CORRECTED VERSION

As Passed by the House

126th General Assembly Regular Session 2005-2006

Am. Sub. H. B. No. 289

Representatives White, Beatty, Barrett, Brown, Smith, S., Martin, Mason, Allen, DeBose, Domenick, Evans, C., Flowers, Harwood, Hughes, Key, McGregor, J., Oelslager, Schlichter, Skindell, Stewart, D., Strahorn, Yuko 

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A BILL

To amend section 121.37 and to enact section 121.374

1

of the Revised Code regarding the duties of the

2

Ohio Family and Children First Cabinet Council and

3

county family and children first councils.

4

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1.  That section 121.37 be amended and section	5
121.374 of the Revised Code be enacted to read as follows:	6

Sec. 121.37.  (A)(1) There is hereby created the Ohio family	7
and children first cabinet council. The council shall be composed	8
of the superintendent of public instruction and the directors of	9
youth services, job and family services, mental health, health,	10
alcohol and drug addiction services, mental retardation and	11
developmental disabilities, and budget and management. The	12
chairperson of the council shall be the governor or the governor's	13
designee and shall establish procedures for the council's internal	14
control and management.	15

(2) The purpose of the cabinet council is to help families	16
seeking government services. This section shall not be interpreted	17
or applied to usurp the role of parents, but solely to streamline	18
and coordinate existing government services for families seeking	19
assistance for their children.	20

(2) In seeking to fulfill its purpose, the council may do any	21
of the following:	22

(a) Advise and make recommendations to the governor and	23
general assembly regarding the provision of services to children;	24

(b) Advise and assess local governments on the coordination	25
of service delivery to children;	26

(c) Hold meetings at such times and places as may be	27
prescribed by the council's procedures and maintain records of the	28
meetings, except that records identifying individual children are	29
confidential and shall be disclosed only as provided by law;	30

(d) Develop programs and projects, including pilot projects,	31
to encourage coordinated efforts at the state and local level to	32
improve the state's social service delivery system;	33

(e) Enter into contracts with and administer grants to county	34
family and children first councils, as well as other county or	35
multicounty organizations to plan and coordinate service delivery	36
between state agencies and local service providers for families	37
and children;	38

(f) Enter into contracts with and apply for grants from	39
federal agencies or private organizations;	40

(g) Enter into interagency agreements to encourage	41
coordinated efforts at the state and local level to improve the	42
state's social service delivery system. The agreements may include	43
provisions regarding the receipt, transfer, and expenditure of	44
funds;	45

(h) Identify public and private funding sources for services	46
provided to alleged or adjudicated unruly children and children	47
who are at risk of being alleged or adjudicated unruly children,	48
including regulations governing access to and use of the services;	49

(i) Collect information provided by local communities	50
regarding successful programs for prevention, intervention, and	51
treatment of unruly behavior, including evaluations of the	52
programs;	53

(j) Identify and disseminate publications regarding alleged	54
or adjudicated unruly children and children who are at risk of	55
being alleged or adjudicated unruly children and regarding	56
programs serving those types of children;	57

(k) Maintain an inventory of strategic planning facilitators	58
for use by government or nonprofit entities that serve alleged or	59
adjudicated unruly children or children who are at risk of being	60
alleged or adjudicated unruly children.	61

(3) The cabinet council shall provide for the following:

62

(a) Reviews of service and treatment plans for children for	63
which such reviews are requested;	64

(b) Assistance as the council determines to be necessary to	65
meet the needs of children referred by county family and children	66
first councils;	67

(c) Monitoring and supervision of a statewide, comprehensive,	68
coordinated, multi-disciplinary, interagency system for infants	69
and toddlers with developmental disabilities or delays and their	70
families, as established pursuant to federal grants received and	71
administered by the department of health for early intervention	72
services under the "Individuals with Disabilities Education Act of	73
2004," 20 U.S.C.A. 1400, as amended.	74

