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
Senators Bacon, Balderson, Beagle, Brown, Burke, Cafaro, Coley, Eklund, Faber, Gardner, Gentile, Hite, Hughes, Jones, Kearney, Lehner, Manning, Obhof, Oelslager, Peterson, Sawyer, Schaffer, Schiavoni, Skindell, Smith, Tavares, Turner, Widener
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 |
(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 |
(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 |
(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 |
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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |