Ohio's Families and Children Rule Review Site

5101:2-25-02 Title XX administration.

Posted: June 14th, 2021

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Please note: This rule is being reviewed as part of the five-year review process and will be placed on Ohio Rule Review site for pre-clearance review/comment for a 30-day period; starting June 14, 2021 and ending July 13, 2021.

(A) A county department of job and family services (CDJFS) that purchases services and those parties the CDJFS has under contract to provide Title XX services shall administer Title XX services in accordance with the requirements of Title XX of the Social Security Act, 88 Stat. 2337 (1974), 42 U.S.C. 1397 (2010), section 5101.46 of the Revised Code, and Chapter 5101:2-25 of the Administrative Code. Child care services provided under Title XX are excluded from the requirements contained in Chapter 5101:2-25 of the Administrative Code. The CDJFS shall follow child care requirements contained in Chapter 5101:2-16 of the Administrative Code.

(B) Each county in Ohio is designated as a separate geographic area for Title XX services planning, implementation, monitoring, and evaluation.

(C) The Title XX program year is October first through September thirtieth.

(D) Title XX services may be provided through:

(1) "Compact services" are formal or informal arrangements between the CDJFS and a community agency(s);

(2) "Direct services" are services provided by staff or the CDJFS;

(3) "Purchase services" are services provided through written contract between private or nonprofit agency(s); or

(4) "Grants" are agreements made between public children services agencies (PCSA) only.

(E) Methods of delivery may change during a program year as needs occur or resources are developed.

(F) Reimbursement is available only for services and service activities which are specifically included on the "Title XX County Profile," services outlined in rule 5101:2-25-07 of the Administrative Code, and for administrative support directly related to the provision of such services.

(G) When contacted by a consumer or responsible person or agency seeking Title XX services, the CDJFS or provider agency under contract with the CDJFS shall provide an application for Title XX services to the person making the request. An application is not required when services are offered without regard to income.

(H) The CDJFS or provider agency under contract with the CDJFS shall ensure upon the receipt of the application the following:

(1) The consumer or responsible person or agency acting on behalf of the consumer is the person submitting the application for Title XX services.

(2) The application is signed by the consumer, guardian, parent or custodian, if the consumer is a child, or an individual or agency acting on behalf of the consumer.

(I) Protective services for adults and children and information and referral services may be provided without regard to income and do not require an application. Protective services cases require a case record that documents the circumstances of actual or potential abuse, neglect, or exploitation of the adult or child.

(J) All providers of Title XX services shall comply with any licensing, certification, or approval required by state or federal law or regulation.

(K) An individual service plan, designed at the county's option, is required to provide any service defined in rule 5101:2-25-01 of the Administrative Code. A service plan is not required for information and referral services.

(L) Pursuant to section 1397d(a)(9)(A) of the Social Security Act, providers excluded from medicare participation are not eligible to receive Title XX funds either directly or indirectly. Neither the CDJFS nor providers of services under Title XX funding shall employ or contract with excluded individuals.

(M) Reimbursement is available for minor medical or remedial care only when the medical care is integral but subordinate to the provision of the social service to which the medical care is a part.

(N) Title XX funds may not be utilized for:

(1) Purchase or improvement of land, or the purchase, construction, or permanent improvement (other than minor remodeling) of any building or other facility.

(2) Provision of cash payments for cost of subsistence or for the provision of room and board (other than costs of subsistence during rehabilitation, room and board provided for a short term as an integral but subordinate part of a social service, or temporary emergency shelter provided as a protective service).

(3) Payment of the wages of any individual as a social service (other than payments of the wages of Ohio works first customers employed in the provision of child care services).

(4) Provision of medical care (other than family planning services, rehabilitation services or initial detoxification of an alcoholic or drug dependent individual) unless it is an integral but subordinate part of a social service for which grants may be used under 42 U.S.C. 1397d of the Social Security Act.

(5) Social services (except services to an alcoholic or drug dependent individual or rehabilitation services) provided in and by employees of any hospital, skilled nursing facility, intermediate care facility, or prison, to any individual living in such institution.

(6) Provision of any educational service which the state makes generally available to its residents without cost and without regard to their income.

(7) Any child care services unless such services meet applicable standards of state and local law.

(8) Provision of cash payments as a service, except as otherwise provided for in this rule.
Supplemental Information
Authorized By: 5101.46
Amplifies: 5101.46
Five Year Review Date: 6/1/2022
Prior Effective Dates: 3/13/1978, 7/1/1978, 7/1/1979, 7/1/1980, 9/19/1980, 10/1/1982, 1/1/1983, 8/30/1983, 7/1/1985 (Emer.), 9/25/1985, 7/1/1986 (Emer.), 9/25/1986, 11/3/1988, 10/1/1990, 11/1/1991 (Emer.), 1/20/1992, 6/1/1995, 8/1/1998, 1/1/2004, 1/12/2007, 5/31/2012, 4/15/2013, 6/1/2017