As Reported by the Senate Health, Human Services and Aging Committee

126th General Assembly
Regular Session
2005-2006
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 



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 family7
and children first cabinet council. The council shall be composed8
of the superintendent of public instruction and the directors of9
youth services, job and family services, mental health, health,10
alcohol and drug addiction services, mental retardation and11
developmental disabilities, and budget and management. The12
chairperson of the council shall be the governor or the governor's13
designee and shall establish procedures for the council's internal14
control and management.15

       (2) The purpose of the cabinet council is to help families16
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 any21
of the following:22

       (a) Advise and make recommendations to the governor and23
general assembly regarding the provision of services to children;24

       (b) Advise and assess local governments on the coordination25
of service delivery to children;26

       (c) Hold meetings at such times and places as may be27
prescribed by the council's procedures and maintain records of the28
meetings, except that records identifying individual children are29
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 to32
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 or35
multicounty organizations to plan and coordinate service delivery36
between state agencies and local service providers for families37
and children;38

       (f) Enter into contracts with and apply for grants from39
federal agencies or private organizations;40

       (g) Enter into interagency agreements to encourage41
coordinated efforts at the state and local level to improve the42
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 services46
provided to alleged or adjudicated unruly children and children47
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 communities50
regarding successful programs for prevention, intervention, and51
treatment of unruly behavior, including evaluations of the52
programs;53

       (j) Identify and disseminate publications regarding alleged54
or adjudicated unruly children and children who are at risk of55
being alleged or adjudicated unruly children and regarding56
programs serving those types of children;57

       (k) Maintain an inventory of strategic planning facilitators58
for use by government or nonprofit entities that serve alleged or59
adjudicated unruly children or children who are at risk of being60
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 for63
which such reviews are requested;64

       (b) Assistance as the council determines to be necessary to65
meet the needs of children referred by county family and children66
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 a94
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 a97
representative become a permanent or temporary member of its98
county council. Each county council must include the following99
individuals:100

       (a) At least three individuals who are not employed by an 101
agency represented on the council and whose families are or have102
received services from an agency represented on the council or103
another county's council. Where possible, the number of members104
representing families shall be equal to twenty per cent of the105
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 in115
the county. If the county has two or more health districts, the116
health commissioner membership may be limited to the commissioners117
of the two districts with the largest populations.118

       (d) The director of the county department of job and family119
services;120

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

       (f) The superintendent of the county board of mental123
retardation and developmental disabilities;124

       (g) The county's juvenile court judge senior in service or125
another judge of the juvenile court designated by the126
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, or129
local school district with the largest number of pupils residing130
in the county, as determined by the department of education, which131
shall notify each board of county commissioners of its132
determination at least biennially;133

       (i)(h) A school superintendent representing all other school134
districts with territory in the county, as designated at a135
biennial meeting of the superintendents of those districts;136

       (j)(i) A representative of the municipal corporation with the137
largest population in the county;138

       (k)(j) The president of the board of county commissioners or139
an individual designated by the board;140

       (l)(k) A representative of the regional office of the141
department of youth services;142

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

       (n)(m) A representative of the county's early intervention145
collaborative established pursuant to the federal early146
intervention program operated under the "Education of the147
Handicapped Act Amendments of 1986Individuals with Disabilities 148
Education Act of 2004";149

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

       Notwithstanding any other provision of law, the public152
members of a county council are not prohibited from serving on the153
council and making decisions regarding the duties of the council,154
including those involving the funding of joint projects and those155
outlined in the county's service coordination mechanism156
implemented pursuant to division (C) of this section.157

       The cabinet council shall establish a state appeals process158
to resolve disputes among the members of a county council159
concerning whether reasonable responsibilities as members are160
being shared. The appeals process may be accessed only by a161
majority vote of the council members who are required to serve on162
the council. Upon appeal, the cabinet council may order that state163
funds for services to children and families be redirected to a 164
county's board of county commissioners.165

       The county's juvenile court judge senior in service or 166
another judge of the juvenile court designated by the 167
administrative judge or, where there is no administrative judge, 168
by the judge senior in service shall serve as the judicial advisor 169
to the county family and children first council. The judge may 170
advise the county council on the court's utilization of resources, 171
services, or programs provided by the entities represented by the 172
members of the county council and how those resources, services, 173
or programs assist the court in its administration of justice. 174
Service of a judge as a judicial advisor pursuant to this section 175
is a judicial function.176

