Rules For Counties To Develop Local Coordinated, Comprehensive Plans And Receive Funding

Link to law: http://arcweb.sos.state.or.us/pages/rules/oars_400/oar_423/423_010.html
Published: 2015

The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

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OREGON DEPARTMENT OF EDUCATION

YOUTH DEVELOPMENT DIVISION







 

DIVISION 10
RULES FOR COUNTIES TO DEVELOP LOCAL COORDINATED,

COMPREHENSIVE PLANS AND RECEIVE FUNDING

423-010-0005
Authority
These rules are promulgated pursuant to ORS 417.705 through 417.797 and 419A.170.
Stat. Auth.: ORS 183, ORS 417.705 - ORS 417.797

Stats. Implemented:

Hist.: JSC 3-1980, f. & ef. 4-10-80; JSC 1-1984, f. 12-28-84, ef. 1-1-85; CCYS 3-1990, f. & cert. ef. 12-24-90 (and corrected 3-5-91); CCF 2-1994(Temp), f. & cert. ef. 3-10-94; CCF 3-1994, f. & cert. ef. 5-18-94; OCCF 1-2002, f. & cert. ef. 1-14-02
423-010-0021
Guidelines for Developing Local Plans
(1) The Local Commission will lead, coordinate and facilitate the development and preparation of a single Local Plan for coordinating community programs, strategies and services for children ages 0 through 18 and their families. The purpose of the Local Plan is to create positive outcomes for children and families, mobilize communities, and coordinate programs, strategies and services among community groups, government agencies, private providers and other entities.
(2) The local planning process will follow a format contained in a document prescribed by the State Commission. The Planning Guide document may be obtained by contacting the Agency office.
(3) The Local Plan will be approved by the local BOCC prior to submitting the plan to the Agency. Counties will submit their Plans to the Agency for review and approval on a timetable established by the Agency.
(4) Submission of a county's Local Plan and proposed budget distribution will be considered the application for the county allocation of funds appropriated to the Agency. Counties that submit a one-year budget must submit a second-year budget prior to the beginning of the second year of the biennium which will be considered the county allocation application for the second year.
(5) The proposed budget distribution will identify the applicable portion(s) of the Local Plan for each funding area represented in the budget.
Stat. Auth.: ORS 183, 417.705 - 417.797 & 419A.170

Stats. Implemented:

