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H. B. No. 142 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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Representatives Schuring, Heard
A BILL
To amend sections 3109.17, 3109.171, and 3109.18 of
the Revised Code to permit a child abuse and child
neglect prevention advisory board to submit a
local allocation plan to the Children's Trust Fund
Board on an annual, biannual, or multiple year
basis, to permit two or more child abuse and child
neglect prevention advisory boards to partner with
each other to develop a comprehensive local
allocation plan and to submit that plan on an
annual, biannual, or multiple year basis, and to
permit the Children's Trust Fund Board to send
funds allocated to a county family and children
first council to the county or district children's
trust fund in the county treasury or directly to
the administrative agent of the county family and
children first council.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3109.17, 3109.171, and 3109.18 of
the Revised Code be amended to read as follows:
Sec. 3109.17. (A) For each fiscal biennium, the children's
trust fund board shall establish a biennial state plan for
comprehensive child abuse and child neglect prevention. The plan
shall be transmitted to the governor, the president and minority
leader of the senate, and the speaker and minority leader of the
house of representatives and shall be made available to the
general public. The board may define in the state plan the term
"effective public notice." If the board does not define that term
in the state plan, the board shall include in the state plan the
definition of "effective public notice" specified in rules adopted
by the department of job and family services.
(B) In developing and carrying out the state plan, the
children's trust fund board shall, in accordance with rules
adopted by the department pursuant to Chapter 119. of the Revised
Code, do all of the following:
(1) Ensure that an opportunity exists for assistance through
child abuse and child neglect prevention programs to persons
throughout the state of various social and economic backgrounds;
(2) Before the thirtieth day of October of each year, notify
each child abuse and child neglect prevention advisory board of
the amount estimated to be allocated to that advisory board for
the following fiscal year;
(3) Develop criteria for county or district local allocation
plans, including criteria for determining the plans'
effectiveness;
(4) Review, and approve or disapprove, county or district
local allocation plans, as described in section 3109.171 of the
Revised Code;
(5) Allocate funds to each child abuse and child neglect
prevention advisory board for the purpose of funding child abuse
and child neglect prevention programs. In allocating funds to a
county family and children first council that has been designated
to serve as the child abuse and child neglect prevention advisory
board under division (A)(1) of section 3109.18 of the Revised
Code, the children's trust fund board may send those funds to the
county or district children's trust fund in the county treasury or
directly to the administrative agent of the county family and
children first council designated pursuant to division (B)(5)(a)
of section 121.37 of the Revised Code. Funds shall be allocated
among advisory boards according to a formula based on the ratio of
the number of children under age eighteen in the county or
multicounty district to the number of children under age eighteen
in the state, as shown in the most recent federal decennial census
of population. Subject to the availability of funds and except as
provided in section 3109.171 of the Revised Code, each advisory
board shall receive a minimum of ten thousand dollars per fiscal
year. In the case of an advisory board that serves a multicounty
district, the advisory board shall receive, subject to available
funds and except as provided in section 3109.171 of the Revised
Code, a minimum of ten thousand dollars per fiscal year for each
county in the district. Funds shall be disbursed to the advisory
boards twice annually. At least fifty per cent of the funds
allocated to an advisory board for a fiscal year shall be
disbursed to the advisory board not later than the thirtieth day
of September. The remainder of the funds allocated to the advisory
board for that fiscal year shall be disbursed before the
thirty-first day of March.
The board shall specify the criteria child abuse and child
neglect prevention advisory boards are to use in reviewing
applications under division (F)(3)(G)(2) of section 3109.18 of the
Revised Code.
(6) Allocate funds to entities other than child abuse and
child neglect prevention advisory boards for the purpose of
funding child abuse and child neglect prevention programs that
have statewide significance and that have been approved by the
children's trust fund board;
(7) Provide for the monitoring of expenditures from the
children's trust fund and of programs that receive money from the
children's trust fund;
(8) Establish reporting requirements for advisory boards;
(9) Collaborate with appropriate persons and government
entities and facilitate the exchange of information among those
persons and entities for the purpose of child abuse and child
neglect prevention;
(10) Provide for the education of the public and
professionals for the purpose of child abuse and child neglect
prevention;
(11) Create and provide to each advisory board a children's
trust fund grant application form;
(12) Specify the information to be included in a semiannual
and an annual report completed by a children's advocacy center for
which a child abuse and child neglect prevention advisory board
uses funds allocated to the advisory board under section 3109.172
of the Revised Code, and each other person or entity that is a
recipient of a children's trust fund grant under division
(K)(L)(1) of section 3109.18 of the Revised Code.
(C) The children's trust fund board shall prepare a report
for each fiscal biennium that delineates the expenditure of money
from the children's trust fund. On or before January 1, 2002, and
on or before the first day of January of a year that follows the
end of a fiscal biennium of this state, the board shall file a
copy of the report with the governor, the president and minority
leader of the senate, and the speaker and minority leader of the
house of representatives.
