As Reported by the House Health Committee

126th General Assembly Regular Session 2005-2006

Sub. H. B. No. 289

Representatives White, Beatty, Barrett, Brown, Smith, S., Martin, Mason 

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A BILL

To amend section 121.37 and to enact section 121.374

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of the Revised Code regarding the duties of the

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Ohio Family and Children First Cabinet Council and

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county family and children first councils.

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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:

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(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

Notwithstanding any other provision of law, the public	152
members of a county council are not prohibited from serving on the	153
council and making decisions regarding the duties of the council,	154
including those involving the funding of joint projects and those	155
outlined in the county's service coordination mechanism	156
implemented pursuant to division (C) of this section.	157

The cabinet council shall establish a state appeals process	158
to resolve disputes among the members of a county council	159
concerning whether reasonable responsibilities as members are	160
being shared. The appeals process may be accessed only by a	161
majority vote of the council members who are required to serve on	162
the council. Upon appeal, the cabinet council may order that state	163
funds for services to children and families be redirected to a	164
county's board of county commissioners.	165

(2) The purpose of the county council is to streamline and	166
coordinate existing government services for families seeking	167
services for their children. In seeking to fulfill its purpose, a	168
county council shall provide for the following:	169

(a) Referrals to the cabinet council of those children for	170
whom the county council cannot provide adequate services;	171

(b) Development and implementation of a process that annually	172
evaluates and prioritizes services, fills service gaps where	173
possible, and invents new approaches to achieve better results for	174
families and children;	175

(c) Participation in the development of a countywide,	176
comprehensive, coordinated, multi-disciplinary, interagency system	177
for infants and toddlers with developmental disabilities or delays	178
and their families, as established pursuant to federal grants	179
received and administered by the department of health for early	180
intervention services under the "Education of the Handicapped Act	181
Amendments of 1986Individuals with Disabilities Education Act of	182
2004";	183

(d) Maintenance of an accountability system to monitor the	184
county council's progress in achieving results for families and	185
children;	186

(e) Establishment of a mechanism to ensure ongoing input from	187
a broad representation of families who are receiving services	188
within the county system.	189

(3) A county council shall develop and implement the	190
following:	191

(a) An interagency process to establish local indicators and	192
monitor the county's progress toward increasing child well-being	193
in the county;	194

(b) An interagency process to identify local priorities to	195
increase child well-being. The local priorities shall focus on	196
expectant parents and newborns thriving; infants and toddlers	197
thriving; children being ready for school; children and youth	198
succeeding in school; youth choosing healthy behaviors; and youth	199
successfully transitioning into adulthood and take into account	200
the indicators established by the cabinet council under division	201
(A)(4)(a) of this section.	202

(c) An annual plan that identifies the county's interagency	203
efforts to increase child well-being in the county.	204

On an annual basis, the county council shall submit a report	205
on the status of efforts by the county to increase child	206
well-being in the county to the county's board of county	207
commissioners and the cabinet council. This report shall be made	208
available to any other person on request.	209

(4)(a) Except as provided in division (B)(3)(4)(b) of this	210
section, a county council shall comply with the policies,	211
procedures, and activities prescribed by the rules or interagency	212
agreements of a state department participating on the cabinet	213
council whenever the county council performs a function subject to	214
those rules or agreements.	215

(b) On application of a county council, the cabinet council	216
may grant an exemption from any rules or interagency agreements of	217
a state department participating on the council if an exemption is	218
necessary for the council to implement an alternative program or	219
approach for service delivery to families and children. The	220
application shall describe the proposed program or approach and	221
specify the rules or interagency agreements from which an	222
exemption is necessary. The cabinet council shall approve or	223
disapprove the application in accordance with standards and	224
procedures it shall adopt. If an application is approved, the	225
exemption is effective only while the program or approach is being	226
implemented, including a reasonable period during which the	227
program or approach is being evaluated for effectiveness.	228

(4)(5)(a) Each county council shall designate an	229
administrative agent for the council from among the following	230
public entities: the board of alcohol, drug addiction, and mental	231
health services, including a board of alcohol and drug addiction	232
or a community mental health board if the county is served by	233
separate boards; the board of county commissioners; any board of	234
health of the county's city and general health districts; the	235
county department of job and family services; the county agency	236
responsible for the administration of children services pursuant	237
to section 5153.15 of the Revised Code; the county board of mental	238
retardation and developmental disabilities; any of the county's	239
boards of education or governing boards of educational service	240
centers; or the county's juvenile court. Any of the foregoing	241
public entities, other than the board of county commissioners, may	242
decline to serve as the council's administrative agent.	243

