Ohio Administrative Code 5180:1 — Department of Children and Youth | Administration

Chapter 5180:1-3 Children's Trust Fund

Ohio Adm.Code 5180:1-3-01 Regional prevention councils operation and regional prevention council member duties.

Regional prevention councils are established to serve child abuse and child neglect prevention regions created and defined under section 3109.171 of the Revised Code.

(A) Meetings and notices.

(1) All business transactions of each council are to be conducted in public meetings. Each council is to meet in compliance with division (H) of section 3109.172 of the Revised Code at the call of the chairperson and as scheduled by the regional prevention coordinator.

(2) Public notice of meetings will specify the time and place of the meeting.

(a) Each council will maintain a list of persons who have requested notice of all meetings.

(b) Any person may obtain electronic mail notification of the time and place of any regularly scheduled meeting by requesting such notification from the council before the close of the business day prior to the meeting.

(c) In the event of a special meeting, the council will notify all listed persons by electronic mail notification as soon as possible after the special meeting is scheduled.

(3) Quorum.

A majority of the actual number of county prevention specialists that have been appointed to the council at the time of a meeting where official action is to be taken constitutes a quorum to conduct a meeting. A majority of those members present and voting yes on a proposal constitutes a favorable vote. All votes are to be conducted by roll call.

(4) Councils may hold public meetings by means of video conference or any other similar electronic technology so long as the council is in compliance with all of the following:

(a) Regional councils are to provide notification of meetings held under this section to the public and to the media that have requested notification of a meeting at least seventy-two hours in advance of the meeting by reasonable methods by which any person may determine the time, location, agenda of the meeting, and the manner by which the meeting will be conducted, except in the event of an emergency requiring immediate official action. In the event of an emergency, the regional council coordinators are to immediately notify the news media that have requested notification and the Ohio children's trust fund (OCTF) executive director of the time, place, and purpose of the meeting.

(b) Regional councils are to provide the public access to a meeting held by means of video conference or any other similar electronic technology that the public would otherwise be entitled to attend commensurate with the method in which the meeting is being conducted, including for example, livestreaming by means of the internet, television, cable, or public access channels, or by means of any other similar electronic technology. Regional council coordinators are to ensure that the public can observe and hear the discussions and deliberations of all the members of the council, whether the member is participating in person or electronically. Members of the council are to have a sufficient internet or other electronic connection to allow the member to be seen and heard clearly, and are to be visible at all times.

(c) All votes taken during the meeting are to be taken by roll call vote unless there is a motion for unanimous consent, and the motion is not objected to by a member of the council. If a vote is taken unanimously, the council will provide the public with information on how the members of the council voted, including any members who abstained from voting.

(d) Any member of the council who intends to attend a meeting by means of video conference or other similar electronic technology is to notify the chairperson and the council coordinator of that intent not less than forty-eight hours before the meeting, except in the case of an emergency. An emergency is defined as any action necessitating immediate council action whereby failure to act would result in statutory or regulatory non-compliance or severe operational disruption of the council and the action was reasonably unforeseeable.

(e) If, upon the notification of an upcoming council meeting, and not later than forty-eight hours before the meeting, the greater of at least ten per cent of the members of the council or two members of the council, notifies the chairperson of the council that an item in the agenda is to be acted upon at a meeting conducted fully in person, upon the acknowledgment of the chairperson and the council coordinator of receipt of the notification, the council is to take action on the item of the agenda only at a meeting conducted fully in person.

(5) All public meetings of the councils are to comply with the requirements in division (B)(3)(e) of section 121.221 of the Revised Code. For the purposes of complying with the definitions requirement in division (B)(3)(e) of section 121.221 of the Revised Code, the following definitions are adopted:

(a) "Major nonroutine expenditure" means any expenditure not governed by the OCTF board.

(b) "Significant hiring decision" means any hiring decision whatsoever.

(B) Officers and their duties.

(1) The chairperson serves as a nonvoting member of the council. The chairperson is to preside at all council meetings or may call upon the vice chairperson to preside during a meeting.

