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Sec. 121.37. (A) (1) There is hereby created the Ohio family and children first cabinet council. The council shall be composed of the superintendent of public instruction and the directors of youth services, human services, mental health, health, alcohol and drug addiction services, mental retardation and developmental disabilities, and budget and management, The chairperson of the council shall be the governor or the governor's designee and shall establish procedures for the council's internal control and management.
(2) The purpose of the cabinet council is to help families seeking government services. This section shall not be interpreted or applied to usurp the role of parents, but solely to streamline and coordinate existing government services for families seeking assistance for their children.
In seeking to fulfil its purpose, the council may do any of the following:
(a) Advise and make recommendations to the governor and general assembly regarding the provision of services to children;
(b) Advise and assess local governments on the coordination of service delivery to children;
(c) Hold meetings at such times and places as may be prescribed by the council's procedures and maintain records of the meetings, except that records indentifying IDENTIFYING individual children are confidential and shall only be disclosed ONLY as provided by law;
(d) Develop programs and projects, including pilot projects, to encourage coordinated efforts at the state and local level to improve the state's social service delivery system;
(e) Enter into contracts with and administer rants to county family and children first council and local intersystem services for children clusters, as well as other county or multicounty organizations to plan and coordinate service delivery between state agencies and local service providers for families and children;
(f) Enter into contracts with and apply for grants from federal agencies or private organizations;
(g) Enter into interagency agreements to encourage coordinated efforts at the state and local level to improve the state's social service delivery system. The agreements may include provisions regarding the receipt, transfer, and expenditure of funds.
(3) The cabinet council shall do all of PROVIDE FOR the following:
(a) Review REVIEWS OF service and treatment plans for children for which such reviews are requested;
(b) Provide such assistance ASSISTANCE as the council determines to be necessary to meet the needs of children referred by county family and children first councils and local intersystem services for children clusters;
(c) Monitor MONITORING and supervise SUPERVISION OF a statewide, comprehensive, coordinated, multi-disciplinary, interagency system for infants and toddlers with developmental disabilities or delays and their families, as established pursuant to federal grants received and administered by the department of health for early intervention services under the "Education of Handicapped Act Amendments of 1986," 100 Stat. 1145 (1986), 20 U.S.C.A. 1471, as amended;
(d) Adopt rules in accordance with Chapter 119 of the Revised Code establishing an administrative review process to address problems that arise concerning the operation of a dispute resolution process developed under a service coordination plan established pursuant to division (B) of this section.
(C) (B) (1) A EACH county may SHALL establish a county family and children first council. A COUNTY MAY INVITE ANY LOCAL PUBLIC OR PRIVATE AGENCY OR GROUP THAT FUNDS, ADVOCATES, OR PROVIDES SERVICES TO CHILDREN AND FAMILIES TO HAVE A REPRESENTATIVE BECOME A PERMANENT OR TEMPORARY MEMBER OF ITS COUNTY COUNCIL. EACH county council shall be composed of MUST INCLUDE the following individuals:
(a) AT LEAST THREE INDIVIDUALS WHOSE FAMILIES ARE OR HAVE RECEIVED SERVICES FROM AN AGENCY REPRESENTED ON THE COUNCIL OR ANOTHER COUNTY'S COUNCIL. WHERE POSSIBLE, THE NUMBER OF MEMBERS REPRESENTING FAMILIES SHALL BE EQUAL TO TWENTY PER CENT OF THE COUNCIL'S MEMBERSHIP.
(b) The director of the board of alcohol, drug addiction, and mental health services that serves the county, or, in the case of a county that has a board of alcohol and drug addiction services and a community mental health board, the directors of both boards;
(b) IF A BOARD OF ALCOHOL, DRUG ADDICTION, AND MENTAL HEALTH SERVICES COVERS MORE THAN ONE COUNTY, THE DIRECTOR MAY DESIGNATE A PERSON TO PARTICIPATE ON THE COUNTY'S COUNCIL.
(c) The health commissioner, OR THE COMMISSIONER'S DESIGNEE, of the board of health of each city or AND general health district in the county, or their designees;
(c) IF THE COUNTY HAS TWO OR MORE HEALTH DISTRICTS, THE HEALTH COMMISSIONER MEMBERSHIP MAY BE LIMITED TO THE COMMISSIONERS OF THE TWO DISTRICTS WITH THE LATGEST POPULATIONS.