       (2) The purpose of the county council is to streamline and 177
coordinate existing government services for families seeking 178
services for their children. In seeking to fulfill its purpose, a 179
county council shall provide for the following:180

       (a) Referrals to the cabinet council of those children for181
whom the county council cannot provide adequate services;182

       (b) Development and implementation of a process that annually 183
evaluates and prioritizes services, fills service gaps where 184
possible, and invents new approaches to achieve better results for 185
families and children;186

       (c) Participation in the development of a countywide,187
comprehensive, coordinated, multi-disciplinary, interagency system188
for infants and toddlers with developmental disabilities or delays189
and their families, as established pursuant to federal grants190
received and administered by the department of health for early191
intervention services under the "Education of the Handicapped Act192
Amendments of 1986Individuals with Disabilities Education Act of 193
2004";194

       (d) Maintenance of an accountability system to monitor the195
county council's progress in achieving results for families and196
children;197

       (e) Establishment of a mechanism to ensure ongoing input from 198
a broad representation of families who are receiving services199
within the county system.200

       (3) A county council shall develop and implement the 201
following:202

       (a) An interagency process to establish local indicators and 203
monitor the county's progress toward increasing child well-being 204
in the county;205

       (b) An interagency process to identify local priorities to 206
increase child well-being. The local priorities shall focus on 207
expectant parents and newborns thriving; infants and toddlers 208
thriving; children being ready for school; children and youth 209
succeeding in school; youth choosing healthy behaviors; and youth 210
successfully transitioning into adulthood and take into account 211
the indicators established by the cabinet council under division 212
(A)(4)(a) of this section.213

       (c) An annual plan that identifies the county's interagency 214
efforts to increase child well-being in the county.215

       On an annual basis, the county council shall submit a report 216
on the status of efforts by the county to increase child 217
well-being in the county to the county's board of county 218
commissioners and the cabinet council. This report shall be made 219
available to any other person on request.220

       (4)(a) Except as provided in division (B)(3)(4)(b) of this221
section, a county council shall comply with the policies,222
procedures, and activities prescribed by the rules or interagency223
agreements of a state department participating on the cabinet224
council whenever the county council performs a function subject to225
those rules or agreements.226

       (b) On application of a county council, the cabinet council227
may grant an exemption from any rules or interagency agreements of228
a state department participating on the council if an exemption is229
necessary for the council to implement an alternative program or230
approach for service delivery to families and children. The231
application shall describe the proposed program or approach and232
specify the rules or interagency agreements from which an233
exemption is necessary. The cabinet council shall approve or234
disapprove the application in accordance with standards and235
procedures it shall adopt. If an application is approved, the236
exemption is effective only while the program or approach is being237
implemented, including a reasonable period during which the238
program or approach is being evaluated for effectiveness.239

       (4)(5)(a) Each county council shall designate an240
administrative agent for the council from among the following 241
public entities: the board of alcohol, drug addiction, and mental 242
health services, including a board of alcohol and drug addiction 243
or a community mental health board if the county is served by 244
separate boards; the board of county commissioners; any board of 245
health of the county's city and general health districts; the 246
county department of job and family services; the county agency247
responsible for the administration of children services pursuant 248
to section 5153.15 of the Revised Code; the county board of mental 249
retardation and developmental disabilities; any of the county's 250
boards of education or governing boards of educational service251
centers; or the county's juvenile court. Any of the foregoing 252
public entities, other than the board of county commissioners, may253
decline to serve as the council's administrative agent.254

       A county council's administrative agent shall serve as the255
council's appointing authority for any employees of the council.256
The council shall file an annual budget with its administrative257
agent, with copies filed with the county auditor and with the258
board of county commissioners, unless the board is serving as the259
council's administrative agent. The council's administrative agent 260
shall ensure that all expenditures are handled in accordance with 261
policies, procedures, and activities prescribed by state262
departments in rules or interagency agreements that are applicable263
to the council's functions.264