(2) A vice chairperson is to be selected by the council from among the members of the council in the first quarter of each state fiscal year.

(a) The vice chairperson is to preside in the event of the absence of the chairperson or upon the request of the chairperson.

(b) When presiding over a council meeting, the vice chairperson becomes a nonvoting member and functions in the same capacity as the chairperson.

(C) Each regional prevention council member will assist the regional prevention coordinator in conducting the needs assessments as outlined in division (J)(2) of section 3109.172 of the Revised Code by identifying and providing appropriate local data to inform prevention plan development, implementation, and monitoring.

Last updated January 5, 2026 at 8:58 AM

History

• Effective: January 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 5180:1-3-02 Regional council county selection process.

(A) Pursuant to section 3109.171 of the Revised Code, the Ohio children's trust fund (OCTF) board, in consultation with the department of children and youth (DCY), will determine the number of regions and counties within each regional council, which will be issued by the board in the prevention plan criteria.

(B) When making the determination in paragraph (A) of this rule, the OCTF board will assess counties within each regional council by considering factors, including but not limited to:

(1) Collaboration amongst counties within an existing region.

(2) Similarity in needs and resources amongst counties within a geographical area.

(3) Metropolitan statistical area alignment.

(4) Child abuse and neglect prevention provider existing infrastructure and capacity.

(5) County makeup of similar regionalized state agency collaboratives, councils, boards, etc.

Last updated January 5, 2026 at 8:58 AM

History

• Effective: January 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 5180:1-3-03 Boards of county commissioners appointing of regional prevention council members.

(A) Pursuant to division (C)(1) of section 3109.172 of the Revised Code, each board of county commissioners within a region may appoint up to two county prevention specialists to the council representing the county.

(B) If a regional prevention coordinator selects as its representative to serve as chairperson of the regional prevention council a county prevention specialist that was appointed to the council by a board of county commissioners, then that board of county commissioners may appoint a county prevention specialist to fill the vacancy.

(C) Commissioners appoint county prevention specialists to the council by submitting written notification to the Ohio children's trust fund (OCTF) containing the following information for each appointed individual:

(1) Full name.

(2) Business or home street address, city, state, and zip code.

(3) Business or personal e-mail address.

(4) Either a resume or short biography.

(D) The board of county commissioners and the regional prevention coordinator serving the county will receive written confirmation of the appointment that includes the start and end dates of each appointee's term of service on the regional prevention council. In compliance with division (D) of section 3109.172 of the Revised Code, an appointment's start date will be the earliest date an appointment may be made by the county commissioners and will last two years from that date.

Last updated January 5, 2026 at 8:58 AM

History

• Effective: January 1, 2026
• Promulgated Under: 119.03

Chapter 5180:1-7 DCY Practices

Ohio Adm.Code 5180:1-7-01 Employee access to confidential personal information.

(A) Definitions.

For the purposes of this rule the following definitions apply:

(1) "Access" as a noun means an instance of copying, viewing, or otherwise perceiving whereas "access" as a verb means to copy, view, or otherwise perceive.

(2) "Acquisition of a new computer system" means the purchase of a "computer system," as defined in this rule, that is not a computer system currently in place nor one for which the acquisition process has been initiated as of the effective date of the agency rule promulgated under section 1347.15 of the Revised Code.

(3) "Computer system" means a "system," as defined by section 1347.01 of the Revised Code, that stores, maintains, or retrieves personal information using electronic data processing equipment.

(4) "Confidential personal information" (CPI) has the meaning as defined by division (A)(1) of section 1347.15 of the Revised Code and identified by rules promulgated by the agency in accordance with division (B)(3) of section 1347.15 of the Revised Code that reference the federal or state statutes or administrative rules that make personal information maintained by the agency confidential.

(5) "Employee of the department" means each employee of the Ohio department of children and youth regardless of whether he or she holds an elected or appointed office or position within the agency.

(6) "Incidental contact" means contact with the information that is secondary or tangential to the primary purpose of the activity that resulted in the contact.