(4) The cabinet council shall develop and implement the	75
following:	76

(a) An interagency process to select the indicators that will	77
be used to measure progress toward increasing child well-being in	78
the state and to update the indicators on an annual basis. The	79
indicators shall focus on expectant parents and newborns thriving;	80
infants and toddlers thriving; children being ready for school;	81
children and youth succeeding in school; youth choosing healthy	82
behaviors; and youth successfully transitioning into adulthood.	83

(b) An interagency system to offer guidance and monitor	84
progress toward increasing child well-being in the state and in	85
each county;	86

(c) An annual plan that identifies state-level agency efforts	87
taken to ensure progress towards increasing child well-being in	88
the state.	89

On an annual basis, the cabinet council shall submit to the	90
governor and the general assembly a report on the status of	91
efforts to increase child well-being in the state. This report	92
shall be made available to any other person on request.	93

(B)(1) Each board of county commissioners shall establish a	94
county family and children first council. The board may invite any	95
local public or private agency or group that funds, advocates, or	96
provides services to children and families to have a	97
representative become a permanent or temporary member of its	98
county council. Each county council must include the following	99
individuals:	100

(a) At least three individuals who are not employed by an	101
agency represented on the council and whose families are or have	102
received services from an agency represented on the council or	103
another county's council. Where possible, the number of members	104
representing families shall be equal to twenty per cent of the	105
council's membership.	106

(b) The director of the board of alcohol, drug addiction, and	107
mental health services that serves the county, or, in the case of	108
a county that has a board of alcohol and drug addiction services	109
and a community mental health board, the directors of both boards.	110
If a board of alcohol, drug addiction, and mental health services	111
covers more than one county, the director may designate a person	112
to participate on the county's council.	113

(c) The health commissioner, or the commissioner's designee,	114
of the board of health of each city and general health district in	115
the county. If the county has two or more health districts, the	116
health commissioner membership may be limited to the commissioners	117
of the two districts with the largest populations.	118

(d) The director of the county department of job and family	119
services;	120

(e) The executive director of the public children services	121
agency;	122

(f) The superintendent of the county board of mental	123
retardation and developmental disabilities;	124

(g) The county's juvenile court judge senior in service or	125
another judge of the juvenile court designated by the	126
administrative judge or, where there is no administrative judge,	127
by the judge senior in service;	128

(h) The superintendent of the city, exempted village, or	129
local school district with the largest number of pupils residing	130
in the county, as determined by the department of education, which	131
shall notify each board of county commissioners of its	132
determination at least biennially;	133

(i) A school superintendent representing all other school	134
districts with territory in the county, as designated at a	135
biennial meeting of the superintendents of those districts;	136

(j) A representative of the municipal corporation with the	137
largest population in the county;	138

(k) The president of the board of county commissioners or an	139
individual designated by the board;	140

(l) A representative of the regional office of the department	141
of youth services;	142

(m) A representative of the county's head start agencies, as	143
defined in section 3301.32 of the Revised Code;	144

(n) A representative of the county's early intervention	145
collaborative established pursuant to the federal early	146
intervention program operated under the "Education of the	147
Handicapped Act Amendments of 1986Individuals with Disabilities	148
Education Act of 2004";	149

(o) A representative of a local nonprofit entity that funds,	150
advocates, or provides services to children and families.	151

Each member of a county council specified in division	152
(B)(1)(b) to (j) and (B)(1)(l) to (n) of this section may	153
designate an individual to serve on the county council for the	154
member.	155

Notwithstanding any other provision of law, the public	156
members of a county council are not prohibited from serving on the	157
council and making decisions regarding the duties of the council,	158
including those involving the funding of joint projects and those	159
outlined in the county's service coordination mechanism	160
implemented pursuant to division (C) of this section.	161

The cabinet council shall establish a state appeals process	162
to resolve disputes among the members of a county council	163
concerning whether reasonable responsibilities as members are	164
being shared. The appeals process may be accessed only by a	165
majority vote of the council members who are required to serve on	166
the council. Upon appeal, the cabinet council may order that state	167
funds for services to children and families be redirected to a	168
county's board of county commissioners.	169

(2) The purpose of the county council is to streamline and	170
coordinate existing government services for families seeking	171
services for their children. In seeking to fulfill its purpose, a	172
county council shall provide for the following:	173

