting on behalf of ODJFS shall do one of the following:

(1) Refer the recipient to the privacy official at ODJFS or the Ohio department of medicaid, by providing the recipient with the appropriate email address (legal@jfs.ohio.gov or mcdlegal@medicaid.ohio.gov, with Attention: Privacy Official in the Subject heading); or

(2) Provide the recipient with a copy of the HIPAA privacy notice, which outlines the procedures set out in paragraphs (C)(4) to (C)(7) of this rule and identifies whom the recipient may contact to initiate those procedures.

https://medicaid.ohio.gov/families-and-individuals/coverage/already-covered/rights/notice-of-privacy-practices

Last updated August 10, 2026 at 7:50 AM

History

Effective: August 8, 2026
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-9-21 County agency records retention, access, and destruction.

(A) The following definitions are applicable to this rule:

(1) "County family services agency" has the same meaning as defined in section 307.981 of the Revised Code.

(2) "Grant" means an award for one or more family services duties or workforce development duties of federal financial assistance that a federal agency provides in the form of money, or property in lieu of money, to the Ohio department of job and family services (ODJFS) and that ODJFS awards to a county family services agency or local area. Grant may include state funds ODJFS awards to a county family services agency or local area to match the federal financial assistance. Grant does not mean technical assistance that provides services instead of money and does not mean other assistance provided in the form of revenue sharing, loans, loan guarantees, interest subsidies, or insurance.

(3) "Inactive records" refers to closed case files and those records that are no longer used on a regular basis.

(4) "Local area," has the same meaning as defined in section 6301.01 of the Revised Code.

(5) "Pass-through entity" means a non-federal entity that provides a federal award and/or state funds to a subrecipient to carry out a federal and/or state program, function, or activity.

(6) "Record" has the same meaning as defined in section 149.011 of the Revised Code.

(7) "Record series" means records that are filed together or maintained as a unit because they relate to a particular subject or function, result from the same activity, have a particular form, or have some other relationship arising from their creation, receipt, or use.

(8) "Retention schedule" means a document that assigns a required retention period to a record series based on its fiscal, legal, historical or administrative value.

(9) "Subrecipient" means a non-federal entity that expends federal awards and/or state funds received from a pass-through entity but does not include an individual that is a beneficiary of such program, function, or activity.

(10) "Workforce development agency" has the same meaning as defined in section 5116.01 of the Revised Code.

(B) Each county family services agency and local area shall comply with all applicable federal, state, and local records retention requirements for all records related to any program, function, or activity that is funded in whole or in part by state and/or federal funds. Local records retention requirements may be available through the county records commission in each county, which are established pursuant to section 149.38 of the Revised Code. The functions of the county records commission are to provide rules for the retention and disposal of county records, to review applications for one-time disposal of obsolete records, and to review schedules of records retention and disposal submitted by county offices.

(C) Each county family services agency and local area shall have a records retention schedule that governs each record series maintained by the agency and that includes the requirements set forth in this paragraph. Each such records retention schedule shall at a minimum do the following:

(1) Identify the name of the record series;

(2) Describe the use and purpose of the records;

(3) Assign a retention period based on the fiscal, legal, historical or administrative purpose value of the record series;

(4) Establish the method of disposition of the records when the retention period expires; and

(5) Comply with any minimum records retention requirements specified by applicable state law and regulations, applicable ODJFS records retention requirements, and applicable federal law and regulations, including, but not limited to, the following:

(a) 2 C.F.R. Part 200;

(b) 7 C.F.R. 272.1(f) applicable to the expenditure of food stamp program funds;

(d) 29 C.F.R. 97.42 applicable to government units expending DOL funds;

(e) 45 C.F.R. 75.361 applicable to non-federal entities expending department of health and human services (HHS) funds; or

(f) Any other federal award requirements related to any program, function, or activity the county family services agency or local area administers that is funded in whole or in part by federal funds.

(D) In addition to having the records retention schedules required by paragraph (C) of this rule, each county family services agency and local area shall have a records retention schedule governing all records of its subrecipients that document a program, function, or activity for which the county family services agency's or local area's subrecipient receives state and/or federal funds. Each county family services agency and local area shall include in any contract or other type of agreement, including grant awards to subrecipients and subcontracts with service providers, all applicable minimum federal, state, and local records retention requirements for all records documenting a program, function, or activity for which the county family services agency's or local area's subrecipient, contractor or subcontractor receives state and/or federal funds. Any succeeding subrecipient or subcontractor of state and/or federal funds passed through from the county family services agency's or local area's subrecipient, contractor or subcontractor is subject to the same requirements stated in this paragraph.

(E) Each county family services agency and local area shall retain financial, programmatic, statistical, and recipient records and supporting documents relating or pertaining to a federal award passed through from ODJFS for a minimum of three years after submittal of the final expenditure report for the grant, or applicable ODJFS records retention requirements, whichever is longer, unless otherwise provided by any minimum records retention requirements specified by applicable state or federal law. A county family services agency or local area may establish a minimum records retention period that exceeds the minimum retention period provided by this paragraph.

(1) If any litigation, claim, investigation, criminal action, negotiation, audit, administrative review, or other action involving the records has been started before the expiration of the longer of the minimum retention period defined in paragraph (E) of this rule or before actual disposition of the records, the county family services agency or local area shall maintain the records until completion of the action and resolution of all issues that arise from it, or until the end of the longest applicable minimum retention period, whichever is later.

(2) If final payment after closeout of the federal award has not been made before the expiration of the longest applicable minimum retention period defined in paragraph (E) of this rule or before actual disposition of the records, the county family services agency or local area shall maintain the records until final payment is made and resolution of all issues that arise from it, or until the end of the longest applicable minimum retention period provided in paragraph (E) of this rule, whichever is later.

(3) Each county family services agency and local area shall maintain a current file of all records that have been subject to a federal or state audit, administrative review, or other action, and must refer to that file before requesting approval from the county records commission to destroy any record.

(F) Each county family services agency and local area shall annually provide or make available to ODJFS the agency's records retention schedules, including any records retention schedule adopted pursuant to paragraph (D) of this rule. Each county family services agency and local area shall make its current records retention schedule readily available to the public.

(G) Each county family services agency and local area shall establish policies and procedures for the transfer and storage of inactive records that comply with all applicable state, federal, and local requirements. Secondary locations used for storing inactive records must provide adequate security and allow for the prompt and efficient retrieval of requested records.

(H) The requirements regarding access to records are as follows:

(1) Each county family services agency and local area shall adopt a public records policy for responding to public records requests in accordance with section 149.43 of the Revised Code. Public records do not include information or records specifically exempted from treatment as public records in division (A)(1) of section 149.43 of the Revised Code, or information or records that are expressly made confidential under other federal or state laws or regulations.

(2) All records documenting a program, function, or activity for which the county family services agency and local area receive state and/or federal funds must be made available to authorized governmental agencies, including, but not limited to, ODJFS, the auditor of state, and other Ohio funding sources and federal funding sources upon request. This access to records includes, but is not limited to, all financial and programmatic records, supporting documents, statistical records, and other records of recipients, subrecipients, contractors, and subcontractors. This right of access is not limited to any required minimum retention period if the records are still being retained and have not been disposed at the time of the request.

(3) All information and records concerning an applicant, a recipient, or a former recipient must be safe guarded from release as specified by applicable state and federal law and regulations, including, but not limited to, rules 5101:1-1-03, 5101:4-1-13, and 5160-1-32 of the Administrative Code, and section 5101.27 of the Revised Code, and are subject to all applicable intercounty transfer requirements, including, but not limited to, rules 5101:1-1-13 and 5101:4-8-19 of the Administrative Code.

(4) All public records as defined in division (A)(1) of section 149.43 of the Revised Code must also be made available for inspection or copying to any person at all reasonable times during regular business hours, as specified in division (B) of section 149.43 of the Revised Code.

(5) Each county family services agency and local area shall maintain its records in such a manner that the agency can fulfill its records access obligations promptly and efficiently.

(I) Each county family services agency and local area shall obtain approval from the county records commission before destruction of any records in accordance with section 149.38 of the Revised Code. Pursuant to section 149.38 of the Revised Code, the county records commission approval must in turn be reviewed by the Ohio history connection, and upon completion of the Ohio history connection's review of the request to dispose the records, the auditor of state must approve or disapprove the request.

(J) After permission to destroy the records has been obtained, each county family services agency and local area shall follow the requirements established by the county records commission for disposal of county records.

(K) Notwithstanding the provisions in this rule, each county family services agency and local area shall continue to follow any minimum applicable ODJFS, state, and federal records retention requirements requiring a longer minimum retention period than the general three-year retention period stated in paragraph (E) of this rule, such as children services case records retention requirements set forth in rule 5101:2-33-23 of the Administrative Code, and any other program-specific records retention requirements established by other state or federal law, unless directed to comply with the minimum records retention requirements provided in this rule.

(L) The retention, destruction and access provisions adopted or established by a local area pursuant to this rule will apply to every workforce development agency within that local area.

Last updated April 3, 2023 at 8:35 AM

History

Effective: April 1, 2023
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-9-21.1 Public assistance records: retention periods.

(A) The following definitions are applicable to this rule:

(1) "Inactive records" means closed case files, where the assistance group (AG):

(a) Is no longer receiving benefits;

(b) Has no pending administrative action, hearing or appeal; and

(2) "Public assistance record" means any record maintained in a case file related to an Ohio works first (OWF), food assistance, prevention, retention, and contingency (PRC), disability financial assistance, or refugee cash assistance group (AG).

(3) "Record" has the same meaning as defined in section 149.011 of the Revised Code.

(B) The minimum retention period for public assistance records is seven years, except as provided in paragraphs (C) and (D) of this rule.

(C) The following records may not be destroyed while the AG is active, and must be maintained for a minimum of three years from the date the AG becomes inactive:

(1) Enumeration verifications;

(2) Application forms and verifications that established initial program eligibility; and

(3) Documents that establish eligibility factors such as incapacity, limiting physical factors, and eligibility for supplemental security income (SSI).

(D) Notwithstanding the requirements outlined in rule 5101:4-1-05 of the Administrative Code, any records existing in the AG file on the date the AG becomes inactive must be maintained for a minimum of three years from the date the AG becomes inactive, regardless of the age of the records.

(E) Rule 5101:4-1-05 of the Administrative Code governs the retention of food assistance records and must be followed in conjunction with the requirements of this rule.

(F) Counties that wish to selectively destroy documents from public assistance AG records in accordance with the requirements of this rule must specify the retention periods of the affected documents on the appropriate retention schedules.

Last updated April 3, 2023 at 8:35 AM

History

Effective: April 1, 2023
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-9-25 Federal tax information safeguarding procedures.

(A) Federal tax information (FTI): definition, usage limitations and notification, and non-disclosure.

(1) FTI is any return or return information received from the internal revenue service (IRS) or secondary source, such as the social security administration (SSA), federal office of child support enforcement, or U.S. department of the treasury - bureau of the fiscal service, and also includes any information created and/or maintained by the Ohio department of job and family services (ODJFS) or a county agency that is derived from these sources.

(2) FTI is provided to federal, state, and local agencies by the IRS or the SSA for use in the cash assistance, food assistance, unemployment compensation, and child support programs as authorized by the Internal Revenue Code, and is provided solely for the purpose of performing the responsibilities of each program.

(3) 26 U.S.C. 6103 (section 6103 of the Internal Revenue Code) limits the usage of FTI to only those purposes explicitly defined. The IRS office of safeguards requires advance notification (at least forty-five days) prior to implementing certain operations or technological capabilities that require additional uses of the FTI, such as:

(a) Contractor access;

(b) Cloud computing;

(d) Data warehouse processing;

(e) Non-agency-owned information systems;

(f) Tax modeling;

(g) Test environment; and

(h) Virtualization of IT systems.

(4) Disclosure of FTI to any contractor is not permitted unless the agency notifies the IRS office of safeguards, in writing, per the IRS forty-five day notification reporting requirements and obtains approval prior to re-disclosing FTI to a specifically noted contractor.

(5) FTI associated with the treasury offset program (TOP) may not be disclosed to any contractor for any purpose, except for limited child support enforcement purposes, as specified in IRS publication 1075, "Tax Information Security Guidelines for Federal, State, and Local Agencies."

(B) Confidential personal information (CPI) is defined in section 1347.15 of the Revised Code, and does include FTI, but FTI must meet additional safeguards as outlined by the IRS.

(C) Safeguarding procedures and controls ensure the confidential relationship between the taxpayer and the IRS. Safeguarding procedures and controls are derived from IRS publication 1075, prepared and updated by the IRS.

(D) The IRS conducts on-site safeguard reviews of ODJFS safeguard controls, at a minimum once every three years, which includes an evaluation of the use of FTI and the measures employed by the receiving agency to protect the data. An independent internal inspection of specific offices within ODJFS is required every eighteen months. In addition, periodic independent internal inspections of all local offices must be conducted to ascertain if the safeguarding controls that are in place meet the requirements of IRS publication 1075. Offices to be inspected include, but are not limited to those referenced in paragraph (A)(2) of this rule. Periodic inspections conducted by program offices of local offices occur every three years. A record will be made of each inspection, citing the findings (deficiencies) as well as recommendations and corrective actions to be implemented where appropriate.

(E) All program offices and their respective local agencies must ensure procedures are implemented governing the safeguarding of FTI as defined by IRS publication 1075. Procedures must be updated to reflect any significant program changes.

(F) Per section 6103 of the Internal Revenue Code, all agencies receiving FTI are required to provide a disclosure awareness training program for their employees and contractors. Disclosure awareness training is described in detail within IRS publication 1075. Employees and contractors must maintain their authorization to access FTI through annual training and recertification. Prior to granting an agency employee or contractor access to FTI, each employee or contractor must certify his or her understanding of the IRS's and the agency's security policy and procedures for safeguarding IRS information. Employees must be advised of the provisions of sections 7431, 7213, and 7213A of the Internal Revenue Code regarding the "Sanctions for Unauthorized Disclosure" and the "Civil Damages for Unauthorized Disclosure." Agencies must also comply with the requirements of rule 5101:9-9-25.1 of the Administrative Code.

(G) Additional FTI safeguarding procedures.

(1) FTI must be maintained separately from other information to the maximum extent possible to avoid inadvertent disclosures and to comply with the federal safeguards required by paragraph (p)(4) of section 6103 of the Internal Revenue Code. Agencies with FTI must also comply with all other requirements of paragraph (p)(4) of section 6103 of the Internal Revenue Code.

(2) All information obtained from the IRS must be safeguarded in accordance with the safeguarding requirements of paragraph (p)(4) of section 6103 of the Internal Revenue Code, as described in IRS publication 1075.

(H) Prohibition against public disclosure of safeguards reports and related communications.

(1) ) Safeguards reports and related communications, such as IRS official agency records that are the property of the IRS, and IRS records that are subject to disclosure restrictions under federal law and IRS rules and regulations, may not be released publicly under state sunshine or information sharing/open records provisions. Release of any IRS safeguards document requires the express permission of the IRS. Requests received through sunshine and/or information sharing/open records provisions must be referred to the federal Freedom of Information Act (FOIA) statute for processing. State and local agencies receiving such requests should refer the requestor to the instructions to file a FOIA request with the IRS. Additional guidance may be found at: http://www.irs.gov/uac/IRS-Freedom-of- Information and questions should be referred to the safeguards mailbox at Safeguardreports@irs.gov.

(2) If it is determined that it is necessary to share safeguarded IRS documents and related communications with another governmental function/branch for the purposes of operational accountability or to further facilitate protection of federal tax information, the recipient governmental function/branch must be made aware, in unambiguous terms, that the documents and related communications:

(a) Are the property of the IRS;

(b) Constitute IRS official agency records; and

Last updated October 4, 2021 at 8:18 AM

History

Effective: October 4, 2021
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-9-25.1 County agency federal tax information safeguarding procedures.

(A) This supplemental rule provides general guidance to county agencies on the safeguarding of federal tax information (FTI), with the exception of child support enforcement agencies, which are required to comply with the requirements of rule 5101:12-1-20.2 of the Administrative Code. Individual program offices may, at their discretion, establish additional rules and/or additional training programs. County agencies should consult their respective program office for additional information regarding the safeguarding of FTI.

(B) Required employee awareness training:

Each county agency must provide disclosure awareness training to employees and contractors in accordance with guidelines set forth in internal revenue service (IRS) publication 1075, "Tax Information Security Guidelines for Federal, State and Local Agencies." Employees and contractors must maintain their authorization to access FTI through annual training and recertification. Prior to granting an agency employee or contractor access to FTI, each employee or contractor must certify his or her understanding of the IRS's and the agency's security policy and procedures for safeguarding IRS information. Employees must be advised of the provisions of sections 7431, 7213, and 7213A of the Internal Revenue Code regarding the "Sanctions for Unauthorized Disclosure" and the "Civil Damages for Unauthorized Disclosure." The disclosure awareness training records must be maintained for a minimum of five years or in accordance with the agency's applicable records retention schedule, whichever is longer.

