As Passed by the House

130th General Assembly
Regular Session
2013-2014
H. B. No. 142


Representatives Schuring, Heard 

Cosponsors: Representatives Patmon, Grossman, Hackett, Brown, Burkley, Blair, Amstutz, Anielski, Antonio, Ashford, Baker, Beck, Bishoff, Blessing, Boose, Buchy, Budish, Celebrezze, Clyde, Dovilla, Driehaus, Duffey, Fedor, Foley, Gerberry, Hagan, C., Hagan, R., Hall, Hayes, Johnson, Letson, Lundy, Lynch, Mallory, Milkovich, Patterson, Pelanda, Phillips, Pillich, Rogers, Scherer, Sears, Slaby, Slesnick, Smith, Sprague, Stebelton, Stinziano, Strahorn, Terhar, Winburn Speaker Batchelder 



A BILL
To amend sections 3109.17, 3109.171, and 3109.18 of 1
the Revised Code to permit a child abuse and child 2
neglect prevention advisory board to submit a 3
local allocation plan to the Children's Trust Fund 4
Board on an annual, biannual, or multiple year 5
basis, to permit two or more child abuse and child 6
neglect prevention advisory boards to partner with 7
each other to develop a comprehensive local 8
allocation plan and to submit that plan on an 9
annual, biannual, or multiple year basis, and to 10
permit the Children's Trust Fund Board to send 11
funds allocated to a county family and children 12
first council to the county or district children's 13
trust fund in the county treasury or directly to 14
the administrative agent of the county family and 15
children first council.16


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

       Section 1. That sections 3109.17, 3109.171, and 3109.18 of 17
the Revised Code be amended to read as follows:18

       Sec. 3109.17.  (A) For each fiscal biennium, the children's 19
trust fund board shall establish a biennial state plan for 20
comprehensive child abuse and child neglect prevention. The plan 21
shall be transmitted to the governor, the president and minority 22
leader of the senate, and the speaker and minority leader of the 23
house of representatives and shall be made available to the 24
general public. The board may define in the state plan the term 25
"effective public notice." If the board does not define that term 26
in the state plan, the board shall include in the state plan the 27
definition of "effective public notice" specified in rules adopted 28
by the department of job and family services.29

       (B) In developing and carrying out the state plan, the 30
children's trust fund board shall, in accordance with rules 31
adopted by the department pursuant to Chapter 119. of the Revised 32
Code, do all of the following:33

       (1) Ensure that an opportunity exists for assistance through 34
child abuse and child neglect prevention programs to persons 35
throughout the state of various social and economic backgrounds;36

       (2) Before the thirtieth day of October of each year, notify 37
each child abuse and child neglect prevention advisory board of 38
the amount estimated to be allocated to that advisory board for 39
the following fiscal year;40

       (3) Develop criteria for county or district local allocation 41
plans, including criteria for determining the plans' 42
effectiveness;43

       (4) Review, and approve or disapprove, county or district 44
local allocation plans, as described in section 3109.171 of the 45
Revised Code;46

       (5) Allocate funds to each child abuse and child neglect 47
prevention advisory board for the purpose of funding child abuse 48
and child neglect prevention programs. In allocating funds to a 49
county family and children first council that has been designated 50
to serve as the child abuse and child neglect prevention advisory 51
board under division (A)(1) of section 3109.18 of the Revised 52
Code, the children's trust fund board may send those funds to the 53
county or district children's trust fund in the county treasury or 54
directly to the administrative agent of the county family and 55
children first council designated pursuant to division (B)(5)(a) 56
of section 121.37 of the Revised Code. Funds shall be allocated 57
among advisory boards according to a formula based on the ratio of 58
the number of children under age eighteen in the county or 59
multicounty district to the number of children under age eighteen 60
in the state, as shown in the most recent federal decennial census 61
of population. Subject to the availability of funds and except as 62
provided in section 3109.171 of the Revised Code, each advisory 63
board shall receive a minimum of ten thousand dollars per fiscal 64
year. In the case of an advisory board that serves a multicounty 65
district, the advisory board shall receive, subject to available 66
funds and except as provided in section 3109.171 of the Revised 67
Code, a minimum of ten thousand dollars per fiscal year for each 68
county in the district. Funds shall be disbursed to the advisory 69
boards twice annually. At least fifty per cent of the funds 70
allocated to an advisory board for a fiscal year shall be 71
disbursed to the advisory board not later than the thirtieth day 72
of September. The remainder of the funds allocated to the advisory 73
board for that fiscal year shall be disbursed before the 74
thirty-first day of March.75