(a) Referrals to the cabinet council of those children for	174
whom the county council cannot provide adequate services;	175

(b) Development and implementation of a process that annually	176
evaluates and prioritizes services, fills service gaps where	177
possible, and invents new approaches to achieve better results for	178
families and children;	179

(c) Participation in the development of a countywide,	180
comprehensive, coordinated, multi-disciplinary, interagency system	181
for infants and toddlers with developmental disabilities or delays	182
and their families, as established pursuant to federal grants	183
received and administered by the department of health for early	184
intervention services under the "Education of the Handicapped Act	185
Amendments of 1986Individuals with Disabilities Education Act of	186
2004";	187

(d) Maintenance of an accountability system to monitor the	188
county council's progress in achieving results for families and	189
children;	190

(e) Establishment of a mechanism to ensure ongoing input from	191
a broad representation of families who are receiving services	192
within the county system.	193

(3) A county council shall develop and implement the	194
following:	195

(a) An interagency process to establish local indicators and	196
monitor the county's progress toward increasing child well-being	197
in the county;	198

(b) An interagency process to identify local priorities to	199
increase child well-being. The local priorities shall focus on	200
expectant parents and newborns thriving; infants and toddlers	201
thriving; children being ready for school; children and youth	202
succeeding in school; youth choosing healthy behaviors; and youth	203
successfully transitioning into adulthood and take into account	204
the indicators established by the cabinet council under division	205
(A)(4)(a) of this section.	206

(c) An annual plan that identifies the county's interagency	207
efforts to increase child well-being in the county.	208

On an annual basis, the county council shall submit a report	209
on the status of efforts by the county to increase child	210
well-being in the county to the county's board of county	211
commissioners and the cabinet council. This report shall be made	212
available to any other person on request.	213

(4)(a) Except as provided in division (B)(3)(4)(b) of this	214
section, a county council shall comply with the policies,	215
procedures, and activities prescribed by the rules or interagency	216
agreements of a state department participating on the cabinet	217
council whenever the county council performs a function subject to	218
those rules or agreements.	219

(b) On application of a county council, the cabinet council	220
may grant an exemption from any rules or interagency agreements of	221
a state department participating on the council if an exemption is	222
necessary for the council to implement an alternative program or	223
approach for service delivery to families and children. The	224
application shall describe the proposed program or approach and	225
specify the rules or interagency agreements from which an	226
exemption is necessary. The cabinet council shall approve or	227
disapprove the application in accordance with standards and	228
procedures it shall adopt. If an application is approved, the	229
exemption is effective only while the program or approach is being	230
implemented, including a reasonable period during which the	231
program or approach is being evaluated for effectiveness.	232

(4)(5)(a) Each county council shall designate an	233
administrative agent for the council from among the following	234
public entities: the board of alcohol, drug addiction, and mental	235
health services, including a board of alcohol and drug addiction	236
or a community mental health board if the county is served by	237
separate boards; the board of county commissioners; any board of	238
health of the county's city and general health districts; the	239
county department of job and family services; the county agency	240
responsible for the administration of children services pursuant	241
to section 5153.15 of the Revised Code; the county board of mental	242
retardation and developmental disabilities; any of the county's	243
boards of education or governing boards of educational service	244
centers; or the county's juvenile court. Any of the foregoing	245
public entities, other than the board of county commissioners, may	246
decline to serve as the council's administrative agent.	247

A county council's administrative agent shall serve as the	248
council's appointing authority for any employees of the council.	249
The council shall file an annual budget with its administrative	250
agent, with copies filed with the county auditor and with the	251
board of county commissioners, unless the board is serving as the	252
council's administrative agent. The council's administrative agent	253
shall ensure that all expenditures are handled in accordance with	254
policies, procedures, and activities prescribed by state	255
departments in rules or interagency agreements that are applicable	256
to the council's functions.	257

The administrative agent for a county council may do any of	258
the following on behalf of the council:	259