County agencies must keep records detailing internal requests for FTI by agency employees as well as requests received from outside of the agency, except for child support enforcement agencies, which are required to follow rule 5101:12-1-20.2 of the Administrative Code.

A tracking log must be used to record all movement, storage, and destruction of both electronic and non-electronic FTI received by the agency from the IRS. The data elements of the tracking log shall comply with the guidelines set forth in IRS publication 1075 and those provided by the applicable ODJFS program office. FTI must not be recorded on any tracking log. The logs must be maintained for a minimum of five years or in accordance with the agency's applicable records retention schedule, whichever is longer.

(D) Secure storage and handling of FTI:

(1) FTI must be handled in such a manner that it does not become misplaced or available to unauthorized staff. When not in use, FTI must be secured via the required two barrier minimum pursuant to the "Minimum Protection Standards (MPS)" section of IRS publication 1075. Refer to table 3 in section 4.2 of IRS publication 1075 for further guidance.

(2) Minimum protection standards establish a uniform method of physically protecting data and systems as well as non-electronic forms of FTI. Local factors may require additional security measures, therefore, local county management must analyze local circumstances to determine location, container, and other physical security needs at individual facilities. The MPS have been designed to provide management with a basic framework of minimum security requirements. The objective of these standards is to prevent unauthorized access to FTI. MPS requires two barriers. Examples of two barrier minimum under the concept of MPS are outlined in IRS publication 1075.

(3) FTI should not be filed in areas used by employees not authorized to have access to FTI such as areas used for breaks, food preparation or any similar facilities. FTI files should not be maintained in areas that allow clients access. However, when this is not practical, caution must be exercised by the agency pursuant to the "Minimum Protection Standards (MPS)" section of IRS publication 1075. Refer to table 3 in section 4.2 of IRS publication 1075 for further guidance.

(E) Restricting access to FTI:

Access to file storage areas that contain FTI must be limited to the absolute minimum number of employees necessary. The following measures should be followed to adequately restrict access to the file storage areas containing FTI:

(1) Except where the state program office maintains records on access and training, a current list of employees who are authorized to have access to FTI shall be maintained by the county agency.

(2) Warning signs must be posted to identify restricted access areas and to give notice of the potential consequences for unauthorized disclosure or inspection of FTI.

(3) Cleaning, building inspections or maintenance of secured areas containing FTI, must be performed in the presence of an employee authorized to access FTI. An exception to this rule is during non-duty hours, when cleaning, inspection or maintenance personnel need access to locked buildings or rooms. This may be permitted as long as there is a second barrier to prevent access to FTI. Access may be granted to a locked building or a locked room if FTI is in a locked security container. If FTI is in a locked room but not a locked security container then access may be granted to the building but not the room.

(4) Each agency shall control physical access to areas where systems or files containing FTI are housed. The agency shall issue authorization credentials, including badges, identification cards, or smart cards pursuant to section 4.3.2 of IRS publication 1075.

(5) Access to file areas that contain FTI must be restricted to agency employees who have an established security profile that identifies the class-level and role-based rights that necessitate authorizing the employee to have such access.

(6) The location and physical layout of the file storage area should be such that unnecessary traffic is avoided.

(7) A visitor sign in/sign out log must be maintained and must be inspected at least monthly by agency security personnel. The data elements contained on the log must meet the guidelines outlined in IRS publication 1075.

(8) Keys to the files must be issued only to agency employees authorized to enter the secured area.

(9) If possible, security staff should be agency employees. Only authorized employees, or escorted individuals supervised by authorized employees, may have access to areas where FTI is located during working and nonworking hours.

(10) All records containing FTI, either open or closed, must be safeguarded pursuant to IRS publication 1075. FTI should not be commingled within any information system or within any physical files and documents. When commingling of agency documentation data and FTI is unavoidable, FTI must be labeled pursuant to IRS publication 1075, and access must be restricted to only authorized personnel.

(F) Proper disposal of FTI:

(1) Users of FTI are required by the Internal Revenue Code to take certain actions after using FTI, to protect its confidentiality. When FTI is no longer useful, agency officials and employees must either return the information, including any copies made, to the office from which it was originally obtained or destroy the FTI.

(2) An agency electing to return IRS information must use a receipt process and ensure that confidentiality is protected at all times during transport.

(3) FTI (non-electronic) furnished to any authorized agency employee or user and any paper material generated therefrom, such as copies, photo impressions, computer printouts, notes, and work papers, must be destroyed pursuant to IRS publication 1075 directives.

(4) FTI (electronic) stored in electronic format (e.g., hard drives, tapes, CDs, flash media, etc.) must be destroyed and/or disposed of pursuant to IRS publication 1075 directives. Electronic media containing FTI must not be made available for reuse by other offices or released for destruction without first being subjected to electromagnetic erasing (media sanitization).

(5) For county agencies, programs and records where contractors are permitted to be used, any destruction, sanitization, and/or disposal of FTI by a contractor must be witnessed by an agency official or employee. FTI destroyed or sanitized, pursuant to sections 8.0 to 8.4 of IRS publication 1075, is no longer considered FTI and can be disposed of in any manner the agency deems appropriate.

(G) Computer security controls:

If any local agency office stores FTI within a county owned information system, they must:

(1) Ensure the required agreements with ODJFS and the IRS have been established pursuant to IRS publication 1075.

(2) Ensure the local agency office's required policies, procedures, and information system meet the minimum computer system security controls detailed in IRS publication 1075.

Last updated October 4, 2021 at 8:18 AM

History

Effective: October 4, 2021
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-9-26 Safeguarding federal tax information (FTI) using background investigations.

(A) Definitions used in this rule.

(1) "Federal Tax Information" (FTI) is any return or return information received from the internal revenue service (IRS), or secondary source, such as the social security administration (SSA), federal office of child support enforcement (OCSE), or U.S. department of the treasury, including the bureau of the fiscal service, centers for medicare and medicaid services (CMS) and also includes any information created and/or maintained by the Ohio department of job and family services (ODJFS) or a county agency that is derived from these sources.

(2) "Return and Return Information." A return is any tax or information return, estimated tax declaration, or refund claim (including amendments, supplements, supporting schedules, attachments or lists) required by or permitted under the internal revenue code (IRC) and filed with the IRS by, on behalf of, or with respect to any person or agency. Return information includes:

(a) The potential liability of any person under the IRC for any tax, penalty, interest, fine, forfeiture, or other imposition or offense.

(b) The taxpayer's name, address and identification number.

(i) The name of a person with respect to whom a return is filed.

(ii) The taxpayer mailing address.

(iii) The taxpayer identification number.

(iv) Email addresses.

(v) Telephone number(s).

(vi) Social security number(s).

(vii) The date and place of birth.

(viii) The mother's maiden name.

(ix) The biometric data (e.g. height, weight, eye color, fingerprints).

(x) Bank account information.

(xi) Any combination of the PII identified in this paragraph.

(3) "County Agency" means the county department of job and family services, the public children services agency, and the child support enforcement agency. This definition is intended to be the same as "County Family Services Agency" used in section 307.981 of the Revised Code.

(4) "County Agency Contractor" means any governmental or non-governmental entity, which can include an individual, that receives funds from the county agency, whether directly or indirectly, to provide services, assistance, or benefits to individuals or that performs duties or activities for the county agency pursuant to a contract, grant, or other agreement. County agencies authorized to receive FTI to administer temporary assistance for needy families (TANF), supplemental nutrition assistance program (SNAP) and medicaid are prohibited from contracting for services that allow disclosure of or access to FTI in those programs.

(5) A "final candidate" is an individual, whether or not currently employed by a county agency, who has submitted an application for employment at the county agency and who has received an offer of employment conditioned upon a favorable adjudication of an FBI and BCI fingerprint background check.

(B) Safeguarding FTI using background investigations; general provisions.

(1) All final candidates, current employees, current and prospective intermittent employees, county agency contractors/contract employees, subcontractors, or temporary service personnel that have access to or use FTI shall be subject to a background check that meets the requirements of IRS publication 1075, "Tax Information Security Guidelines for Federal, State and Local Agencies." Once an initial background check has been successfully completed and the final candidate, current employee, current or prospective intermittent employee, county agency contractor/contract employee, subcontractor, or temporary service personnel is found to be suitable for access to FTI, reinvestigation shall occur at least every five years, at a minimum, from the date it was initially determined that the individual is suitable for access to FTI, if remaining in a position with access to FTI.

(2) Effective September 30, 2019, to maintain access to systems containing FTI, all current employees, intermittent employees, county agency contractors/contract employees and temporary service personnel that have access to or use FTI shall have submitted to an FBI and BCI fingerprint background check.

(3) Effective October 1, 2019, prior to being granted access to FTI, all final candidates, prospective intermittent employees, prospective county agency contractors/contract employees, subcontractors, and prospective temporary service personnel shall complete an FBI and BCI fingerprint background check and investigation that is favorably adjudicated in accordance with the written policy developed by the county agency pursuant to paragraph (B)(5) of this rule.

(4) Effective December 31, 2019, to maintain access to systems containing FTI, all current employees, intermittent employees, county agency contractors/contract employees, subcontractors, and temporary service personnel that have access to or use FTI shall have submitted to an FBI and BCI fingerprint background check and investigation that is favorably adjudicated in accordance with the written policy developed by the county agency pursuant to paragraph (B)(5) of this rule.

(5) Effective September 3, 2019, county agencies shall develop a written policy requiring all final candidates, employees, current and prospective intermittent employees, county agency contractors/contract employees, subcontractors, and temporary service personnel with access to FTI to submit to an FBI and BCI fingerprint background check and investigation that is favorably adjudicated.

(6) Background investigations conducted by the county agencies for final candidates, employees, current and prospective intermittent employees, county agency contractors/contract employees, subcontractors, and temporary services personnel who are or will be granted access to FTI shall include, at a minimum:

(a) FBI finger printing (FD-258), a review of federal bureau of investigation (FBI) fingerprint results conducted to identify possible suitability issues.

(b) Ohio bureau of criminal investigation (BCI) finger printing, a review of the BCI fingerprint results conducted to identify possible suitability issues.

(c) Citizenship/residency. Validate the individual's eligibility to legally work in the United States (e.g., a United States citizen or foreign citizen with the necessary authorization.)

(1) County agencies are required to have a policy that requires final candidates, employees, current and prospective intermittent employees, county agency contractors/contract employees, subcontractors, and temporary services personnel, who will use or have access to FTI to complete an FBI and BCI fingerprint background check and investigation that is favorably adjudicated. This policy will identify the process, steps, timeframes, and favorability standards that the county agency has adopted. The policy shall establish the criteria upon which final candidates, employees, current and prospective intermittent employees, county agency contractors/contract employees, subcontractors, and temporary services personnel, would have access to FTI denied or withdrawn. County agencies may use ODJFS' model background check policy, as outlined in the appendix to this rule, or design their own substantial equivalent.

(2) A county agency shall identify in its policy any criminal convictions that may disqualify final candidates, employees, current and prospective intermittent employees, county agency contractors/contract employees, subcontractors, and temporary services personnel from having access to FTI based upon the criminal record, the nature of the duties of the position held or applied for, and the nature of the access to FTI. County agencies should consult, at a minimum, sections 2921.02, 2921.41, 2921.43 and 2961.02 of the Revised Code, when identifying potentially disqualifying offenses.

(3) A county agency shall set forth in its policy or procedure the factors it will consider when determining if an individual with a criminal record should be adjudicated favorably. Factors that county agencies may want to consider are:

(a) Relationship of the criminal record to access to the type of FTI used or accessible in the position.

(b) Nature of work to be performed.

(d) The age of the individual at the time of the offense.

(e) The seriousness and specific circumstances of the offense, including the type of harm that the individual caused, and/or the legal elements involved in the specific crime committed.

(f) The number of offenses on the criminal record.

(g) Whether the individual has pending charges.

(h) Any evidence of rehabilitation or contrition.

(i) Any other relevant information, including that submitted by or on behalf of the individual, or other information obtained by the county agency.

(4) A county agency shall set forth in its policy or procedure the notification, appeal, and final determination process that it will offer to final candidates, current and prospective employees, intermittent employees, county agency contractors/contract employees, subcontractors and temporary service personnel, for those with convictions who are not favorably adjudicated as being eligible for access to FTI.

(D) Remedial action.

A county agency found to have failed to conduct background investigations in accordance with this rule and IRS publication 1075, or who has failed to create a policy as described in paragraph (B) of this rule, shall be notified of these failures by ODJFS in writing within thirty days after completion of the investigation or review. Any action taken by ODJFS to bring the county agency into compliance with this rule and IRS publication 1075 shall be done pursuant to section 5101.24 of the Revised Code. Examples of remedial action include corrective action plans or the withholding of funds. The county agency is responsible to ensure that county agency contractors or subcontractors that currently have or will have access to FTI or who provide contract employees to county agencies who currently have or will have access to FTI to secure FBI and BCI fingerprint checks that are favorably adjudicated. ODJFS may take action against the county agency pursuant to section 5101.24 of the Revised Code if the county agency fails to obtain compliance by the county agency contractor.

View Appendix

Last updated April 3, 2023 at 8:35 AM

History

Effective: April 1, 2023
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-9-29 Ohio department of job and family services (ODJFS) subrecipient monitoring and audit.

(A) Ohio department of job and family services (ODJFS) as a pass-through entity (PTE) is required to manage and monitor their subrecipients as stated in the most recent version of 2 C.F.R. part 200, subpart D, "Subrecipient Monitoring and Management."

(B) Definitions:

(1) "Public office" refers to any state agency, public institution, political subdivision, or other organized body, office, agency institution, or entity established by the laws of this state for the exercise of any function of government.

(2) "Subrecipient" means an entity that receives a subaward from a PTE to carry out part of a federal award. Subrecipients can also be a PTE of federal funds to organizations which become their subrecipients.

(3) "Recipient" means an entity that receives a federal award directly from a federal agency to carry out an activity under a federal program. The term recipient does not include subrecipients or individuals that are participants or beneficiaries of the award.

(4) "Pass-through entity" (PTE) means an entity (recipient or subrecipient) that provides a subaward to a subrecipient to carry out part of a federal program. The authority of the PTE flows through the subaward agreement between the PTE and subrecipient.

(5) "Subaward" means an award provided by a PTE, a subrecipient for the subrecipient to contribute to the goals and objectives of the project by carrying out part of a federal award received by the PTE. It does not include payments to a contractor, beneficiary, or participant. A subaward may be provided through any form of legal agreement consistent with criteria in 2 C.F.R. part 200.331, including an agreement that the PTE considers a contract.

(6) "Subrecipient monitoring" refers to the process by which a PTE oversees and ensures that its subrecipients comply with applicable laws, regulations, and the terms of the award.

(7) "Observations" identify an issue, or noncompliance between what is observed and what is required based on standards, policies, applicable laws or regulations. Observations are only issued during subrecipient monitoring reviews.

(8) "Auditing" refers to an independent examination of an organization's use of federal funds to ensure compliance with applicable laws, regulations, and the terms of the award.

(9) "Auditee" means a department, organization, or entity that is being examined or evaluated during an audit.

(10) "Audit finding" documents an issue where an auditee's financial reporting, controls, or compliance do not meet required accounting standards or regulatory expectations.

(11) "Questioned cost" means an amount, expended or received from a federal award, identified during an audit, that in the auditor's judgment is noncompliant with applicable laws, regulations, or the terms and conditions of the federal award which at the time of the audit, lacked adequate documentation to support compliance.

(C) For the purpose of audits or subrecipient monitoring performed by ODJFS, auditees and subrecipients under review must maintain documentation conforming to all requirements prescribed by ODJFS, and applicable laws or regulations. Auditees and subrecipients must prepare and maintain documentation to support all transactions required by applicable laws and regulations, and which substantiates compliance with all applicable laws or regulations.

(D) Auditees and subrecipients must make available to ODJFS personnel all records necessary to document all transactions. Records must include sufficient detail to disclose:

(1) Services provided to program participants.

(2) Administrative cost of services provided to program participants.

(3) Charges made and payments received for items identified in paragraphs (D)(1) and (D)(2) of this rule.

(4) Cost of operating the organizations, agencies, programs, activities, and functions.

(E) Auditees and subrecipients must maintain adequate systems of internal control to ensure:

(1) Accurate and reliable financial and administrative reports.

(2) Efficient and effective use of resources.

(3) Compliance with applicable laws and regulations.