Hist.: JSC 1-1984, f. 12-28-84, ef. 1-1-85; JSC 1-1986, f. & ef. 12-29-86; CCYS 3-1990, f. & cert. ef. 12-24-90 (and corrected 3-5-91); CCF 2-1994(Temp), f. & cert. ef. 3-10-94; CCF 3-1994, f. & cert. ef. 5-18-94; CCF 1-1995, f. & cert. ef. 8-1-95; OCCF 1-2002, f. & cert. ef. 1-14-02; OCCF 1-2004, f. & cert. ef. 9-15-04
423-010-0023
Categorization and Limitation of Local Commission Costs
(1) Basic Capacity:
(a) The State Commission determines
a biennial allocation of funds to assist Local Commissions in the costs associated
with functions related to the Local Commission office. County Basic Capacity allocations
may be used for activities in accordance to the limitations in 423-010-0023(5) for
costs associated with operating an office, which include functions such as policy
and planning, evaluation of state and local outcomes, information systems, fiscal
and budget, communications, personnel, reception, general correspondence, contracting
processes, mapping systems, designing and assessing strategies, and other related
functions of the Local Commission office. Basic Capacity may also be used for costs
associated with the monitoring of contracts, quality control, and the measurement
of outcomes to determine the efficiency and effectiveness of an activity.
(b) Each county must provide
the State Commission information on the Local Commission staffing structure that,
at minimum, meets the requirements of ORS 417.760(1)(b) and continues activities
to meet the county’s Local Commission obligations as detailed in OR 417.760
through 417.787 and State Commission on Children and Families Oregon Administrative
Rules.
(c) The Executive Committee
of the State Commission may waive the 2.0 full-time equivalent staff requirement
only when the following criteria have been met:
(A) A plan for staffing is submitted
to the Agency that includes a detailed description of how the staffing plan meets
the requirements of the Partnership Agreement and accomplishes critical areas of
the Components Document and documents in-kind, volunteer assistance or other methods
to meet those requirements.
(B) A review is completed by
the Agency of past performance of the Local Commission, including meeting timelines,
monitoring and compliance requirements, and quality of plans and outcomes.
(C) A written description is
provided to the Agency that demonstrates that there is no real or perceived conflict
of interest or conflict with ORS 417.775(2) (a), which prohibits Local Commissions
from providing direct services.
(D) Letters or other form of
written communication that supports the waiver request are provided from community
partners from formal and informal systems that work regularly with the Local Commission
in accomplishing its work.
(E) Written evidence of the
Local Commission recommendation and BOCC support.
(F) If the Local Commission
disagrees with the decision of the Executive Committee, it may request reconsideration
of the decision at the next regularly scheduled meeting of the Executive Committee.
Following that, the Local Commission may appeal the decision to the State Commission
at its next regularly scheduled meeting.
(d) Funds remaining in the Basic
Capacity allocation after meeting the requirement of 423-010-0023(1)(a) may be used
for Community Mobilization or programs or services to children and families that
are identified in the Local Plan.
(e) Basic Capacity appropriations
cannot be carried from one biennium to the next pursuant to OAR 423-010-0027(7)
and (8), but will revert to the State if not obligated or expended at the end of
the biennium.
(2) Community Mobilization:
Counties may allocate funds for the purposes of community mobilization activities
and strategies from locally invested funds as defined in OAR 423-001-006 (20). All
community mobilization activities and strategies funded with locally invested funds
must use proven practices of effectiveness and outcomes data must be reported for
each activity and strategy.
(3) Medicaid (Title XIX): Local
Commissions may allocate a combined total of up to 5 percent from Medicaid (Title
XIX) claims for reimbursement of documented costs of administering Medicaid (Title
XIX). There is no limit to the amount of Medicaid (Title XIX) claims that can be
allocated to service providers so long as the Medicaid (Title XIX) earnings are
reinvested in the program from which they were earned.
(4) Local Commissions may allocate
up to a total of 4 percent of Healthy Start General Fund for contract management
functions.
(5) Limitation on Usage:
(a) Consistent with the terms
and conditions in the Intergovernmental Agreement, all budget allocations will be
directly related to at least one strategy in the Local Plan, meet the purpose and
restrictions of each program area and grant stream, and have measurable outcomes.
(b) Service provider contracts:
Counties may allocate funds to providers for the cost of services or activities
to children and families, however all services or activities must be identified
in the Local Plan.
(c) Services and programs funded
by another federal or state funding source cannot be funded with OCCF dollars when
blending of those funds are not allowed by state or federal agreements or when duplication
will occur.
(d) County Indirect/Direct Cost
Assessment: Counties may assess direct and indirect charges from the Basic Capacity
funding stream at an assessment no higher than 10 percent of the total annual Local
Commission allocation from the Agency less funding streams expressly disallowed
by state or federal statute or rule. This rule is subject to monitoring and review
by the Agency.
(6) A Local Commission may not
provide direct services as defined in OAR 423-001-0006(11). However a Local Commission may
provide direct services for children, youth or families for a period not to exceed
six months under conditions determined in ORS 417.775(2)(a) through (b). The State
Commission will not allow an extension beyond six months. Local Commissions not
in compliance with this section will be subject to withholding of funds described
in OAR 423-010-0027(9).
(7) Agency Approval: Budget allocations
effectuated pursuant to the Intergovernmental Agreement and amendments will be subject
to Agency review and approval.
Stat. Auth.: ORS 417.705 - 417.797