(d) The director of the county department of human services;
(d) (e) The executive director of the county agency responsible for the administration of children services pursuant to section 5153.15 of the Revised Code;
(e) (f) The superintendent of the county board of mental retardation and developmental disabilities;
(f) (g) The county's juvenile court judge senior in service OR ANOTHER JUDGE OF THE JUVENILE COURT DESIGNATED BY THE ADMINISTRATIVE JUDGE OR, WHERE THERE IS NO ADMINISTRATIVE JUDGE, BY TE JUDGE SENIOR IN SERVICE;
(g) (h) The superintendent of the city, exempted village, or local school district with the largest number of pupils residing in the county, as determined by the department of education, which shall notify each county of its determination at least biennially;
(h) (i) A school superintendent representing all other school districts with territory in the county, as designated at a biennial meeting of he superintendents of those districts;
(i) (j) A representative of the largest city MUNICIPAL CORPORATION WITH THE LARGEST POPULATION in the county;
(j) (k) The chair of the board of county commissioners, or an individual designated by the board;
(k) (l) A representative of the regional office of the department of youth services;
(l) (m) A representative of the county's head start agencies, as defined in section 3301.31 of the Revised Code;
(m) (n) A representative of the county's early intervention collaborative established pursuant to the federal early intervention program operated under the "Education of the Handicapped Act Amendments of 1986".
(n) At least three individuals representing the interests of families in the county. Where possible, the number of members representing families shall be equal to twenty per cent of the council's remaining membership.
A county family and children first council may invite any other local public or private agency or group that funds, advocates, or provides services to children to have a representative become a permanent or temporary member of the council.
(o) A representative of a local nonprofit entity that funds, advocates, or provides services to children and families.
Notwithstanding any other provisions of law, the public members of a county council are not prohibited from serving on the council and making decisions regarding the duties OF THE COUNCIL, INCLUDING THOSE INVOLVING THE FUNDING OF JOINT PROJECTS AND THOSE outlined in the county's service coordination plan approved under MECHANISM IMPLEMENTED PURSUANT TO DIVISION (C) OF this section.
THE CABINET COUNCIL SHALL ESTABLISH A STATE APPEALS PROCESS TO RESOLVE DISPUTES AMONG THE MEMBERS OF A COUNTY COUNCIL CONCERNING WHETHER REASONABLE RESPONSIBLITIES AS MEMBERS ARE BEING SHARED. THE APPEALS PROCESS MAY BE ACCESSED ONLY BY A MAJORITY VOTE OF THE COUNCIL MEMBERS WHO ARE REQUIRED TO SERVE ON THE COUNCIL. UPON APPEAL, THE CABINET COUNCIL MAY ORDER THAT STATE FUNDS FOR SERVICES TO CHILDREN AND FAMILIES BE REDIRECTED TO A COUNTY'S BOARD OF COUNTY COMMISSIONERS.
(2) A county council shall do all of PROVIDE FOR the following:
(a) Refer REFERRALS to the cabinet council OF those children for whom the COUNTY council cannot provide adequate services;
(b) Make periodic reports to the cabinet council regarding the number of children referred to the county council and the progress made in meeting the needs of each child.
(c) Develop a plan that reviews and adjusts existing programs DEVELOPMENT AND IMPLEMENTATION OF A PROCERSS THAT ANNUALLY EVALUATES AND PRIORITIZES SERVICES, fills service gaps where possible, or AND invents new approaches to achieve better results for families and children;
(d) Participate (c) PARTICIPATION in the development of a countywide, comprehensive, coordinated, multi-disciplinary, interagency system for infants and toddlers with developmental disabilities or delays and their families, as established pursuant to federal grants received and administered by the department of health for early intervention services under the "Education of the Handicapped Act Amendments of 1986";
(e) Maintain (d) MAINTENANCE OF an accountability system to monitor the COUNTY council's progress in achieving its purposes RESULTS FOR FAMILIES AND CHILDREN;
(f) Establish (e) ESTABLISHMENT OF a mechanism to ensure ongoing input from a broad representation of families who are receiving services within the county system.
