5101:2-33-19 Public Children Service Agencies (PCSA), Private Child Placing Agencies (PCPA), Private Noncustodial Agencies (PNA): Penalties for Failure to Comply With Fiscal Accountability Procedures.

(A)      THE OHIO DEPARTMENT OF JOB AND FAMILY SERVICES (ODJFS), SHALL, AT ITS DISCRETION, ENFORCE THE FOLLOWING PENALTIES AGAINST A PUBLIC CHILDREN SERVICES AGENCY (PCSA), PRIVATE CHILD PLACING AGENCY (PCPA), OR PRIVATE NONCUSTODIAL AGENCY (PNA) THAT FAILS TO COMPLY WITH THE ODJFS FISCAL ACCOUNTABILITY PROCEDURES SET FORTH IN RULES 5101:2-47-23.1, 5101:2-47-26.1 OR 5101:2-47-26.2 OF THE ADMINISTRATIVE CODE.

(1)      FOR AN INITIAL FAILURE TO COMPLY, THE PCSA, PCPA, OR PNA SHALL DEVELOP A CORRECTIVE ACTION PLAN TO CORRECT THE AREAS DETERMINED TO BE IN NONCOMPLIANCE. THE CORRECTIVE ACTION PLAN SHALL:

(a)      IDENTIFY THE AREAS OF NONCOMPLIANCE;


(b)      IDENTIFY THE ACTION STEPS REQUIRED TO CORRECT THE NONCOMPLIANCE;


(c)      IDENTIFY A DATE BY WHICH EACH OF THE ACTION STEPS IS TO BE COMPLETED;


(d)      NOT EXTEND BEYOND ONE YEAR;


(e)      BE DEVELOPED JOINTLY BY THE PCSA, PCPA, OR PNA AND ODJFS; AND,


(f)      BE SUBMITTED TO ODJFS WITHIN THIRTY DAYS OF THE PCSA'S, PCPA'S OR PNA'S RECEIPT OF A WRITTEN FINDING OF NONCOMPLIANCE.

(2)      FAILURE TO IMPLEMENT THE CORRECTIVE ACTION PLAN SUBMITTED IN ACCORDANCE WITH PARAGRAPH (A)(1) OF THIS RULE SHALL RESULT IN THE FOLLOWING PENALTIES:

(a)      FOR PCSAS, ODJFS MAY TAKE ANY ACTION PERMITTED UNDER DIVISION (B)(1), (2) OR (3) OF SECTION 5101.24 OF THE REVISED CODE.


(b)      FOR PCPAS OR PNAS, ODJFS MAY:

(i)      CANCEL THE TITLE IV - E RATE, OR


(ii)      PURSUANT TO CHAPTER 119. OF THE REVISED CODE ODJFS MAY TAKE ACTION TO REVOKE THE AGENCY'S CERTIFICATE ISSUED UNDER SECTION 5101.03 OF THE REVISED CODE.


(iii)      IF ODJFS CANCELS THE TITLE IV-E RATE, ODJFS WILL RESUME THE TITLE IV-E RATE EFFECTIVE ON THE FIRST DAY OF THE MONTH FOLLOWING THE DATE THE PCPA OR PNA COMES INTO COMPLIANCE. HOWEVER, THERE WILL BE NO RETROACTIVE RATE ADJUSTMENT FOR THE TIME PERIOD THAT THE PCPA OR PNA WAS OUT OF COMPLIANCE.

(3)      SUBSEQUENT FAILURES TO COMPLY THAT RELATE TO NONCOMPLIANCE ISSUES PREVIOUSLY IDENTIFIED PURSUANT TO PARAGRAPH (A)(1) OF THIS RULE ARE SUBJECT TO THE SAME PENALTY PROVISIONS SPECIFIED IN PARAGRAPH (A)(2) OF THIS RULE.

(B)      IF A PCSA FAILS TO COMPLY WITH THE FISCAL ACCOUNTABILITY PROCEDURES, ODJFS SHALL PROVIDE A WRITTEN SUMMARY OF FINDINGS OF NONCOMPLIANCE TO THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY SERVED BY THE PCSA.


(C)      IF A PCPA OR PNA FAILS TO COMPLY WITH THE FISCAL ACCOUNTABILITY PROCEDURES, ODJFS, SHALL PROVIDE A WRITTEN SUMMARY OF THE FINDINGS OF NONCOMPLIANCE TO THE PCPA OR PNA BOARD OF DIRECTORS. IN ADDITION, ODJFS SHALL NOTIFY THE EXECUTIVE DIRECTOR OF EACH PCSA AND TITLE IV-E JUVENILE COURT THAT HAS ENTERED INTO A CONTRACT FOR SERVICES WITH THE PCPA OR PNA.