(F) Subrecipient monitoring reviews performed by ODJFS consist of:

(1) An examination to determine if funds passed through to subrecipients are used appropriately, effectively, and in compliance with all applicable laws and regulations. Monitoring is proactive; it allows for early intervention to correct issues before they become audit findings.

(3) Monitoring activities that may take the form of desk reviews, site visits, financial & performance report reviews, audit follow-ups, and providing technical assistance as needed.

(4) Subrecipient monitoring results may require completion of a continuous improvement plan for any observations identified in the monitoring review.

(a) The components of the continuous improvement plan at a minimum include:

(i) Observation and recommendation.

(ii) Underlying cause of the issue.

(iii) Implementation steps.

(iv) Resource needs.

(v) Implementation schedule.

(vi) Position(s) responsible for implementation.

(vii) Completed on agency letterhead, signed and dated by agency head or designee.

(b) Continuous improvement plans shall be completed within a reasonable amount of time as agreed upon but not to exceed thirty days. If after thirty days no completed continuous improvement plans are received, ODJFS reserves the right to issue the final subrecipient monitoring report with no agency response.

(c) Any completed continuous improvement plans received from the agency are reviewed and acknowledged. ODJFS acknowledgement does not indicate approval of any actions identified in the continuous improvement plan(s) or make representations as to its completeness or effectiveness.

(d) At the completion of the monitoring review a final subrecipient monitoring report is released to the agency and includes applicable program areas. If applicable, this report will include the continuous improvement plan(s) completed by the subrecipient.

(G) Audits performed by ODJFS consist of:

(1) An examination to determine if subrecipients have properly managed and reported funds in compliance with all applicable federal requirements, program rules, and grant conditions. Auditing is reactive; it produces formal reports and findings that may require corrective action plans or even the repayment of funds if costs are disallowed. This provides accountability, prevents misuse of funds, and ensures that program objectives are met.

(2) An examination or review includes any assessment of records, data, or other evidence to determine whether any public office or subrecipient has accounted for, claimed, or expended federal funds received from or through ODJFS. The timing, frequency, scope, and objectives may vary with ODJFS' assessment of needs and the available resources of ODJFS.

(3) Audit results are communicated in an audit report. This may be the basis for action by ODJFS as authorized by applicable laws or regulations, state statute or administrative rule, including, but not limited to, section 5101.24 of the Revised Code.

(4) At the conclusion of an audit, ODJFS may conduct an exit conference with the auditee. Objectives of exit conferences include:

(a) To provide ODJFS with an opportunity to present the results of the audit and obtain the response of the auditees.

(b) To provide the auditee with an understanding of the audit findings.

(5) The auditee's response to the audit findings shall be completed within a reasonable amount of time as agreed upon but not to exceed thirty days. If after thirty days no response is received, ODJFS reserves the right to issue the final audit report with no agency response.

(6) Audit reports are subject to review by ODJFS, as necessary and required by 2 C.F.R. part 200.

(H) Based on subrecipient monitoring and audit results, ODJFS reserves the right to exercise any administrative, contractual, equitable, or legal remedies available without limitation. Additionally, ODJFS may take one or more of the following actions:

(1) Temporarily withhold payments until the subrecipient takes corrective action.

(2) Disallow costs for all or part of the activity associated with the noncompliance of the subrecipient.

(3) Suspend or terminate the award in part or in its entirety.

(4) Require payments as reimbursements rather than advance payments.

(5) Require additional or more detailed financial reports.

(6) Require additional monitoring.

(7) Require the subrecipient to obtain technical assistance.

(I) ODJFS may develop and implement policies and procedures at variance with the provisions of this rule as necessary to comply with the requirements of applicable laws and regulations.

Last updated May 11, 2026 at 8:06 AM

History

Effective: May 11, 2026
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-9-37 Data system security.

To help secure departmental data, all county and state employees and contractors (hereafter referred to as 'user' or 'users') who access data systems maintained by or on behalf of the Ohio department of job and family services (ODJFS) via the private or public network, must follow the restrictions and requirements listed in this rule.

(A) Users must comply with requirements and restrictions listed on the JFS 07078 ("Code of Responsibility") form (whether signed in paper or digital form) and JFS user attestation.

(B) The JFS 07078 is required for every new user accessing the system, and for making changes to an existing user's access.

(C) An original signed JFS 07078 hard copy form must be submitted to ODJFS with every county request for a user-ID or user access to ODJFS networks.

(D) The digital JFS user attestation located on MyOhio and accessed with a system user identification (system user-ID or SUID, also known as an Ohio ID or OHID), must be acknowledged by all users, both at the time access is requested for that user, and each year thereafter.

(E) The content of the JFS 07078 and user attestation are managed by the ODJFS office of information services, and county agencies are prohibited from modifying the JFS 07078 form or user attestation.

(F) Users are responsible for system inquiries and activities executed with their OHID, so users must limit inquiries and activities to work-related purposes, and are only permitted to access the files or information that are needed to perform their own job.

(G) To help prevent unauthorized access to ODJFS systems or data, users must create strong passwords that follow DAS password standards found at https://das.ohio.gov/technology-and-strategy/policies/2100-01, and are prohibited from sharing their OHID password with anyone else.

(H) Work terminals and work-provided computers, tablets, and smartphones must never be left unsecured when logged onto the ODJFS network or device.

(I) In addition to the JFS 07078 and user attestation, users shall comply with the data security and privacy provisions contained in IPP 3001 (information security), IPP 3922 (code of responsibility), and IPP 10002 (computer and information systems usage), all of which can be found in ODJFS's intranet policy library.

Last updated December 5, 2025 at 7:16 AM

History

Effective: December 5, 2025
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-9-38 County electronic data usage.

(A) As used in this rule, "county family services agency" means a county department of job and family services, child support enforcement agency, public children services agency, or other entity designated by a board of county commissioners in accordance with section 307.981 of the Revised Code.

(B) The county family services agency shall not download, match, scrape or extract data, or data elements from any Ohio department of job and family services (ODJFS) system(s) where the data owner is the internal revenue service (IRS), social security administration (SSA) or other state or federal entity, without obtaining express written permission from the data owner, for the download, match, scrape or data extract. ODJFS can only authorize the download, scrape or extract of data where ODJFS is the data owner. Any data marked or labeled as federal tax information (FTI) or marked or labeled as having originated from the IRS, SSA or other federal or state entity, will be presumed to have come from that federal or state entity, and will require review and approval of both ODJFS and the federal or state entity that is believed to own the data, before the county family services agency is permitted to download, match, scrape, or extract that data. If data is not clearly marked or labeled as federal or state-owned data, and it is unclear which entity owns the data, the county family services agency must notify ODJFS prior to conducting any download, match, scrape, or extract, so that ODJFS can ascertain the identity of the data owner and any applicable restrictions on access, use and redisclosure.

(C) Excluding the data and data elements described in paragraph (B) of this rule, and so long as the notification requirements in paragraph (C)(4) of this rule are met,the following are permissible uses of ODJFS systems including but not limited to SETS, Ohio benefits, and ARIES:

(1) A county family services agency employee may download, match, scrape or extract data from an ODJFS system to perform duties directly related to or required by his or her job functions or duties, but only if such job functions or duties are directly related to administration of programs overseen by ODJFS for which the county family services agency is responsible for administering on behalf of ODJFS. This includes utilizing data to fulfill federal or state program-related audit requirements, to the extent necessary and appropriate.

(2) A person or third party under contract with a county family services agency may download, match, scrape or extract data from an ODJFS system if:

(a) It is directly related to or required for administration of program(s) overseen by ODJFS, which the county family services agency is responsible for administering on behalf of ODJFS;

(b) The contract requires, at a minimum, that the contractor comply with the same confidentiality and data security provisions to which ODJFS and the county family services agency are subject; and,

(c) The county family services agency assumes full legal and financial responsibility, including for any litigation or adverse federal, state, or county audit findings resulting from the contractor's use, management, misuse or mismanagement of the data.

(d) Except as prohibited by law, nothing in paragraph (C)(2)(c) of this rule shall prevent the county family services agency from seeking and obtaining payment or other compensation or relief from its contractor, either as set forth in the county family services agency's contract with its contractor, or by way of legal, administrative, or other action.

(3) Any download, match, scrape or extraction of data under paragraph (C) of this rule shall be in compliance with data security requirements contained in rule 5101:9-9-37 of the Administrative Code and all other applicable federal and state confidentiality laws.

(4) In accordance with ODJFS "Internal Policy and Procedure 3002 (Data Governance and Analytics)," the county family services agency must notify ODJFS of any data that is stored in a county system that has been downloaded, scraped or extracted from an ODJFS system under paragraph (C) of this rule. To initiate the notification process, the county family services agency (CFSA) must send an email to the data request management system (DRMS) email at drms_admin@jfs.ohio.gov indicating that the CFSA wishes to notify ODJFS of a data request covered under paragraph (C) of rule 5101:9-9-38 of the Administratice Code. The CFSA will then receive a reply email with a link to the DRMS system, so that the CFSA can enter the following additional details about the request:

(a) A list of the data elements or fields of data that will be downloaded, scraped, or extracted;

(b) The name of the system, application, or tool from which data will be downloaded, scraped or extracted;

(c) The name of the county, local, or third party system, application, or tool to which data will be moved, transferred or stored;

(d) A statement signed by the county agency director, technical point of contact, or local security coordinator indicating that all state and federal privacy, security, and other requirements, including those specified in this rule, are being met, or will be met prior to the transfer of data to the county, local, or third party system, application, or tool. The statement should expressly reference rule 5101:9-9-38 of the Administrative Code.

(D) Except when specifically authorized by paragraph (C) of this rule, a county family services agency shall obtain the written approval of ODJFS prior to performing or authorizing any person or entity to perform any download, match, scraping or extraction of data from ODJFS systems that is migrated to a computer system, data base or application not under the control of ODJFS. To obtain approval from ODJFS, the county family services agency shall utilize the following procedure:

(1) The director of the county family services agency or designee shall submit a data request, as outlined in ODJFS "Internal Policy and Procedure 3002 (Data Goverance and Analytics)," to the ODJFS deputy director who is responsible for authorizing the use of the data. The county family services agency's request must identify:

(a) The specific data being sought;

(b) The business use of the data;

(d) Why the data access through existing state supported reporting software does not address the county's needs;

(e) Any potential impact upon ODJFS systems;

(f) The technical details involved;

(g) Each entity that exercises control over the computer system, application, or data base to which the data will be migrated; and

(h) The data security controls that will be used by the county agency, including the completion of a "Privacy Impact Assessment" (PIA), as required by section 1347.15 of the Revised Code, when data is migrated to a computer system, data base or application not under the control of ODJFS.

(2) The authorizing ODJFS deputy director, in conjunction with the ODJFS chief legal counsel and ODJFS chief information officer, or their designees, will review the county family services agency request to determine the appropriateness, feasibility, and legality of the request. ODJFS may opt to have a representative from the requesting county family services agency explain the request and answer any questions from ODJFS, including but not limited to, technical, legal, programmatic or confidentiality issues.

(3) ODJFS will provide a tentative approval or disapproval within sixty days of the receipt of the county family services agency request, as well as ODJFS' receipt of any additional information it needs to make a tentative decision. Final approval does not occur until the supporting documentation, including the proposed "Data Sharing Agreement" (DSA) and completed PIA is reviewed by ODJFS and the authorizing deputy director notifies the county family services agency of the decision in writing.

(4) If the county family services agency data request is approved by ODJFS, the county family services agency must execute the DSA with any entity receiving and/or accessing the data. The DSA shall:

(a) Specify the dates during which the DSA will be in effect, which shall not be longer than two years, subject to renewal.

(b) Identify the data, business use(s) of the data, technical details, and the responsibility of the county family services agency to ensure that all federal and state data security and confidentiality requirements are met.

(c) Not be effective prior to the date that it is signed by both the county family services agency representative and any participating entity.

(5) If the county family services agency wants to change any provisions of the original request, including the business use of the data and/or the computer system, data base or application not under the control of ODJFS to which the data is being migrated, the county family services agency shall seek approval of the changes from ODJFS, following the requirements in paragraphs (D)(1) to (D)(4) of this rule. No changes are permitted until ODJFS approves the request.

(E) For any data downloaded, matched, scraped, or extracted under this rule, the county family services agency must also agree to:

(1) Have the county agency director, technical point of contact, or local security coordinator submit a signed statement to ODJFS one year after the statement described in paragraph (C)(4)(d) of this rule, and each year thereafter, indicating that all state and federal privacy, security, and other requirements, including those specified in this rule, are being met;

(2) Promptly notify ODJFS of any data exposures, breaches, or incidents, involving ODJFS data that was transferred to or stored in the county, local, or third party system, application, or tool; and

(3) Submit to ODJFS oversight, including regular audits, and to timely remedy any legal or regulatory non-compliance.

Last updated December 5, 2025 at 7:14 AM

History

Effective: December 5, 2025
Promulgated Under: 111.15

Chapter 5101:9-10 Public Assistance Programs

Ohio Adm.Code 5101:9-10-01 County department of job and family services performance measures, standards and goals.

(A) Pursuant to section 5101.22 of the Revised Code, the Ohio department of job and family services (ODJFS) office of families and children (OFC) has established county department of job and family services (CDJFS) performance measures, standards, goals, and continuous improvement methodologies to improve the administration of OFC programs delivered by a CDJFS. The OFC programs include Ohio works first (OWF), and prevention, retention and contingency (PRC) authorized by temporary assistance for needy families (TANF), disability financial assistance (DFA) and food assistance. Each county will be measured using the same data sets or calculations.

(B) Performance standards define and specify a minimum level of performance that all CDJFS must meet or be subject to paragraph (D) of rule 5101:9-10-02 of the Administrative Code.

(D) ODJFS will use the data published quarterly in the outcome management section (OMS) performance management report to determine CDJFS progress toward meeting annual goals and standards.

(E) The goals and standards for each measure are defined as follows:

(1) Family food assistance benefits receipt rate

(a) The purpose of the family food assistance benefits measure is to determine the number of eligible low income families, with children, who received food assistance benefits.

(b) This measure is the number of low-income households with children receiving food assistance benefits as a percentage of the total number of low income households with children based on the most recent available U.S. decennial census one hundred thirty per cent federal poverty level (FPL).

(c) The standard is set at the top of the lower quartile of county performance as established by measurement of county performance from October 2002 to September 2003. This standard shall be that at least sixty-three per cent of families, with children, at or below one hundred thirty per cent of the FPL receive food assistance benefits.

(d) The goal is set at the rate met by the lowest seventy-five per cent of counties as established by measurement of county performance from October 2002 to September 2003. This goal shall be that at least eighty-three per cent of families, with children, at or below one-hundred-thirty per cent of the FPL receive food assistance benefits.

(e) The family food assistance benefits measure is calculated as follows:

(i) Determine the number of families with children with income below one hundred thirty per cent of the federal poverty level. This is the denominator.

(ii) Determine the number of food assistance assistance groups with children. This is the numerator.

(iii) Divide the numerator by the denominator, then multiply by one hundred.

(f) The time period for the rate is yearly, based on the federal fiscal year.

(2) Federal all-family work participation rate

(a) The purpose of the federal all-family work participation rate is to measure work required OWF participants' engagement in allowable work activities.

(b) This measure is the percentage of OWF assistance groups with a work eligible individual(s) that meet the federal all-family work participation rate.

(c) The standard is set by federal law, 45 CFR 261.21. This standard shall be that at least fifty per cent of required OWF assistance groups with a work eligible individual(s) meet federal work requirements.

(d) The goal shall be that at least seventy-five per cent of required OWF assistance groups with a work eligible individual(s) meet federal participation requirements.

(e) The federal all-family work participation rate is calculated as follows:

(i) Determine the number of OWF assistance groups with a work eligible individual(s) required to participate in an allowable work activity. This is the denominator.

(ii) Determine the number of OWF assistance groups with a work eligible individual(s) participating in an allowable work activity for the required number of hours. The required number of hours is federally defined. This is the numerator.

(iii) Divide the numerator by the denominator, then multiply by one hundred.

(f) The time period for the rate is yearly, based on the federal fiscal year.

(3) Federal two-parent work participation rate

(a) The purpose of the federal two-parent work participation rate is to measure participation of OWF assistance groups consisting of two work eligible individuals in federally allowable work activities.

(b) This measure is the percentage of OWF assistance groups consisting of two work eligible individuals that meet the federal two-parent work participation rate.

(c) The standard is set by federal law, 45 CFR 261.23. This standard shall be that at least ninety per cent of required OWF assistance groups meet federal work requirements.

(d) The goal shall be that at least ninety per cent of OWF assistance groups consisting of two work eligible individuals meet federal participation requirements.