(7) "Individual" means a natural person and in the context used in division (C)(1)(b) of section 1347.15 of the Revised Code, and paragraph (E)(4)(b)(iv) of this rule, means the subject of the confidential personal information, or the authorized representative, legal counsel, legal custodian or legal guardian of the subject of the confidential personal information, or any other similarly situated person who is permitted under state or federal law to act on behalf of, or in furtherance of, the interests of the subject of the confidential personal information, such as an executor or administrator appointed by the court or individual granted power of attorney by the subject of the information. "Individual" does not include an opposing party in litigation, or the opposing party's legal counsel, or an investigator, auditor or any other party who is not acting on behalf of, or in furtherance of the interests of, the subject of the confidential personal information, even if such individual has obtained a signed release from the subject of the confidential personal information.

(8) "Information owner" means the individual appointed in accordance with division (A) of section 1347.05 of the Revised Code to be directly responsible for a system.

(9) "Person" means a natural person.

(10) "Personal information" has the same meaning as defined in division (E) of section 1347.01 of the Revised Code.

(11) "Personal information system" means a "system" that "maintains" "personal information" as those terms are defined in section 1347.01 of the Revised Code. "System" includes both records that are manually stored and records that are stored using electronic data processing equipment.

(12) "Research" means a methodical investigation into a subject.

(13) "Routine" means commonplace, regular, habitual, or ordinary.

(14) "System" has the same meaning as defined by division (F) of section 1347.01 of the Revised Code.

(15) "Upgrade" means a substantial redesign of an existing computer system for the purpose of providing a substantial amount of new application functionality, or application modifications that would involve substantial administrative or fiscal resources to implement, but would not include maintenance, minor updates and patches, or modifications that entail a limited addition of functionality due to changes in business or law.

(16) "The department" means the Ohio department of children and youth.

(B) Procedures for accessing confidential personal information.

(1) Criteria for accessing confidential personal information.

Personal information systems of the department are managed on a "need-to-know" basis whereby the information owner determines the level of access needed for an employee of the department to fulfill his or her job duties. The determination of access to confidential personal information will first be approved by the employee's supervisor and the information owner prior to providing the employee with access to confidential personal information within a personal information system. The department will establish procedures for determining a revision to an employee's access to confidential personal information upon a change to that employee's job duties including, but not limited to, transfer or termination. Whenever an employee's job duties no longer indicate the need for access to confidential personal information in a personal information system, the employee's access to confidential personal information will be removed.

(2) Individual's request for a list of confidential personal information.

Upon the signed written request of any individual for a list of confidential personal information about the individual maintained by the department, the department will do all of the following:

(a) Verify the identity of the individual by a method that provides safeguards commensurate with the risk associated with any unauthorized access to, or use or release of, the confidential personal information;

(b) Provide to the individual the confidential personal information that does not relate to an investigation about the individual or is otherwise not excluded from the scope of Chapter 1347. of the Revised Code; and

(c) If all information relates to an investigation about that individual, determine what, if any, information can be disclosed to the individual who was or is being investigated, provide the individual with any information which is not protected from disclosure, and inform the individual, to the extent that it is legally permitted, of the legal basis for any records that are withheld or redacted.

(3) Notice of invalid access.

(a) Upon discovery or notification that confidential personal information of a person has been accessed by an employee for an invalid reason, the department will notify the person whose information was invalidly accessed as soon as practical, and provide him or her with details of the unauthorized access, to the extent known at the time. However, the department will delay notification for a period of time necessary to ensure that the notification would not delay or impede an investigation or jeopardize homeland or national security. Additionally, the department may delay the notification consistent with any measures necessary to determine the scope of the invalid access, including which individuals' confidential personal information invalidly was accessed, and to restore the reasonable integrity of the system. "Investigation" as used in this paragraph means the investigation of the circumstances and involvement of an employee surrounding the invalid access of the confidential personal information. Once the department determines that notification would not delay or impede an investigation, the department will disclose the access to confidential personal information made for an invalid reason to the person.

(b) Notification provided by the department will inform the person of the type of confidential personal information accessed and the date or dates of the invalid access, if known.