(D)      IN ACCORDANCE WITH SECTION 5101.24 OF THE REVISED CODE, ODJFS MAY TAKE ONE OR MORE OF THE FOLLOWING ACTIONS AGAINST THE PCSA IF ODJFS DETERMINES THE PCSA IS SOLELY OR PARTIALLY RESPONSIBLE FOR AN ADVERSE AUDIT OR QUALITY CONTROL FINDING, FINAL DISALLOWANCE OF FEDERAL FINANCIAL PARTICIPATION OR OTHER SANCTION OR PENALTY:

(1)      REQUIRE THE PCSA TO SUBMIT TO AND COMPLY WITH A CORRECTIVE ACTION PLAN PURSUANT TO A TIME SCHEDULE SPECIFIED BY ODJFS;


(2)      REQUIRE THE PCSA TO SHARE WITH ODJFS A FINAL DISALLOWANCE OF FEDERAL FINANCIAL PARTICIPATION OR OTHER SANCTION OR PENALTY;


(3)      REQUIRE THE PCSA TO REIMBURSE ODJFS FOR THE AMOUNT THAT ODJFS PAYS TO THE FEDERAL GOVERNMENT FOR AN ADVERSE AUDIT OR QUALITY CONTROL FINDING, FINAL DISALLOWANCE OF FEDERAL FINANCIAL PARTICIPATION, OR OTHER SANCTION OR PENALTY ISSUED BY THE FEDERAL GOVERNMENT;


(4)      REQUIRE THE PCSA TO PAY THE FEDERAL GOVERNMENT THE AMOUNT THAT REPRESENTS THE AMOUNT THE PCSA IS RESPONSIBLE FOR IN AN ADVERSE AUDIT OR QUALITY CONTROL FINDING, FINAL DISALLOWANCE OF FEDERAL FINANCIAL PARTICIPATION, OR OTHER SANCTION OR PENALTY ISSUED BY THE FEDERAL GOVERNMENT;


(5)      ANY OTHER SANCTION OR ACTION PERMISSIBLE UNDER SECTION 5101.24 OF THE REVISED CODE;


(6)      WITH RESPECT TO PARAGRAPH (D) OF THIS RULE, THE DETERMINATION OF WHETHER THE PCSA IS SOLELY OR PARTIALLY RESPONSIBLE WILL BE DETERMINED IN ACCORDANCE WITH CHAPTERS 5101:6-1 TO 5101:6-9 OF THE ADMINISTRATIVE CODE.

(E)      THE PCSA, PCPA, OR PNA AT ITS DISCRETION MAY REQUEST TECHNICAL ASSISTANCE FROM ODJFS IN THE DEVELOPMENT AND IMPLEMENTATION OF THE CORRECTIVE ACTION PLAN.


(F)      ALL CORRECTIVE ACTIONS SHALL ADHERE TO THE REQUIREMENTS SET FORTH IN PARAGRAPH (A)(1) OF THIS RULE. ALL FAILURES TO IMPLEMENT THE CORRECTIVE ACTION PLAN ARE SUBJECT TO THE PENALTIES SET FORTH IN PARAGRAPH (A)(2) OF THIS RULE.


(G)      IF ODJFS SANCTIONS A PCSA, PCPA, OR PNA, ODJFS SHALL TAKE EVERY POSSIBLE PRECAUTION TO ENSURE THAT ANY FOSTER CHILDREN THAT HAVE BEEN PLACED OR SERVED BY AN AGENCY UNDER SANCTION ARE NOT REMOVED FROM THE CERTIFIED FOSTER HOMES IN WHICH THEY RESIDE IF THEIR SAFETY AND WELL-BEING IS NOT AT RISK.

EFFECTIVE DATE: December 1, 2001

REVIEW DATE:

CERTIFICATION: Thomas J. Hayes

DATE

PROMULGATED UNDER: REVISED CODE CHAPTER 119.

STATUTORY AUTHORITY: REVISED CODE SECTIONS 5101.24, 5101.146, 5101.147, 5101.148

RULE AMPLIFIES: REVISED CODE SECTIONS 5101.146, 5101.147, 5101.148