Stats. Implemented: ORS 417.705
- 417.797

Hist.: CCF 3-1994, f. &
cert. ef. 5-18-94; CCF 1-1995, f. & cert. ef. 8-1-95; CCF 1-1997, f. 12-15-97,
cert. ef. 12-19-97; OCCF 1-2002, f. & cert. ef. 1-14-02; OCCF 1-2004, f. &
cert. ef. 9-15-04; OCCF 3-2007(Temp), f. 5-8-07, cert. ef. 5-11-07 thru 9-7-07;
Administrative correction 8-16-07; OCCF 2-2008(Temp), f. & cert. ef. 6-30-08
thru 11-25-08; OCCF 3-2008, f. & cert. ef. 12-12-08; OCCF 1-2012, f. & cert.
ef. 6-1-12
423-010-0024
Program Purposes and Restrictions
Activities and initiatives will
have measurable outcomes and support county goals adopted in the Local Plan. These
outcomes will be reported using the format and timeline prescribed by the Agency.
It is the intent of the State Commission that activities and initiatives will be
provided in a culturally competent and gender-specific manner that reflects the
population, needs and resources of the county. The following purposes and restrictions
will apply to county allocations:
(1) Program Area: Great Start:
(a) Age: Prenatal services to
expectant mothers, children 0 through eight years of age and the children's families;
(b) Service Areas: Programs
and services that promote outcomes identified in the Local Plan including, but not
limited to, research-based early childhood programs and services in county settings
that meet the needs of the community.
(2) Program Area: Child Care
and Development Fund:
(a) Age: 0 up to 13 years of
age, except children with special needs 0 up to 18 years of age;
(b) Service areas: Program and
services support priorities established in the State Plan for the Federal Child
Care and Development Fund and the Child Care and Development Fund Guidelines. Both
documents are available on the Agency’s website or by contacting the Agency.
(3) Program Area: Children,
Youth and Families Fund:
(a) Age: 0 through 18 and their
families;
(b) Service Area: Programs and
services supported with Children, Youth and Families Funds will be used to promote
outcomes identified in the local comprehensive plans. These funds must support research-based
services, systems, initiatives, and programs. These funds are intended to allow
maximum flexibility by counties to fund those areas of highest priority.
(4) Program Area: Court Appointed
Special Advocates (CASA):
(a) Age: 0 through 18 years
of age;
(b) Service areas: CASA programs
provide for the recruitment, training, support and supervision of CASA. See OAR
423-045-0030 through 423-045-0035.
(5) Program Area: Youth Investment:
(a) Age: Ages 13 through 18
years, although 11 and 12 year olds may be included where appropriate;
(b) Service Areas: Services
to non-delinquent youth who are chronically acting out or are victims of neglect.
Programs and services will promote outcomes identified in the Local Plan. Youth
are considered chronically acting out when they are exhibiting school behavior problems,
are out of parental control, are runaway and homeless, or are exhibiting other risk
factors. Youth are non-delinquent if they have no history of, or current involvement
with, the juvenile justice system, or have been diverted from the juvenile justice
system. Youth who have been referred to a juvenile department for a criminal activity,
or who have been placed on an informal accountability agreement are not considered
to be non-delinquent for purposes of this funding. These funds must support research-based
services, systems, initiatives and programs.
(6) Program Area: Healthy Start:
(a) Age: Children prenatal through
five and their families;
(b) Service Areas: Provide funding
for voluntary family support services following the Healthy Families America model.
See OAR 423-045-0005 through 423-045-0015.
(7) Program Area: Family Support
Services:
(a) Age: All children and their
families;
(b) Service Areas:
(A) Family Support Services:
Family support services means community-based services to promote the well-being
of children and families designed to increase the strength and stability of families
(including adoptive, foster, and extended families), to increase parents' confidence
and competence in their parenting abilities, to afford children a safe, stable and
supportive family environment, to strengthen parental relationships and promote
healthy marriages, and otherwise to enhance child development. US Department
of Health and Human Services, Administration for Children and Families.
(B) Family Support Services
must be (1) Family-focused and targeted to the family and not only the child or
other individual family member(s); (2) Must be focused on at-risk families so that
the services will have an impact on the population that would otherwise require
services from DHS, Children, Adults and Families (CAF); and (3) Focus on child welfare
(not educational needs or other services which are the responsibility of other agencies).