(i) Enter into agreements or administer contracts with public	260
or private entities to fulfill specific council business. Such	261
agreements and contracts are exempt from the competitive bidding	262
requirements of section 307.86 of the Revised Code if they have	263
been approved by the county council and they are for the purchase	264
of family and child welfare or child protection services or other	265
social or job and family services for families and children. The	266
approval of the county council is not required to exempt	267
agreements or contracts entered into under section 5139.34,	268
5139.41, or 5139.43 of the Revised Code from the competitive	269
bidding requirements of section 307.86 of the Revised Code.	270

(ii) As determined by the council, provide financial	271
stipends, reimbursements, or both, to family representatives for	272
expenses related to council activity;	273

(iii) Receive by gift, grant, devise, or bequest any moneys,	274
lands, or other property for the purposes for which the council is	275
established. The agent shall hold, apply, and dispose of the	276
moneys, lands, or other property according to the terms of the	277
gift, grant, devise, or bequest. Any interest or earnings shall be	278
treated in the same manner and are subject to the same terms as	279
the gift, grant, devise, or bequest from which it accrues.	280

(b)(i) If the county council designates the board of county	281
commissioners as its administrative agent, the board may, by	282
resolution, delegate any of its powers and duties as	283
administrative agent to an executive committee the board	284
establishes from the membership of the county council. The board	285
shall name to the executive committee at least the individuals	286
described in divisions (B)(1)(a)(b) to (i) of this section and may	287
appoint the president of the board or another individual as the	288
chair of the executive committee. The executive committee must	289
include at least one family county council representative who does	290
not have a family member employed by an agency represented on the	291
council.	292

(ii) The executive committee may, with the approval of the	293
board, hire an executive director to assist the county council in	294
administering its powers and duties. The executive director shall	295
serve in the unclassified civil service at the pleasure of the	296
executive committee. The executive director may, with the approval	297
of the executive committee, hire other employees as necessary to	298
properly conduct the county council's business.	299

(iii) The board may require the executive committee to submit	300
an annual budget to the board for approval and may amend or repeal	301
the resolution that delegated to the executive committee its	302
authority as the county council's administrative agent.	303

(5)(6) Two or more county councils may enter into an	304
agreement to administer their county councils jointly by creating	305
a regional family and children first council. A regional council	306
possesses the same duties and authority possessed by a county	307
council, except that the duties and authority apply regionally	308
rather than to individual counties. Prior to entering into an	309
agreement to create a regional council, the members of each county	310
council to be part of the regional council shall meet to determine	311
whether all or part of the members of each county council will	312
serve as members of the regional council.	313

(6)(7) A board of county commissioners may approve a	314
resolution by a majority vote of the board's members that requires	315
the county council to submit a statement to the board each time	316
the council proposes to enter into an agreement, adopt a plan, or	317
make a decision, other than a decision pursuant to section 121.38	318
of the Revised Code, that requires the expenditure of funds for	319
two or more families. The statement shall describe the proposed	320
agreement, plan, or decision.	321

Not later than fifteen days after the board receives the	322
statement, it shall, by resolution approved by a majority of its	323
members, approve or disapprove the agreement, plan, or decision.	324
Failure of the board to pass a resolution during that time period	325
shall be considered approval of the agreement, plan, or decision.	326

An agreement, plan, or decision for which a statement is	327
required to be submitted to the board shall be implemented only if	328
it is approved by the board.	329

(C) Each county shall develop a county service coordination	330
mechanism. The county service coordination mechanism shall serve	331
as the guiding document for coordination of services in the	332
county. For children who also receive services under the help me	333
grow program, the service coordination mechanism shall be	334
consistent with rules adopted by the department of health under	335
section 3701.61 of the Revised Code. All family service	336
coordination plans shall be developed in accordance with the	337
county service coordination mechanism. The mechanism shall be	338
developed and approved with the participation of the county	339
entities representing child welfare; mental retardation and	340
developmental disabilities; alcohol, drug addiction, and mental	341
health services; health; juvenile judges; education; the county	342
family and children first council; and the county early	343
intervention collaborative established pursuant to the federal	344
early intervention program operated under the "Education of the	345
Handicapped Act Amendments of 1986Individuals with Disabilities	346
Education Act of 2004." The county shall establish an	347
implementation schedule for the mechanism. The cabinet council may	348
monitor the implementation and administration of each county's	349
service coordination mechanism.	350

