5101:2-14-20 Supervision of children and child guidance for a licensed type B home provider.

 

 

 

 

PUBLIC HEARING NOTICE

OHIO DEPARTMENT OF JOB AND FAMILY SERVICES

 

DATE:                         11/21/2013

TIME:                        10:00 A.M.

LOCATION:               Room 3110 B, Rhodes State Office Tower

30 East Broad St., Columbus, Ohio 43215

 

Pursuant to sections 51014.018, 5104.019 and Chapter 119. of the Revised Code, the director of the Ohio Department of Job and Family Services gives notice of the department's intent to consider the adoption rules as identified below and of a public hearing thereon.

 

Rule 5101:2-14-02, entitled Application for certification as a professional type B home provider or in-home aide is being proposed for rescission to implement changes made to Ohio Revised Code Chapter 5104. by the language of Amended Substitute Senate Bill 316 of the 129th General Assembly.

 

Rule 5101:2-14-03, entitled Compliance inspection of type B home providers and in- home aides is being proposed for rescission to implement changes made to Ohio Revised Code Chapter 5104. by the language of Amended Substitute Senate Bill 316 of the 129th General Assembly.

 

Rule 5101:2-14-03.1, entitled Complaint investigation of professional and limited type B home providers and in-home aides is being proposed for rescission to implement changes made to Ohio Revised Code Chapter 5104. by the language of Amended Substitute Senate Bill 316 of the 129th General Assembly.

 

Rule 5101:2-14-04, entitled Issuance and renewal of professional certification as a type B home provider or in-home aide is being proposed for rescission to implement changes made to Ohio Revised Code Chapter 5104. by the language of Amended Substitute Senate Bill 316 of the 129th General Assembly.

 

Rule 5101:2-14-05, entitled Provider qualifications for professional certification as a type B provider or in-home aide is being proposed for rescission to implement changes made to Ohio Revised Code Chapter 5104. by the language of Amended Substitute Senate Bill 316 of the 129th General Assembly.

 

Rule 5101:2-14-06, entitled Denial, revocation and withdrawal of professional certification as a type B home provider or in-home aide is being proposed for rescission to implement changes made to Ohio Revised Code Chapter 5104. by the language of Amended Substitute Senate Bill 316 of the 129th General Assembly.

 

Rule 5101:2-14-07, entitled Fire safety for professional certification as a type B home provider or in-home aide is being proposed for rescission to implement changes made to

 

 

 

 

 

 

Ohio Revised Code Chapter 5104. by the language of Amended Substitute Senate Bill 316 of the 129th General Assembly.

Rule 5101:2-14-08, entitled Indoor space, programming and equipment for professional certification as a type B home provider or in-home aide is being proposed for rescission to implement changes made to Ohio Revised Code Chapter 5104. by the language of Amended Substitute Senate Bill 316 of the 129th General Assembly.

Rule 5101:2-14-11, entitled Offenses prohibiting requirements for criminal records checks for certification as a type B professional or limited home provider or in-home aide, or as an emergency or substitute caregiver is being proposed for rescission to implement changes made to Ohio Revised Code Chapter 5104. by the language of Amended Substitute Senate Bill 316 of the 129th General Assembly.

Rule 5101:2-14-13, entitled Training requirements for certification as a professional type B home provider or in-home aide is being proposed for rescission to implement changes made to Ohio Revised Code Chapter 5104. by the language of Amended Substitute Senate Bill 316 of the 129th General Assembly.

Rule 5101:2-14-14, entitled Emergency and substitute caregiver for type B home professional providers or in-home aides is being proposed for rescission to implement changes made to Ohio Revised Code Chapter 5104. by the language of Amended Substitute Senate Bill 316 of the 129th General Assembly.

Rule 5101:2-14-16, entitled Group size for professional certification as a type B home provider or in-home aide is being proposed for rescission to implement changes made to Ohio Revised Code Chapter 5104. by the language of Amended Substitute Senate Bill 316 of the 129th General Assembly.

Rule 5101:2-14-17, entitled Outdoor play for professional certification as a type B home provider or in-home aide is being proposed for rescission to implement changes made to Ohio Revised Code Chapter 5104. by the language of Amended Substitute Senate Bill 316 of the 129th General Assembly.