A county council's administrative agent shall serve as the	244
council's appointing authority for any employees of the council.	245
The council shall file an annual budget with its administrative	246
agent, with copies filed with the county auditor and with the	247
board of county commissioners, unless the board is serving as the	248
council's administrative agent. The council's administrative agent	249
shall ensure that all expenditures are handled in accordance with	250
policies, procedures, and activities prescribed by state	251
departments in rules or interagency agreements that are applicable	252
to the council's functions.	253

The administrative agent for a county council may do any of	254
the following on behalf of the council:	255

(i) Enter into agreements or administer contracts with public	256
or private entities to fulfill specific council business. Such	257
agreements and contracts are exempt from the competitive bidding	258
requirements of section 307.86 of the Revised Code if they have	259
been approved by the county council and they are for the purchase	260
of family and child welfare or child protection services or other	261
social or job and family services for families and children. The	262
approval of the county council is not required to exempt	263
agreements or contracts entered into under section 5139.34,	264
5139.41, or 5139.43 of the Revised Code from the competitive	265
bidding requirements of section 307.86 of the Revised Code.	266

(ii) As determined by the council, provide financial	267
stipends, reimbursements, or both, to family representatives for	268
expenses related to council activity;	269

(iii) Receive by gift, grant, devise, or bequest any moneys,	270
lands, or other property for the purposes for which the council is	271
established. The agent shall hold, apply, and dispose of the	272
moneys, lands, or other property according to the terms of the	273
gift, grant, devise, or bequest. Any interest or earnings shall be	274
treated in the same manner and are subject to the same terms as	275
the gift, grant, devise, or bequest from which it accrues.	276

(b)(i) If the county council designates the board of county	277
commissioners as its administrative agent, the board may, by	278
resolution, delegate any of its powers and duties as	279
administrative agent to an executive committee the board	280
establishes from the membership of the county council. The board	281
shall name to the executive committee at least the individuals	282
described in divisions (B)(1)(a)(b) to (i) of this section and may	283
appoint the president of the board or another individual as the	284
chair of the executive committee. The executive committee must	285
include at least one family county council representative who does	286
not have a family member employed by an agency represented on the	287
council.	288

(ii) The executive committee may, with the approval of the	289
board, hire an executive director to assist the county council in	290
administering its powers and duties. The executive director shall	291
serve in the unclassified civil service at the pleasure of the	292
executive committee. The executive director may, with the approval	293
of the executive committee, hire other employees as necessary to	294
properly conduct the county council's business.	295

(iii) The board may require the executive committee to submit	296
an annual budget to the board for approval and may amend or repeal	297
the resolution that delegated to the executive committee its	298
authority as the county council's administrative agent.	299

(5)(6) Two or more county councils may enter into an	300
agreement to administer their county councils jointly by creating	301
a regional family and children first council. A regional council	302
possesses the same duties and authority possessed by a county	303
council, except that the duties and authority apply regionally	304
rather than to individual counties. Prior to entering into an	305
agreement to create a regional council, the members of each county	306
council to be part of the regional council shall meet to determine	307
whether all or part of the members of each county council will	308
serve as members of the regional council.	309

(6)(7) A board of county commissioners may approve a	310
resolution by a majority vote of the board's members that requires	311
the county council to submit a statement to the board each time	312
the council proposes to enter into an agreement, adopt a plan, or	313
make a decision, other than a decision pursuant to section 121.38	314
of the Revised Code, that requires the expenditure of funds for	315
two or more families. The statement shall describe the proposed	316
agreement, plan, or decision.	317

Not later than fifteen days after the board receives the	318
statement, it shall, by resolution approved by a majority of its	319
members, approve or disapprove the agreement, plan, or decision.	320
Failure of the board to pass a resolution during that time period	321
shall be considered approval of the agreement, plan, or decision.	322

An agreement, plan, or decision for which a statement is	323
required to be submitted to the board shall be implemented only if	324
it is approved by the board.	325

