Sec. 121.371. There is hereby created the wellness block | 14 |
grant program. The Ohio family
and children first cabinet council | 15 |
shall oversee the program,
and the
children's trust fund board, | 16 |
created by section 3109.15 of the
Revised Code,department of job | 17 |
and family services shall
serve as the program's administrative | 18 |
agent. The
board and the cabinet
council shall establish | 19 |
guidelines for operating the wellness block grant
program.
A | 20 |
representative of the family and children first cabinet council | 21 |
and the chairperson of the children's trust fund board shall | 22 |
resolve any
disagreements concerning the duties of the council and | 23 |
the board under this
section. | 24 |
The children's trust fund board may accept gifts,
donations, | 25 |
grants, or other moneys for the wellness block grant
program from | 26 |
any source. The board shall use the funds received to make block | 27 |
grants to county family and children first councils.
The amount | 28 |
to be granted to each county council
for the program shall be | 29 |
determined by
the board and the cabinet council.
To cover | 30 |
administrative expenses, the board may use in each state fiscal | 31 |
year an amount not to exceed one per cent of the total amount | 32 |
available for the program in that year. | 33 |
County councils shall use the funds they receive
through | 34 |
wellness block grantsfor the program to fund community-based | 35 |
programs of
prevention services that address issues of broad | 36 |
social concern,
as determined by the cabinet council
and the | 37 |
board, and to fund
state-directed training, evaluation, and | 38 |
education programs
pertaining to the issues being addressed.
Each | 39 |
county council
shall submit to the board a program and fiscal plan | 40 |
that
outlines its proposal for expenditure of its block grant
and | 41 |
shall, after consulting with the board of
county commissioners, | 42 |
designate a fiscal agent to receive the block grant. | 43 |
As requested by the board on behalf of the cabinet
council, | 44 |
each county council shall submit program and fiscal
accountings | 45 |
regarding the use of its block grant. The
board and
the cabinet | 46 |
council shall establish criteria for assessing a
county council's | 47 |
progress in achieving the goals of the wellness
block grant | 48 |
program. If a county council does not
operate in accordance with | 49 |
the program guidelines and criteria established by
the board and | 50 |
the cabinet council,
the board and the cabinet council may
revise | 51 |
the allocation of funds that the county council receives. | 52 |
Sec. 3109.15. There is hereby created within the
department | 88 |
of job and family services the children's trust
fund board | 89 |
consisting of fifteen members. The
directors of alcohol and drug | 90 |
addiction services,
health, and job and family services shall be | 91 |
members of
the board. Eight
public members shall be appointed by | 92 |
the governor. These members
shall be persons with demonstrated | 93 |
knowledge in programs for
children, shall be representative of the | 94 |
demographic composition
of this state, and, to the extent | 95 |
practicable, shall be
representative of the following categories: | 96 |
the educational
community; the legal community; the social work | 97 |
community; the
medical community; the voluntary sector; and | 98 |
professional
providers of child abuse and child neglect services. | 99 |
Five of
these members shall be residents of
countiesmetropolitan | 100 |
statistical areas as defined by the United States office of | 101 |
management and budget where the population
exceeds four hundred | 102 |
thousand; no
more than onetwo such
membermembers shall
be
a | 103 |
residentresidents of the
same
countymetropolitan statistical | 104 |
area. Two members of the board shall
be members of the
house of | 105 |
representatives appointed by the
speaker of the house of | 106 |
representatives and shall be members of
two different political | 107 |
parties. Two members of the board shall
be members of the senate | 108 |
appointed by the president of the senate
and shall be members of | 109 |
two different political parties. All
members of the board | 110 |
appointed by the speaker of the house of
representatives or the | 111 |
president of the senate shall serve until
the expiration of the | 112 |
sessions of the general assembly during
which they were appointed. | 113 |
They may be reappointed to an
unlimited number of successive terms | 114 |
of two years at the pleasure
of the speaker of the house of | 115 |
representatives or president of
the senate. Public members shall | 116 |
serve terms of three years. Each
member
shall serve until the | 117 |
member's successor is appointed, or until a period of sixty days | 118 |
has elapsed, whichever occurs first. No
public member
may serve | 119 |
more than two consecutive
full terms, regardless of whether
such | 120 |
terms were full or partial terms. All vacancies on the
board | 121 |
shall be filled for the balance of the unexpired term in
the same | 122 |
manner as the original appointment. | 123 |
Any member of the board may be removed by the
member's | 124 |
appointing authority for misconduct,
incompetency, or neglect of | 125 |
duty after
first being given the opportunity to be heard in the | 126 |
member's own behalf.