(3) (a) Except as provided in division (C) (B) (3) (b) of this section, a county council shall comply with the policies, procedures, and activities prescribed by the rules or interagency agreements of a state department participating on the cabinet council to the extent that WHENEVER the county council performs a function subject to those rules or agreements.
(b) On application of a county council, the cabinet council may grant an exemption from any rules or interagency agreements of a state department participating on the council if an exemption is necessary for the council to implement a AN ALTERNATIVE program OR APPROACH for service delivery to families and children. The application shall describe the proposed program OR APPROACH and specify the rules or interagency agreements from which an exemption is necessary. The cabinet council shall approve or disapprove the application in accordance with standards and procedures it shall adopt. If an application is approved, the exemption is effective only while the program OR APPROACH is being implemented and , INCLUDING a reasonable period during which the program OR APPROACH is being evaluated for effectiveness.
(4) A county council may accept and expend donations received from any source. EACH COUNTY COUNCIL SHALL DESIGNATE AN ADMINISTRATIE AGENT FOR THE COUNCIL FROM AMONG THE FOLLOWING PUBLIC ENTITIES: THE BOARD OF ALCOHOL, DRUG ADDICTION, AND MENTAL HEALTH SERVICES, INCLUDING A BOARD OF ALCOHOL AND DRUG ADDICTION OR A COMMUNITY MENTAL HEALTH BOARD IF THE COUNTY IS SERVED BY SEPARATE BOARDS; THE BOARD OF COUNTY COMMISSIONERS; ANY BOARD OF HEALTH OF THE COUNTY'S CITY AND GENERAL HEALTH DISTRICTS; THE COUNTY DEPARTMENT OF HUMAN SERVICES; THE COUNTY AGENCY RESPONSIBLE FOR THE ADMINISTRATION OF CHILDREN SERVICES PURSUANT TO SECTION 5135.15 OF THE REVISED CODE; THE COUNTY BOARD OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES; ANY OF THE COUNTY'S BOARDS OF EDUCATION OR GOVERNING BOARDS OF EDUCATIONAL SERVICE CENTERS; OR THE COUNTY'S JUVENILE COURT. ANY OF THE FOREGOING PUBLIC ENTITIES, OTHER THAN THE BOARD OF COUNTY COMMISSIONERS, MAY DECLINE TO SERVE AS THE COUNCIL'S ADMINISTRATIVE AGENT.
A COUNTY COUNCIL'S ADMINISTRATIVE AGENT SHALL SERVE AS THE COUNCIL'S APPOINTING AUTHORITY. THE COUNCIL SHALL FILE AN ANNUAL BUDGET WITH ITS ADMINISTRATIVE AGENT, WITH COPIES FILED WITH THE COUNTY AUDITOR AND WITH THE BOARD OF COUNTY COMMISSIONERS, UNLESS THE BOARD IS SERVING AS THE COUNCIL'S ADMINISTRATIVE AGENT. THE COUNCIL'S ADMINISTRATIVE AGENT SHALL ENSURE THAT ALL EXPENDITURES ARE HANDLED IN ACCORDANCE WITH POLICIES, PROCEDURES, AND ACTIVITIES PRESCRIBED BY STATE DEPARTMENTS IN RULES OR INTERAGENCY AGREEMENTS THAT ARE APPLICABLE TO THE COUNCIL'S FUNCTIONS.
THE ADMINISTRATIVE AGENT FOR A COUNTY COUNCIL MAY DO ANY OF THE FOLLOWING ON BEHALF OF THE COUNCIL:
(a) ENTER INTO AGREEMENTS OR ADMINISTER CONTRACTS WITH PUBLIC OR PRIVATE ENTITIES TO FULFILL SPECIFIC COUNCIL BUSINESS. SUCH AGREEMENTS AND CONTRACTS ARE EXEMPT FROM THE COMPETITIVE BIDDING REQUIREMENTS OF SECTION 307.86 OF THE REVISED CODE IF THEY HAVE BEEN APPROVED BY THE COUNTY COUNCIL AND THEY ARE FOR THE PURCHASE OF FAMILY AND CHILD WELFARE OR CHILD PROTECTION SERVICES OR OTHER SOCIAL OR HUMAN SERVICES FOR FAMILIES AND CHILDREN. THE APPROVAL OF THE COUNTY COUNCIL IS NOT REQUIRED TO EXEMPT AGREEMENTS OR CONTRACTS ENTERED INTO UNDER SECTION 5139.34, 5139.41, OR 5139.43 OF THE REVISED CODE FROM THE COMPETITIVE BIDDING REQUIREMENTS OF SECTION 307.86 OF THE REVISED CODE.
