5101:2-14-07. County agency responsibility for compliance inspections and complaint investigations for an in-home aide

(A) What are the county agency requirements for compliance inspections and complaint investigations of an in-home aide (IHA)?

(1) The county shall conduct at least one compliance inspection annually.

(2) The county agency shall investigate any complaints against an IHA. The county agency may inspect the IHA home as part of the complaint investigation.

(3) Investigations of all complaints shall begin within five business days of receipt of a complaint by the county agency, unless the complaint falls under paragraph (B) of this rule.

(4) For each compliance inspection or complaint investigation, the county agency shall complete the JFS 01533 "In-Home Aide Inspection" (rev. 10/2017) and furnish one copy to the IHA before the county agency staff leaves the home. If additional information is added to the report or it is revised in any way, the county agency shall send a copy of the JFS 01533 to the IHA within five business days of the date of the addition or revision.

(5) If a JFS 01533 is completed as part of an investigation conducted by telephone, the county agency shall send a copy of the JFS 01533 to the IHA within five business days of the initial telephone contact. If additional information is added to the report or it is revised in any way, the county agency shall send a copy of the JFS 01533 to the IHA within five business days of the date of the addition or revision.

(6) The county agency shall submit electronic copies of the JFS 01533 to the Ohio child care licensing and quality system (OCLQS) within seven business days of completion.

(B) What are additional county agency requirements for complaint investigations?

(1) If the complaint alleges immediate risk to children, the county agency shall begin the investigation within one business day of receipt of the complaint.

(2) If the complaint alleges child abuse or neglect, the county agency shall immediately report the complaint to the public children services agency (PCSA). The oral report shall be followed with a written report to the PCSA, if requested by the PCSA. The written report shall contain the following:

(a) A summary of the allegations.

(b) The name of the reporter, unless anonymity is requested.

(c) A summary of the actions taken by the county agency or plans to initiate an investigation of noncompliance with the regulations contained in Chapter 5101:2-14 of the Administrative Code.

(d) A request of clarification of joint or parallel investigatory roles.

(3) A PCSA investigation does not relieve the county agency of its responsibility to investigate IHA noncompliance with regulations contained in Chapter 5101:2-14 of the Administrative Code unless the PCSA indicates that the county agency complaint investigation would interfere with the PCSA's investigation of the case.

(4) The county agency, after removal of confidential information, shall provide a copy of the JFS 01642 "In-Home Aide Assurances" (rev. 10/2017) to anyone who submits a request to the county agency. Inspection reports shall be kept on file at the county agency.

Effective: 10/20/2019
Five Year Review (FYR) Dates: 6/10/2019 and 10/20/2024
Promulgated Under: 119.03
Statutory Authority: 5104.019
Rule Amplifies: 5104.019 , 5104.12
Prior Effective Dates: 04/01/1982, 05/20/1983, 09/01/1986, 02/15/1988, 05/01/1989, 11/01/1991 (Emer.), 01/20/1992, 03/15/1996, 10/01/1997 (Emer.), 12/30/1997, 04/01/2003, 04/10/2003, 08/14/2008, 11/15/2010, 07/01/2011, 12/31/2016, 10/29/2017