       The board shall specify the criteria child abuse and child 76
neglect prevention advisory boards are to use in reviewing 77
applications under division (F)(3)(G)(2) of section 3109.18 of the 78
Revised Code.79

       (6) Allocate funds to entities other than child abuse and 80
child neglect prevention advisory boards for the purpose of 81
funding child abuse and child neglect prevention programs that 82
have statewide significance and that have been approved by the 83
children's trust fund board;84

       (7) Provide for the monitoring of expenditures from the 85
children's trust fund and of programs that receive money from the 86
children's trust fund;87

       (8) Establish reporting requirements for advisory boards;88

       (9) Collaborate with appropriate persons and government 89
entities and facilitate the exchange of information among those 90
persons and entities for the purpose of child abuse and child 91
neglect prevention;92

       (10) Provide for the education of the public and 93
professionals for the purpose of child abuse and child neglect 94
prevention;95

       (11) Create and provide to each advisory board a children's 96
trust fund grant application form;97

       (12) Specify the information to be included in a semiannual 98
and an annual report completed by a children's advocacy center for 99
which a child abuse and child neglect prevention advisory board 100
uses funds allocated to the advisory board under section 3109.172 101
of the Revised Code, and each other person or entity that is a 102
recipient of a children's trust fund grant under division 103
(K)(L)(1) of section 3109.18 of the Revised Code.104

       (C) The children's trust fund board shall prepare a report 105
for each fiscal biennium that delineates the expenditure of money 106
from the children's trust fund. On or before January 1, 2002, and 107
on or before the first day of January of a year that follows the 108
end of a fiscal biennium of this state, the board shall file a 109
copy of the report with the governor, the president and minority 110
leader of the senate, and the speaker and minority leader of the 111
house of representatives.112

       (D) The children's trust fund board shall develop a list of 113
all state and federal sources of funding that might be available 114
for establishing, operating, or establishing and operating a 115
children's advocacy center under sections 2151.425 to 2151.428 of 116
the Revised Code. The board periodically shall update the list as 117
necessary. The board shall maintain, or provide for the 118
maintenance of, the list at an appropriate location. That location 119
may be the offices of the department of job and family services. 120
The board shall provide the list upon request to any children's 121
advocacy center or to any person or entity identified in section 122
2151.426 of the Revised Code as a person or entity that may 123
participate in the establishment of a children's advocacy center.124

       Sec. 3109.171.  (A) On receipt of a local allocation plan or 125
a comprehensive local allocation plan from a child abuse and child 126
neglect prevention advisory board or a group of child abuse and 127
child neglect prevention advisory boards submitted pursuant to 128
division (F)(1) of section 3109.18 of the Revised Code, the 129
children's trust fund board may do either of the following:130

       (1) Approve the plan;131

       (2) Require that the advisory board or advisory boards make 132
changes to the plan and submit an amended plan to the board.133

       (B) If an advisory board or a group of advisory boards fails 134
to submit to the children's trust fund board a local allocation 135
plan or a comprehensive local allocation plan pursuant to division 136
(F)(1) of section 3109.18 of the Revised Code that is postmarked 137
on or before the first day of AprilMarch preceding the fiscal 138
year or years for which the plan is developed, if an advisory 139
board or a group of advisory boards fails to submit an amended 140
plan pursuant to division (A)(2) of this section, or if a plan or 141
an amended plan submitted by an advisory board or a group of 142
advisory boards is not approved by the children's trust fund 143
board, the children's trust fund board may do either of the 144
following for the fiscal year or years for which the plan was to 145
have been developed:146

       (1) Deny funding to the advisory board or group of advisory 147
boards;148

       (2) Allocate a reduced amount of funds to the advisory board 149
or group of advisory boards, on a pro-rata daily basis.150

       (C) If an advisory board fails to submit to the children's 151
trust fund board an annual report pursuant to division (K)(L)(2) 152
of section 3109.18 of the Revised Code not later than the 153
fifteenth day of August following the year for which the report is 154
written, the board, for the following fiscal year, may allocate a 155
reduced amount of funds to the advisory board on a pro-rata daily 156
basis.157