Family Support (Title IV-(B)(2)) funds allocated to counties may not be used for
family preservation or family reunification services as these are services provided
by DHS-CAF.
(C) Family Support Services
funds are federal Title IV-B(2). Use and expenditure of these funds must meet all
federal requirements. Family support services may include:
(i) Services, including in-home
visits, parent support groups, and other programs designed to improve parenting
skills (by reinforcing parents' confidence in their strengths, and helping them
to identify where improvement is needed and to obtain assistance in improving those
skills) with respect to matters such as child development, family budgeting, coping
with stress, health, and nutrition. Example of programs may include Parenting Classes,
Parent-to-Parent Support, and In-Home Visitation classes;
(ii) Respite care of children
to provide temporary relief for parents and other caregivers. Example of program
may include Family Respite Care;
(iii) Structured activities
involving parents and children to strengthen the parent-child relationship. Example
of program may include Healthy Start;
(iv) Drop-in centers to afford
families opportunities for informal interaction with other families and with program
staff. Example of program may include Family Resource Centers;
(v) Transportation, information
and referral services to afford families access to other community services, including
child care, health care, nutrition programs, adult education literacy programs,
legal services, and counseling and mentoring services. Example of programs
may include Dial-a-ride, Child Care Referral, and Outreach Centers;
(vi) Early developmental screening of children
to assess the needs of such children, and assistance to families in securing specific
services to meet these needs. Example of programs may include Healthy Start.
(8) Program Area: Relief Nurseries:
(a) Clients: The clients of
Relief Nurseries are children birth through age five and their parents or caregivers
who have multiple risk factors linked to child abuse and neglect. Some children
may turn six years of age and continue in the program until the start of school;
(b) Service Areas: Relief Nurseries
are community-based organizations that seek to prevent the cycle of child abuse
and neglect through early intervention programs that focus on developing successful
and resilient children, strengthening family skills of parents or caregivers, and
preserving families. Relief Nursery services are offered within a comprehensive
and integrated early childhood and family support system to appropriately meet the
needs of the individual family with children who have been abused or are at risk
of child abuse and neglect. Relief Nurseries must include therapeutic early childhood
education programs, home visitation and parent education and support. Relief Nursery
services are voluntary, strength-based, culturally appropriate, and designed to
achieve appropriate early-childhood benchmarks and healthy family functioning.
(c) Eligibility for State Funding:
(A) An emerging Relief Nursery
must work collaboratively with the Local Commission to ensure that the program is
consistent and aligned with the Local Comprehensive Plan. Relief Nurseries must
participate in local community efforts to develop and implement an early childhood
system of supports and services towards the achievement of positive outcomes for
children and families, maximizing the effective use of available resources and avoiding
duplication of services;
(B) Applications for State Funding
must be submitted to the Agency by the Local Commission in the county where an emerging
Relief Nursery exists. The application process must include no less than three existing
Relief Nursery program directors in review and approval of the Relief Nursery program
for meeting the requirements in OAR 423-045-0101 through 0185. The Local Commission
will submit review and approval documentation to the Agency with the application
for State Funding;
(C) Eligibility for State funding
requires local community financial support as described in OAR 423-0024(8)(d) Matching
Funds.
(d) Matching Funds: To be eligible
to receive state funds, Relief Nursery programs are required to provide matching
community financial support equal to a minimum of 25 percent of any state allocation;
(e) Funding Processes for Existing
Relief Nurseries:
(A) Local Commissions are not
required to do a competitive process every biennium to fund existing Relief Nurseries;
(B) Local Commissions may consider
a competitive or collaborative funding process when significant changes occur within
an existing Relief Nursery or when the Local Commission determines necessary.
Stat. Auth.: ORS 417.705–417.797
& 419A.170