Each mechanism shall include all of the following:

351

(1) A procedure for an agency, including a juvenile court, or	352
a family voluntarily seeking service coordination, to refer the	353
child and family to the county council for service coordination in	354
accordance with the county service coordination mechanism;	355

(2) A procedure ensuring that a family and all appropriate	356
staff from involved agencies, including a representative from the	357
appropriate school district, are notified of and invited to	358
participate in all family service coordination plan meetings;	359

(3) A procedure that permits a family to initiate a meeting	360
to develop or review the family's service coordination plan and	361
allows the family to invite a family advocate, mentor, or support	362
person of the family's choice to participate in any such meeting;	363

(4) A procedure for ensuring that a family service	364
coordination plan meeting is conducted before a non-emergency	365
nonemergency out-of-home placement for all multi-need children, or	366
within ten days of a placement for emergency placements of	367
multi-need children. The family service coordination plan shall	368
outline how the county council members will jointly pay for	369
services, where applicable, and provide services in the least	370
restrictive environment.	371

(5) A procedure for monitoring the progress and tracking the	372
outcomes of each service coordination plan requested in the county	373
including monitoring and tracking children in out-of-home	374
placements to assure continued progress, appropriateness of	375
placement, and continuity of care after discharge from placement	376
with appropriate arrangements for housing, treatment, and	377
education.	378

(6) A procedure for protecting the confidentiality of all	379
personal family information disclosed during service coordination	380
meetings or contained in the comprehensive family service	381
coordination plan.	382

(7) A procedure for assessing the needs and strengths of any	383
child or family that has been referred to the council for service	384
coordination, including a child whose parent or custodian is	385
voluntarily seeking services, and for ensuring that parents and	386
custodians are afforded the opportunity to participate;	387

(8) A procedure for development of a family service	388
coordination plan described in division (D) of this section;	389

(9) A local dispute resolution process to serve as the	390
process that must be used first to resolve disputes among the	391
agencies represented on the county council concerning the	392
provision of services to children, including children who are	393
abused, neglected, dependent, unruly, alleged unruly, or	394
delinquent children and under the jurisdiction of the juvenile	395
court and children whose parents or custodians are voluntarily	396
seeking services. The local dispute resolution process shall	397
comply with sectionsections 121.38, 121.381, and 121.382 of the	398
Revised Code. The local dispute resolution process shall be used	399
to resolve disputes between a child's parents or custodians and	400
the county council regarding service coordination. The county	401
council shall inform the parents or custodians of their right to	402
use the dispute resolution process. Parents or custodians shall	403
use existing local agency grievance procedures to address disputes	404
not involving service coordination. The dispute resolution process	405
is in addition to and does not replace other rights or procedures	406
that parents or custodians may have under other sections of the	407
Revised Code.	408

The cabinet council shall adopt rules in accordance with	409
Chapter 119. of the Revised Code establishing an administrative	410
review process to address problems that arise concerning the	411
operation of a local dispute resolution process.	412

Nothing in division (C)(4) of this section shall be	413
interpreted as overriding or affecting decisions of a juvenile	414
court regarding an out-of-home placement, long-term placement, or	415
emergency out-of-home placement.	416

(D) Each county shall develop a comprehensive family service	417
coordination plan that does all of the following:	418

(1) Designates service responsibilities among the various	419
state and local agencies that provide services to children and	420
their families, including children who are abused, neglected,	421
dependent, unruly, or delinquent children and under the	422
jurisdiction of the juvenile court and children whose parents or	423
custodians are voluntarily seeking services;	424

(2) Designates an individual, approved by the family, to	425
track the progress of the family service coordination plan,	426
schedule reviews as necessary, and facilitate the family service	427
coordination plan meeting process;	428

(3) Ensures that assistance and services to be provided are	429
responsive to the strengths and needs of the family, as well as	430
the family's culture, race, and ethnic group, by allowing the	431
family to offer information and suggestions and participate in	432
decisions. Identified assistance and services shall be provided in	433
the least restrictive environment possible.	434