(D) The children's trust fund board shall develop a list of
all state and federal sources of funding that might be available
for establishing, operating, or establishing and operating a
children's advocacy center under sections 2151.425 to 2151.428 of
the Revised Code. The board periodically shall update the list as
necessary. The board shall maintain, or provide for the
maintenance of, the list at an appropriate location. That location
may be the offices of the department of job and family services.
The board shall provide the list upon request to any children's
advocacy center or to any person or entity identified in section
2151.426 of the Revised Code as a person or entity that may
participate in the establishment of a children's advocacy center.
Sec. 3109.171. (A) On receipt of a local allocation plan or
a comprehensive local allocation plan from a child abuse and child
neglect prevention advisory board or a group of child abuse and
child neglect prevention advisory boards submitted pursuant to
division (F)(1) of section 3109.18 of the Revised Code, the
children's trust fund board may do either of the following:
(2) Require that the advisory board or advisory boards make
changes to the plan and submit an amended plan to the board.
(B) If an advisory board or a group of advisory boards fails
to submit to the children's trust fund board a local allocation
plan or a comprehensive local allocation plan pursuant to division
(F)(1) of section 3109.18 of the Revised Code that is postmarked
on or before the first day of April March preceding the fiscal
year or years for which the plan is developed, if an advisory
board or a group of advisory boards fails to submit an amended
plan pursuant to division (A)(2) of this section, or if a plan or
an amended plan submitted by an advisory board or a group of
advisory boards is not approved by the children's trust fund
board, the children's trust fund board may do either of the
following for the fiscal year or years for which the plan was to
have been developed:
(1) Deny funding to the advisory board or group of advisory
boards;
(2) Allocate a reduced amount of funds to the advisory board
or group of advisory boards, on a pro-rata daily basis.
(C) If an advisory board fails to submit to the children's
trust fund board an annual report pursuant to division (K)(L)(2)
of section 3109.18 of the Revised Code not later than the
fifteenth day of August following the year for which the report is
written, the board, for the following fiscal year, may allocate a
reduced amount of funds to the advisory board on a pro-rata daily
basis.
Sec. 3109.18. (A)(1) A board of county commissioners may
establish a child abuse and child neglect prevention advisory
board or may designate the county family and children first
council to serve as the child abuse and child neglect prevention
advisory board. The boards of county commissioners of two or more
contiguous counties may instead form a multicounty district to be
served by a child abuse and child neglect prevention advisory
board or may designate a regional family and children first
council to serve as the district child abuse and child neglect
prevention advisory board. Each advisory board shall meet at least
twice a year.
(2) The county auditor is hereby designated as the auditor
and fiscal officer of the advisory board. In the case of a
multicounty district, the boards of county commissioners that
formed the district shall designate the auditor of one of the
counties as the auditor and fiscal officer of the advisory board.
(B) Each county that establishes an advisory board or, in a
multicounty district, the auditor who has been designated as the
auditor and fiscal officer of the advisory board, shall establish
a fund in the county treasury known as the county or district
children's trust fund. The auditor shall deposit all funds
received from the children's trust fund board into that fund, and
the auditor shall distribute money from the fund at the request of
the advisory board.
(C) Each January, the board of county commissioners of a
county that has established an advisory board or, in a multicounty
district, the board of county commissioners of the county served
by the auditor who has been designated as the auditor and fiscal
officer for the advisory board, shall appropriate the amount
described in division (B)(2) of section 3109.17 of the Revised
Code for distribution by the advisory board to child abuse and
child neglect prevention programs.
(D)(1) Except in the case of a county or regional family and
children first council that is designated to serve as a child
abuse and child neglect prevention advisory board, each advisory
board shall consist of an odd number of members from both the
public and private sectors, including all of the following:
(a) A representative of an agency responsible for the
administration of children's services in the county or district;
(b) A provider of alcohol or drug addiction services or a
representative of a board of alcohol, drug addiction, and mental
health services that serves the county or district;
(c) A provider of mental health services or a representative
of a board of alcohol, drug addiction, and mental health services
that serves the county or district;
(d) A representative of a county board of developmental
disabilities that serves the county or district;
(e) A representative of the educational community appointed
by the superintendent of the school district with largest
enrollment in the county or multicounty district.
(2) The following groups and entities may be represented on
the advisory board:
(b) Juvenile justice officials;
(c) Pediatricians, health department nurses, and other
representatives of the medical community;
(e) Counselors and social workers;
(g) Child care providers;
(h) Other persons with demonstrated knowledge in programs for
children.
(3) Of the members first appointed, at least one shall serve
for a term of three years, at least one for a term of two years,
and at least one for a term of one year. Thereafter, each member
shall serve a term of three years. Each member shall serve until
the member's successor is appointed. All vacancies on the board
shall be filled for the balance of the unexpired term in the same
manner as the original appointment.
(E) Each child abuse and child neglect prevention advisory
board may incur reasonable costs not to exceed five per cent of
the funds allocated to the county or district under section
3109.17 of the Revised Code, for the purpose of carrying out the
functions of the advisory board.