       The administrative agent of a county council shall send 265
notice of a member's absence if a member listed in division (B)(1) 266
of this section has been absent from either three consecutive 267
meetings of the county council or a county council subcommittee, 268
or from one-quarter of such meetings in a calendar year, whichever 269
is less. The notice shall be sent to the board of county 270
commissioners that establishes the county council and, for the 271
members listed in divisions (B)(1)(b), (c), (e), and (l) of this 272
section, to the governing board overseeing the respective entity; 273
for the member listed in division (B)(1)(f) of this section, to 274
the county board of mental retardation and developmental 275
disabilities that employs the superintendent; for a member listed 276
in division (B)(1)(g) or (h) of this section, to the school board 277
that employs the superintendent; for the member listed in division 278
(B)(1)(i) of this section, to the mayor of the municipal 279
corporation; for the member listed in division (B)(1)(k) of this 280
section, to the director of youth services; and for the member 281
listed in division (B)(1)(n), to that member's board of trustees.282

       The administrative agent for a county council may do any of283
the following on behalf of the council:284

       (i) Enter into agreements or administer contracts with public 285
or private entities to fulfill specific council business. Such 286
agreements and contracts are exempt from the competitive bidding 287
requirements of section 307.86 of the Revised Code if they have 288
been approved by the county council and they are for the purchase 289
of family and child welfare or child protection services or other 290
social or job and family services for families and children. The 291
approval of the county council is not required to exempt 292
agreements or contracts entered into under section 5139.34,293
5139.41, or 5139.43 of the Revised Code from the competitive294
bidding requirements of section 307.86 of the Revised Code.295

       (ii) As determined by the council, provide financial296
stipends, reimbursements, or both, to family representatives for297
expenses related to council activity;298

       (iii) Receive by gift, grant, devise, or bequest any moneys,299
lands, or other property for the purposes for which the council is300
established. The agent shall hold, apply, and dispose of the301
moneys, lands, or other property according to the terms of the302
gift, grant, devise, or bequest. Any interest or earnings shall be 303
treated in the same manner and are subject to the same terms as304
the gift, grant, devise, or bequest from which it accrues.305

       (b)(i) If the county council designates the board of county306
commissioners as its administrative agent, the board may, by307
resolution, delegate any of its powers and duties as308
administrative agent to an executive committee the board309
establishes from the membership of the county council. The board310
shall name to the executive committee at least the individuals311
described in divisions (B)(1)(a)(b) to (i)(h) of this section and312
may appoint the president of the board or another individual as313
the chair of the executive committee. The executive committee must 314
include at least one family county council representative who does 315
not have a family member employed by an agency represented on the 316
council.317

       (ii) The executive committee may, with the approval of the318
board, hire an executive director to assist the county council in319
administering its powers and duties. The executive director shall320
serve in the unclassified civil service at the pleasure of the321
executive committee. The executive director may, with the approval 322
of the executive committee, hire other employees as necessary to 323
properly conduct the county council's business.324

       (iii) The board may require the executive committee to submit 325
an annual budget to the board for approval and may amend or repeal 326
the resolution that delegated to the executive committee its 327
authority as the county council's administrative agent.328

       (5)(6) Two or more county councils may enter into an329
agreement to administer their county councils jointly by creating 330
a regional family and children first council. A regional council331
possesses the same duties and authority possessed by a county 332
council, except that the duties and authority apply regionally 333
rather than to individual counties. Prior to entering into an 334
agreement to create a regional council, the members of each county 335
council to be part of the regional council shall meet to determine 336
whether all or part of the members of each county council will 337
serve as members of the regional council.338

       (6)(7) A board of county commissioners may approve a 339
resolution by a majority vote of the board's members that requires 340
the county council to submit a statement to the board each time341
the council proposes to enter into an agreement, adopt a plan, or 342
make a decision, other than a decision pursuant to section 121.38 343
of the Revised Code, that requires the expenditure of funds for 344
two or more families. The statement shall describe the proposed345
agreement, plan, or decision.346

       Not later than fifteen days after the board receives the347
statement, it shall, by resolution approved by a majority of its348
members, approve or disapprove the agreement, plan, or decision.349
Failure of the board to pass a resolution during that time period350
shall be considered approval of the agreement, plan, or decision.351

       An agreement, plan, or decision for which a statement is352
required to be submitted to the board shall be implemented only if353
it is approved by the board.354