Pursuant to section 3.17 of the Revised | 127 |
Code, a member,
except a member of the general assembly or a judge | 128 |
of any court in the state,
who fails
to attend at least | 129 |
three-fifths of the regular and special
meetings held by the board | 130 |
during any two-year period forfeits the
member's position on the | 131 |
board. | 132 |
The speaker of the house of representatives and the
president | 136 |
of the senate shall jointly appoint the board
chairperson
from | 137 |
among the legislative members of the board.At the beginning of | 138 |
the
first year of each even-numbered general assembly, the | 139 |
chairperson
of the board shall be appointed by the speaker of the | 140 |
house of
representatives from among members of the board who are | 141 |
members of
the house of representatives. At the beginning of the | 142 |
first year
of each odd-numbered general assembly, the chairperson | 143 |
of the
board shall be appointed by the president of the senate | 144 |
from among the members of the
board who are senate members. | 145 |
Sec. 3109.16. The children's trust fund board, upon the | 148 |
recommendation of the director of job and family services,
shall | 149 |
approve
the employment of
the staff thatan executive director | 150 |
who will administer the programs of
the board. The department of | 151 |
job and family services
shall provide
budgetary, procurement, | 152 |
accounting, and other related management
functions for the board. | 153 |
An amount not to exceed three per
cent of the total amount of fees | 154 |
deposited in the children's trust
fund in each fiscal year may be | 155 |
used for costs directly related
to these administrative functions | 156 |
of the department. Each fiscal year,
the board shall approve a | 157 |
budget for administrative
expenditures for the next fiscal year. | 158 |
The board may apply for and accept federal and other funds | 167 |
for the
purpose of funding child abuse and child neglect | 168 |
prevention
programs. In addition, the
board may accept gifts and | 169 |
donations from any source,
including individuals,
philanthropic | 170 |
foundations or organizations, corporations, or corporation | 171 |
endowments. The
acceptance and use of federal
funds shall not | 172 |
entail any commitment or pledge of state funds,
nor obligate the | 173 |
general assembly to continue the programs or
activities for which | 174 |
the federal funds are made available. All
funds received in the | 175 |
manner described in this section shall be
transmitted to the | 176 |
treasurer of state, who shall credit them to
the children's trust | 177 |
fund created in section 3109.14 of the
Revised Code. | 178 |
Sec. 3109.17. (A) For each fiscal biennium, the
children's | 179 |
trust
fund board shall establish a biennial state plan for | 180 |
comprehensive child
abuse and child neglect
prevention. The plan | 181 |
shall be transmitted to the
governor, the president and minority | 182 |
leader of the senate, and the
speaker and minority leader of the | 183 |
house of representatives and shall be made available to the | 184 |
general public.
The board shall include in the state plan the | 185 |
definition of "effective public notice" specified in rules adopted | 186 |
by the department of job and family services. | 187 |
(5)
Make a block grantAllocate funds to each child abuse and | 203 |
child neglect
prevention advisory board for the purpose of funding | 204 |
child abuse and child
neglect prevention programs.
The block | 205 |
grantsFunds shall be allocated among
advisory boards according to | 206 |
a formula based on the ratio of the
number of children under age | 207 |
eighteen in the county or multicounty
district to the number of | 208 |
children under age eighteen in the
state, as shown in the most | 209 |
recent federal decennial census of
population. Subject to the | 210 |
availability of funds, each advisory
board shall receive a minimum | 211 |
of ten
thousand dollars per fiscal year. In the case of an | 212 |
advisory
board that serves a multicounty district, the advisory | 213 |
board shall
receive, subject to available funds, a minimum of ten | 214 |
thousand
dollars per fiscal year for each county in the district. | 215 |
Block grantsFunds shall be disbursed to the advisory boards twice | 216 |
annually. At least fifty per cent of the
amount of the block | 217 |
grantfunds allocated to an advisory board for a fiscal year shall | 218 |
be disbursed to
the advisory board not later than the thirtieth | 219 |
day of September.