(e) The federal two-parent work participation rate is calculated as follows:

(i) Determine the number of OWF assistance groups consisting of two work eligible individuals required to participate in an allowable work activity. This is the denominator.

(ii) Determine the number of OWF assistance groups consisting of two work eligible individuals participating in an allowable work activity for the required number of hours. The required number of hours is federally defined. This is the numerator.

(iii) Divide the numerator by the denominator, then multiply by one hundred.

(f) The time period for the rate is yearly, based on the federal fiscal year.

History

Effective: January 1, 2010
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-10-02 County department of job and family services continuous improvement plan.

(A) For purposes of this rule, continuous improvement means a strategy to examine the current county department of job and family services (CDJFS) operations and processes to improve operational efficiencies and effectiveness of Title IV-A of the Social Security Act of 1935 as amended, food assistance, or disability financial assistance (DFA) services to clients and customers. It will include steps to maintain and continuously improve results.

(B) CDJFS continuous improvement plans must include the following:

(1) An analysis that determines the causes for not meeting performance.

(2) Identified targets for improving results.

(3) Specified performance improvement strategies or action steps that are based on analysis.

(4) Projected time frames for implementing strategies and achieving results.

(5) Designation of an individual who is responsible to carry out the strategies or steps.

(6) Designated resources necessary to carry out the plan.

(7) Defined strategies to monitor and analyze the implementation, the results, and the accomplishments of the plan.

(8) A defined strategy to continually revise the continuous improvement plan based upon successes and new challenges and to continually assure improved performance.

(9) The elements specified in paragraphs (B)(1) to (B)(8) of this rule may be modified as determined appropriate by the assigned outcome management supervisor subject to Ohio department of job and family services (ODJFS) approval.

A CDJFS may develop a voluntary continuous improvement plan on any Title IV-A of the Social Security Act, food assistance, or DFA program for which it seeks improved performance. The CDJFS voluntary continuous improvement plan must comply with the conditions defined in paragraph (B) of this rule.

(D) Required continuous improvement plans

(1) The CDJFS is required to develop and implement continuous improvement plans for Title IV-A of the Social Security Act, food assistance, or DFA program measures as defined in rule 5101:9-10-01 of the Administrative Code, when the CDJFS:

(a) Does not meet a Title IV-A, food assistance, or DFA CDJFS performance standard for the prior measurement year;

(b) Does not meet a Title IV-A, food assistance, or DFA CDJFS performance standard as defined in paragraphs (E)(1) to (E)(3) of rule 5101:9-10-01 of the Administrative Code for two consecutive quarters. If the CDJFS performance is above the standard in the latest available two consecutive quarters, but below the standard on the measurement year at the time the annual performance rate data becomes available, Ohio department of job and family services (ODJFS) has the option to waive the criteria in paragraph (D)(1)(a) of this rule in the determination process of whether a continuous improvement plan is required.

(2) When ODJFS determines that conditions stated in paragraph (D)(1) of this rule exists, ODJFS will issue a notice to the CDJFS director that the CDJFS agency is required to develop and implement a continuous improvement plan pursuant to paragraph (D) of this rule.

(a) Within thirty calendar days of the issuance date of the notice, the CDJFS shall submit a continuous improvement plan to the ODJFS for review, approval, or disapproval by the assigned outcome management supervisor.

(b) Within forty-five calendar days of the issuance of the notice, continuous improvement plans which have been disapproved by the assigned outcome management supervisor shall be revised by the CDJFS and resubmitted to ODJFS for review, approval, or disapproval by the assigned outcome management supervisor.

(c) Within sixty calendar days of the issuance date of the notice, the CDJFS shall implement an ODJFS-approved continuous improvement plan.

(d) Failure to submit an approvable continuous improvement plan and failure to implement an ODJFS-approved continuous improvement plan will invoke corrective action as defined in paragraph (E) of this rule.

(3) CDJFS continuous improvement plans must comply with paragraph (B) of this rule.

(4) The ODJFS-approved CDJFS continuous improvement plan implementation will be reviewed by ODJFS on a quarterly basis.

(5) After two quarters of meeting the standard as determined by ODJFS, the CDJFS continuous improvement plan will not require monitoring by ODJFS.

(6) Requesting a review of a determination that a continuous improvement plan is required as defined in paragraph (D) of this rule:

(a) If a CDJFS has reasonable cause to believe that ODJFS incorrectly calculated data, as specified in rule 5101:9-10-01 of the Administrative Code, or failed to follow procedures as specified in this rule for requiring a continuous improvement plan it may request a review of the decision in accordance with the following:

(i) Within thirty days of the issuance of a notice requiring a continuous improvement plan, the CDJFS must submit a letter and supporting documentation to ODJFS.

(ii) The letter and supporting documentation shall demonstrate that there was a specific ODJFS error(s) in the calculation or procedures.

(iii) ODJFS may request additional information from the CDJFS in order to render a decision. The CDJFS will have thirty days to supply additional data if requested by ODJFS.

(iv) Within thirty days of receiving a complete request for review, ODJFS will notify the CDJFS in writing of its findings.

(b) Shall not be a reason to delay development or implementation of a required continuous improvement plan as defined in paragraph (D) of this rule.

(E) Corrective action

(1) A CDJFS that does not develop or implement a continuous improvement plan as defined in paragraph (D) of this rule may be subject to the corrective action requirements as specified in division (B) of section 5101.221 of the Revised Code. The corrective action requirements and consequences for non-compliance are defined in section 5101.221 and section 5101.24 of the Revised Code.

(2) Notwithstanding the provisions in this rule, ODJFS at its sole discretion, may require a CDJFS to develop a corrective action plan in accordance with section 5101.221 and/or section 5101.24 of the Revised Code, and/or in response to a noncompliance finding by another state or federal agency.

(F) Continuous improvement assistance

ODJFS will provide technical assistance at the request of a CDJFS to assist in the development, implementation, and/or evaluation of a continuous improvement plan.

History

Effective: January 1, 2010
Promulgated Under: 111.15

Chapter 5101:9-22 ODJFS Practices - Release of Information and Investigations

Ohio Adm.Code 5101:9-22-10 Issuance of a subpoena for investigation by the Ohio department of job and family services (ODJFS).

(A) ODJFS' office of legal and acquisition services may in its discretion, and pursuant to section 5101.37 of the Revised Code, issue subpoenas using the JFS 05607 "Subpoena," to compel the attendance of witnesses or the production of documents as necessary for agency investigations, audits or hearings.

(B) To request a subpoena, the initiating office shall complete all information on the JFS 05607 except for the "subpoena number," certification of chief legal counsel, and "return of subpoena" section. The completed JFS 05607 shall be attached to a memorandum signed by the chief of the initiating office and the appropriate deputy director. This memorandum shall summarize the factual basis of the investigation and shall provide justification for the issuance of the subpoena including why the witnesses or documents are necessary to the investigation and an explanation of why the information cannot be obtained without a subpoena. The subpoena and attached memorandum are forwarded to the chief legal counsel or a designee for review and issuance.

(C) If the subpoena request is approved by the chief legal counsel or designee, the office of legal and acquisition services shall assign a subpoena number and the chief legal counsel or designee shall sign, date, and seal the subpoena.

(D) The JFS 05607 shall be served by an employee of the initiating office or other person appointed pursuant to section 5101.38 of the Revised Code. After service, the authorized subpoena server shall complete and sign the "return of subpoena" section of the JFS 05607, including indicating whether service was made by personal service; registered mail, return receipt requested; regular mail; or other method. A copy of the completed JFS 05607 shall be returned to the office of legal and acquisition services for inclusion in the subpoena log.

(E) The office of legal and acquisition services shall maintain a subpoena log to include a copy of each subpoena issued and served by ODJFS. The initiating office shall maintain all other records required by division (A) of section 5101.37 of the Revised Code.

(F) Fees and mileage for witnesses shall be the same as those allowed in division (A) of section 119.094 of the Revised Code and shall be paid by ODJFS from the funding source for the ODJFS work unit out of which the facts arose or were discovered, requiring an audit, hearing or investigation. No officer or employee of a county department of job and family services (CDJFS), child support enforcement agency (CSEA), or public children services agency (PCSA) is entitled to witness fees or mileage if the CDJFS, CSEA, or PCSA employing the witness is the subject of the investigation. Employees of ODJFS are not entitled to witness fees or mileage under these subpoena issuance procedures. However, ODJFS employees may be eligible for mileage under regular ODJFS travel expense reimbursement.

Last updated June 15, 2021 at 8:06 AM

History

Effective: June 15, 2021
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-22-15 Release of personal information held by the Ohio department of job and family services (ODJFS).

(A) Definitions.

(1) "Personal information" means any information that describes anything about a person, or indicates action done by or to a person, or indicates that a person possesses certain personal characteristics, and that contains, and can be retrieved from a system by a name, identifying number, symbol, or other identifier assigned to a person.

(a) Personal information includes, but is not limited to, the following:

(i) An individual's social security number, driver's license number, state identification number, state or federal tax identification number, financial account number, and credit or debit card number.

(ii) Identifying information about applicants for or recipients of ODJFS-administered benefits or services, including, but not limited to, their names, addresses, social security numbers, phone numbers, and social and economic status.

(iii) Information about ODJFS employees that does not meet the definition of "record" in section 149.011 of the Revised Code, which includes, but is not limited to, their home addresses, home or personal cell phone numbers, social security numbers, driver's license numbers, financial account numbers (especially personal identification numbers), and other non-work-related information.

(iv) Medical or health data about a particular person, including diagnosis and past history of disease or disability, past or current mental health status, and any reports or records pertaining to physical or mental health examinations status.

(b) As used in this rule, the term "personal information" excludes non-confidential and non-exempt (work-related) records about an individual that ODJFS or other public entities routinely make available to the general public, or ODJFS records that are required to be made available to the public pursuant to federal or state laws or regulations. An example is the public, work-related portion of an employee's personnel file. In addition, ODJFS staff assisting with responding to requests for aggregate data about applicants for, recipients of, and participants in ODJFS-administered or supervised programs, services, or benefits should review and comply with the masking requirement in Part VI, Section III of IPP 3002.

(2) "Records", per section 149.011 of the Revised Code, include any document, device, or item, regardless of physical form or characteristic, that is created or received by or coming under the jurisdiction of any public office of the state or its political subdivisions, which serves to document the organization, functions, policies, decisions, procedures, operations, or other activities of that office.

(3) "System" means any collection or group of related records that are kept in an organized manner, either manually or by any other method, and that are maintained by a state or local agency, and from which personal information is retrieved by the name of the person or by some identifying number, symbol, or other identifier assigned to the person. System does not include collected archival records in the custody of or administered under the authority of the Ohio history connection, published directories, reference materials or newsletters, or routine information that is maintained for the purpose of internal office administration, the use of which would not adversely affect a person.

(B) Release of any personal information that is maintained by ODJFS is governed by federal and state laws and regulations, including but not limited to the following:

(1) Section 149.43 of the Revised Code, which lists records that are exempt from treatment as public record, and which therefore need not be disclosed to the general public upon their request;

(2) Chapter 1347. of the Revised Code, which pertains to personal information systems, including the duties and obligations of state and local government agencies in the collection, maintenance, protection, use, modification, and release of personal information.

(3) Laws specific to programs administered or supervised by ODJFS, such as sections 5101.27, 4141.22, and 3125.50 of the Revised Code, which, along with corresponding rules and regulations, specify what applicant, recipient and participant-identifying information can be released, to whom it can be released, and under what circumstances it can be released.

(C) An individual will be designated as the chief privacy officer for ODJFS. The chief privacy officer is responsible for helping ensure that access to and use of ODJFS's personal information systems conforms with applicable confidentiality and privacy requirements, and that all necessary privacy impact assessments are performed. The chief privacy officer shall work with the chief information security officer on ODJFS's implementation of data security measures. Any unauthorized modification, destruction, use, disclosure, or breach of a personal information system must be reported to the chief privacy officer and chief inspector of ODJFS; and, if a system breach occurs or is believed to have occurred, it must also be reported to the chief information security officer of ODJFS.

(D) Any person authorized to access, maintain, or use a personal information system shall take reasonable precautions, including but not limited to role-based and job-specific security and privacy training offered or arranged by ODJFS to protect personal information in the system from unauthorized modification, destruction, use, or disclosure. In determining what is reasonable, consideration will be given to the following:

(1) The nature and vulnerability of the personal information.

(2) The physical facilities where the personal information is maintained or used.

(3) The requirements of federal and state law governing use of the personal information.

(4) Applicable ODJFS rules and policies.

(E) Disciplinary action, including, but not limited to, suspension or removal, may be brought against any employee who does the following:

(1) Intentionally violates any provision of Chapter 1347. of the Revised Code or other law related to the release of records or personal information.

(2) Initiates or otherwise contributes to any disciplinary or other punitive action against any individual who brings to the attention of appropriate authorities, the press, or any member of the public evidence of unauthorized use of personal information.

(3) Releases personal information in violation of state or federal law or refuses or fails to release information as provided by state or federal law.

(F) The office of legal and acquisition services acts as a clearinghouse for information and consultation related to requests for public records and personal information. Any employee of ODJFS who is unable to determine whether a record or information can be released, should consult with legal counsel regarding this determination.

Last updated March 24, 2022 at 8:26 AM

History

Effective: March 24, 2022
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-22-16 Employee access to confidential personal information.

(A) Definitions.

For the purposes of rules promulgated by this agency in accordance with section 1347.15 of the Revised Code, the following definitions apply:

(1) "Access" means to copy, view, or otherwise perceive, or an opportunity to copy, view or otherwise perceive.

(2) "Acquisition of a new computer system" means the purchase of a "computer system," as defined in this rule, that is not a computer system currently in place nor one for which the acquisition process has been initiated as of the effective date of this rule.

(3) "Computer system" means a "system," as defined in section 1347.01 of the Revised Code, that stores, maintains, or retrieves personal information using electronic data processing equipment.

(4) "Confidential personal information" (CPI) has the same meaning that it does in division (A)(1) of section 1347.15 of the Revised Code. The appendix to this rule identifies, in accordance with division (B)(3) of section 1347.15 of the Revised Code, the federal statutes and regulations and state statutes and administrative rules that make personal information maintained by the agency confidential.

(5) "Employee of the state agency" means each employee of a state agency regardless of whether he or she holds an elected or appointed office or position within the state agency. "Employee of the state agency" is limited to the specific employing state agency.

(6) "Incidental contact" means contact with the information that is secondary or tangential to the primary purpose of the activity that resulted in the contact.

(7) "Individual" means a natural person and in the context used in division (C)(1)(b) of section 1347.15 of the Revised Code, and paragraph (E)(4)(b)(iv) of this rule, means the subject of the confidential personal information, or the authorized representative, legal counsel, legal custodian or legal guardian of the subject of the confidential personal information, or any other similarly situated person who is permitted under state or federal law to act on behalf of, or in furtherance of, the interests of the subject of the confidential personal information, such as an executor or administrator appointed by the court or individual granted power of attorney by the subject of the information. "Individual" does not include an opposing party in litigation, or the opposing party's legal counsel, or an investigator, auditor or any other party who is not acting on behalf of, or in furtherance of the interests of, the subject of the confidential personal information, even if such individual has obtained a signed release from the subject of the confidential personal information.

(8) "Information owner" means the individual appointed in accordance with division (A) of section 1347.05 of the Revised Code to be directly responsible for a system.

(9) "Person" means a natural person.

(10) "Personal information" has the same meaning as it does in division (E) of section 1347.01 of the Revised Code.

(11) "Personal information system" means a "system" that "maintains" "personal information" as those terms are defined in section 1347.01 of the Revised Code. "System" includes both records that are manually stored and records that are stored using electronic data processing equipment.

(12) "Research" means a methodical investigation into a subject.

(13) "Routine" means commonplace, regular, habitual, or ordinary.

(14) "Routine information that is maintained for the purpose of internal office administration, the use of which would not adversely affect a person" as that phrase is used in division (F) of section 1347.01 of the Revised Code means personal information relating to ODJFS employees and maintained by the agency for internal administrative and human resource purposes.

(15) "System" has the same meaning as it does in division (F) of section 1347.01 of the Revised Code.

(16) "Upgrade" means a substantial redesign of an existing computer system for the purpose of providing a substantial amount of new application functionality, or application modifications that would involve substantial administrative or fiscal resources to implement, but would not include maintenance, minor updates and patches, or modifications that entail a limited addition of functionality due to changes in business or legal requirements.

(B) Procedures for accessing confidential personal information.

(1) Criteria for accessing confidential personal information.