(b) AS DETERMINED BY THE COUNCIL, PROVIDE FINANCIAL STIPENDS, REIMBURSEMENTS, OR BOTH, TO FAMILY REPRESENTATIVES FOR EXPENSES RELATED TO COUNCIL ACTIVITY;
(c) RECEIVE BY GIFT, GRANT, DEVISE, OR BEQUEST ANY MONEYS, LANDS, OR OTHER PROPERTY FOR THE PURPOSE FOR WHICH THE COUNCIL IS ESTABLISHED. THE AGENT SHALL HOLD, APPLY, AND DISPOSE OF THE MONEYS, LANDS, OR OTHER PROPERTY ACCORDING TO THE TERMS OF THE GIFT, GRANT, DEVISE, OR BEQUEST. ANY INTEREST OR EARNINGS SHALL BE TREATED IN THE SAME MANNER AND ARE SUBJECT TO THE SAME TERMS AS THE GIFT, GRANT, DEVISE, OR BEQUEST FROM WHICH IT ACCRUES.
(5) Two or more county councils may enter into an agreement to administer their county councils jointly by creating a regional family and children first council. A regional council possesses the same duties and authority possessed by a county council, except that the duties and authority apply regionally rather than to individual counties. Prior to entering into an agreement to create a regional council, the members of each county council to be part of the regional council shall meet to determine whether all or part of the members of each county council will serve as members of the regional council.
(6) A board of county commissioners served by a county council or represented on a regional council may approve a resolution by a majority vote of the board's members that requires the county or regional council TO SUBMIT A STATEMENT TO THE BOARD each time it THE COUNCIL proposes to enter into an agreement, adopt a plan, or make a decision, other than a decision pursuant to section 121.38 of the Revised Code, that requires the expenditure of funds for two or more families, to submit to the board a. THE statement describing SHALL DESCRIBE the PROPOSED agreement, plan, or decision.
No NOT later than fifteen days after the board receives the statement, it shall, by resolution approved by a majority of its members, approve or disapprove the agreement, plan, or decision. Failure of the board to pass a resolution during that time period shall be considered approval of the agreement, plan, or decision.
An agreement, plan, or decision for which a statement is required to be submitted to the board shall be implemented only if IT IS approved pursuant to division (C) (6) of this section BY THE BOARD.
(D) (1) Each county that does not establish a county family and children first council shall establish a local intersystem services to children cluster. The local cluster shall be composed of the following individuals:
(a) The executive director of the county agency responsible for the administration of children services pursuant to section 5135.15 of the Revised Code.
(b) A representative of the regional office of the department of youth services.
(c) The superintendent of the county board of mental retardation and developmental disabilities.
(d) The director of the board of alcohol, drug addiction, and mental health services that serves the county, or , in the case of a county that has a board of alcohol and drug addiction services and a community mental health board, the directors of both boards.
(e) The health commissioner of the board of health of each city or general health district in the county, or their designees.
(f) The superintendent of the city, exempted village, or local school district with the largest number of pupils residing in the county, as determined by the department of education, which shall notify each county of its determination at least biennially.
(g) A school superintendent representing all other school districts with territory in the county, chosen at a biennial meeting of the superintendents of those districts.
A local cluster may invite any other local public or private agency or group that funds, advocates, or provides services to children to have a representative become a permanent or temporary member of the cluster. The local cluster may also invite parents to become permanent or temporary members of the cluster. The local cluster may also invite parents to become permanent or temporary members of the cluster.
Notwithstanding any other provisions of law, the public members of a local cluster are not prohibited from serving on the cluster and making decisions regarding the duties outlined in the county's service coordination plan approved under this section.
(2) A local cluster shall do all of the following:
(a) Refer to the cabinet council those children for whom the local cluster cannot provide adequate services.