(4) Includes a process for dealing with a child who is	435
alleged to be an unruly child. The process shall include methods	436
to divert the child from the juvenile court system;	437

(5) Includes timelines for completion of goals specified in	438
the plan with regular reviews scheduled to monitor progress toward	439
those goals;	440

(6) Includes a plan for dealing with short-term crisis	441
situations and safety concerns.	442

(E)(1) The process provided for under division (D)(4) of this	443
section may include, but is not limited to, the following:	444

(a) Designation of the person or agency to conduct the	445
assessment of the child and the child's family as described in	446
division (C)(7) of this section and designation of the instrument	447
or instruments to be used to conduct the assessment;	448

(b) An emphasis on the personal responsibilities of the child	449
and the parental responsibilities of the parents, guardian, or	450
custodian of the child;	451

(c) Involvement of local law enforcement agencies and	452
officials.	453

(2) The method to divert a child from the juvenile court	454
system that must be included in the service coordination process	455
may include, but is not limited to, the following:	456

(a) The preparation of a complaint under section 2151.27 of	457
the Revised Code alleging that the child is an unruly child and	458
notifying the child and the parents, guardian, or custodian that	459
the complaint has been prepared to encourage the child and the	460
parents, guardian, or custodian to comply with other methods to	461
divert the child from the juvenile court system;	462

(b) Conducting a meeting with the child, the parents,	463
guardian, or custodian, and other interested parties to determine	464
the appropriate methods to divert the child from the juvenile	465
court system;	466

(c) A method to provide to the child and the child's family a	467
short-term respite from a short-term crisis situation involving a	468
confrontation between the child and the parents, guardian, or	469
custodian;	470

(d) A program to provide a mentor to the child or the	471
parents, guardian, or custodian;	472

(e) A program to provide parenting education to the parents,	473
guardian, or custodian;	474

(f) An alternative school program for children who are truant	475
from school, repeatedly disruptive in school, or suspended or	476
expelled from school;	477

(g) Other appropriate measures, including, but not limited	478
to, any alternative methods to divert a child from the juvenile	479
court system that are identified by the Ohio family and children	480
first cabinet council.	481

(F) Each county may review and revise the service	482
coordination process described in division (D) of this section	483
based on the availability of funds under Title IV-A of the "Social	484
Security Act," 110 Stat. 2113 (1996), 42 U.S.C.A. 601, as amended,	485
or to the extent resources are available from any other federal,	486
state, or local funds.	487

Sec. 121.374.  There is hereby created the Ohio family and	488
children first cabinet council advisory board consisting of	489
thirteen members. The governor shall appoint one member from the	490
governor's office to serve on the advisory board. The speaker of	491
the house of representatives shall appoint two members of the	492
house of representatives, each from a different political party.	493
The president of the senate shall appoint two members of the	494
senate, each from a different political party. The governor, the	495
speaker of the house of representatives, and the president of the	496
senate shall each appoint one member of the general public who is	497
a primary caregiver who uses or has used a service provided by an	498
agency represented on a family and children first county council.	499
The speaker of the house of representatives and the president of	500
the senate shall each appoint one member representing a foundation	501
or nonprofit organization with expertise in issues related to	502
children, families, or education. The governor shall appoint one	503
member representing a faith-based organization, one member from a	504
county family and children first council in a rural county, and	505
one member from a county family and children first council in an	506
urban county.	507

Each member shall serve until a replacement member is	508
appointed. Vacancies shall be filled in the same manner as	509
original appointments. Members of the advisory board shall serve	510
without compensation.	511

The advisory board shall consult with the cabinet council	512
regarding the council's activities and initiatives, evaluating	513
existing efforts, and help guide the direction of new efforts. The	514
advisory board shall provide guidance regarding efforts to seek	515
local input about the council's activities, initiatives, and	516
achievements of the indicators adopted under section 121.37 of the	517
Revised Code.	518

Section 2. That existing section 121.37 of the Revised Code	519
is hereby repealed.	520