(C) Each county shall develop a county service coordination	326
mechanism. The county service coordination mechanism shall serve	327
as the guiding document for coordination of services in the	328
county. For children who also receive services under the help me	329
grow program, the service coordination mechanism shall be	330
consistent with rules adopted by the department of health under	331
section 3701.61 of the Revised Code. All family service	332
coordination plans shall be developed in accordance with the	333
county service coordination mechanism. The mechanism shall be	334
developed and approved with the participation of the county	335
entities representing child welfare; mental retardation and	336
developmental disabilities; alcohol, drug addiction, and mental	337
health services; health; juvenile judges; education; the county	338
family and children first council; and the county early	339
intervention collaborative established pursuant to the federal	340
early intervention program operated under the "Education of the	341
Handicapped Act Amendments of 1986Individuals with Disabilities	342
Education Act of 2004." The county shall establish an	343
implementation schedule for the mechanism. The cabinet council may	344
monitor the implementation and administration of each county's	345
service coordination mechanism.	346

Each mechanism shall include all of the following:

347

(1) A procedure for an agency, including a juvenile court, or	348
a family voluntarily seeking service coordination, to refer the	349
child and family to the county council for service coordination in	350
accordance with the county service coordination mechanism;	351

(2) A procedure ensuring that a family and all appropriate	352
staff from involved agencies, including a representative from the	353
appropriate school district, are notified of and invited to	354
participate in all family service coordination plan meetings;	355

(3) A procedure that permits a family to initiate a meeting	356
to develop or review the family's service coordination plan and	357
allows the family to invite a family advocate, mentor, or support	358
person of the family's choice to participate in any such meeting;	359

(4) A procedure for ensuring that a family service	360
coordination plan meeting is conducted before a non-emergency	361
nonemergency out-of-home placement for all multi-need children, or	362
within ten days of a placement for emergency placements of	363
multi-need children. The family service coordination plan shall	364
outline how the county council members will jointly pay for	365
services, where applicable, and provide services in the least	366
restrictive environment.	367

(5) A procedure for monitoring the progress and tracking the	368
outcomes of each service coordination plan requested in the county	369
including monitoring and tracking children in out-of-home	370
placements to assure continued progress, appropriateness of	371
placement, and continuity of care after discharge from placement	372
with appropriate arrangements for housing, treatment, and	373
education.	374

(6) A procedure for protecting the confidentiality of all	375
personal family information disclosed during service coordination	376
meetings or contained in the comprehensive family service	377
coordination plan.	378

(7) A procedure for assessing the needs and strengths of any	379
child or family that has been referred to the council for service	380
coordination, including a child whose parent or custodian is	381
voluntarily seeking services, and for ensuring that parents and	382
custodians are afforded the opportunity to participate;	383

(8) A procedure for development of a family service	384
coordination plan described in division (D) of this section;	385

(9) A local dispute resolution process to serve as the	386
process that must be used first to resolve disputes among the	387
agencies represented on the county council concerning the	388
provision of services to children, including children who are	389
abused, neglected, dependent, unruly, alleged unruly, or	390
delinquent children and under the jurisdiction of the juvenile	391
court and children whose parents or custodians are voluntarily	392
seeking services. The local dispute resolution process shall	393
comply with sectionsections 121.38, 121.381, and 121.382 of the	394
Revised Code. The local dispute resolution process shall be used	395
to resolve disputes between a child's parents or custodians and	396
the county council regarding service coordination. The county	397
council shall inform the parents or custodians of their right to	398
use the dispute resolution process. Parents or custodians shall	399
use existing local agency grievance procedures to address disputes	400
not involving service coordination. The dispute resolution process	401
is in addition to and does not replace other rights or procedures	402
that parents or custodians may have under other sections of the	403
Revised Code.	404

The cabinet council shall adopt rules in accordance with	405
Chapter 119. of the Revised Code establishing an administrative	406
review process to address problems that arise concerning the	407
operation of a local dispute resolution process.	408

Nothing in division (C)(4) of this section shall be	409
interpreted as overriding or affecting decisions of a juvenile	410
court regarding an out-of-home placement, long-term placement, or	411
emergency out-of-home placement.	412

(D) Each county shall develop a comprehensive family service	413
coordination plan that does all of the following:	414

(1) Designates service responsibilities among the various	415
state and local agencies that provide services to children and	416
their families, including children who are abused, neglected,	417
dependent, unruly, or delinquent children and under the	418
jurisdiction of the juvenile court and children whose parents or	419
custodians are voluntarily seeking services;	420