       Sec. 3109.18.  (A)(1) A board of county commissioners may 158
establish a child abuse and child neglect prevention advisory 159
board or may designate the county family and children first 160
council to serve as the child abuse and child neglect prevention 161
advisory board. The boards of county commissioners of two or more 162
contiguous counties may instead form a multicounty district to be 163
served by a child abuse and child neglect prevention advisory 164
board or may designate a regional family and children first 165
council to serve as the district child abuse and child neglect 166
prevention advisory board. Each advisory board shall meet at least 167
twice a year.168

       (2) The county auditor is hereby designated as the auditor 169
and fiscal officer of the advisory board. In the case of a 170
multicounty district, the boards of county commissioners that 171
formed the district shall designate the auditor of one of the 172
counties as the auditor and fiscal officer of the advisory board.173

       (B) Each county that establishes an advisory board or, in a 174
multicounty district, the auditor who has been designated as the 175
auditor and fiscal officer of the advisory board, shall establish 176
a fund in the county treasury known as the county or district 177
children's trust fund. The auditor shall deposit all funds 178
received from the children's trust fund board into that fund, and 179
the auditor shall distribute money from the fund at the request of 180
the advisory board.181

       (C) Each January, the board of county commissioners of a 182
county that has established an advisory board or, in a multicounty 183
district, the board of county commissioners of the county served 184
by the auditor who has been designated as the auditor and fiscal 185
officer for the advisory board, shall appropriate the amount 186
described in division (B)(2) of section 3109.17 of the Revised 187
Code for distribution by the advisory board to child abuse and 188
child neglect prevention programs.189

       (D)(1) Except in the case of a county or regional family and 190
children first council that is designated to serve as a child 191
abuse and child neglect prevention advisory board, each advisory 192
board shall consist of an odd number of members from both the 193
public and private sectors, including all of the following:194

       (a) A representative of an agency responsible for the 195
administration of children's services in the county or district;196

       (b) A provider of alcohol or drug addiction services or a 197
representative of a board of alcohol, drug addiction, and mental 198
health services that serves the county or district;199

       (c) A provider of mental health services or a representative 200
of a board of alcohol, drug addiction, and mental health services 201
that serves the county or district;202

       (d) A representative of a county board of developmental 203
disabilities that serves the county or district;204

       (e) A representative of the educational community appointed 205
by the superintendent of the school district with largest 206
enrollment in the county or multicounty district.207

       (2) The following groups and entities may be represented on 208
the advisory board:209

       (a) Parent groups;210

       (b) Juvenile justice officials;211

       (c) Pediatricians, health department nurses, and other 212
representatives of the medical community;213

       (d) School personnel;214

       (e) Counselors and social workers;215

       (f) Head start agencies;216

       (g) Child care providers;217

       (h) Other persons with demonstrated knowledge in programs for 218
children.219

       (3) Of the members first appointed, at least one shall serve 220
for a term of three years, at least one for a term of two years, 221
and at least one for a term of one year. Thereafter, each member 222
shall serve a term of three years. Each member shall serve until 223
the member's successor is appointed. All vacancies on the board 224
shall be filled for the balance of the unexpired term in the same 225
manner as the original appointment.226

       (E) Each child abuse and child neglect prevention advisory 227
board may incur reasonable costs not to exceed five per cent of 228
the funds allocated to the county or district under section 229
3109.17 of the Revised Code, for the purpose of carrying out the 230
functions of the advisory board.231

       (F)(1) Except as provided in division (F)(2) of this section, 232
each child abuse and child neglect prevention advisory board shall 233
develop a local allocation plan for the purpose of preventing 234
child abuse and child neglect and submit the plan on an annual, 235
biannual, or multiple year basis as determined by the children's 236
trust fund board. The board shall submit the local allocation plan 237
to the children's trust fund board on or before the first day of 238
March preceding the fiscal years for which the plan is developed. 239

       (2) Two or more child abuse and child neglect prevention 240
advisory boards may, with the approval of the children's trust 241
fund board, partner with each other to develop a comprehensive 242
local allocation plan for the purpose of preventing child abuse 243
and child neglect. The advisory boards shall submit the 244
comprehensive local allocation plan on an annual, biannual, or 245
multiple year basis as determined by the children's trust fund 246
board and shall submit the comprehensive local allocation plan to 247
the children's trust fund board on or before the first day of 248
March preceding the fiscal year or years for which the plan is 249
developed.250

        (G) Each child abuse and child neglect prevention advisory 251
board shall do all of the following:252