Personal information systems of the Ohio department of job and family services (ODJFS) are managed on a "need-to-know" basis whereby the information owner determines the level of access required for an employee of the agency to fulfill his or her job duties. The determination of access to confidential personal information shall be approved by the employee's supervisor and the information owner before providing the employee with access to confidential personal information within a personal information system. The agency shall establish procedures for determining a revision to an employee's access to confidential personal information upon a change to that employee's job duties (including as a result of a job transfer) or separation from employment. Whenever an employee's job duties no longer require access to confidential personal information in a personal information system, the employee's access to confidential personal information shall be promptly removed.

(2) Individual's request for his or her own confidential personal information.

Upon the signed written request of any individual for confidential personal information that ODJFS maintains about the individual, ODJFS shall do all of the following:

(a) Verify the identity of the individual by a method that provides safeguards commensurate with the risk associated with any unauthorized access to, or use or release of, confidential personal information.

(b) Provide to the individual the confidential personal information that is not otherwise excluded from being released under Chapter 1347. of the Revised Code, or other federal/state laws or regulations.

(c) If information is related to an investigation about that individual, determine what, if any, information can be disclosed to the individual who was or is being investigated, provide the individual with any information that is permitted to be disclosed, and inform the individual, to the extent that it is legally required or permitted, of the legal basis for any records that are withheld or redacted.

(3) Notice of invalid access.

(a) Upon discovery or notification that confidential personal information of a person has been accessed by an employee for an invalid reason, the agency shall notify the person whose information was invalidly accessed as soon as practical, and provide him/her with details of the unauthorized access, to the extent known at the time. However, the agency shall delay notification for a period of time necessary to ensure that the notification would not delay or impede an investigation or jeopardize homeland or national security. Additionally, the agency may delay the notification consistent with any measures necessary to determine the scope of the invalid access, including which individuals' confidential personal information was invalidly accessed, and to restore the reasonable integrity of the system. "Investigation" as used in this paragraph means the investigation of the circumstances and involvement of an employee surrounding the invalid access of the confidential personal information. Once the agency determines that notification would not delay or impede an investigation, the agency shall disclose the access to confidential personal information made for an invalid reason to the person.

(b) Notification provided by the agency shall inform the person of the type of confidential personal information accessed and the date or dates of the invalid access, if known.

(c) Notification may be made by any method reasonably designed to accurately inform the person of the invalid access, including written, electronic, or telephone notice.

(4) Appointment of a data privacy point of contact and completion of a privacy impact assessment.

(a) The ODJFS director shall designate an employee of ODJFS to serve as the data privacy point of contact under the working title of "ODJFS chief privacy officer."

(b) The ODJFS chief privacy officer shall work with the state of Ohio chief privacy officer and the state of Ohio chief information security officer within the state of Ohio office of information technology to assist ODJFS with both the implementation of privacy protections for the confidential personal information that ODJFS maintains and compliance with section 1347.15 of the Revised Code and the rules adopted thereunder.

(c) The ODJFS chief privacy officer shall ensure the timely completion of the "privacy impact assessment form" developed by the state of Ohio office of information technology.

Division (B)(2) of section 1347.15 of the Revised Code contains a list of valid reasons, directly related to ODJFS's exercise of its powers or duties, for which ODJFS employees may access confidential personal information, regardless of the format in which the personal information system is maintained.

Except as prohibited by federal/state law, performing the following functions constitute valid reasons for authorized employees of the agency to access confidential personal information:

(1) Responding to a request from an individual for the list of the confidential personal information the agency maintains on that individual;

(2) Responding to a request for confidential personal information or records about an individual, submitted by someone other than the individual who is the subject of the information, but only if the applicable confidentiality provisions contain an exception that permits the employee to access and disclose the individual's information/records to the requesting party;

(3) Administering a constitutional provision or duty, such as conducting administrative hearings and affording other forms of due process to individuals denied benefits or services;

(4) Complying with or enforcing any state or federal law, regulation, or administrative rule that is directly connected to ODJFS or administration or oversight of ODJFS's various programs, including but not limited to the following activities:

(a) Processing applications for benefits or services, determining eligibility for benefits or services, providing services, issuing benefits and payments, recovering overpayments, or otherwise administering or overseeing a program with individual participants or beneficiaries;

(b) Auditing and accounting;

(5) Investigation or law enforcement purposes, when permitted or required by any applicable programmatic laws or regulations;

(6) Litigation, complying with an order of the court, or subpoena, but only after consultation with, and with the permission of, the office of legal and acquisition services;

(7) Human resource matters (including but not limited to hiring, promotion, demotion, discharge, salary/compensation issues, leave requests/issues, and time card approvals/issues);

(8) Complying with an executive order or policy that applies to ODJFS;

(9) Complying with a state-wide administrative policy issued by the Ohio department of administrative services, the office of budget and management, or other similar state of Ohio agency;

(10) Complying with a collective bargaining agreement provision; or

(11) Research in the furtherance of agency specific programs in so far as allowed by federal and state law.

(D) Confidentiality statutes and administrative rules.

The federal statutes and regulations and state statutes and administrative rules listed in the appendix to this rule make personal information maintained by the agency confidential and identify the confidential personal information that are subject to rules promulgated by this agency in accordance with section 1347.15 of the Revised Code.

(E) Restricting and logging access to confidential personal information systems.

For personal information systems that are computer systems and contain confidential personal information, ODJFS shall do the following:

(1) Access restrictions.

Access to confidential personal information that is kept electronically shall require a password or other sufficient authentication measure as determined by the ODJFS chief privacy officer as part of the "privacy impact assessment process."

(2) Acquisition of a new computer system.

When the agency acquires a new computer system that stores, manages, or contains confidential personal information, ODJFS shall include a mechanism for recording specific access by employees of ODJFS to confidential personal information in the system.

(3) Upgrading existing computer systems.

When ODJFS modifies an existing computer system that stores, manages, or contains confidential personal information, that results in over half of the lines of code associated with that system being modified, then that system must have an automated mechanism for recording specific access by employees of ODJFS to any confidential personal information that is accessed via that system.

Additionally, each update to a computer system is to be reviewed by the ODJFS chief privacy officer, or designee, to determine if an automated logging mechanism should be implemented with the proposed change. This review is to be conducted during the design phase of the proposed change to the computer system. It is the responsibility of the development team to consult with the ODJFS chief privacy officer at the design phase for this determination.

(4) Logging requirements regarding confidential personal information in existing ODJFS computer systems.

(a) ODJFS shall require employees who access confidential personal information within ODJFS computer systems to maintain a log that records that access.

(b) Access to confidential information is not required to be entered into the log under the following circumstances:

(i) The ODJFS employee is accessing confidential personal information for official agency purposes including research, and the access is not specifically directed toward a specifically named individual or a group of specifically named individuals.

(ii) The ODJFS employee is accessing confidential personal information for routine office procedures and the access is not specifically directed toward a specifically named individual or a group of specifically named individuals.

(iii) The ODJFS employee comes into incidental contact with confidential personal information and the access of the information is not specifically directed toward a specifically named individual or a group of specifically named individuals.

(iv) The employee of the agency accesses confidential personal information about an individual based upon a request made under either of the following circumstances:

(a) The individual requests confidential personal information about himself or herself; or

(b) The individual makes a request that ODJFS take some action on that individual's behalf and accessing the confidential personal information is required in order to consider or process that request.

(v) ODJFS shall use a consistent electronic means for logging where reasonably possible. If the logging requirements are already being met through existing means, then no additional logging is required in those instances.

(5) Log management.

ODJFS offices and bureaus shall document the process for manual logging of employee access to CPI for any systems or tools they utilize that do not automatically log such access. The log is to include information detailing when, by whom, and for what purpose CPI in a system is or was accessed, and all logs are to be retained for a minimum of three years.

View Appendix

Last updated December 11, 2025 at 7:11 AM

History

Effective: December 11, 2025
Promulgated Under: 119.03

Chapter 5101:9-30 Reimbursement Costs

Ohio Adm.Code 5101:9-30-02 Workforce Innovation and Opportunity Act (WIOA) exclusion of purchase of goods.

(A) The federal employment and training program authorized under Title I of the Workforce Innovation and Opportunity Act (WIOA) provides reimbursement of certain costs to providers of services as agreed to in a contract or sub-recipient agreement. Allowable reimbursement costs include but are not limited to the cost of:

(1) Training.

(2) Equipment. If purchased by sub-recipients of WIOA funds, and prior approval from ODJFS is obtained.

(3) Necessary books, materials, equipment and supplies required for the training program .

(B) The purchase of firearms and ammunition is an unallowable cost.

Last updated November 5, 2025 at 9:09 AM

History

Effective: November 1, 2025
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-30-04 Mandated use of the advancement through resources, information, and employment services (ARIES) system and county finance information system (CFIS).

(A) The following entities will ensure accurate reporting of local Workforce Innovation and Opportunity Act (WIOA) participants, activities, and financial and performance information to ODJFS.

(1) Chief elected officials as defined by section 3(9) of WIOA.

(2) The local workforce development board, as established by section 107 of WIOA.

(3) The OhioMeansJobs center operator, the provider of career services, and the provider of youth services identified in section 107(d)(10) of WIOA.

(4) The fiscal agent as established in section 107(d)(12)(B)(i)(II) of WIOA.

(B) Local workforce development boards, chief elected officials, OhioMeansJobs center operators, and providers of career services and youth services referenced in paragraph (A) of this rule must use the advancement through resources, information, and employment services (ARIES) system to report within thirty days of receipt, all required information about WIOA participants, services, case management, and performance.

(C) Local workforce development boards, chief elected officials, and fiscal agents referenced in paragraph (A) of this rule must use the county finance information system (CFIS) to report financial information.

Last updated May 2, 2022 at 8:52 AM

History

Effective: May 1, 2022
Promulgated Under: 111.15

Chapter 5101:9-31 Workforce Investment Act (WIA) Allocations

Ohio Adm.Code 5101:9-31-01 General requirements for use and expenditures of workforce development activities by local areas.

(A) Definitions.

The following definitions are applicable to this rule:

(1) "Local area" means a geographic area of a state designated by the governor in accordance with section 106 of the Workforce Innovation and Opportunity Act (WIOA) that serves as a jurisdiction for the administration of workforce development activities delivered through a local workforce development system.

(2) "Grant recipient" means the Ohio department of job and family services (ODJFS).

(3) "Subgrantee" means local area chief elected officials. For purposes of this agreement, "subgrantee" has the same meaning as "grantee" as defined in division (A)(3) of section 5101.20 of the Revised Code and "grant recipient" as defined in section 107(d)(12)(B) of WIOA.

(4) "Agreement" means contract, subgrant agreement, memorandum of understanding (MOU), and/or interagency agreement.

(5) "Financial assistance" means all cash, reimbursements, allocations of funds, and cash draws provided by ODJFS to a local area. All requirements related to financial assistance also apply to public money used by the county to match state or federal funds.

(6) "Chief local elected officials," when used in reference to a local area, means the chief elected executive officer of a unit of general local government in a local area; and in a case in which a local area includes more than one unit of general local government, the individuals designated under an intergovernmental agreement that assigns one or more executive officers authority to carry out responsibility on behalf of the others for matters related to WIOA and the local workforce development system.

(7) "Fiscal agent" means an entity designated by the chief elected official in accordance with section 107(d)(12)(B)(i)(II) of WIOA to assist in the administration of workforce WIOA grant funds under the direction of the local workforce development board. The WIOA fiscal agent receives and manages all formula workforce development funds for the area and other federal, state, or local funds allocated to the local workforce area as detailed in rule 5101:9-7-05 of the Administrative Code.

(8) "Local workforce development board (LWDB)" means the board established by chief elected officials per section 107 of the WIOA to set policy and to be responsible for administration and oversight of the local workforce development system in collaboration with the local workforce system partners and workforce stakeholders.

(9) "Workforce development activity" as defined in section 6301.01 of the Revised Code, means an activity carried out through a workforce development system with the primary goal of achieving one or more of the following:

(a) Help maximize employment opportunities;

(b) Help employers gain access to skilled workers;

(d) Help develop or enhance the skills of incumbent workers;

(e) Improve the quality of the state's workforce; and

(f) Enhance the productivity and competitiveness of the state's economy.

(B) Representatives of the local area, including the subgrantee, LWDB and fiscal agent enter into a subgrant agreement with ODJFS that will authorize local area expenditures of funds and outline the roles and responsibility of each party under WIOA and all applicable federal and state rules. The local area representatives may only expend workforce development funds on activities and in a manner consistent with the approved WIOA local plan and subgrant agreement. The subgrantee ensures all workforce development funds included in the subgrant agreement are used in accordance with the following:

(1) All U.S. department of labor (DOL) WIOA provisions and all corresponding federal regulations;

(2) The administrative requirements and procedures established under 97 Title 29, Part 97 of the Code of Federal Regulations (C.F.R.) and the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in 2 C.F.R. 200, as they relate to the application, acceptance, audit, and use of federal funds, except where such administrative requirements and procedures have been superseded or augmented by WIOA legislation, state law, local regulations and laws, or other federal law;

(3) State and federal laws and regulations, including any applicable executive orders;

(4) The state plan for receipt of federal financial participation;

(5) The terms and conditions of the grant award; and

(6) Applicable grant agreements between ODJFS and federal agencies.

(C) The subgrantee, LWDB and fiscal agent make available for examination all records with respect to matters covered by this rule during normal business hours and as often as ODJFS may deem necessary. As the recipient of the federal grant and in accordance with state and federal regulations, ODJFS has the authority to:

(1) Examine all records of the subgrantee, LWDB and fiscal agent. Should records not meet the standards established by the generally accepted accounting practices, ODJFS reserves the right to withhold any or all of its funding to the subgrantee until such time as they do meet these standards;

(2) Examine all forms and documents used, including, but not limited to, purchase orders, supply requisitions, invoices, journal vouchers, travel vouchers, payroll checks, and other checks used by the subgrantee;

(3) Require the subgrantee, LWDB and fiscal agent to use any or all of ODJFS' accounting or administrative procedures used in the planning, controlling, monitoring, procurement, and reporting of all fiscal matters;

(4) Dispatch auditors of its choosing to any site where any phase of the program is being conducted, controlled, or advanced in any way, tangible or intangible. Such sites may include the home office, any branch office or other locations of the subgrantee and its subgrantees, if such sites or the activities performed thereon have any relationship to the WIOA program. The subgrantees' agreements with lower-tier subgrantees must allow for the same level of access by ODJFS and its auditors as described in this paragraph;

(5) Conduct physical inspections and require such physical safeguarding devices as locks, alarms, safes, fire extinguishers, etc., to safeguard property and/or equipment; and

(6) Attend any and all of the subgrantees' staff meetings, LWDB meetings, advisory committee meetings, and advisory board meetings if an item to be discussed relates to the operation of the local area.

(D) In the event that the federal government, directly or through its agencies, requires ODJFS to repay funds because of misfeasance, malfeasance, or nonfeasance by the subgrantee, LWDB, or fiscal agent the subgrantee will be liable for any such funds that the federal government has ordered repaid. Disputes between ODJFS and the subgrantee will be resolved according to section 5101.24 of the Revised Code. The subgrantee is the responsible entity or responsible county grantee for purposes of applying section 5101.24 of the Revised Code.

(E) The subgrantee is responsible for all workforce development funds received including all associated actions.

(1) The subgrantee ensures that every officer, director, agent or employee authorized to act on behalf of the subgrantee in receiving or depositing funds into program accounts, or in issuing financial documents, checks, or other instruments of payment for payment of program costs will be bonded so as to provide adequate protection against loss.

(2) The subgrantee ensures prompt payment relating to employment including, but not limited to, unemployment compensation contributions or reimbursements, insurance premiums, workers' compensation premiums, all income tax deductions, social security deductions, public employment retirement system contributions, and any and all other employer taxes and payroll deductions required by law or contract for all employees, trainees, work experience participants, and anyone receiving monetary benefits as a result of participation in WIOA programs.

(3) The subgrantee establishes such management and fiscal controls and reports as are necessary to maintain effective controls and safeguards to prevent abuses or misuse of funds and be in compliance with the subgrantee monitoring rule, rule 5101:9-1-88 of the Administrative Code, and prevent any misuse of funds by any entity with whom it subcontracts. All provider subcontracts entered into by the subgrantee are subject to review and will be made available upon request by the recipient.

(4) The subgrantee appoints a fiscal agent that receives and manages all workforce development funding. On behalf of the subgrantee the fiscal agent shall:

(a) Establish and maintain separate accounting records for the management of the workforce development funds in accordance with the rules of funding for workforce development activities;

(b) Utilize the county finance information system (CFIS) as a unified financial reporting system as set forth in 20 C.F.R. 683.300;

(c) ) Utilize the random moment sample (RMS) system for reporting staff and/or administrative costs as detailed in rule 5101:9-7-20 of the Administrative Code and ODJFS' U.S. department of health and human services (DHHS) cost allocation plan in compliance with 2 C.F.R. part 200. All WIOA stand alone areas allocate their costs in accordance with rule 5101:9-31-17 of the Administrative Code; and

(d) Implement fiscal practices in accordance with rules 5101:9-7-04, 5101:9-7-04.1, and 5101:9-7-05 of the Administrative Code.