(c) Notification may be made by any method reasonably designed to accurately inform the person of the invalid access, including written, electronic, or telephone notice.

(4) Appointment of a data privacy point of contact and completion of a privacy impact assessment.

(a) The department's director will designate an employee of the department to serve as the data privacy point of contact under the working title of "DCY chief privacy officer."

(b) The DCY chief privacy officer will work with the state of Ohio chief privacy officer and the state of Ohio chief information security officer within the state of Ohio office of information technology to assist the department with both the implementation of privacy protections for the confidential personal information that the department maintains and compliance with section 1347.15 of the Revised Code and the rules adopted thereunder.

(c) The DCY chief privacy officer will ensure the timely completion of the "privacy impact assessment form" developed by the state of Ohio office of information technology.

(C) Valid reasons for accessing confidential personal information.

Pursuant to division (B)(2) of section 1347.15 of the Revised Code, this rule contains a list of valid reasons, directly related to the department's exercise of its powers or duties, for which only employees of the department may access confidential personal information regardless of whether the personal information system is manual or electronic.

(1) Except as prohibited by federal or state law, performing the following functions constitute valid reasons for authorized employees of the department to access confidential personal information:

(a) Responding to a request from an individual for the list of confidential personal information or records the department maintains on that individual;

(b) Responding to a public records request;

(c) Administering a constitutional provision or duty;

(d) Administering a statutory provision or duty connected to the department or its programs;

(e) Administering an administrative rule provision or duty connected to the department or its programs;

(f) Complying with any state or federal program requirements;

(g) Processing or payment of claims or otherwise administering a program with individual participants or beneficiaries;

(h) Auditing or monitoring purposes;

(i) Licensure (or permit, eligibility, filing, etc.) processes;

(j) Investigation or law enforcement purposes, when permitted by any applicable programmatic laws or regulations;

(k) Administrative hearings;

(l) Litigation, complying with an order of the court, or subpoena;

(m) Human resource matters (e.g., hiring, promotion, demotion, discharge, salary/compensation issues, leave requests/issues, timecard approvals/issues);

(n) Complying with an executive order or policy;

(o) Complying with a department policy or a state administrative policy issued by the department of administrative services, the office of budget and management or other similar state agency;

(p) Complying with a collective bargaining agreement provision; or

(q) Research in the furtherance of department-specific programs in so far as allowed by statute.

(2) To the extent that the general processes described in paragraph (C)(1) of this rule do not cover the circumstances under consideration, for the purpose of carrying out specific duties of the department, authorized employees would also have valid reasons for accessing confidential personal information as set forth in any applicable policy or rule adopted by the department.

(D) Confidentiality statutes.

The federal statutes and regulations and state statutes and administrative rules listed in the appendix to this rule make personal information maintained by the agency confidential and identify the confidential personal information that are subject to rules promulgated by this agency in accordance with section 1347.15 of the Revised Code.

(E) Restricting and logging access to confidential personal information systems.

For personal information systems that are computer systems and contain confidential personal information, the department will do the following:

(1) Access restrictions.

Access to confidential personal information that is kept electronically will warrant a password or other sufficient authentication measure as determined by the DCY chief privacy officer.

(2) Acquisition of a new computer system.

When the department acquires a new computer system that stores, manages or contains confidential personal information, the department will include a mechanism for recording specific access by employees of the department to confidential personal information in the system.

(3) Upgrading existing computer systems.

When the department modifies an existing computer system that stores, manages or contains confidential personal information, that results in over half of the lines of code associated with that system being modified, then that system will have an automated mechanism for recording specific access by employees of the department to any confidential personal information that is accessed via that system.

(4) Logging confidential personal information in existing computer systems.

(a) The department will ensure that employees of the department who access confidential personal information within the department's computer systems maintain a log that records that access.

(b) Access to confidential information is not to be entered into the log under the following circumstances:

(i) The employee of the department is accessing confidential personal information for official agency purposes, including research, and the access is not specifically directed toward a specifically named individual or a group of specifically named individuals.