Stats. Implemented: ORS 417.705–417.900
& 419A.170

Hist.: CCF 3-1994, f. &
cert. ef. 5-18-94; CCF 1-1995, f. & cert. ef. 8-1-95; CCF 1-1997, f. 12-15-97,
cert. ef. 12-19-97; OCCF 1-2002, f. & cert. ef. 1-14-02; OCCF 1-2004, f. &
cert. ef. 9-15-04; OCCF 1-2007, f. & cert. ef. 2-12-07; OCCF 1-2008, f. &
cert. ef. 4-16-08; OCCF 1-2011, f. 9-12-11
423-010-0026
Plan Approval
(1) The State Commission may
delegate authority to the Agency to approve plans, plan updates and plan amendments,
or budgets. If a Local Commission contests an Agency recommendation or decision,
the Local Commission may appeal the recommendation or decision to the State Commission.
(2) Local Plans will be for
six years in duration from the time of approval by the State Commission Representatives
from Local Commissions may participate in the development of the format and process.
During the six year plan duration, a plan may be amended as needed by the county
to respond to new issues or opportunities. The Agency will review plan amendments
following a similar process as the plan approval. (3) The State Commission will
review and approve the Local Plan and amendments, except for any portions pertaining
to alcohol and drug prevention and treatment plans, local mental health service
plans and public health plans, in conjunction with other child- and family-serving
state agencies as noted in ORS 417.735(4). All plans and plan amendments must meet
the following minimum requirements:
(a) Signed by the Board of County
Commissioners,
(b) Meets guidelines developed
through state and local agency collaboration and provided in advance to counties,
and
(c) Demonstrates that appropriate
systems and planning connections were met, such as inclusion of diverse populations
and broad involvement by citizens and organizations.
(4) Under the conditions outlined
in ORS 417.735(4), the State Commission may disapprove a Local Plan in whole or
in part only upon making specific findings that the Local Plan substantially fails
to conform to the principles, characteristics and values identified in ORS 417.710-417.725
and 417.735(4), for failure to address the elements required in OAR 423-010-0026(3),
or that the Local Plan fails to conform with the planning process requirements of
ORS 417.775. If the State Commission disapproves a Local Plan in part or whole,
the State Commission will provide the Local Commission with written comments on
the areas of the Local Plan that led to the disapproval within 90 days of the receipt
of the plan. If the State Commission disapproves only part of the Local Plan, the
remainder of the Local Plan may be implemented. The Agency will provide technical
assistance for remedying the deficiencies in the planning process or the local early
childhood system planning. The State Commission will set a date by which the Local
Plan or the deficient portion thereof will be revised and resubmitted.
(5) The State Commission approval
or disapproval will not apply to the components of the Local Plan or amendments
that relate to local alcohol and drug prevention and treatment planning, local public
health or mental health service plans, or high-risk juvenile crime prevention planning.
(6) Following approval of a
Plan or plan amendment, the State Commission, or its delegate, will send to the
BOCC a notification of plan approval, including any special conditions attached
to the approval and any actions required before disbursement of funds to implement
the plan.
Stat. Auth.: ORS 183 & 417.705
- 417.797

Stats. Implemented:

