IN THE COURT OF CLAIMS OF OHIO
`
`SHARI BANKS
`
`Case No. 2024-00361AD
`
`Plaintiff
`
`V.
`
`Deputy Clerk Holly True Shaver
`
`MEMORANDUM DECISION
`
`OHIO DEPARTMENT OF JOB AND
`FAMILY SERVICES
`
`Defendant
`
`This matter is before the court for an administrative determination pursuant to
`R.C. 27 43.10. The deputy clerk determines that judgment should be entered in favor of
`defendant.
`Shari Banks ("plaintiff') operates a child care business that contracted with
`defendant, Ohio Department of Job and Family Services ("ODJFS"), to provide publicly
`funded child care. Plaintiff provided services to parents and billed ODJFS based on the
`hours of services provided to each child. See Ad min.Code 5101 :2-16-1 0(H). Plaintiff
`was required to document the hours/days of services she was paid for. Admin. Code
`5101 :2-16-12 gave ODJFS the authority to audit her performance via a Program
`Integrity Review. The contract gave ODJFS the unconditioned right to terminate the
`contract with 30 days' notice.
`An ODJFS audit found that plaintiff had billed for services she could not
`document providing and that she had misused personal identification information
`provided by a parent of a child she cared for. ODJFS therefore demanded repayment of
`the funds paid for the undocumented services and terminated the contract.
`Ms. Banks brings this case claiming that ODJFS breached the contract, seeking
`$10,000.00 in damages. Plaintiff was not required to submit the $25.00 filing fee.
`
`(
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`FILED -
`COURT Of CLAIMS
`OF OHIO
`202~ AUG 27 PH I: S4
`MEMORANDUM DECISION
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`Case No. 2024-00361 AD
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`ODJFS has filed an investigation report, plaintiff has responded, and the case is ripe for
`decision.
`"In order to prove a breach _of contract, a plaintiff must establish the existence
`and terms of a contract, the plaintiff's performance of the contract, the defendant's
`breach of the contract, and damage or loss to the plaintiff." Samadder v. DMF of Ohio,
`Inc., 2003-Ohio-5340, ,r 27 (10th Dist.). Although the existence and terms of the
`contract are undisputed, plaintiff has not proven her own performance or ODJFS'
`breach.
`Plaintiff's performance: The contract required Ms. Banks to substantiate the
`It
`delivery of the services she billed for and to only bill for services actually provided.
`also prohibited her from possessing or using the personal identification information of
`Investigation Report, Ex. A, ,r,r 5, 8, 14, 16, 22.
`the parents she provided services to.
`An ODJFS audit determined that she violated both of those provisions.
`Investigation
`report, Ex. B. Although plaintiff disputes those violations in this case, sworn testimony
`in another case-testimony she submitted as evidence here-adds some support to
`those findings. Response to Investigation Report, Audio Recording on flash drive,
`Banks v Smith, Lima M.C. No. 23CV01083 at 15:25-16:00, 21 :20-23:00, 26:00-26:40,
`29:50-30:20 (re billing errors); 37:00-37:10, 38:27-39:00 (re access to personal
`identification information). The deputy clerk therefore finds that the violations identified
`in the audit are credible and that they establish that plaintiff did not fully perform the
`contract.
`That is not changed by language in a dismissal entry in another case Ms. Banks
`brought against ODJFS. Investigation Report, Ex. E, p. 1. That statement indicated the
`absence of evidence of fraud, but that is not the same thing as a finding of performance;
`one can fail to perform a contract without committing fraud. Further, that statement was
`dicta because the actual holding was that the court making the statement lacked
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`FILED
`:COURT OF CLAlHS
`•• • 'OF OHIO
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`Case No. 2024-00361AD
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`2021t AUG 27 PH t: fi~
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`MEMORANDUM DECISION
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`jurisdiction. That court therefore made no findings regarding Ms. Banks' performance of
`
`the contract.
`
`Defendant's breach: The breach Ms. Banks alleges is ODJFS terminating the
`contract. The contract gave ODJFS an unconditioned right to terminate the contract
`after 30 days' notice. Investigation Report, Ex. A, 1J 39. It did not condition that right on
`the sufficiency of any finding of non-compliance. ODJFS gave the required notice. Id. at
`
`Ex. 8. It therefore did not violate the contract by terminating it.
`
`Judgment should therefore be entered for defendant.
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`

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`IN THE OHIO COURT OF CLAIMS
`
`SHARI BANKS
`
`Case No. 2024-00361AD
`
`Plaintiff
`
`V.
`
`OHIO DEPARTMENT OF JOB AND
`FAMILY SERVICES
`
`Defendant
`
`Deputy Clerk Holly True Shaver
`
`ENTRY OF ADMINISTRATIVE
`DETERMINATION
`
`Having considered all the evidence in the claim file, and for the reasons set forth
`in the memorandum decision filed concurrently herewith, judgment is rendered in favor
`
`of defendant. Court costs are assessed against plaintiff.
`
`cc:
`
`SHARI BANKS
`657 Prospect Avenue
`Lima OH 45804
`
`HOLLY TRUE SHAVER
`Deputy Clerk
`
`Kelly R. Richardson, Associate Asst. Attorney
`General, Counsel for Defendant
`OHIO DEPARTMENT OF JOB
`AND FAMILY SERVICES
`Health and Human Services Section
`30 East Broad Street, 26th Floor
`Columbus OH 43215
`
`019
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`~ lOURffl\l\Z.EO
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`®hio Court of Claims
`
`TO: Shari Banks
`657 Prospect Avenue
`Lima OH 45804
`
`NOTICE OF ADMINISTRATIVE
`DETERMINATION
`
`Case No. 2024-00361AD
`
`This Court has denied your claim pursuant to the attached Entry of Administrative
`Determination.
`
`You may appeal by filing a written motion for court review within thirty days of the
`date that the attached entry of administrative determination was journalized. (See Local
`Court of Claims Rule 7(G) which is printed on the back of this notice).
`
`Enclosure: Memorandum Decision and Entry
`
`THOMAS J. MOYER OHIO JUDICIAL CENTER • 65 SOUTH FRONT STREET, 3RD FLOOR • COLUMBUS, OHIO 43215
`TELEPHONE 614.387.9800 • WWW.OHIOCOURTOFCLAIMS.GOV
`
`