       (1) For each fiscal biennium, develop a local allocation plan 253
for the purpose of preventing child abuse and child neglect and 254
submit the plan to the children's trust fund board on or before 255
the first day of April preceding the fiscal year for which the 256
plan is developed;257

       (2) Provide effective public notice, as defined by the 258
children's trust fund board in the state plan or, if the board 259
does not define the term in the state plan, as defined in rules 260
adopted by the department of job and family services, to potential 261
applicants about the availability of funds from the children's 262
trust fund, including an estimate of the amount of money available 263
for grants within each county or district, the date of at least 264
one public hearing, information on obtaining a copy of the grant 265
application form, and the deadline for submitting grant 266
applications;267

       (3)(2) Review all applications received using criteria 268
specified in the state plan adopted by the board under section 269
3109.17 of the Revised Code;270

       (4)(3) Consistent with the local allocation plan or 271
comprehensive local allocation plan developed pursuant to division 272
(F)(1) of this section, make grants to child abuse and child 273
neglect prevention programs.;274

       (5)(4) Establish any reporting requirements for grant 275
recipients, in addition to those specified by the children's trust 276
fund board, and for children's advocacy centers for which funds 277
are used in accordance with section 3109.172 of the Revised Code.278

       (G)(H) A member of a child abuse and child neglect prevention 279
advisory board shall not participate in the development of a local 280
allocation plan or a comprehensive local allocation plan under 281
division (F)(1) of this section if it is reasonable to expect that 282
the member's judgment could be affected by the member's own 283
financial, business, property, or personal interest or other 284
conflict of interest. For purposes of this division, "conflict of 285
interest" means the taking of any action that violates any 286
applicable provision of Chapter 102. or 2921. of the Revised Code. 287
Questions relating to the existence of a conflict of interest 288
pertaining to Chapter 2921. of the Revised Code shall be submitted 289
by the advisory board to the local prosecuting attorney for 290
resolution. Questions relating to the existence of a conflict of 291
interest pertaining to Chapter 102. of the Revised Code shall be 292
submitted by the advisory board to the Ohio ethics commission for 293
resolution.294

       (H)(I) Each advisory board shall assist the children's trust 295
fund board in monitoring programs that receive money from the 296
children's trust fund and shall perform such other duties for the 297
local administration of the children's trust fund as the 298
children's trust fund board requires.299

       (I)(J) A children's advocacy center for which a child abuse 300
and child neglect prevention advisory board uses any amount out of 301
the funds allocated to the advisory board under section 3109.172 302
of the Revised Code, as start-up costs for the establishment and 303
operation of the center, shall use the moneys so received only for 304
establishment and operation of the center in accordance with 305
sections 2151.425 to 2151.428 of the Revised Code. Any other 306
person or entity that is a recipient of a grant from the 307
children's trust fund shall use the grant funds only to fund 308
primary and secondary child abuse and child neglect prevention 309
programs. Any grant funds that are not spent by the recipient of 310
the funds within the time specified by the terms of the grant 311
shall be returned to the county treasurer. Any grant funds 312
returned that are not redistributed by the advisory board within 313
the state fiscal year in which they are received shall be returned 314
to the treasurer of state. The treasurer of state shall deposit 315
such unspent moneys into the children's trust fund to be spent for 316
purposes consistent with the state plan adopted under section 317
3109.17 of the Revised Code.318

       (J)(K) Applications for grants from the children's trust fund 319
shall be made to the advisory board on forms prescribed by the 320
children's trust fund board.321

       (K)(L)(1) Each children's advocacy center for which a child 322
abuse and child neglect prevention advisory board uses any amount 323
out of the funds allocated to the advisory board under section 324
3109.172 of the Revised Code, as start-up costs for the 325
establishment and operation of the center, and each other person 326
or entity that is a recipient of a children's trust fund grant 327
from an advisory board shall file with the advisory board a copy 328
of a semi-annual and an annual report that includes the 329
information required by the children's trust fund board.330

       (2) Each advisory board shall file with the children's trust 331
fund board, not later than the fifteenth day of August following 332
the year for which the report is written, a copy of an annual 333
report regarding the county or district local allocation plan that 334
contains the information required by the children's trust fund 335
board, and regarding the advisory board's use of any amount out of 336
the funds allocated to the advisory board under section 3109.172 337
of the Revised Code as start-up costs for the establishment and 338
operation of a children's advocacy center.339

       Section 2. That existing sections 3109.17, 3109.171, and 340
3109.18 of the Revised Code are hereby repealed.341