Rule 5101:2-14-18, entitled Evening and overnight care, sleeping and napping requirements for professional certification as a type B home provider or in-home aide is being proposed for rescission to implement changes made to Ohio Revised Code Chapter 5104. by the language of Amended Substitute Senate Bill 316 of the 129th General Assembly.

Rule 5101:2-14-19, entitled Safe and sanitary equipment and environment for professional certification as a type B home provider or in-home aide is being proposed for rescission to implement changes made to Ohio Revised Code Chapter 5104. by the language of Amended Substitute Senate Bill 316 of the 129th General Assembly.

Rule 5101:2-14-20, entitled Safety and supervision of children for professional certification as a type B home provider or in-home aide is being proposed for rescission to implement changes made to Ohio Revised Code Chapter 5104. by the language of Amended Substitute Senate Bill 316 of the 129th General Assembly.

Rule 5101:2-14-21, entitled Transportation and field trip safety for professional certification as a type B home provider or in-home aide is being proposed for rescission to implement changes made to Ohio Revised Code Chapter 5104. by the language of Amended Substitute Senate Bill 316 of the 129th General Assembly.

Rule 5101:2-14-22, entitled Child guidance and management for professional certification as a type B home provider or in-home aide is being proposed for rescission to implement changes made to Ohio Revised Code Chapter 5104. by the language of Amended Substitute Senate Bill 316 of the 129th General Assembly.

Rule 5101:2-14-24, entitled Caretaker/provider responsibilities for professional certification as a type B home provider or in-home aide is being proposed for rescission to implement changes made to Ohio Revised Code Chapter 5104. by the language of Amended Substitute Senate Bill 316 of the 129th General Assembly.

Rule 5101:2-14-26, entitled Records requirements for professional certification as a type B home provider or in-home aide is being proposed for rescission to implement changes made to Ohio Revised Code Chapter 5104. by the language of Amended Substitute Senate Bill 316 of the 129th General Assembly.

Rule 5101:2-14-27, entitled Care of children with special needs or health conditions for professional certification as a type B home provider or in-home aide is being proposed for rescission to implement changes made to Ohio Revised Code Chapter 5104. by the language of Amended Substitute Senate Bill 316 of the 129th General Assembly.

Rule 5101:2-14-28, entitled Medical and dental emergency plan for professional certification as a type B home provider or in-home aide is being proposed for rescission to implement changes made to Ohio Revised Code Chapter 5104. by the language of Amended Substitute Senate Bill 316 of the 129th General Assembly.

Rule 5101:2-14-29, entitled First-aid supplies and procedure for professional certification as a type B Home provider or in-home aide is being proposed for rescission to implement changes made to Ohio Revised Code Chapter 5104. by the language of Amended Substitute Senate Bill 316 of the 129th General Assembly.

Rule 5101:2-14-30, entitled Management of communicable disease for professional certification as a type B home provider or in-home aide is being proposed for rescission to implement changes made to Ohio Revised Code Chapter 5104. by the language of Amended Substitute Senate Bill 316 of the 129th General Assembly.

Rule 5101:2-14-31, entitled Administration of medication for professional certification as a type B home provider or in-home aide is being proposed for rescission to implement changes made to Ohio Revised Code Chapter 5104. by the language of Amended Substitute Senate Bill 316 of the 129th General Assembly.

Rule 5101:2-14-32, entitled Meal preparation/nutritional requirements for professional certification as a Type B home provider or in-home aide is being proposed for rescission to implement changes made to Ohio Revised Code Chapter 5104. by the language of Amended Substitute Senate Bill 316 of the 129th General Assembly.

Rule 5101:2-14-34, entitled Infant care for professional certification as a type B home provider or in-home aide is being proposed for rescission to implement changes made to Ohio Revised Code Chapter 5104. by the language of Amended Substitute Senate Bill 316 of the 129th General Assembly.

Rule 5101:2-14-35, entitled Diaper care for professional certification as a type B home provider or in-home aide is being proposed for rescission to implement changes made to Ohio Revised Code Chapter 5104. by the language of Amended Substitute Senate Bill 316 of the 129th General Assembly.