(F) The subgrantee adheres to procurement requirements for all goods and services as outlined in rule 5101:9-4-07 of the Administrative Code, unless the local area requirements are more restrictive.

(G) Subgrantees, LWDBs and fiscal agents will not purchase personal property or equipment with federal funds without written approval from ODJFS if the purchase meets or exceeds the threshold amount listed in the definition for "equipment" under 2 C.F.R. 200.1. Purchases under federal grants/subgrants awarded prior to October 1, 2024 are subject to a threshold of five thousand dollars or more; purchases under federal grant awarded on after October 1, 2024 are subject to a ten thousand dollar threshold. Purchase of real property or new construction is prohibited. The subgrantee will not loan any workforce development funds.

(H) The subgrantee may be reimbursed for necessary and reasonable indirect costs if:

(1) The local area is included in a county-wide central cost allocation plan developed and maintained by the board of county commissioners (BOCC).

(2) In the case of all other local areas, the subgrantee has obtained prior approval of an indirect cost allocation plan from a federal agency from which the subgrantee is receiving funds and that has been assigned responsibility by the U.S. office of management and budget (OMB) for approving the subgrantees' indirect cost proposal. The subgrantees without a federal cognizant agency must receive approval of an indirect cost allocation plan from ODJFS before charging indirect costs.

(I) The subgrantee, LWDB and fiscal agent comply with the standards of conduct for maintaining the integrity of the programs and activities carried out in the local area and will avoid any conflict of interest that violates any, federal state or local law, regulation or policy, including WIOA Section 107(h) regulations and Ohio ethics law.

(1) Every reasonable course of action will be taken by the subgrantee, LWDB and fiscal agent maintain the integrity of all expenditures of public funds and to avoid any favoritism or questionable or improper conduct.

(2) The subgrantee, LWDB and fiscal agent ensure the local workforce development system and the programs and activities carried out in the local area will be conducted in an impartial manner, free from personal, financial, or political gain. The subgrantee, LWDB, fiscal agent their executive staff and employees, will avoid situations that give rise to a suggestion that any decision associated with subgrant expenditures and activities was influenced by prejudice, bias, special interest, or personal gain.

(3) Members of the subgrantee, LWDB or fiscal agent staff who are either executive agency lobbyists or who employ one must register and be in compliance with sections 121.61 to 121.69 of the Revised Code.

(J) The subgrantee, LWDB and fiscal agent retain all records in accordance with rule 5101:9-9-21 of the Administrative Code pertaining to this program for at least a period of three years or longer as required by local, state, and federal laws.

Last updated April 22, 2025 at 7:54 AM

History

Effective: April 20, 2025
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-31-07 Workforce Innovation and Opportunity Act (WIOA) national dislocated worker grant (NDWG) allocation.

(A) The Ohio department of job and family services (ODJFS) issues national dislocated worker grant(NDWG) allocations to the Workforce Innovation and Opportunity Act (WIOA) local areas to provide assistance in response to large, unexpected economic events which cause significant job losses as described in section 170 of WIOA and the corresponding federal regulations included in 20 C.F.R. 687.

(1) NDWG funds assist WIOA local areas in temporarily expanding the capacity to serve dislocated workers, including military services members, and meeting the increased demand for employment and training services, with the goal of quickly reemploying laid-off workers and improving their employability and earnings.

(2) Disaster NDWGs provide funding to create temporary employment opportunities to assist with clean-up and recovery efforts, when a WIOA local area impacted by disaster is declared eligible for public assistance by the federal emergency management agency (FEMA) or otherwise recognized by a federal agency with authority or jurisdiction over the federal response to the emergency or disaster.

(3) NDWG funds are available in response to significant dislocation events that create a sudden need for assistance, which exceeds the on-going operations of the formula-funded dislocated worker program, including resources reserved at the state level.

(B) The assistance listings number is 17.277.

(C) ODJFS communicates the funding and liquidation periods through the county finance information system (CFIS). The WIOA local area may incur obligations through the funding period and disburse and report expenditures no later than the end of the liquidation period. Expenditure of NDWG funds is authorized under the biennial WIOA subgrant agreements executed between ODJFS and each local area.

(D) ODJFS negotiates the scope of services to be provided with an NDWG with the United States department of labor (DOL). The services are based on the needs of the targeted population covered by the NDWG, information provided by the WIOA local area where the event(s) occurred, and other relevant circumstances. NDWG funds are generally used for the following services:

(1) Career and training services as defined in sections 134(c)(2) and 134(c)(3) of WIOA;

(2) Supportive and enhanced career-pathway services to help workers participate in the activities provided for under the NDWG;

(3) Needs-related payments (NRP) are provided as financial assistance to support other employment and training assistance needs for dislocated workers to participate in training services; and

(4) Disaster projects and short-term relief employment.

(E) WIOA local areas that have identified the need for NDWG assistance submit a formal request to ODJFS in accordance with the following procedures:

(1) Requests may be submitted at any time during the program year (PY).

(2) Requests are developed by or in conjunction with the WIOA local area and chief elected official(s) of the WIOA local area(s) in which the proposed project is to operate.

(F) WIOA local areas apply and receive approval from the office of workforce development (OWD) to receive funding.

(1) Upon approval of the formal request, each WIOA local area receives a commitment of funding for planning purposes as well as an allocation, which may be less than the commitment.

(2) WIOA local areas expend seventy per cent or more of the current allocation before requesting additional funds from their total commitment; and upon expenditure of seventy per cent of the current allocation, a WIOA local area may request additional funding by submitting documentation to ODJFS of the following:

(a) Total expenditures;

(b) An estimate of additional funding needs through the end of the grant period; and

(3) ODJFS reviews the information in order to determine the increased allocation amount.

(4) As participating areas request additional funding, ODJFS may have a need to revise the commitments of funding for other WIOA local areas in order to maximize utilization of Ohio's NDWG resources. ODJFS submits all NDWG applications to DOL on behalf of the WIOA local areas.

(5) WIOA local areas may contact ODJFS if NDWG funds are not available to serve impacted workers. At that time, ODJFS assesses all available resources, and in coordination with the WIOA local area, determines how best to support the workers with WIOA statewide or rapid response funds.

(G) A WIOA local area that receives an NDWG allocation reports expenditures as described in rule 5101:9-7-29 of the Administrative Code.

(H) In addition to WIOA and the corresponding federal regulations, WIOA local areas, subcontractors, and subrecipients of NDWG funds adhere to all federal, state, and local rules, laws and regulations, the applicable provisions of the WIOA subgrant agreements, and other limitations or provisions identified by ODJFS, including the office of budget and management (OMB) uniform guidance and cost principles codified at 2 C.F.R. 200.

(I) The WIOA local area maintains documentation as described in rule 5101:9-9-21 of the Administrative Code. This documentation may be subject to inspection, monitoring, and audit by the ODJFS office of fiscal and monitoring services (OFMS) and the Ohio auditor of state (AOS).

Last updated June 29, 2026 at 7:27 PM

History

Effective: June 28, 2026
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-31-17 Cost allocation requirements for workforce innovation and opportunity act (WIOA) stand alone local areas.

(A) "Local area" means the subrecipient as designated by the governor responsible for administering workforce development activities as defined by department of labor (DOL) federal regulations. For the purposes of this rule, "WIOA stand alone local areas" are defined as local areas that receive only DOL funding from ODJFS to administer workforce development services. This rule provides guidelines to assist WIOA stand alone areas in the tracking of time spent on all direct workforce development services and activities for the purpose of appropriately allocating costs to the benefiting programs.

Combined local areas allocate staff costs as described in rule 5101:9-7-20 of the Administrative Code.

(B) Local areas performing solely WIOA administrative functions

If a stand alone local area's operations are limited to the performance or coordination of functions classified as general administrative functions as listed in this paragraph, the stand alone area reports all costs associated with the stand alone area as direct charges to WIOA administration.

(1) These functions include the following:

(a) Accounting, budgeting, financial and cash management functions.

(b) Procurement and purchasing functions.

(d) Personnel management functions.

(e) Payroll functions.

(f) Coordinating the resolution of findings arising from audits, reviews, investigations and incident reports.

(g) Audit functions.

(h) General legal services functions.

(i) Developing systems and procedures, including information systems, required for these administrative functions.

(j) Fiscal agent responsibilities.

(k) Performing oversight and monitoring responsibilities related to WIOA administrative functions.

(2) Staff completes a certification documenting that they work solely on WIOA administration functions.

(a) Certifications are completed every six months, in January and July.

(b) Certifications are signed by the employee or a supervisor having firsthand knowledge of the work performed by the employee.

A stand alone local area that performs any functions not covered in paragraph (B) of this rule may develop a cost allocation plan, such as the ones outlined in paragraphs (D) and (E) of this rule, and in accordance with 2 C.F.R. 200, or may track time spent on all activities (including administration) using random moment sampling (RMS). If a stand alone local area chooses to use RMS, the executive director and all staff in that local area participate in RMS. This requirement is an exception to rule 5101:9-7-20 of the Administrative Code, which states administrative positions are generally excluded from the time study.

(1) Stand alone local areas allocating costs by RMS track time spent on all activities using the workforce random moment sample (WFRMS). The WFRMS is designed to identify activities directly related to program functions benefiting one or more WIOA programs (e.g., adult, youth, dislocated worker) or the administration of those programs. This information will not be reported to ODJFS but will be used to allocate costs for the stand alone area and documentation will be maintained to support those costs.

(2) Stand alone local areas follow the established WFRMS process for completing the time study. The stand alone local area uses the results of the RMS to allocate their costs by completing the following steps:

(a) Enter the names of the RMS participants in the RMS roster. The system will generate the appropriate sample.

(b) Staff participating in the RMS will complete observation forms in accordance with rule 5101:9-7-20 of the Administrative Code.

(d) Stand alone local areas are not required to report this information to ODJFS.

(3) Stand alone local areas use the RMS statistics produced by the RMS system to allocate the costs incurred by the stand alone area.

(D) Exception for special grants

A stand alone local area that receives a grant for a specific program activity may exercise the option to direct charge the costs associated with that grant, including costs of a staff member who works solely on that activity. The exception will be reserved for when a stand alone local area's usual chosen method of allocation would not appropriately allocate costs (or distribute expenditures) in accordance with relative benefits received.

(1) Cost associated with that staff member will be removed from the other costs of the local area.

(2) Staff completes a certification documenting that they work solely on a specific program or special grant or WIOA administration functions associated only with a specific program or special grant.

(a) Certifications will be completed every six months, in January and July, unless the certification can be completed through normal payroll coding and time and attendance certifications associated with normal payroll activities.

(b) Certifications will be signed by the employee or a supervisor having firsthand knowledge of the work performed by the employee.

(3) Stand alone local areas may allocate the costs associated with the employee working on a special grant directly to the special grant.

(E) Activity report exception

A stand alone local area that performs more than one activity and performs those activities for long periods of time may choose to identify effort spent on multiple activities or programs by the completion of personnel activity reports.

(1) Activity reports are an actual accounting of work performed and not an estimate of work that is expected to be performed.

(a) Staff completes activity reports after the fact and must reflect actual activities performed.

(b) Staff completes the report for the total time for which they are compensated.

(d) Staff completing the activity report signs the completed activity report.

(2) Stand alone local areas use the results of the completed activity reports to allocate the costs incurred by the stand alone local area.

(F) Documentation supporting the allocation of costs in a stand alone local area will not be submitted to ODJFS but shall be maintained by the stand alone local areas for auditing purposes.

(G) Allocated expenditures will be submitted to the county finance information system (CFIS) and will continue to be reported as described in rule 5101:9-7-29 of the Administrative Code.

(H) Financial, programmatic, statistical, recipient records, and supporting documents will be retained by the local area in accordance with rule 5101:9-9-21 of the Administrative Code.

Last updated April 22, 2025 at 7:54 AM

History

Effective: April 20, 2025
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-31-19 OhioMeansJobs (OMJ) center resource sharing allocation.

(A) The Ohio department of job and family services issues the OhioMeansJobs (OMJ) center resource sharing allocation to local workforce development areas designated and funded under the Workforce Innovation and Opportunity Act (WIOA), to support the coordination of services provided through the OMJ service delivery system. Services provided through the OMJ center delivery system are coordinated and made available through a memorandum of understanding (MOU) between the local area workforce development board, the chief elected official and the OMJ center partners including the Ohio department of job and family services (ODJFS).

(B) ODJFS communicates the funding and liquidation periods through the county finance information system (CFIS). The local areacan incur obligations through the funding period and disburse and report expenditures no later than the end of the liquidation period.

(C) The OMJ center resource sharing allocation is comprised of various department of labor (DOL) funding sources. ODJFS will communicate the assistance listing number to the local area in order to meet federal reporting requirements.

(D) ODJFS issues an allocation to the local area for the negotiated cost sharing amount as agreed upon in the MOU.

(1) The local area shall submit draw requests in accordance with rule 5101:9-7-04 of the Administrative Code for costs associated with the OMJ MOU.

(2) The local area distributes the funds to the individual delivery systems.

(E) Local areas report OMJ MOU costs as detailed in rule 5101:9-7-29 of the Administrative Code.

(F) The definitions, requirements and responsibilities contained in rule 5101:9-6-50 of the Administrative Code are applicable to this rule.

Last updated April 24, 2023 at 8:25 AM

History

Effective: April 22, 2023
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-31-88 Reemployment services and eligibility assessment (RESEA).

(A) The Ohio department of job and family services (ODJFS) issues the department of labor (DOL) employment and training administration (ETA) unemployment insurance (UI) reemployment services and eligibility assessment (RESEA) funds to the local workforce development board (LWDB) to improve employment outcomes for individuals who receive UI and are selected to participate in the program. RESEA funds assist with:

(1) Reducing the average duration of UI through employment;

(2) Strengthening program integrity and reduce improper UI payments;

(3) Promoting alignment with the broader vision of the Workforce Innovation and Opportunity Act (WIOA), which is increased program integration and service delivery for job seekers; and

(4) Establishing RESEA as an entry point to other workforce system partner programs for individuals receiving UI.

(B) This allocation is composed of one hundred per cent federal funds. The assistance listings number is 17.225. The Bipartisan Budget Act of 2018, Public Law 115-123 (BBA), which included amendments to the Social Security Act (SSA) created a permanent authorization for the RESEA program. The RESEA provisions are contained in section 30206 of the BBA, enacting new section 306 of the SSA.

(C) ODJFS communicates the funding and liquidation periods through the county finance information system (CFIS). The LWDB can incur obligations through the funding period and disburse and report expenditures no later than the end of the liquidation period. The LWDBs shall report expenditures as described in rule 5101:9-7-29 of the Administrative Code.

(D) Methodology

(1) ODJFS issues RESEA funds on a calendar year basis.

(2) Administrative costs for the RESEA program are limited to ten per cent of the total grant award. ETA uses the definition of WIOA administrative costs at 20 C.F.R. 683.215 for RESEA grants.

(E) RESEA program requirements are as described in workforce program policy letter number 20-02.

(F) RESEA staff may refer individuals to WIOA or other available funding. Individuals determined eligible under additional programs, may receive funding for training and other costs related to training.

(G) The LWDB shall maintain documentation in accordance with the records retention requirements in rule 5101:9-9-21 of the Administrative Code. This documentation may be subject to inspection, monitoring, and audit by the ODJFS office of fiscal and monitoring services (OFMS) and the Ohio auditor of state (AOS).

Last updated April 13, 2026 at 8:39 AM

History

Effective: April 13, 2026
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-31-89 Ohio retaining employment and talent after injury/illness network (RETAIN) demonstration project allocation.

(A) The Ohio department of job and family services (ODJFS) issues the department of labor (DOL) office of disability employment policy (ODEP) allocations to fund a multi-agency demonstration project, designed to improve health care results by implementing a patient-centered return-to-work/stay-at-work (RTW/SAW) model. This pilot project utilizes early intervention by a health services coordinator (HSC) to facilitate treatment and to shorten the duration of work separation by workers primarily with non-occupational illnesses or injuries.

(B) This allocation consists of one hundred per cent federal funds. The assistance listing number (ALN) for this allocation is 17.720.

(C) ODJFS will communicate the funding and liquidation periods through the county finance information system (CFIS). The local workforce development area (local area) can incur obligations through the funding period and disburse and report expenditures no later than the end of the liquidation period.