Hist.: JSC 1-1984, f. 12-28-84,
ef. 1-1-85; JSC 1-1986, f. & ef. 12-29-86; CCYS 3-1990, f. & cert. ef. 12-24-90
(and corrected 3-5-91); CCF 2-1994(Temp), f. & cert. ef. 3-10-94; CCF 3-1994,
f. & cert. ef. 5-18-94; OCCF 1-2002, f. & cert. ef. 1-14-02; OCCF 1-2004,
f. & cert. ef. 9-15-04; OCCF 1-2012, f. & cert. ef. 6-1-12
423-010-0027
Budgetary Allocations
(1) Release of Funds: The Agency may disburse funds to counties in conjunction with the beginning of each fiscal year or periodically throughout the year pursuant to an Intergovernmental Agreement that has been fully executed by the State Commission and the county. A county will request funds on a form prescribed by the Agency. The Agency may withhold funds from a county that is not in compliance with the requirements specified in these rules or the terms of the Intergovernmental Agreement including any amendments thereto. Any funds disbursed to a county under an approved Intergovernmental Agreement will be used only for those services and purposes set forth in ORS 417.705 through 417.797, 419A.170, the Intergovernmental Agreement and these Administrative Rules.
(2) All applicable federal, state, and local laws including, but not limited to, OMB A-87 Cost Principles for State, Local, and Indian Tribal Governments, Single Audit Act of 1996, OMB A-133 Audits of State, Local Governments and Non-Profit Organizations, Title VI of the Civil Rights Act of 1964, and Title II of the Americans with Disabilities Act of 1990, Section 504 of the Rehabilitation Act of 1973, and the Pro-Child Act of 1995 must be followed. Local Commission budget allocations and Intergovernmental Agreements will be approved and monitored by the Agency. Primary emphasis of county allocations will be on the delivery of resources to children, youth or families.
(3) The BOCC will sign an Intergovernmental Agreement document with the Agency. The county will not use the grant monies to reimburse any person or entity for expenditures made, or to pay for any expenses incurred, prior to the effective date of the Intergovernmental Agreement.
(4) Budget Amendments: A county will notify the Agency of any change in a budget previously approved by the Agency by submitting a Budget Distribution in a format prescribed by the Agency. The Budget Distribution will be approved in writing by the Agency (or its delegate), Local Commission chairperson, or, if authorized by the Local Commission, the Local Commission director, and BOCC before funds can be expended pursuant to the Intergovernmental Agreement.
(5) Reverting Funds: Any Grant monies, State or Federal, disbursed to a county that are not obligated or expended by the county in accordance with the Intergovernmental Agreement by the end of the biennium, must be returned to the Agency unless the Agency permits such funds to be carried over or extended as follows:
(a) The Local Commission has submitted to the Agency a Budget Distribution, and request for a carryover or extension in a format set by the Agency, describing the proposed use of those monies, consistent with ORS 417.705 through 417.797 and 419A.170; and
(b) The proposed use provides that the funds will be expended within the first 90 days of the next biennium.
(c) The Agency may deny a request for carryover or extension from a Local Commission if the Agency finds any of the following concerning the prior biennium activities or the proposed use(s):
(A) The Local Commission is found to be using funds, or proposes to use the funds, for purposes other than those authorized pursuant to the Local Plan or Intergovernmental Agreement;
(B) The Local Commission on Children and Families failed to submit timely, accurate, or complete fiscal reports or activity reports as required in OAR 423-010-0027(8); or failed to make timely corrections that remedied report deficiencies upon review and notice from the Agency;
(C) The Local Commission's operations failed to comply with federal or state statute, administrative rule or the Intergovernmental Agreement between the county and the Agency;
(D) The Local Commission's request for carryover or extension is in excess of 1/8 of the prior biennium funding stream allocation for that county.
(d) Before submission to the Agency, the Budget Distribution and request for carryover or extension must be approved and certified by the Local Commission chairperson or, if authorized by the Local Commission, the Local Commission director and BOCC.
(e) Funds not expended within the first 90 days of the next biennium will be returned to the State. Federal funds will be re-allocated at a statewide level. General funds will revert to the State treasury.
(6) Contractual Agreements: For funds allocated to the county by the Agency, a county will enter into a formal contractual agreement with any other agency, entity or person for expenditure of those funds. The contract for provider allocations should specify both desired and measurable outcomes that will measure success in achieving outcomes that are part of the Local Plan. The contract will also require that providers follow the requirements set forth in 7 and 8 of this rule.
(7) Fiscal Reports and Activity Reports:
(a) For funds allocated to the county by the Agency, all public and private agencies and persons receiving funding allocations will file reports with the Local Commission on the provider's fiscal and activity information as evidence of meeting the county's contractual agreement between the county and the provider. Reports will be submitted as required in the Intergovernmental Agreement.
(b) A request for a waiver, for the current reporting period, must be submitted in writing to the Agency. The Local Commission must remit a letter to include:
(A) Stating the hardship reason for the waiver (e.g. staff turnover, serious illness);
(B) Specifying the date reports will be sent to the Agency; and
(C) Assurance the next reports will be in by the next reporting period due date. The Agency must receive the request for waiver before the reporting due date. No funds will be released until all reports are received. Local Commissions that are unable to meet the due dates in at least three out of four consecutive reporting periods will receive funds on a reimbursement basis.
(c) The Local Commission will send to the Agency a fiscal and activity report on a form prescribed by the Agency. The reports will be certified by the BOCC or its delegate.
(d) The Local Commission will file with the Agency a final fiscal report for all funds received from the Agency in a biennium on a form prescribed by the Agency by November 1 of each odd-numbered year. The final fiscal report must be certified by the BOCC or its delegate.
(8) Records Management: All public and private agencies and persons receiving funding allocations from the Agency will retain all fiscal and program monitoring records of a funded program for a period not less than specified in OAR chapter 166, divisions 40 and 100 (County Records Retention). Records will be available for Agency, county and state audit upon request. A county or provider may be required to retain records for longer than specified in rule if an audit is in progress or discrepancies found in a previous audit have not been resolved. Such records will be subject to any applicable county regulations concerning retention of records and auditing procedures.
(9) Withholding of funds: The Agency may withhold funds from a county that is not in compliance with the federal, state, or local law or the Intergovernmental Agreement. Under the following conditions, the Agency may withhold funds from Local Commission:
(A) The Local Commission is found to be using funds for purposes other than those authorized pursuant to the Local Plan or Intergovernmental Agreement;
(B) The Local Commission failed to submit timely, accurate, or complete fiscal reports or activity reports as required in OAR 423-10-0027(7);
(C) The Local Commission's operations failed to comply with federal or state statute, administrative rule, or the Agreement between the Local Commission and the Agency or between the BOCC on behalf of the Local Commission and the Agency; or
(D) The Local Commission's activities have not achieved outcomes consistent with the best practices within that funding stream.
Stat. Auth.: ORS 417.705 - 417.797, 419A.170