       (C) Each county shall develop a county service coordination355
mechanism. The county service coordination mechanism shall serve 356
as the guiding document for coordination of services in the 357
county. For children who also receive services under the help me 358
grow program, the service coordination mechanism shall be 359
consistent with rules adopted by the department of health under 360
section 3701.61 of the Revised Code. All family service 361
coordination plans shall be developed in accordance with the 362
county service coordination mechanism. The mechanism shall be 363
developed and approved with the participation of the county364
entities representing child welfare; mental retardation and 365
developmental disabilities; alcohol, drug addiction, and mental 366
health services; health; juvenile judges; education; the county 367
family and children first council; and the county early368
intervention collaborative established pursuant to the federal 369
early intervention program operated under the "Education of the370
Handicapped Act Amendments of 1986Individuals with Disabilities 371
Education Act of 2004." The county shall establish an 372
implementation schedule for the mechanism. The cabinet council may 373
monitor the implementation and administration of each county's 374
service coordination mechanism.375

       Each mechanism shall include all of the following:376

       (1) A procedure for an agency, including a juvenile court, or 377
a family voluntarily seeking service coordination, to refer the 378
child and family to the county council for service coordination in 379
accordance with the county service coordination mechanism;380

       (2) A procedure ensuring that a family and all appropriate 381
staff from involved agencies, including a representative from the 382
appropriate school district, are notified of and invited to 383
participate in all family service coordination plan meetings;384

        (3) A procedure that permits a family to initiate a meeting 385
to develop or review the family's service coordination plan and 386
allows the family to invite a family advocate, mentor, or support 387
person of the family's choice to participate in any such meeting;388

        (4) A procedure for ensuring that a family service 389
coordination plan meeting is conducted before a non-emergency390
nonemergency out-of-home placement for all multi-need children, or 391
within ten days of a placement for emergency placements of 392
multi-need children. The family service coordination plan shall 393
outline how the county council members will jointly pay for 394
services, where applicable, and provide services in the least 395
restrictive environment.396

        (5) A procedure for monitoring the progress and tracking the 397
outcomes of each service coordination plan requested in the county 398
including monitoring and tracking children in out-of-home 399
placements to assure continued progress, appropriateness of 400
placement, and continuity of care after discharge from placement 401
with appropriate arrangements for housing, treatment, and 402
education.403

        (6) A procedure for protecting the confidentiality of all 404
personal family information disclosed during service coordination 405
meetings or contained in the comprehensive family service 406
coordination plan.407

        (7) A procedure for assessing the needs and strengths of any 408
child or family that has been referred to the council for service 409
coordination, including a child whose parent or custodian is 410
voluntarily seeking services, and for ensuring that parents and 411
custodians are afforded the opportunity to participate;412

       (8) A procedure for development of a family service 413
coordination plan described in division (D) of this section;414

       (9) A local dispute resolution process to serve as the415
process that must be used first to resolve disputes among the416
agencies represented on the county council concerning the417
provision of services to children, including children who are418
abused, neglected, dependent, unruly, alleged unruly, or419
delinquent children and under the jurisdiction of the juvenile420
court and children whose parents or custodians are voluntarily421
seeking services. The local dispute resolution process shall422
comply with sectionsections 121.38, 121.381, and 121.382 of the 423
Revised Code. The local dispute resolution process shall be used 424
to resolve disputes between a child's parents or custodians and 425
the county council regarding service coordination. The county 426
council shall inform the parents or custodians of their right to 427
use the dispute resolution process. Parents or custodians shall 428
use existing local agency grievance procedures to address disputes 429
not involving service coordination. The dispute resolution process 430
is in addition to and does not replace other rights or procedures 431
that parents or custodians may have under other sections of the 432
Revised Code.433

       The cabinet council shall adopt rules in accordance with 434
Chapter 119. of the Revised Code establishing an administrative435
review process to address problems that arise concerning the 436
operation of a local dispute resolution process.437

        Nothing in division (C)(4) of this section shall be 438
interpreted as overriding or affecting decisions of a juvenile 439
court regarding an out-of-home placement, long-term placement, or 440
emergency out-of-home placement.441

       (D) Each county shall develop a comprehensive family service 442
coordination plan that does all of the following:443

       (1) Designates service responsibilities among the various444
state and local agencies that provide services to children and445
their families, including children who are abused, neglected,446
dependent, unruly, or delinquent children and under the447
jurisdiction of the juvenile court and children whose parents or448
custodians are voluntarily seeking services;449