(b) make periodic reports to the cabinet council regarding the number of children referred to the local cluster and the progress made in meeting the needs of each child.
(c) Participate in the development of and approve a countywide, comprehensive, coordinated, multi-disciplinary interagency system for infants and toddlers with developmental disabilities or delays and their families, as established pursuant to federal grants received and administered by the department of health for early intervention services under the "Education of the Handicapped Act Amendments of 1986".
(3) A local intersystem services for children cluster shall comply with the policies, procedures, and activities prescribed by the rules or interagency agreements of a state department participating on the cabinet council to the extent that the local cluster performs a function subject to those rules or agreements.
(4) A board of county commissioners served by a local cluster may approve a resolution by a majority vote of the board's members that requires the cluster, each time it proposes to enter into an agreement, adopt a plan, or make a decision, other than a decision pursuant to section 121,38 of the Revised Code, that requires the expenditure of funds for two or more families, to submit to the board a statement describing the agreement, plan, or decision.
No later thank fifteen days after the board receives the statement, it shall, by resolution approved by a majority of the members, approve or disapprove the agreement, plan, or decision. Failure of the board to pass a resolution during that time period shall be considered approval of the agreement, plan, or decision.
An agreement, plan, or decision for which a statement is required to be submitted to the board shall be implemented only if approved pursuant to division (d) (4) of this section.
(E) (1) (C) Each county shall develop a county service coordination plan MECHANISM. The plan MECHANISM shall be developed and approved with the participation of the county entities representing child welfare; mental retardation and developmental disabilities; alcohol, drug addiction, and mental health services; health; juvenile judges; education; the county family and children first council or local intersystem services for children cluster; and the county early intervention cluster COLLABORATIVE established pursuant to the federal early intervention program operated under the "Education of the Handicapped Act Amendments of 1986." Each plan THE COUNTY SHALL ESTABLISH AN IMPLEMENTATION SCHEDULE FOR THE MECHANISM. THE CABINET COUNCIL MAY MONITOR THE IMPLEMENTATION AND ADMINISTRATION OF EACH COUNTY'S SERVICE COORDINATION MECHANISM.
EACH MECHANISM shall include all of the following:
(a)(1) A procedure for assessing the needs of any child, including a child who is an abused, neglected, dependent, unruly, or delinquent child and under the jurisdiction of the juvenile court or a child whose parent or custodian is voluntarily seeking services;
(b)(2) A procedure for assessing the service needs of the family of any child, including a child who is an abused , neglected, dependent, unruly, or delinquent child and under the jurisdiction of the juvenile court or a child whose parent or custodian is voluntarily seeking services;
(c)(3) A procedure for development of a comprehensive joint service plan designating service responsibilities among the various state and local agencies that provide services to children and their families, including children who are abused, neglected, dependent, unruly, or delinquent children and under the jurisdiction of the juvenile court and children whose parents or custodians are voluntarily seeking services;
(d) An implementation schedule of the county service coordination plan;
(e)(4) A mandatory LOCAL DISPUTE RESOLUTION process to SERVE AS THE PROVESS THAT MUST BE USED FIRST to resolve disputes among the agencies represented on the county council or local cluster concerning the provision of services to children, including children who are abused, neglected, dependent, unruly, or delinquent children and under the jurisdiction of the juvenile court and children whose parents or custodians are voluntarily seeking services. The LOCAL dispute resolution process shall comply with section 121.38 of the Revised Code. THE CABINET COUNCIL SHALL ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE ESTABLISHING AN ADMINISTRATIVE REVIEW PROCESS TO ADDRESS PROBLEMS THAT ARISE CONCERNING THE OPERATION OF A LOCAL DISPUTE RESOLUTION PROCESS.
(2) On or before March 15, 1996, the county service coordination plan shall be submitted to the cabinet council for approval. The cabinet council shall approve or reject the plan on or before June 1, 1996. The cabinet council's approval shall be made in conjunction with a representative of the Ohio association of juvenile and county court judges.
If a county fails to submit a plan by March 15, 1996, or if the plan submitted is rejected, the cabinet council shall develop a plan for the county including a procedure for designating service responsibilities and a process for dispute resolution. The process for dispute resolution shall be consistent with section 121.38 of the Revised Code. Such plans shall be developed on or before July 1, 1996, and shall be developed in conjunction with a representative
of the Ohio associate of juvenile and county court judges.
