AGO 1993-050.

• Case Date: December 02, 1993
• Court: Ohio

Ohio Attorney General Opinions 1993. AGO 1993-050. December 2, 1993OPINION NO. 1993-050Arnold R. Tompkins, Director Ohio Department of Human Services 30 East Broad Street Columbus, Ohio 43266-0423 Dear Director Tompkins: Your predecessor requested an opinion regarding the authority of the county prosecutor pursuant to R.C. 309.09 to act as legal adviser to a local cluster established by the county pursuant to R.C. 121.37.

R.C. 121.37 Requires Each County to Establish a Local Cluster for Services to Youth

R.C. 121.37 creates the Ohio family and children first cabinet council (the cabinet council). The cabinet council is composed of the superintendent of public instruction and the directors of youth services, human services, mental health, health, alcohol and drug addiction services, and mental retardation and developmental disabilities, and budget and management. The general purpose of the cabinet council is to help families desiring government services. R.C. 121.37(A), (B). R.C. 121.37(D) requires each county to establish a board to serve as "the local cluster for services to youth or, in the alternative, a county family and children first council which shall assume the responsibilities of the local cluster." Each local cluster or county council is comprised of

the executive director of the county agency responsible for the administration of children services under section 5153.15 of the Revised Code, a representative of the regional office of the department of youth services, the superintendent of the county board of mental retardation and developmental disabilities, the director of the board of alcohol, drug addiction, and mental health services, and the health commissioner of the board of health of each city or general health district in the county, or their designees. 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, shall be a member of the local cluster or county council. The superintendent of all school districts with territory in the county, other than the city, exempted village, or local school district with the largest number of pupils residing in the county, shall meet and designate one of their number to represent them as a member of the local cluster or county council.

Additionally, "[a] local cluster or county council may invite any other local public or private agency or group that provides services to children to have a representative become a permanent or temporary member of the local cluster or county council. The local cluster or county council may also invite parents to become permanent or temporary members of the cluster or council." R.C. 121.37(D). Each local cluster or county council makes periodic reports to the cabinet council, R.C. 121.37(E)(2), and must comply with "the policies, procedures, and activities prescribed by the rules of a state department participating on the cabinet council to the extent that the local cluster performs a function subject to those rules," R.C. 121.37(F)(1).(fn1) A local cluster may refer children to the cabinet council when it is unable to provide adequate services for those children R.C. 121.37(E)(1). However, "each local cluster shall be the final determinator of, and have responsibility for, the actual delivery of services." 6 Ohio Admin. Code 3301-51-27(H). Further, "[e]ach local cluster is responsible for coordination of the planning, developing and implementing of community-based programs, services, and resources to meet...