5101:2-5-08 PCPA and PNA governance and administration.
NOTE: This rule is being reviewed for 30 days for the purpose of a five year review.
(A) A private child placing agency (PCPA) or private noncustodial agency (PNA) shall have an identifiable governing body responsible for establishing policies and assuring the effectiveness and efficiency of the PCPA or PNA in achieving its purposes. A local public entity that is not a public children services agency (PCSA) shall identify in writing to the Ohio department of job and family services (ODJFS) how the requirements of this rule are met by the local public entity, even if the local public entity does not have a governing body. The duties of the governing body shall include the following:
(1) Hiring an administrator who meets the minimum qualifications pursuant to rule 5101:2-5-09 of the Administrative Code.
(2) Annually evaluating the performance of the agency's administrator in writing.
(3) Assuring the PCPA's or PNA's compliance with requirements of Chapters 5101:2-1, 5101:2-5, 5101:2-7, 5101:2-9, 5101:2-33, 5101:2-39, 5101:2-42, 5101:2-47 and 5101:2-48 of the Administrative Code as applicable to the PCPA's or PNA's certified functions.
(4) Reviewing, approving and monitoring a written annual budget for the PCPA or PNA. Such budget shall ensure funding to provide services relevant to all certified functions and detail anticipated income and expenditures.
(5) Authorizing, reviewing and submitting to ODJFS an audit, if one is required pursuant to rule 5101:2-5-04 of the Administrative Code. This provision shall not apply to a local public entity that is not a PCSA.
(6) Conducting an annual review of the PCPA's or PNA's written policies relevant to the agency's certified functions.
(B) The governing body of a PCPA or PNA shall identify the names and current addresses of all board members, current officers of the board, and any association, partnership or other arrangement under which the board has been established or operates, and the names and current addresses of all partners or principal owners of such association.
(C) A PCPA or PNA shall submit a copy of any proposed articles of incorporation or amendments thereto to ODJFS prior to filing them with the secretary of state pursuant to section 5103.04 of the Revised Code.
(D) A PCPA or PNA shall have an office located within the state.
(E) The minutes of all governing body meetings shall be maintained at the PCPA or PNA in an organized, permanent and current manner and shall include, at a minimum:
(1) Dates of meetings;
(2) Names of those governing body members present; and
(3) Issues discussed and actions taken.
(F) A PCPA or PNA shall compile and maintain a current written table of organization.
(G) A PCPA or PNA shall not permit funds to be paid or committed to be paid to any corporation, firm, association or business in which any of the members of the governing body of the agency, the executive personnel or their immediate families have any direct or indirect financial interest, or in which any of these persons serve as an officer or employee, unless the services or goods involved are provided at a competitive cost or under terms favorable to the PCPA or PNA. The PCPA or PNA shall make a written disclosure, in the minutes of the board, of any financial transaction of the PCPA or PNA in which a member of the board or his/her immediate family is involved.
(H) A person who is employed by a PCPA or PNA certified under this chapter or any person who is a member of the governing body shall not be eligible to vote on or participate in the decision making process with respect to any matter or issue in which he/she could benefit financially or materially.
(I) A PCPA or PNA shall have a written mission statement and a description of its programs.
R.C. 119.032 review dates: 06/13/2011 and 09/01/2016
Promulgated Under: 119.03
Statutory Authority: 5103.03
Rule Amplifies: 5103.02 , 5103.03 , 5103.04 , 5103.0323
Prior Effective Dates: 12/30/66, 10/1/86, 7/2/90 (Emer.), 10/1/90, 1/1/91, 7/1/00, 1/1/03, 12/11/06