Ohio Administrative Code › Title 5139 - Department of Youth Services › Chapter 5139-67 - Grant Funding for Youth Services and Facilities › Section 5139-67-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
For the purpose of implementing Chapter 5139-67 of the
				Administrative Code, the following terms have the following definitions:
(A) "Activity purpose categories" means the
			 categories established by the department from which programs and services are
			 developed and data reported.
(B)
			 "Administrative costs" means those costs related to the overall administration
			 of the grant.
(C) "Base allocation"
			 means the amount of state subsidy grant (youth services grant) funds a county
			 will be eligible to receive, based on the formula found in section
			 5139.34 of the Revised
			 Code.
(D) "Capital construction
			 projects" means the acquisition, construction, reconstruction, rehabilitation,
			 remodeling, renovation, enlargement or improvement of capital facilities as
			 defined in section 154.01 of the Revised
			 Code.
(E) "Chargeable bed days"
			 means the number of bed days in an institution or community corrections
			 facility for which reductions are made in the computation of the court's
			 variable allocation; these do not include bed days which fall under the
			 definition of public safety beds in section
			 5139.01 of the Revised Code;
			 these do include the first five days of a youth's absence from an institution
			 of the department or a community corrections facility.
(F) "Commitment" means the transfer of the
			 physical and legal custody of a youth who is at least ten years of age but less
			 than eighteen years of age from the court to the department for having
			 committed an act that, if committed by an adult, would be a felony.
(G) "Community corrections facility" means a
			 state funded facility operated for the sole purpose of providing treatment and
			 rehabilitation to juvenile felony delinquents in lieu of a commitment to the
			 department, as defined in section
			 5139.36 of the Revised
			 Code.
(H) "Department" means the
			 Ohio department of youth services.
(I) "Fair market value" means the cost of
			 equipment, property, or services which would be paid by a prudent buyer in a
			 given community. Prudence is based on comparison shopping and selection.
			 Payment rates should conform closely to the going rate in the community for a
			 given service.
(J) "Felony
			 delinquent" means any child who is adjudicated a delinquent for having
			 committed an act that, if committed by an adult, would be a felony. This
			 includes any adult who is between the ages of eighteen and twenty-one and who
			 is in the legal custody of the department for having committed an act as a
			 Juvenile that, if committed by an adult, would be a felony.
(K) "Felony delinquent care and custody fund
			 (FDCC)" means the fund into which "Reclaim Ohio" (variable allocation) and
			 youth services grant funds (base allocation) are deposited and from which they
			 are disbursed.
(L) "Fiscal agent"
			 means the county fiscal representative responsible for oversight of department
			 grant funds.
(M) "Fiscal year"
			 means the state fiscal year period of July first through June
			 thirtieth.
(N) "Funding
			 application" means a document completed by a couty/juvenile court which
			 reflects projected expenditures according to the established
			  program categories in
			 standard budget categories and is used to allocate and disburse funds under
			 sections 5139.34 and
			 5139.43 of the Revised
			 Code.
(O) "Grant" means funds
			 disbursed to the counties in accordance with sections
			 5139.34 and
			 5139.43 of the Revised
			 Code.
(P) "Indirect cost" means a
			 fixed charge by the county for handling the grant and providing payroll and
			 other related services;
(Q)
			 "Institution" means a state facility created by the general assembly that is
			 under the management and control of the department or a private facility with
			 which the department has contracted for the institutional care and custody of
			 felony delinquents, except for youth placed in accordance with section
			 5139.38 of the Revised
			 Code.
(R) "Minority youth" means
			 any youth that is not caucasian.
(S) "Program amendment" means a programmatic
			 or budgetary change in a program.
(T) "Public safety beds" means a county's
			 variable allocation is not adversely affected by bed days for any youth who are
			 committed for a category I or II offense (aggravated murder, attempted
			 aggravated murder, murder, attempted murder, kidnapping, rape, voluntary
			 manslaughter, involuntary manslaughter (F1), and aggravated arson)
			 as defined in sections
			 2151.26 and
			 5139.01 of the Revised Code with
			 the exception of aggravated burglary and aggravated robbery; felony delinquents
			 who are subject to and serving a three year period of commitment pursuant to
			 divisions (A) and (B) of section
			 2152.17 of the Revised Code for
			 an act other than a violation of section
			 2911.11 of the Revised Code that
			 would be a category I or II offense; felony delinquents committed to the
			 department by the juvenile court of a county that has had one-tenth of one per
			 cent or less of the statewide adjudications for felony delinquents as averaged
			 for the past ten fiscal years for which data is available and who are in the
			 custody of an institution or a community corrections facility; youth
			 adjudicated and recommitted for the commission of an offense committed while in
			 a department institution; youth serving disciplinary time as defined in section
			 5139.01 of the Revised Code; or
			 youth who have violated the terms and conditions of their supervised release,
			 have had that release revoked, and are serving time beyond the initial thirty
			 day period of institutionalization as defined in section
			 5139.01 of the Revised
			 Code.
(U) "Recommitment" means the
			 commitment for a new period of incarceration in an institution for a youth who
			 is already in the legal custody of the department.
(V) "Revocation" means the legal process
			 through which a juvenile court returns a youth, who has violated the
			 post-release terms and conditions, to the department for institutionalization
			 pursuant to the applicable divisions of section
			 5139.52 of the Revised
			 Code.
(W) "Supplanting" means using
			 grant funds to take the place of county money to fund the juvenile court's
			 budget or related programs. Funds must be used to increase or enhance services
			 to youth, and may not be used to pay for services which are already provided
			 with county funds. Local funds for these services may not be decreased as a
			 result of these grant funds.
(X)
			 "Variable allocation" means the "Reclaim Ohio" allocation.
Effective: 2/1/2019
Five Year Review
				(FYR) Dates: 10/6/2022
Promulgated Under:
				119.03
Statutory
				Authority: 5139.04(D)
Rule Amplifies:
				5139.01,
				5139.34,
				5139.36,
				5139.41,
				5139.43,
				5139.44
Prior
				Effective Dates: 08/01/1997, 10/25/2002, 02/17/2006,
				10/16/2017