       (2) Designates an individual, approved by the family, to 450
track the progress of the family service coordination plan, 451
schedule reviews as necessary, and facilitate the family service 452
coordination plan meeting process;453

        (3) Ensures that assistance and services to be provided are 454
responsive to the strengths and needs of the family, as well as 455
the family's culture, race, and ethnic group, by allowing the 456
family to offer information and suggestions and participate in 457
decisions. Identified assistance and services shall be provided in 458
the least restrictive environment possible.459

        (4) Includes a process for dealing with a child who is 460
alleged to be an unruly child. The process shall include methods 461
to divert the child from the juvenile court system;462

       (5) Includes timelines for completion of goals specified in 463
the plan with regular reviews scheduled to monitor progress toward 464
those goals;465

        (6) Includes a plan for dealing with short-term crisis 466
situations and safety concerns.467

       (E)(1) The process provided for under division (D)(4) of this 468
section may include, but is not limited to, the following:469

        (a) Designation of the person or agency to conduct the470
assessment of the child and the child's family as described in471
division (C)(7) of this section and designation of the instrument 472
or instruments to be used to conduct the assessment;473

       (b) An emphasis on the personal responsibilities of the child 474
and the parental responsibilities of the parents, guardian, or 475
custodian of the child;476

       (c) Involvement of local law enforcement agencies and477
officials.478

       (2) The method to divert a child from the juvenile court479
system that must be included in the service coordination process480
may include, but is not limited to, the following:481

       (a) The preparation of a complaint under section 2151.27 of482
the Revised Code alleging that the child is an unruly child and483
notifying the child and the parents, guardian, or custodian that484
the complaint has been prepared to encourage the child and the485
parents, guardian, or custodian to comply with other methods to486
divert the child from the juvenile court system;487

       (b) Conducting a meeting with the child, the parents,488
guardian, or custodian, and other interested parties to determine489
the appropriate methods to divert the child from the juvenile490
court system;491

        (c) A method to provide to the child and the child's family a 492
short-term respite from a short-term crisis situation involving a 493
confrontation between the child and the parents, guardian, or494
custodian;495

       (d) A program to provide a mentor to the child or the496
parents, guardian, or custodian;497

       (e) A program to provide parenting education to the parents,498
guardian, or custodian;499

       (f) An alternative school program for children who are truant 500
from school, repeatedly disruptive in school, or suspended or 501
expelled from school;502

       (g) Other appropriate measures, including, but not limited503
to, any alternative methods to divert a child from the juvenile504
court system that are identified by the Ohio family and children505
first cabinet council.506

       (F) Each county may review and revise the service507
coordination process described in division (D) of this section508
based on the availability of funds under Title IV-A of the "Social509
Security Act," 110 Stat. 2113 (1996), 42 U.S.C.A. 601, as amended,510
or to the extent resources are available from any other federal,511
state, or local funds.512

       Sec. 121.374.  There is hereby created the Ohio family and 513
children first cabinet council advisory board consisting of 514
thirteen members. The governor shall appoint one member from the 515
governor's office to serve on the advisory board. The speaker of 516
the house of representatives shall appoint two members of the 517
house of representatives, each from a different political party. 518
The president of the senate shall appoint two members of the 519
senate, each from a different political party. The governor, the 520
speaker of the house of representatives, and the president of the 521
senate shall each appoint one member of the general public who is 522
a primary caregiver who uses or has used a service provided by an 523
agency represented on a family and children first county council. 524
The speaker of the house of representatives and the president of 525
the senate shall each appoint one member representing a foundation 526
or nonprofit organization with expertise in issues related to 527
children, families, or education. The governor shall appoint one 528
member representing a faith-based organization, one member from a 529
county family and children first council in a rural county, and 530
one member from a county family and children first council in an 531
urban county.532

        Each member shall serve until a replacement member is 533
appointed. Vacancies shall be filled in the same manner as 534
original appointments. Members of the advisory board shall serve 535
without compensation.536

       The advisory board shall consult with the cabinet council 537
regarding the council's activities and initiatives, evaluating 538
existing efforts, and help guide the direction of new efforts. The 539
advisory board shall provide guidance regarding efforts to seek 540
local input about the council's activities, initiatives, and 541
achievements of the indicators adopted under section 121.37 of the 542
Revised Code.543

       Section 2. That existing section 121.37 of the Revised Code 544
is hereby repealed.545