(ii) The employee of the department is accessing confidential personal information for routine office procedures and the access is not specifically directed toward a specifically named individual or a group of specifically named individuals.

(iii) The employee of the department comes into incidental contact with confidential personal information and the access of the information is not specifically directed toward a specifically named individual or a group of specifically named individuals.

(iv) The employee of the department accesses confidential personal information about an individual based upon a request made under either of the following circumstances:

(a) The individual requests confidential personal information about himself or herself.

(b) The individual makes a request that the department takes some action on that individual's behalf and the confidential personal information is accessed in order to consider or process that request.

(c) The department will use a consistent electronic means for logging where reasonably possible. If the logging process is already being achieved through existing means, then no additional logging is needed in those instances.

(5) Nothing in this rule limits the agency from requiring logging in any circumstance that it deems necessary.

View Appendix

Last updated December 15, 2025 at 7:41 AM

History

• Effective: December 15, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 5180:1-7-02 Coordination of specified functions.

The Ohio department of children and youth (DCY) will coordinate with the Ohio department of job and family services (JFS) for the following functions:

(A) In accordance with section 423.120 of Amended Substitute House Bill 96 of the 136th General Assembly, DCY will:

(1) Coordinate with JFS to implement rule 5101:9-7-29.1 of the Administrative Code to determine the amount of local funds each county must contribute to the children services fund.

(2) Partner with JFS to:

(a) Administer funding to incentivize best practices.

(b) Issue funding for the provision of services to youth requiring support from multiple systems.

(B) All administrative and financial activities contained in division 5101:9 of the Administrative Code that are executed on behalf of DCY.

Last updated February 2, 2026 at 8:19 AM

History

• Effective: February 2, 2026
• Promulgated Under: 111.15

Ohio Adm.Code 5101:9-7-29.1

(A) Each biennium the Ohio general assembly requires that if the funds available for distribution by the Ohio department of job and family services (ODJFS) on behalf of the Ohio department of children and youth (DCY) under section 5101.14 of the Revised Code are greater in the current state biennial budget cycle than the amount appropriated in SFY 2019, each county must make a minimum contribution to the children services fund, as described in section 5101.144 of the Revised Code.

(1) Each county that made local contributions in county fiscal year (CFY) 2019, as certified by the PCSA director and the county auditor shall continue to contribute to the children services fund as described in paragraph (B) of this rule.

(2) Each county that did not make local county contributions in CFY 2019, as certified by the PCSA director and county auditor does not have a minimum obligation to contribute to the children services fund as described in paragraph (B) of this rule.

(B) Local obligation determination

(1) ODJFS uses county contributions from the previous four CFYs to determine the minimum local obligation amount for each CFY.

(2) The PCSA director certifies the receipt of local county funds, by completing the JFS 02825 "Public Children Services Agency (PCSA) Local Contributions" with the previous CFY contribution amount, and submits the JFS 02825 to the county auditor for signature.

(3) The county auditor certifies by signature the accuracy of JFS 02825.

(4) The PCSA submits the certification to ODJFS and also submits a copy of the certification to the board of county commissioners or designee by October thirty-first.

(5) ODJFS uses the average of each local county contributions as certified based in paragraph (B)(1) of this rule to determine the county's minimum local contribution requirement for each SFY.

(C) If circumstances arise and a county cannot meet their minimum contribution requirements for the current state biennial budget cycle:

(1) The county commissioner(s) shall submit a written explanation to ODJFS, signed by the county auditor, verifying that the county cannot meet local funding requirements. The county commissioner(s) may request a reduced amount or request that the entire contribution be waived;

(2) The county commissioner(s) shall submit a copy of the hardship request to the PCSA director; and

(3) The request will be reviewed and may be granted at the discretion of ODJFS in conjunction with DCY.

(D) For purposes of this rule local county funds are:

(1) County general revenue funds appropriated and deposited into the child services fund; and

(2) Levy taxes appropriated and deposited into the children services fund as described in section 5153.35 of the Revised Code.

Last updated February 7, 2025 at 7:46 AM

History

• Effective: February 7, 2025
• Promulgated Under: 111.15