Except in the case of a county plan developed by the cabinet council, each county shall implement its plan on or before July 1, 1996. A county plan developed by the cabinet council shall be implemented by the county on or bofore August 1, 1996. The cabinet council may monitor the implementation and administrative of service coordination plans.
Sec. 121.371. THERE IS HEREBY CREATED THE WELLNESS BLOCK GRANT PROGRAM. THE OHIO FAMILY AND CHILDREN FIRST CABINET COUNCIL SHALL OVERSEE THE PROGRAM AND THE CHILDREN'S TRUST FUND BOARD, CREATED BY SECTION 3109.15 OF THE REVISED CODE, SHALL SERVE AS THE PROGRAM'S ADMINISTRATIVE AGENT. THE BOARD AND THE CABINET COUNCIL SHALL ESTABLISH GUIDELINES FOR OPERATING THE WELLNESS BLOCK GRANT PROGRAM.
THE CHILDREN'S TRUST FUND BOARD MAY ACCEPT GIFTS, DONATIONS, GRANTS, OR OTHER MONEYS FOR THE WELLNESS BLOCK GRANT PROGRAM FROM ANY SOURCE. THE BOARD SHALL USE THE FUNDS RECEIVED TO MAKE BLOCK GRANTS TO COUNTY FAMILY AND CHILDREN FIRST COUNCILS. THE AMOUNT TO BE GRANTED TO EACH COUNTY COUNCIL SHALL BE DETERMINED BY THE BOARD AND THE CABINET COUNCIL. TO COVER ADMINISTRATIVE EXPENSES, THE BOARD MAY USE IN EACH STATE FISCAL YEAR AN AMOUNT NOT TO EXCEED ONE PER CENT OF THE TOTAL AMOUNT AVAILABLE FOR THE PROGRAM IN THAT YEAR.
COUNTY COUNCILS SHALL USE THE FUNDS THEY RECEIVE THROUGH WELLNESS BLOCK GRANTS TO FUND COMMUNITY-BASED PROGRAMS OF PREVENTION SERVICES THAT ADDRESS ISSUES OF BROAD SOCIAL CONCERN, AS DETERMINED BY THE CABINET COUNCIL AND THE BOARD, AND TO FUND STATE-DIRECTED TRAINING, EVALUATION, AND EDUCATION PROGRAMS PERTAINING TO THE ISSUES BEING ADDRESSED. EACH CONTY COUNCIL SHALL SUBMIT TO THE BOARD A PROGRAM AND FISCAL PLAN THAT OUTLINES ITS PROPOSAL FOR EXPENDITURE OF ITS BLOCK GRANT.
AS REQUESTED BY THE BOARD ON BEHALF OF THE CABINET COUNCIL, EACH COUNTY COUNCIL SHALL SUBMIT PROGRAM AND FISCAL ACCOUNTINGS REGARDING THE USE OF ITS BLOCK GRANT. THE BOARD AND THE CABINET COUNCIL SHALL ESTABLISH CRITERIA FOR ASSESSING A COUNTY COUNCIL'S PROGRESS IN ACHIEVING THE GOALS OF THE WELLNESS BLOCK GRANT PROGRAM. IF A COUNTY COUNCIL DOES NOT OPERATE IN ACCORDANCE WITH THE PROGRAM GUIDELINES AND CRITERIA ESTABLISHED BY THE BOARD AND THE CABINET COUNCIL, THE BOARD AND THE CABINET COUNCIL MAY REVISE THE ALLOCATION OF FUNDS THAT THE COUNTY COUNCIL RECEIVES.
THE BOARD SHALL PREPARE AN ANNUAL REPORT DETAILING THE RESULTS OF THE PROGRAM. THE REPORT SHALL BE SUBMITTED TO THE GOVERNOR, THE PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES.