(F)(1) Except as provided in division (F)(2) of this section,
each child abuse and child neglect prevention advisory board shall
develop a local allocation plan for the purpose of preventing
child abuse and child neglect and submit the plan on an annual,
biannual, or multiple year basis as determined by the children's
trust fund board. The board shall submit the local allocation plan
to the children's trust fund board on or before the first day of
March preceding the fiscal years for which the plan is developed.
(2) Two or more child abuse and child neglect prevention
advisory boards may, with the approval of the children's trust
fund board, partner with each other to develop a comprehensive
local allocation plan for the purpose of preventing child abuse
and child neglect. The advisory boards shall submit the
comprehensive local allocation plan on an annual, biannual, or
multiple year basis as determined by the children's trust fund
board and shall submit the comprehensive local allocation plan to
the children's trust fund board on or before the first day of
March preceding the fiscal year or years for which the plan is
developed.
(G) Each child abuse and child neglect prevention advisory
board shall do all of the following:
(1) For each fiscal biennium, develop a local allocation plan
for the purpose of preventing child abuse and child neglect and
submit the plan to the children's trust fund board on or before
the first day of April preceding the fiscal year for which the
plan is developed;
(2) Provide effective public notice, as defined by the
children's trust fund board in the state plan or, if the board
does not define the term in the state plan, as defined in rules
adopted by the department of job and family services, to potential
applicants about the availability of funds from the children's
trust fund, including an estimate of the amount of money available
for grants within each county or district, the date of at least
one public hearing, information on obtaining a copy of the grant
application form, and the deadline for submitting grant
applications;
(3)(2) Review all applications received using criteria
specified in the state plan adopted by the board under section
3109.17 of the Revised Code;
(4)(3) Consistent with the local allocation plan or
comprehensive local allocation plan developed pursuant to division
(F)(1) of this section, make grants to child abuse and child
neglect prevention programs.;
(5)(4) Establish any reporting requirements for grant
recipients, in addition to those specified by the children's trust
fund board, and for children's advocacy centers for which funds
are used in accordance with section 3109.172 of the Revised Code.
(G)(H) A member of a child abuse and child neglect prevention
advisory board shall not participate in the development of a local
allocation plan or a comprehensive local allocation plan under
division (F)(1) of this section if it is reasonable to expect that
the member's judgment could be affected by the member's own
financial, business, property, or personal interest or other
conflict of interest. For purposes of this division, "conflict of
interest" means the taking of any action that violates any
applicable provision of Chapter 102. or 2921. of the Revised Code.
Questions relating to the existence of a conflict of interest
pertaining to Chapter 2921. of the Revised Code shall be submitted
by the advisory board to the local prosecuting attorney for
resolution. Questions relating to the existence of a conflict of
interest pertaining to Chapter 102. of the Revised Code shall be
submitted by the advisory board to the Ohio ethics commission for
resolution.
(H)(I) Each advisory board shall assist the children's trust
fund board in monitoring programs that receive money from the
children's trust fund and shall perform such other duties for the
local administration of the children's trust fund as the
children's trust fund board requires.
(I)(J) A children's advocacy center for which a child abuse
and child neglect prevention advisory board uses any amount out of
the funds allocated to the advisory board under section 3109.172
of the Revised Code, as start-up costs for the establishment and
operation of the center, shall use the moneys so received only for
establishment and operation of the center in accordance with
sections 2151.425 to 2151.428 of the Revised Code. Any other
person or entity that is a recipient of a grant from the
children's trust fund shall use the grant funds only to fund
primary and secondary child abuse and child neglect prevention
programs. Any grant funds that are not spent by the recipient of
the funds within the time specified by the terms of the grant
shall be returned to the county treasurer. Any grant funds
returned that are not redistributed by the advisory board within
the state fiscal year in which they are received shall be returned
to the treasurer of state. The treasurer of state shall deposit
such unspent moneys into the children's trust fund to be spent for
purposes consistent with the state plan adopted under section
3109.17 of the Revised Code.
(J)(K) Applications for grants from the children's trust fund
shall be made to the advisory board on forms prescribed by the
children's trust fund board.
(K)(L)(1) Each children's advocacy center for which a child
abuse and child neglect prevention advisory board uses any amount
out of the funds allocated to the advisory board under section
3109.172 of the Revised Code, as start-up costs for the
establishment and operation of the center, and each other person
or entity that is a recipient of a children's trust fund grant
from an advisory board shall file with the advisory board a copy
of a semi-annual and an annual report that includes the
information required by the children's trust fund board.
(2) Each advisory board shall file with the children's trust
fund board, not later than the fifteenth day of August following
the year for which the report is written, a copy of an annual
report regarding the county or district local allocation plan that
contains the information required by the children's trust fund
board, and regarding the advisory board's use of any amount out of
the funds allocated to the advisory board under section 3109.172
of the Revised Code as start-up costs for the establishment and
operation of a children's advocacy center.
Section 2. That existing sections 3109.17, 3109.171, and
3109.18 of the Revised Code are hereby repealed.
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