The remainder of the
block grantfunds | 220 |
allocated to the advisory board for that
fiscal year shall be | 221 |
disbursed before the
thirty-first day of March. | 222 |
(C) The children's trust fund board shall prepare a report | 253 |
for
each fiscal biennium that
evaluatesdelineates the expenditure | 254 |
of money from the
children's trust fund. On or before January 1, | 255 |
2002, and on or before
the first day of January of a year that | 256 |
follows the end of a fiscal
biennium of this state, the board | 257 |
shall file a copy of the report with the
governor, the president | 258 |
and minority leader of the senate, and the speaker and
minority | 259 |
leader of the house of representatives. | 260 |
Sec. 3109.18. (A)(1) A board of county
commissioners may | 265 |
establish a child abuse and child
neglect prevention advisory | 266 |
board or may designate the
county family and
children first | 267 |
council to serve as the child abuse and child neglect
prevention | 268 |
advisory board. The boards of county commissioners of
two or more | 269 |
contiguous counties may instead form a multicounty district
to be | 270 |
served by a child abuse and child neglect
prevention advisory | 271 |
board
or may designate a regional family and children first | 272 |
council to
serve as the district child abuse and child neglect | 273 |
prevention advisory
board. Each advisory board shall meet at | 274 |
least twice a year. | 275 |
(B) Each county that establishes an advisory board or, in a | 281 |
multicounty district, the county the auditor of which has been | 282 |
designated as
the auditor and fiscal
agentofficer of the advisory | 283 |
board,
shall establish a fund in the county
treasury known as the | 284 |
county
or district children's trust fund.
The advisory board | 285 |
shall
deposit all funds received from the
children's trust fund | 286 |
board
into that fund, and the auditor shall
distribute money from | 287 |
the
fund at the request of the advisory
board. | 288 |
(C) Each January, the board of county commissioners of a | 289 |
county
that has established an advisory board or, in a multicounty | 290 |
district, the board of county commissioners of the county the | 291 |
auditor of
which has been designated as the auditor and fiscal | 292 |
agentofficer for the
advisory board, shall appropriate the amount | 293 |
described in division
(B)(2) of section 3109.17 of the Revised | 294 |
Code for
distribution by
the advisory board to child abuse and | 295 |
child neglect prevention
programs. | 296 |
(3) Of the members first appointed, at least one
shall serve | 327 |
for a term of three years, at least one for a term of
two years, | 328 |
and at least one for a term of one year. Thereafter,
each member | 329 |
shall serve a term of three years. Each member shall
serve until | 330 |
the member's successor is appointed. All
vacancies on the
board | 331 |
shall be filled for the balance of the unexpired term in
the same | 332 |
manner as the original appointment. | 333 |
(2)
NotifyProvide effective public notice, as defined in | 344 |
rules adopted by the department of job and family services, to | 345 |
potential
applicants about the availability of
funds from the | 346 |
children's
trust fund, including an estimate of the amount of | 347 |
money available for grants within each county or district, the | 348 |
date of at least one public hearing, information on obtaining a | 349 |
copy of the grant application form, and the deadline for | 350 |
submitting
grant applications; | 351 |
(4) Consistent with the plan developed pursuant to
division | 356 |
(F)(1) of this section, make grants to child abuse and child | 357 |
neglect prevention programs.
In making grants to child abuse and | 358 |
child neglect prevention
programs, the advisory board may consider | 359 |
factors such as need, geographic
location, diversity, coordination | 360 |
with
or improvement of existing services, maintenance of local | 361 |
funding
efforts, and extensive use of volunteers. | 362 |
(G)
A member of a child abuse and child neglect prevention | 364 |
advisory board shall not participate in the development of a | 365 |
comprehensive allocation plan under division (F)(1) of this | 366 |
section if it is reasonable to expect that the member's judgment | 367 |
could be affected by the member's own financial, business, | 368 |
property, or personal interest or other conflict of interest. For | 369 |
purposes of this division, "conflict of interest" means the
taking | 370 |
of any action that violates any applicable provision of
Chapter | 371 |
102. or 2921. of the Revised Code. Questions relating to
the | 372 |
existence of a conflict of interest pertaining to Chapter
2921. of | 373 |
the Revised Code shall be submitted by the advisory board
to the | 374 |
local prosecuting attorney for resolution. Questions
relating to | 375 |
the existence of a conflict of interest pertaining to
Chapter 102. | 376 |
of the Revised Code shall be submitted by the
advisory board to | 377 |
the Ohio ethics commission for resolution. | 378 |
(H)(I) A recipient of a grant from the children's trust fund | 384 |
shall use the grant funds only to fund
primary and secondary child | 385 |
abuse and child
neglect prevention programs. Any
grant funds that | 386 |
are not spent
by the
recipient of the funds within the time | 387 |
specified by the
terms of
the grant shall be returned to the | 388 |
county treasurer. Any
grant funds returned that
are not | 389 |
redistributed by the advisory
board within the
time specified by | 390 |
the terms of the original grantstate fiscal year in which they | 391 |
are received
shall be returned to the
treasurer
of state. The | 392 |
treasurer of
state shall deposit such unspent
moneys into the | 393 |
children's trust
fund to be spent for purposes
consistent with
the | 394 |
state plan
adopted under section 3109.17 of
the Revised Code. | 395 |
(B)(1) The public health council, in accordance with
Chapter | 415 |
119. of the Revised Code, shall adopt, and may amend or
rescind, | 416 |
rules establishing reasonable fees to be charged for
services that | 417 |
the laboratory performs. The council
need not
prescribe fees to | 418 |
be charged in any case where the council
believes that the | 419 |
charging of fees would significantly and
adversely affect the | 420 |
public health.
Except
as provided in
division
(B)(2)
of
this | 421 |
section, allAll fees collected
for services
that
the laboratory | 422 |
performs shall be
deposited into
the state
treasury
to the credit | 423 |
of the "laboratory handling fee
fund,"
which is
hereby created for | 424 |
the purpose of defraying
expenses of
operating
the laboratory. | 425 |
(2) The council, in accordance with division (B)(1) of
this | 426 |
section, shall adopt a rule establishing a fee of not less
than | 427 |
fourteen dollars for tests of newborn children
conducted
under | 428 |
section 3701.501 of the Revised Code. Of each such fee
collected | 429 |
on or after the rule's effective date, not less than ten
dollars | 430 |
and
twenty-five cents shall be deposited into the state treasury | 431 |
to
the credit of the genetics services fund, which is hereby | 432 |
created, and not less than three dollars and seventy-five cents | 433 |
shall
be
deposited into the state treasury to the credit of the | 434 |
sickle
cell fund, which is hereby created. Not less than three | 435 |
dollars from each fee
credited to the genetics services fund shall | 436 |
be used to defray
costs of phenylketonuria programs. Not less | 437 |
than seven
dollars and twenty-five
cents of each fee credited to | 438 |
the genetics services fund shall be
used to defray the costs of | 439 |
the programs authorized by section
3701.502 of the Revised Code. | 440 |
Money credited to the sickle cell
fund shall be used to defray | 441 |
costs of programs authorized by
section 3701.131 of the Revised | 442 |
Code. | 443 |
Sec. 3701.501. (A)
The public health council shall adopt | 444 |
rules in accordance with Chapter 119. of the Revised Code for | 445 |
testing of(1) Except as provided in division (A)(2) of this | 446 |
section,
all newborn children
shall be screened for the presence | 447 |
of
phenylketonuria,
homocystinuria, galactosemia, and | 448 |
hypothyroidism.
