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Howard v. Hamilton County Department of Human Services12/3/1999
f the type-B family-day-care program, which was part of the "operation" of human-services departments under R.C. 2744.02(C)(2)(m). Also, because HCDHS had a duty under the law to enter into the Purchase of Child Day Care Services contract with certified type-B providers, we conclude that R.C. 2744.02(C)(2)(w) applies. It is true that private persons regularly contract with one another, but governmental entities also contract daily for governmental, as well as proprietary, services.
Therefore, we conclude that HCDHS's promulgation and enforcement of the contract with Russell were governmental functions. The exception to immunity under R.C. 2744.02(B)(2) does not apply here. We affirm the judgment of the trial court.
Judgment affirmed.
Hildebrandt, P.J., and Winkler, J., concur.
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