(D) The Ohio retaining employment and talent after injury/illness network (RETAIN) demonstration project focuses on serving individuals aged eighteen to sixty-five, who are employed and experience a non-occupational injury or illness that impacts their ability to return to work, stay at work, or perform their job at the same capacity as prior to the illness or injury. Individuals seeking care through an HSC, shall be assisted with communication with their employer, health care provider/insurer, and referral to "OhioMeans Jobs" (OMJ) center if needed.

(E) Program components

Additional program components include:

(1) Initiation of a RETAIN roundtable comprised of stakeholders in government agencies and business and medical sectors to identify and share RTW/SAW best practices;

(2) Communications and outreach strategies for different stakeholders;

(3) Development of HSC and health services provider training plans;

(4) Outreach and technical assistance for employers to assist them in adopting RTW/SAW policies and practices;

(5) Data sharing agreements among partners to facilitate evidence-based research; and

(6) Third party evaluation using rigorous methodology to determine program outcomes.

(F) Methodology

RETAIN funding shall be allocated using the following methodology:

(1) ODJFS will issue participating local areas an allocation of RETAIN funding based on the local area's plan and budget for employer outreach and technical assistance activities.

(2) Local areas shall not exceed the twelve per cent limitation on administrative costs of funds that are awarded under the RETAIN grant as described in 20 C.F.R. part 683.215 of the Workforce Innovation and Opportunity Act (WIOA).

(3) Sub-recipients and contractors performing program functions that are funded with RETAIN funds do not report the costs associated with performing program functions as administrative costs against the area's twelve per cent administration expense limit.

(4) ODJFS may monitor grant recipients for compliance with administrative cost limitations during the grant's period of performance.

(G) Allowable activities

Allowable activities using RETAIN funds include:

(1) Outreach to employers informing them about the RETAIN program and the benefits of adopting RTW/SAW policies and practices;

(2) Technical assistance to employers (i.e., best practices, sample policies, recommended workplace accommodations) to assist them in implementing RTW/SAW strategies;

(3) Reasonable and necessary expenses to plan for and establish infrastructure necessary for effective program implementation of the RETAIN demonstration project; and

(4) Support of the related independent evaluation.

(H) Unallowable activities

Local areas using RETAIN funds shall not:

(1) Provide cash incentives;

(2) Pay for existing, billable direct health care services;

(3) Use these funds for other evaluative purposes; and

(4) Use these funds for construction costs.

(I) The WIOA local area shall maintain documentation as described in rule 5101:9-9-21 of the Administrative Code. This documentation may be subject to inspection, monitoring, and audit by the ODJFS office of fiscal and monitoring services (OFMS) and the Ohio auditor of state (AOS).

(J) The WIOA local area shall report expenditures as described in rule 5101:9-7-29 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.

Last updated June 10, 2024 at 8:26 AM

History

Effective: June 8, 2024
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-31-92 Workforce Innovation and Opportunity Act (WIOA) adult methodology.

(A) The Ohio department of job and family services (ODJFS) issues the department of labor (DOL) Workforce Innovation and Opportunity Act (WIOA) allocations to the local area WIOA fiscal agent on behalf of the WIOA local workforce development boards (LWDBs) to provide adults with barriers to employment the services they need to succeed in the labor market. These services include increased access to opportunities for employment, education, training and support services.

(B) This allocation is composed of one hundred per cent federal funds. The assistance listings number is 17.258.

(C) ODJFS communicates the funding and liquidation periods for this allocation through the county finance and information system (CFIS). The WIOA local area can incur accruals through the end of the funding period disburse and report expenditures no later than the end of the liquidation period.

(D) ODJFS authorizes the WIOA adult funds on a program year (PY) and/or a federal fiscal year (FFY) basis.

(E) Methodology.

ODJFS uses the following formulas to allocate formulary funding for WIOA local areas. Statistics used to calculate funding are provided by the office of workforce development (OWD) as described in the state plan approved by the DOL.

(1) ODJFS allocates one-third of the funds based on the relative number of unemployed individuals in areas of substantial unemployment in each WIOA local area, compared to the total number of unemployed individuals in areas of substantial unemployment in the state.

(2) ODJFS allocates one-third of the funds based on the relative excess number of unemployed individuals in each WIOA local area compared to the total excess number of unemployed individuals in the state.

(3) ODJFS allocates one-third of the funds based on the relative number of disadvantaged adults in each WIOA local area compared to the total number of disadvantaged adults in the state.

(4) Hold harmless provision

(a) ODJFS applies the "hold harmless" provision which states that the WIOA local area will not receive an allocation amount for a PY that is less than ninety per cent of the average allocation percentage of the local area for the two preceding PYs.

(b) ODJFS calculates the amounts necessary for increasing allocations to WIOA local areas in accordance with the hold harmless provision by proportionately reducing the allocations made to other WIOA local areas.

(c) If the amount of the WIOA funds appropriated in a fiscal year are not sufficient to provide the amount specified in paragraph (E)(4)(b) of this rule to all WIOA local areas, ODJFS proportionally reduces the amounts allocated to each WIOA local area.

(5) Should the DOL issue a rescission of funds, ODJFS determines the level of adjustments needed to comply with the rescission.

(F) Allowable expenditures.

WIOA local areas shall comply with all office of workforce development (OWD) program policy regarding expenditure rates and recapture of unused funds. ODJFS will determine the level of adjustment needed if DOL should issue a rescission of funds.

(1) Career pathways

Career pathways provide participants education and training services that align with the skill needs of industries in the involved economy. The focus on career pathways enables individuals to participate in activities that support industry or sector partnerships and provide increased focus on the attainment of industry-recognized certificates and credentials linked to in-demand occupations. Career pathways include:

(a) Counseling that supports education and career goals;

(b) Education and training for workforce preparation and specific occupation or occupation cluster;

(d) Training that assists the participant's attainment of a secondary diploma or its recognized equivalent.

(2) Incumbent worker training services up to twenty per cent, as described in WIOA section 134(d)(4) unless a waiver from the US department of labor allows for a deviation from this standard.

(3) Supportive services, including needs related payments as described in WIOA sections 134(d)(2) and 134(d)(3).

(4) Under WIOA section 133(b)(4), a local area may utilize the WIOA adult funding for allowable services under dislocated worker employment and training activities.

(5) WIOA local areas electing to use a percentage of the WIOA adult grant for dislocated worker activities shall use the coding established in CFIS.

(G) Administration.

(1) The costs of administration are the costs associated with performing the following:

(a) Accounting, budgeting, financial and cash management;

(b) Procurement and purchasing;

(d) Payroll;

(e) Audits and coordinating the resolution of findings arising from audits, reviews, investigations and incident reports;

(f) General legal services;

(g) Developing systems and procedures, including information systems, required for these administrative functions; and

(h) Fiscal agent responsibilities.

(2) In accordance with 20 C.F.R. part 683.215, the definition of WIOA administration specifies that all costs incurred for functions and activities of sub-recipients and contractors are program costs, unless the sub-recipient or contractor is performing only administrative functions.

(3) A WIOA local area may use up to ten per cent of the allocation amounts for the administrative cost of carrying out WIOA activities.

(4) Sub-recipients and contractors performing program functions that are funded with WIOA adult funds do not report the costs associated with performing these program functions as administrative costs against the WIOA local area's ten per cent administration expense limit.

(H) Statewide activities.

(1) The governor may set aside a portion of the funds for this allocation as defined in federal legislation for statewide activities, including five per cent for administrative activities.

(2) The governor or WIOA local workforce development board (LWDB) may increase the on-the-job training reimbursement rate to seventy-five per cent under certain conditions as defined in WIOA section 134(c).

(3) ODJFS may periodically allocate statewide funding for special projects.

(I) Allocated funds may not be used on construction or purchase of facilities, buildings, or foreign travel.

(J) The WIOA local area shall maintain documentation in accordance with the records retention requirements in rule 5101:9-9-21 of the Administrative Code. This documentation may be subject to inspection, monitoring, and audit by the ODJFS office of fiscal and monitoring services (OFMS) and the Ohio auditor of state (AOS).

Last updated October 3, 2022 at 8:59 AM

History

Effective: October 2, 2022
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-31-93 Workforce Innovation and Opportunity Act (WIOA) dislocated worker methodology.

(A) The Ohio department of job and family services (ODJFS) issues the department of labor (DOL) Workforce Innovation and Opportunity Act (WIOA) dislocated worker allocations to the WIOA local area fiscal agent on behalf of the WIOA local workforce development boards (LWDBs) to help job seekers access employment, education, training and support services to succeed in the labor market and to match employers with the skilled workers they need to compete in the global economy.

(B) These allocations are composed of one hundred per cent federal funds. The assistance listings number is 17.278.

(C) ODJFS communicates the funding and liquidation periods through the county finance and information system (CFIS). The WIOA local area can incur accruals through the funding period disburse andreport expenditures no later than the end of the liquidation period. The LWDBs shall report expenditures as described in rule 5101:9-7-29 of the Administrative Code.

(D) ODJFS authorizes the WIOA dislocated worker funds to WIOA local areas on program year (PY) and/or a federal fiscal year (FFY) basis.

(E) Methodology.

Dislocated worker funding stream

(1) ODJFS distributes dislocated worker funds in accordance with Ohio's federally approved plan for workforce programs.

(a) ODJFS may reserve up to twenty-five per cent of the funds available in the state's dislocated worker funding stream for rapid response activities as described in the WIOA section 133(a)(2).

(b) ODJFS allocates the remaining funds based on a formula prescribed by the governor as designated in the state plan.

(2) Hold harmless provision

(c) If the amount of the WIOA funds appropriated in a fiscal year are not sufficient to provide the amount specified in paragraph (E)(2)(b) of this rule to all WIOA local areas, ODJFS proportionately reduces the amounts allocated to each WIOA local area.

(3) Should the DOL issue a rescission of funds, ODJFS determines the level of adjustments needed to comply with the rescission.

(F) Allowable expenditures.

(1) Career pathways

Career pathways provide participants education and training services that align with the skill needs of industries in the involved economy. The focus on career pathways enables individuals to participate in activities that support industry or sector partnerships and provide an increased focus on the attainment of industry-recognized certificates and credentials linked to in-demand occupations. Career pathways include:

(a) Counseling that supports education and career goals;

(b) Education and training for workforce preparation and specific occupation or occupation cluster;

(d) Training that assists the participant's attainment of a secondary diploma or its recognized equivalent.

(2) Incumbent worker training services up to twenty per cent, as described in WIOA section 134(d)(4).

(3) Supportive services, including needs related payments as described in WIOA sections 133(b)(2)(B), 134(d)(2) and 134(d)(3).

(4) Under WIOA section 133(b)(4), a WIOA local area may utilize the WIOA dislocated worker funding for allowable services under adult employment and training activities. WIOA local areas electing to use a percentage of the WIOA dislocated worker grant for adult activities shall use the coding established in the CFIS.

(5) All funding is subject to the OWD program policy regarding expenditure rates and recapture of unused funds.

(G) Administration.

(1) The costs of administration are the costs associated with performing the following:

(a) Accounting, budgeting, financial and cash management;

(b) Procurement and purchasing;

(d) Payroll;

(e) Audits and coordinating the resolution of findings arising from audits, reviews, investigations and incident reports;

(f) General legal services;

(g) Developing systems and procedures, including information systems, required for these administrative functions; and

(h) Fiscal agent responsibilities.

(3) A WIOA local area may use up to ten per cent of the allocation amounts for the administrative cost of carrying out WIOA activities.

(4) Sub-recipients and contractors performing program functions that are funded with WIOA dislocated worker funds do not report the costs associated with performing these program functions as administrative costs against the area's ten per cent administration expense limit.

(H) Statewide activities

(1) The governor may set aside a portion of the funds for this allocation as defined in federal legislation for statewide activities, including five per cent for administrative activities.

(2) The governor may reserve fifteen per cent of funds for statewide workforce investment activities.

(3) The governor may use unobligated rapid response funds after one year, for statewide employment and training activities as described in WIOA section 134(a)(2)(A)(ii).

(4) The governor or the LWDBs may increase the on-the-job training reimbursement rate to seventy-five per cent under certain conditions as defined in WIOA section 134(c).

(5) ODJFS may provide career services through the one-stop system, either directly or via contracts with other providers.

(6) ODJFS may periodically allocate statewide funding for special projects.

(I) Allocated funds may not be used on construction or purchase of facilities, buildings, or foreign travel.

Last updated October 3, 2022 at 8:59 AM

History

Effective: October 2, 2022
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-31-94 Workforce Innovation and Opportunity Act (WIOA) youth allocation methodology.

(A) The Ohio department of job and family services (ODJFS) issues the department of labor (DOL) WIOA youth formulary allocations to the local WIOA fiscal agent on behalf of the WIOA local workforce development boards (LWDBs) to help disadvantaged and unemployed youth earn while learning through support services and effective employment-based activities.

(B) This allocation is composed of one hundred per cent federal funds. The assistance listings number is 17.259. ODJFS authorizes the WIOA youth funds on a program year (PY) basis.

(C) ODJFS communicates the funding and liquidation periods through the county finance information system (CFIS). The WIOA local area can incur accruals through the funding period disburse andreport expenditures no later than the end of the liquidation period.

(D) Methodology

ODJFS uses the following formulas, as described in WIOA section 127(b)(1)(C)(ii) to allocate youth formulary funding to WIOA local areas. Statistics used to calculate funding are provided by the office of workforce development (OWD) as described in the state plan approved by DOL.

(1) Youth funding stream

(a) ODJFS allocates one-third of the funds based on the relative number of unemployed individuals in areas of substantial unemployment in each WIOA local area compared to the total number of unemployed individuals in areas of substantial unemployment in the state.

(b) ODJFS allocates one-third of the funds based on the relative excess number of unemployed individuals in each WIOA local area compared to the total excess number of unemployed individuals in the state.

(c) ODJFS allocates one-third of the funds based on the relative number of disadvantaged youth living in each WIOA local area compared to the total number of disadvantaged population (where disadvantaged youth are individuals aged fourteen to twenty-one, with income or in a family with income that does not exceed the poverty line or seventy per cent of the lower living standard income level for the family size, whichever is less).

(2) Hold harmless provision

(a) ODJFS applies the "hold harmless" provision which states that no WIOA local area receive an allocation that is less than ninety per cent of the average allocation for the preceding two fiscal years.

(b) ODJFS will calculate the amounts necessary for increasing allocations to WIOA local areas in accordance with the hold harmless provision by proportionately reducing the allocations made to other WIOA local areas, unless a waiver from the DOL allows for a deviation from this standard.

(c) If the amount of WIOA funds appropriated in a fiscal year are not sufficient to provide the amount specified in paragraph (D)(2)(b) of this rule to all WIOA local areas, ODJFS will proportionally reduce the amounts allocated to each WIOA local area.

(E) Allowable expenditures

The list of youth program design and elements under WIOA section 129(c)(2) consists of:

(1) Tutoring, study skills training, instruction and evidence based dropout prevention and recovery strategies that lead to completion of the requirements for a secondary school diploma or its equivalent;

(2) Work experiences which may include summer employment opportunities and other employment opportunities available throughout the school year, pre-apprenticeship programs, on-the-job training, and internships and job shadowing;

(3) Alternative secondary school services, or dropout recovery services;

(4) Occupational skills training;

(5) Education offered concurrently with and in the same context as workforce preparation activities and training for a specific occupation;

(6) Leadership development opportunities, including community service and peer-centered activities;

(7) Supportive services;

(8) Adult mentoring for at least twelve months during and after program participation;

(9) Follow-up services for at least twelve months after completion of participation;

(10) Comprehensive guidance and counseling, as appropriate to the individual youth;

(11) Financial literacy education;

(12) Entrepreneurial skills training;

(13) Services that provide labor market information about in-demand industry sectors or occupations available in the WIOA local areas; and

(14) Activities that help youth prepare for and transition to postsecondary education and training.

(F) Expenditure requirements

(1) Out-of-school youth

(a) The WIOA's primary focus for youth formula programs is to support the educational and career success of out-of-school youth (OSY) as described in the WIOA section 129(a)(1)(B).

(b) WIOA section 129(a)(4) requires WIOA local areas to spend a minimum of seventy-five per cent youth formula funds excluding administration funds, on OSY.

(2) Youth work experience

(a) WIOA section 129(c)(4) prioritizes paid and unpaid work experiences as a critical youth program element that includes an academic and occupational education component.

(b) WIOA local areas must spend at least twenty per cent of youth formula funds on unpaid and paid work experiences as described in paragraph (E)(2) of this rule, exclusive of funds provided for administrative costs.

(c) Program expenditures for the work experiences program element include wages and staffing costs for the development and management of work experiences.