The person
designated in the rules shall cause a | 449 |
child to be
tested in
accordance with the rules. The rules may | 450 |
require tests
for otherthe
genetic, endocrine,
orand metabolic | 451 |
disorders
if
the following
conditions are met: | 452 |
All tests required by this section or by rules adopted by
the | 458 |
public health council pursuant to this section shall be
performed | 459 |
by the laboratory authorized by section 3701.22 of the
Revised | 460 |
Code except that if the rules adopted by the public
health council | 461 |
under this section provide that retesting of
children with | 462 |
abnormal test results may be performed by
laboratories other than | 463 |
that laboratory, retests may be performed
by any laboratory | 464 |
approved by the director of health for that
purpose. | 465 |
Rules adopted by the public health council under this
section | 466 |
shall prescribe a method for giving notice of the
proposed tests | 467 |
and the results of the tests to the parents of the
child. The | 468 |
rules shall also prescribe a method for giving notice
of the | 469 |
proposed tests and the results of the tests to either the
person | 470 |
who caused the child to be tested, employees designated by
the | 471 |
rules of the hospital of birth, or the health commissioner
for the | 472 |
health district where the birth occurred, whichever is
appropriate | 473 |
as determined by the rules. | 474 |
The rules also shall
prescribe laboratory methods and other | 475 |
procedures for the
detection of such genetic, endocrine, and | 476 |
metabolic disorders in
newborn children, including procedures for | 477 |
retesting and referral
of children with abnormal test results. | 478 |
With regard to tests for the
presence of phenylketonuria, the | 479 |
laboratory methods and other procedures
prescribed in the rules | 480 |
shall include any test that the council determines is
effective | 481 |
for use in
detecting the disorder in children who are less than | 482 |
forty-eight hours old. | 483 |
(B) There is hereby created the newborn screening advisory | 488 |
council to advise the director of health regarding the screening | 489 |
of newborn children for genetic, endocrine, and metabolic | 490 |
disorders. The council shall engage in an ongoing review of the | 491 |
newborn screening requirements established under this section and | 492 |
shall provide recommendations and reports to the director as the | 493 |
director requests and as the council considers necessary. The | 494 |
director may assign other duties to the council, as the director | 495 |
considers appropriate. | 496 |
The council shall consist of fourteen members appointed by | 497 |
the director. In
making appointments, the director shall select | 498 |
individuals and
representatives of entities with interest and | 499 |
expertise in newborn
screening, including such individuals and | 500 |
entities as health care
professionals, hospitals, children's | 501 |
hospitals, regional genetic
centers, regional sickle cell centers, | 502 |
newborn screening
coordinators, and members of the public. | 503 |
(2) If the director determines that the laboratory | 562 |
authorized under section 3701.22 of the Revised Code is unable to | 563 |
perform screenings for all of the disorders specified in the rules | 564 |
adopted under division (C) of this section, the director shall | 565 |
select another laboratory to perform the screenings. The director | 566 |
shall select the laboratory by issuing a request for proposals. | 567 |
The director may accept proposals submitted by laboratories | 568 |
located outside this state. At the
conclusion of the selection | 569 |
process, the director shall enter into
a written contract with the | 570 |
selected laboratory. If the director
determines that the | 571 |
laboratory is not complying with the terms of
the contract, the | 572 |
director shall immediately terminate the
contract and another | 573 |
laboratory shall be selected and contracted
with in the same | 574 |
manner. | 575 |
(3) Any rescreening caused to be performed pursuant to this | 576 |
section may be performed by the laboratory authorized
by section | 577 |
3701.22 of the Revised Code or one or more other
laboratories | 578 |
designated by the director. Any laboratory the
director considers | 579 |
qualified to perform rescreenings may be
designated, including a | 580 |
laboratory located outside this state.
If more than one laboratory | 581 |
is designated, the person responsible for causing a
rescreening to | 582 |
be performed
is also responsible for selecting the
laboratory to | 583 |
be used. | 584 |
(a) Not less than ten dollars and twenty-five cents shall be | 591 |
deposited in the state treasury to the credit of the genetics | 592 |
services fund, which is hereby created. Not less than seven | 593 |
dollars and twenty-five cents of each fee credited to the genetics | 594 |
services fund shall be used to defray the costs of the programs | 595 |
authorized by section 3701.502 of the Revised Code. Not less than | 596 |
three
dollars from each fee credited to the genetics services fund | 597 |
shall
be used to defray costs of phenylketonuria programs. | 598 |