Sec. 121.38. (A) An agency represented on a county family and children first council or local intersystem services to children cluster that disagrees with the council or cluster's COUNCIL'S decision concerning the services or funding for services a child is to receive from agencies represented on the council or cluster may initiate the LOCAL dispute resolution process established in the COUNTY service coordination plan MECHANISM applicable to the council or cluster. On completion of the process, the decision maker designated in the service coordination plan MECHANISM shall issue a written determination that directs one or more agencies represented on the council or cluster to provide services or funding for services to the child. The determination shall include a plan of care governing the manner in which the services or funding are to be provided. The decision maker shall base the plan of care on the COMPREHENSIVE JOINT SERVICE plan described in division (E)(1)(c) of section 121.37 of the Revised Code DEVELOPED AS PART OF THE COUNTY'S SERVICE COORDINATION MECHANISM and on evidence presented during the LOCAL DISPUTE RESOLUTION process. The decision maker may require an agency to provide services or funding only if the child's condition or needs qualify the child for services under the laws governing the agency.
(B) An agency subject to a determination issued pursuant to a LOCAL dispute resolution process shall immediately comply with the determination, unless the agency objects to the determination by doing one of the following not later than seven days after the date the written determination is issued:
(1) If the child has been alleged or adjudicated to be an abused, neglected, dependent, unruly, or delinquent child or a juvenile traffic offender, filing in the juvenile court of the county having jurisdiction over the child's case a motion requesting that the court hold a hearing to determine which agencies are to provide services or funding for services to the child.
(2) If the child is not a child described in division (B)(1) of this section, filing in the juvenile court of the county served by the county council or local cluster a complaint objecting to the determination.
The court shall hold a hearing as soon as possible, but no NOT later that ninety days after the motion or complaint is filed. No later than AT LEAST five days before the date on which the court hearing is to be held, the court shall send each agency subject to the determination written notice by first class mail of the date, time, place, and purpose of the court hearing. In the case of a motion filed under division (B)(1) of this section, the court may conduct the hearing as part of the adjudicatory or dispositional hearing concerning the child, if appropriate, and shall provide notice as required for those hearings.
Except in cases in which the hearing is conducted as part of the adjudicatory or dispositional hearing, a hearing held pursuant to this division shall be limited to a determination of which agencies are to provide services or funding for services to the child. At the conclusion of the hearing, the court shall issue an order directing one or more agencies represented on the county council or local cluster to provide services or funding for services to the child. The order shall include a plan of care governing the manner in which the services or funding are to be provided. The court shall base the plan of care on the COMPREHENSIVE JOINT SERVICE plan described in division (B)(1)(c) of section 121.37 of the Revised Code DEVELOPED AS PART OF THE COUNTY SERVICE COORDINATION PLAN and on evidence presented during the hearing. An agency required by the order to provide services or funding shall be a party to any juvenile court proceeding concerning the child. The court may require an agency to provide services or funding for a child only if the child's condition or needs qualify the child for services under the laws governing the agency.
(C) While the LOCAL dispute resolution process of court proceedings pursuant to this section are pending, each agency shall provide services and funding as required by the decision made by the County council or cluster before dispute resolution was initiated. If an agency that provided services or funds during the LOCAL dispute resolution process or court proceedings is determined through the process or proceedings not to be responsible for providing them, it shall be reimbursed FOR the costs of providing the services or for the funding by the agencies determined to be responsible for providing them.
(D) Each county council or local cluster shall report annually to the Ohio family and children first cabinet council the following information:
(1) The number of cases resolved by dispute resolution;
(2) The number of cases resolved by judicial determination;
(3) The amount of money spent by each agency using dispute resolution or requesting a judicial determination with respect to children being served by the agency
A report shall not contain any information that personally identifies any individual. The cabinet council shall specify the date on which the report is to be made.
Sec. 121.40. (A) There is hereby created the governor's community service council consisting of twenty-one members including the superintendent of public instruction or the superintendent's designee, the chancellor of the Ohio board of regents or the chancellor's designee, the director of natural resources or the director's designee, the director of youth services or the director's designee, the director of aging or the director's designee, the director of human services or the director's designee, the chairperson of the committee of the house of representatives dealing with education or the chairperson's designee, and thirteen members who shall be appointed by the governor with the advice and consent of the senate and who shall serve terms of office of three years. The appointees shall include educators, including teachers and administrators; representatives of youth organizations; students and parents; representatives of organizations engaged in volunteer program development and management throughout the state, including youth and conservation programs; and representatives of business, government, nonprofit organizations, social service agencies, veterans organizations,
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