(3) Allocated funds may not be used on construction or purchase of facilities, buildings, or foreign travel.

(G) Administration

(1) The costs of administration are the costs associated with performing the following:

(a) Accounting, budgeting, financial and cash management;

(b) Procurement and purchasing;

(d) Payroll;

(e) Audits and coordinating the resolution of findings arising from audits, reviews, investigations and incident reports;

(f) General legal services;

(g) Developing systems and procedures, including information systems, required for these administrative functions; and

(h) Fiscal agent responsibilities.

(3) A WIOA local area may use up to ten per cent of the allocation amounts for the administrative cost of carrying out WIOA activities.

(4) Sub-recipients and contractors performing program functions that are funded with WIOA youth funds do not report the costs associated with performing these program functions as administrative costs against the area's ten per cent administration expense limit.

(H) Statewide activities

(1) The governor may set aside a certain percentage of youth formula funds as described in WIOA section 128 for statewide activities, including five per cent for administrative activities. These funds may be combined and spent on statewide youth activities as described in WIOA section 129(b).

(2) ODJFS may periodically allocate statewide funding for special projects.

(3) Statewide funds are available for expenditure during the current PY and the two succeeding PYs.

Last updated October 3, 2022 at 8:59 AM

History

Effective: October 2, 2022
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-31-99 Workforce Innovation and Opportunity Act (WIOA) general rapid response allocation funding.

(A) The Ohio department of job and family services (ODJFS) issues Workforce Innovation and Opportunity Act (WIOA) rapid response (RR) funding to assist local workforce development boards (LWDBs) that experience disasters, mass layoffs, plant closings, or other dislocation events that substantially increase the number of unemployed individuals.

(B) This allocation is one hundred per cent federal funds. The assistance listings number is 17.278.

(C) Up to twenty-five per cent of dislocated worker formula funds may be reserved for RR activities as described in WIOA section 134(a)(2)(A) and 20 C.F.R. 682.300 to 682.370.

(D) The LWDB provides RR activities as described in 20 C.F.R. 682.300.

(1) LWDBs may apply for RR funds when they have experienced increased numbers of unemployed individuals due to:

(a) Plant closings;

(b) Mass layoffs;

(d) Trade adjustment assistance (TAA) petition; or

(e) The provision of direct services as layoff aversion activities as described in 20 C.F.R. 682.320.

(2) Funds reserved for RR activities that remain unobligated after the first program year of fund availability may be used to carry out statewide activities as described in WIOA section 134(a)(2)(A)(ii) and 20 C.F.R. 682.370.

(E) The LWDB reports expenditures as described in rule 5101:9-7-29 of the Administrative Code.

(F) The LWDB maintains documentation in accordance with the records retention requirements in rule 5101:9-9-21 of the Administrative Code. This documentation may be subject to inspection, monitoring, and audit by the ODJFS office of fiscal and monitoring services (OFMS) and the Ohio auditor of state (AOS).

Last updated July 27, 2026 at 7:26 AM

History

Effective: July 25, 2026
Promulgated Under: 111.15

Chapter 5101:9-32 Food Stamps

Ohio Adm.Code 5101:9-32-01 County SNAP payment error review process.

In accordance with section 5101.546 of the Revised Code, the Ohio department of job and family services (ODJFS) is to develop a methodology and technical system to determine supplemental nutritional assistance program (SNAP) payment error rates per county. This rule and its supplemental rule describe the methodology for determining a county agency's payment error rate and administrative standards county agencies will follow to ensure compliance with the SNAP rules for determining eligibility and benefit amounts.

(A) How is a county agency's payment error rate calculated?

(1) ODJFS will establish the monthly number of cases to be reviewed by each county agency. The number will be published in a food assistance change transmittal letter available on the ODJFS website. Each month, ODJFS will select a random sample of cases from a county's caseload for review by the county agency. The random sample of cases reviewed by the county agency will form the basis of its payment error rate.

(2) The county agency will conduct its review consistent with the mandates of this rule and its supplemental rule, as well as any guidance provided by ODJFS. Once complete, case review results are transmitted to ODJFS; and ODJFS may then complete a secondary review of the results.

(3) The county's payment error rate is calculated by dividing the total amount of benefits determined to have been issued in error in the county-reviewed cases, by the total amount of SNAP benefits issued for those county-reviewed cases.

(a) The amount of benefits issued in error is the difference between the benefits that were authorized for the review month and the benefits that should have been authorized for the review month. This includes both overissuances (when the assistance group received more than it was entitled to receive) and underissuances (when the assistance group received less than it was entitled to receive).

(b) Errors below the annual threshold published by the food and nutrition service (FNS), within the United States department of agriculture, must be reported to ODJFS, but are not included in the rate calculation, unless the assistance group was completely ineligible for SNAP. In that case, the full amount is counted as an error regardless of the dollar value.

For federal fiscal year (FFY) 2026, the threshold is fifty-eight dollars. Beginning in FFY 2027, the rate will be published in a food assistance change transmittal letter.

(B) What are the administrative standards that are to be followed when determining a county agency's payment error rate?

Each county agency will:

(1) Designate one or more individuals as a county payment error rate reviewer who is permitted to conduct and certify the results of case reviews on behalf of the county agency.

The reviewer will:

(a) Not be the individual who took an eligibility action on the case assigned for review. When staffing limitations prohibit such an assignment, the county agency shall ensure at least one other individual agrees with the results of the review prior to the results being certified to ODJFS.

(b) Have undergone training provided by ODJFS before conducting a review;

(c) Be authorized by the director or administrator of the county agency to submit and certify the results of a review to ODJFS; and

(d) On no less than a quarterly basis, provide the county agency director or administrator with updates on the county's payment error rate.

(2) Utilize the county payment error review system as directed by ODJFS, including making timely requests to provision and remove system access.

(3) When a case is found to be in error (regardless of amount), initiate either the restoration or claims processes described in Chapter 5101:4-8 of the Administrative Code.

(1) The county agency whose eligibility worker (EW) last saved and accepted (or should have saved and accepted) an eligibility determination and benefit calculation (EDBC) result in the Ohio benefits integrated eligibility system is responsible for the error. This is true regardless of why or when EDBC was last saved or accepted. In order to prevent itself from inheriting errors committed by other counties, it is critical that county agencies establish internal controls for thoroughly reviewing the case record when a case is transferred into the county pursuant to rule 5101:4-7-01.1 of the Administrative Code.

(2) ODJFS will provide the results of the review to that county within seven calendar days of certification of the results. The county found to be responsible will have fourteen calendar days to notify ODJFS if it either accepts responsibility for the error or request reconsideration by ODJFS.

(D) When will a county agency complete a corrective action plan?

Each county should maintain a county payment error rate below six per cent and is to administer the SNAP program consistent with federal and state laws and regulations.

(1) On a quarterly basis, any county agency with a cumulative county error rate at or above six per cent for the FFY will enter into a corrective action plan and will have to update the plan quarterly.

(2) ODJFS may mandate that a county agency enter into a corrective action plan when it finds that a county agency's reported results are not consistent with statewide trends in types or amounts of reported errors or the county agency is found to be applying policy in a manner that is not consistent with federal and state laws and regulations. At the discretion of the director, corrective action may include, but is not limited to:

(a) Mandatory training (asynchronous, virtual or in-person) for county agency staff;

(b) Mandatory root cause analysis for each deficiency and a plan of action for reducing errors;

(c) Ongoing engagement with ODJFS technical assistance staff, which may include on-site observation and independent case reviews.

Last updated April 7, 2026 at 7:47 AM

History

Effective: April 5, 2026
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-32-01.1 County case review and certification process.

This rule describes the methodology that each county agency will follow when conducting a payment error review of a supplemental nutrition assistance program (SNAP) case. Every review shall be conducted in accordance with this rule and with the guidance provided by the Ohio department of job and family services (ODJFS).

(A) What is the county payment error reviewer's responsibility when conducting a case review?

(1) Determine if the case is subject to review. When a reviewer identifies a case as not being subject to review, that case will be replaced to ensure the correct number of cases are reviewed each month.

A case is not subject to review when:

(a) The assistance group (AG) is listed in error as being an active case;

(b) The AG received SNAP in the review month because it was certified under disaster SNAP (D-SNAP) procedures;

(d) The AG has been referred for an intentional program violation (IPV) investigation and the investigation is scheduled to begin within five months of the case being selected, is under active fraud investigation or has a pending administrative or judicial IPV hearing;

(e) All AG members have died or moved out of state;

(f) All adult AG members have been hospitalized, incarcerated, or placed in an institution and are expected to remain there for one-hundred fifteen days after the end of the review month;

(g) The AG did not participate in the review month. The AG is considered to have not participated in the review month if SNAP benefits were either not posted to the EBT system or the AG has not initiated activity that affects the balance of its account (such as a purchase or return), in a ninety-one-day period, which includes the review month. The ninety-one-day period may be any combination of months that must include the full review month, so long as they run consecutively for ninety-one or more days;

(h) The AG was not in the county the month the case was distributed for review.

(2) Determine the full amount of the review month's benefits. This includes the monthly SNAP allotment, as well as any supplemental payment for the review month that was issued during or prior to it. The amount of supportive services provided through the SNAP employment and training program are excluded from the error calculation, but may be subject to overpayment if the assistance group (AG) is found to be ineligible as a result of the review.

(3) Review the case record for documentation to support the determination of eligibility and benefit amount in the review month. This includes identifying the actions taken and that should have been taken between when the AG applied and the review month, and ensuring that:

(a) The case record includes a complete application for the most recent certification action (i.e., initial certification or recertification);

(b) Any changes reported by the AG (or that should have been reported by the AG) and any information known to the agency (including data matches and alerts) that were acted upon in accordance with rule 5101:4-7-01 of the Administrative Code; and

(c) All verifications required from the AG pursuant to rule 5101:4-2-09 of the Administrative Code, as well as the documentation of any supporting actions taken to make the determination of eligibility determination has to be able to readily determine at a minimum, the following from the case record:

(i) The type of each verification used (documentary, collateral contact, client statement or home visit), which eligibility factor it applied to, the time period(s) it applies to and which AG members it applies to;

(ii) That the best possible source of information was relied upon to make the eligibility determination and when the best source was not available, a justification for using an allowed alternative;

(iii) There is a clear and correct explanation about any calculations made by the eligibility worker (i.e., income conversion, averages, deductions, proration, budgeting, etc.); and

(iv) The resolution of any conflicts across data sources are clearly explained.

(4) Determine if there is an error.

(a) When the case record can withstand third-party review and supports that the determination of eligibility and the benefit amount for the review month were determined in accordance with the rules in division 5101:4 of the Administrative Code, the case is correct.

(b) When the case record cannot withstand third-party review or is otherwise incomplete or conflicting with the determination of eligibility and benefit amount for the review month, the reviewer may:

(i) Attempt to complete verifications using information available to the county agency, including consulting with the eligibility worker who determined the AG's eligibility or benefit amount.

(ii) Request verification of the applicable eligibility factor(s), income source, and/or income deductions that had to have been provided by the AG pursuant to rule 5101:4-2-09 of the Administrative Code, by issuing a JFS 07105, "Verification Request Checklist" to the AG. The JFS 07105 will identify the specific documentation to be provided, the date on which it is to be returned, and allow the AG ten days to respond.

(c) Using the information included in the case record and any additional verifications or clarifications obtained through the review process, the reviewer will only use verified information to determine if there is an error.

(i) When a required eligibility factor cannot be verified, the reviewer is to assume the eligibility factor is not met. Generally speaking, the following has to be verified in accordance with rule 5101:4-2-09 of the Administrative Code to establish eligibility:

(a) AG gross income;

(b) Social security number for each AG member;

(d) AG residency;

(e) Identity of the applicant;

(f) Physical or mental disability for an AG member claiming a student exemption for that reason;

(g) Income from an AG member who is a student;

(h) Able-bodied adult (ABA) work hours;

(i) ABA countable months in another state; and

(j) AG composition.

(ii) When a verification for an income deduction cannot be verified, the reviewer will not consider the expense when calculating the amount of benefits an eligible AG was entitled to receive in the review month.

(iii) If the reviewer finds that the AG was not eligible in the review month, the case is not correct, and the error amount is equal to the benefit amount in the month of review.

(iv) If the reviewer finds that the AG was eligible, but based on the verified information, there was an overissuance (the AG received more than it was entitled to receive in the review month) or an underissuance (the AG received less than it was entitled to receive in the review month), the case is not correct and the error amount is equal to the overissuance or underissuance.

(5) Determine which county agency is responsible for any case determined to be in error.

(B) What is the process for a county payment error reviewer to certify the results of a review?

A reviewer shall certify all of the following to be true when transmitting the results of a case review to ODJFS:

(1) The review was performed consistently with the mandates of this rule;

(2) Based on the results of the review, there is information in the case record to support the determination of eligibility and benefit amount in the review month and the information can withstand the review of a third-party; and

(3) If the case was found to be in error, that it was referred to county agency staff for review to determine appropriate action pursuant to the rules in Chapter 5101:4-8 of the Administrative Code.

When ODJFS returns a case to the county determined to be responsible for the error for further action, the county agency has two options:

(1) Take the action(s) required by ODJFS to amend the results of the review and recertify the case to ODJFS; or

(2) Request reconsideration of the case by the ODJFS state quality control reviewers. The finding from the state quality control is final and the case review will be updated accordingly.

(D) What are the timeframes associated with the county payment error review process?

(1) Each month, ODJFS will provide the monthly sample of case numbers to a county agency by the fifth of the month. When the fifth of the month falls on a holiday or weekend, the cases will be provided by no later than the next business day following the holiday or weekend.

(2) Each case review is to be completed and certified by the county agency no later than the end of business on the fifth of the second month following the month the case was provided. For example, cases made available by ODJFS on the fifth of March are to be certified by no later than the fifth of May. When the fifth of the month falls on a holiday or weekend, the cases will be due no later than the next business day following the holiday or weekend.

(a) In the event of a delay in the transmission of cases by ODJFS, the due date will be extended by the same amount of time.

(b) Cases not certified by the due date will be considered to be in error for the entire amount of SNAP benefits in the review month.

(3) ODJFS will complete any secondary review by the last day of the month the review was due for certification to ODJFS. If a case is returned to a county agency pursuant to paragraph (C) of this rule, the county agency will have fourteen calendar days to make the requested change or request a review by state quality control staff.

(4) State quality control staff have fourteen calendar days to make a final determination based on a request from a county agency.

Last updated May 1, 2026 at 8:19 AM

History

Effective: May 1, 2026
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-32-03 Food assistance: quality assessment findings.

Upon completion of a food assistance quality assessment review, as described in rule 5101:9-32-01 of the Administrative Code, any review findings are transmitted by the Ohio department of job and family services (ODJFS) to the county department of job and family services (CDJFS) on the JFS 04194, "Quality Control Case Finding." Either box A or box B will be checked on the JFS 04194 indicating the type of information being conveyed to the CDJFS.

(A) Box A is checked to report to the CDJFS any error affecting review month eligibility or erroneous negative action discovered in the quality assessment review. Listed on the form will be errors found, an explanation of how the conclusions were reached, and the manual citation being used in the determination of each error.

(B) Box B is checked to report to the CDJFS any pertinent case information other than an error finding that was discovered during the review process. Box B will also be checked when reporting to the CDJFS reviews not completed due to erroneous selection, or to report the CDJFS use of improper procedures in processing the case. Box B is also used to report to the CDJFS those reviews that have not been completed due to the inability to locate the client or the client's unwillingness to cooperate with the review.

Last updated February 25, 2022 at 8:34 AM

History

Effective: February 25, 2022
Promulgated Under: 111.15

Ohio Adm.Code 5101:9-32-10 Food assistance: federal incentives or sanctions as a result of the quality assessment review.

(A) Incentive distribution process

If Ohio's food assistance quality assessment payment error rate results in Ohio being the recipient of a United States department of agriculture (USDA) bonus payment or incentive, then the bonus payment or incentive may be distributed to the county department(s) of job and family services (CDJFS) in accordance with the quality assessment review process established in rule 5101:9-32-01 of the Administrative Code.

(B) Sanction distribution process

If Ohio's food assistance quality assessment payment error rate exceeds standards prescribed in 7 C.F.R. 275.23 by the USDA food and nutrition service, the state is subject to a federal sanction. If a federal sanction liability is imposed on Ohio, the sanction liability may be distributed by the Ohio department of job and family services (ODJFS) to each CDJFS that, in accordance with the quality assessment review process established in rule 5101:9-32-01 of the Administrative Code, is identified by ODJFS as being solely or partially responsible for the federal sanction liability.

Last updated February 25, 2022 at 8:35 AM

History

Effective: February 25, 2022
Promulgated Under: 111.15