(2) Designates an individual, approved by the family, to	421
track the progress of the family service coordination plan,	422
schedule reviews as necessary, and facilitate the family service	423
coordination plan meeting process;	424

(3) Ensures that assistance and services to be provided are	425
responsive to the strengths and needs of the family, as well as	426
the family's culture, race, and ethnic group, by allowing the	427
family to offer information and suggestions and participate in	428
decisions. Identified assistance and services shall be provided in	429
the least restrictive environment possible.	430

(4) Includes a process for dealing with a child who is	431
alleged to be an unruly child. The process shall include methods	432
to divert the child from the juvenile court system;	433

(5) Includes timelines for completion of goals specified in	434
the plan with regular reviews scheduled to monitor progress toward	435
those goals;	436

(6) Includes a plan for dealing with short-term crisis	437
situations and safety concerns.	438

(E)(1) The process provided for under division (D)(4) of this	439
section may include, but is not limited to, the following:	440

(a) Designation of the person or agency to conduct the	441
assessment of the child and the child's family as described in	442
division (C)(7) of this section and designation of the instrument	443
or instruments to be used to conduct the assessment;	444

(b) An emphasis on the personal responsibilities of the child	445
and the parental responsibilities of the parents, guardian, or	446
custodian of the child;	447

(c) Involvement of local law enforcement agencies and	448
officials.	449

(2) The method to divert a child from the juvenile court	450
system that must be included in the service coordination process	451
may include, but is not limited to, the following:	452

(a) The preparation of a complaint under section 2151.27 of	453
the Revised Code alleging that the child is an unruly child and	454
notifying the child and the parents, guardian, or custodian that	455
the complaint has been prepared to encourage the child and the	456
parents, guardian, or custodian to comply with other methods to	457
divert the child from the juvenile court system;	458

(b) Conducting a meeting with the child, the parents,	459
guardian, or custodian, and other interested parties to determine	460
the appropriate methods to divert the child from the juvenile	461
court system;	462

(c) A method to provide to the child and the child's family a	463
short-term respite from a short-term crisis situation involving a	464
confrontation between the child and the parents, guardian, or	465
custodian;	466

(d) A program to provide a mentor to the child or the	467
parents, guardian, or custodian;	468

(e) A program to provide parenting education to the parents,	469
guardian, or custodian;	470

(f) An alternative school program for children who are truant	471
from school, repeatedly disruptive in school, or suspended or	472
expelled from school;	473

(g) Other appropriate measures, including, but not limited	474
to, any alternative methods to divert a child from the juvenile	475
court system that are identified by the Ohio family and children	476
first cabinet council.	477

(F) Each county may review and revise the service	478
coordination process described in division (D) of this section	479
based on the availability of funds under Title IV-A of the "Social	480
Security Act," 110 Stat. 2113 (1996), 42 U.S.C.A. 601, as amended,	481
or to the extent resources are available from any other federal,	482
state, or local funds.	483

Sec. 121.374.  There is hereby created the Ohio family and	484
children first cabinet council advisory board consisting of	485
thirteen members. The governor shall appoint one member from the	486
governor's office to serve on the advisory board. The speaker of	487
the house of representatives shall appoint two members of the	488
house of representatives, each from a different political party.	489
The president of the senate shall appoint two members of the	490
senate, each from a different political party. The governor, the	491
speaker of the house of representatives, and the president of the	492
senate shall each appoint one member of the general public who is	493
a primary caregiver who uses or has used a service provided by an	494
agency represented on a family and children first county council.	495
The speaker of the house of representatives and the president of	496
the senate shall each appoint one member representing a foundation	497
or nonprofit organization with expertise in issues related to	498
children, families, or education. The governor shall appoint one	499
member representing a faith-based organization, one member from a	500
county family and children first council in a rural county, and	501
one member from a county family and children first council in an	502
urban county.	503

Each member shall serve until a replacement member is	504
appointed. Vacancies shall be filled in the same manner as	505
original appointments. Members of the advisory board shall serve	506
without compensation.	507

The advisory board shall consult with the cabinet council	508
regarding the council's activities and initiatives, evaluating	509
existing efforts, and help guide the direction of new efforts. The	510
advisory board shall provide guidance regarding efforts to seek	511
local input about the council's activities, initiatives, and	512
achievements of the indicators adopted under section 121.37 of the	513
Revised Code.	514

Section 2. That existing section 121.37 of the Revised Code	515
is hereby repealed.	516