Stats. Implemented: ORS 417.705 - 417.900, 419A.170

Hist.: CCF 3-1994, f. & cert. ef. 5-18-94; CCF 1-1995, f. & cert. ef. 8-1-95; CCF 1-1997, f. 12-15-97, cert. ef. 12-19-97; OCCF 1-2002, f. & cert. ef. 1-14-02; OCCF 1-2004, f. & cert. ef. 9-15-04
423-010-0028
Local Commission Funding Allocations
A Local Commission may make funding allocations anytime during the course of the biennium. A Local Commission will use a competitive or collaborative funding process to solicit and select proposals for program allocations at least once during the course of the biennium, except as stated in division 45 of these Administrative Rules. Local Commissions are required to comply with all applicable federal, state and local procurement requirements, and where appropriate the State Commission encourages the use of collaborative funding processes.
Stat. Auth.: ORS 417.705 - 417.797, 419A.170

Stats. Implemented: ORS 417.705 - 417.900, 419A.170

Hist.: CCF 1-1997, f. 12-15-97, cert. ef. 12-19-97; OCCF 1-2002, f. & cert. ef. 1-14-02; OCCF 1-2004, f. & cert. ef. 9-15-04
423-010-0036
Capital Expenditures; Ownership of Property
(1) Equipment and other capital expenditure items, with a value of over $5,000, purchased by a county or a provider with county funds allocated from the Agency will be the property of the county and subject to county policies on capital expenditures and equipment. When activity funding ends or an activity is terminated for any reason, the equipment purchased with funds allocated under the Act will revert to the county, except that, on the recommendation of the Local Commission, the Board of County Commissioners may allow the former provider to retain the equipment if it will continue to be used effectively in the provision of services to children, youth or families.
(2) Nothing in this rule will be interpreted to mean that Local Commission will retain inventory records on equipment with a value of $5,000 or less.
Stat. Auth.: ORS 183, 417.705 - 417.797 & 419A.170

Stats. Implemented:

Hist.: JSC 1-1984, f. 12-28-84, ef. 1-1-85; CCYS 3-1990, f. & cert. ef. 12-24-90 (and corrected 3-5-91); CCF 2-1994(Temp), f. & cert. ef. 3-10-94; CCF 3-1994, f. & cert. ef. 5-18-94; CCF 1-1995, f. & cert. ef. 8-1-95; OCCF 1-2002, f. & cert. ef. 1-14-02; OCCF 1-2004, f. & cert. ef. 9-15-04
423-010-0040
Prohibition Against Replacement of County Funds
Except as otherwise provided in ORS 417.780, funds received by a county from the Agency will not be used to replace county general funds or used to replace other state funding currently being used by the county for existing programs for children, youth or families.
Stat. Auth.: ORS 417.705 - 417.797, 419A.170

Stats. Implemented: ORS 417.705 - 417.900, 419A.170

Hist.: JSC 1-1984, f. 12-28-84, ef. 1-1-85; CCYS 3-1990, f. & cert. ef. 12-24-90 (and corrected 3-5-91); CCF 2-1994(Temp), f. & cert. ef. 3-10-94; CCF 3-1994, f. & cert. ef. 5-18-94; CCF 1-1995, f. & cert. ef. 8-1-95; CCF 1-1997, f. 12-15-97, cert. ef. 12-19-97; OCCF 1-2002, f. & cert. ef. 1-14-02; OCCF 1-2004, f. & cert. ef. 9-15-04

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