Rule 5101:2-14-36, entitled Crib and playpen requirements for professional certification as a type B home provider or in-home aide is being proposed for rescission to implement changes made to Ohio Revised Code Chapter 5104. by the language of Amended Substitute Senate Bill 316 of the 129th General Assembly.

Rule 5101:2-14-37, entitled Swimming and water safety requirements for professional certification as a type B home provider or in-home aide is being proposed for rescission to implement changes made to Ohio Revised Code Chapter 5104. by the language of Amended Substitute Senate Bill 316 of the 129th General Assembly.

Rule 5101:2-14-40, entitled Certification appeal procedures for professional and limited type B providers and in-home aides is being proposed for rescission to  implement changes made to Ohio Revised Code Chapter 5104. by the language of Amended Substitute Senate Bill 316 of the 129th General Assembly.

Rule 5101:2-14-55, entitled Application, and approval and renewal for limited certification as a type B home provider or in-home aide is being proposed for rescission to implement changes made to Ohio Revised Code Chapter 5104. by the language of Amended Substitute Senate Bill 316 of the 129th General Assembly.

Rule 5101:2-14-56, entitled Issuance and renewal of a certificate for limited certification as a type B home provider or in-home aide is being proposed for rescission to implement changes made to Ohio Revised Code Chapter 5104. by the language of Amended Substitute Senate Bill 316 of the 129th General Assembly.

Rule 5101:2-14-57, entitled Limited certification compliance inspection of inspection and investigation for limited certification as a type B home provider or provider or in-home aide is being proposed for rescission to implement changes made to Ohio Revised Code Chapter 5104. by the language of Amended Substitute Senate Bill 316 of the 129th General Assembly.

Rule 5101:2-14-58, entitled provider qualifications and responsibilities for limited certification as a type B home provider or in-home aide is being proposed for rescission to implement changes made to Ohio Revised Code Chapter 5104. by the language of Amended Substitute Senate Bill 316 of the 129th General Assembly.

Rule 5101:2-14-60, entitled Denial, termination and revocation and withdrawal of limited certification as a type B home provider or in-home aide is being proposed for rescission to implement changes made to Ohio Revised Code Chapter 5104. by the language of Amended Substitute Senate Bill 316 of the 129th General Assembly.

Rule 5101:2-14-61, entitled County department of job and family services certification responsibilities for certified type B providers and in-home aides is being proposed for rescission to implement changes made to Ohio Revised Code Chapter 5104. by the language of Amended Substitute Senate Bill 316 of the 129th General Assembly.

Rule 5101:2-14-62, entitled Confidentiality involving a professional or limited certified home provider or in-home aide is being proposed for rescission to implement changes made to Ohio Revised Code Chapter 5104. by the language of Amended Substitute Senate Bill 316 of the 129th General Assembly.

Rule 5101:2-14-01, entitled Definitions for licensed type B home providers and certified in-homes aides is being proposed for amendment to implement changes made to Ohio Revised Code Chapter 5104. by the language of Amended Substitute Senate Bill 316 of the 129th General Assembly. This rule has been revised by amending language under the "Type B Home" definition and deleting the following definitions:

•         "Agency inspected limited certification (AI)"

•         "Applicant"

•         "Border state child care provider"

•         "County department of job and family services"

•         "County director"

•         "Department"

•         "Director"

•         "Limited certification"

•         "Parent/provider inspected limited certification (PPI)"

•         "Professional certification"

•         "Provider"

•         "Provisional"

Rule 5101:2-14-02, entitled Application and issuance for a type B home provider license is  being  proposed  for  adoption  to  implement  changes  made  to  Ohio  Revised  Code

Chapter 5104. by the language of Amended Substitute Senate Bill 316 of the 129th General Assembly. It is replacing in part rescinded rules 5101:2-14-02 and 5101:2-14-04. This rule sets forth the application process and required documents for becoming a licensed Type B Home provider as well as the CDJFS responsibilities.

Rule 5101:2-14-03, entitled Compliance inspection and complaint investigation of a licensed type B home provider is being proposed for adoption to implement changes made to Ohio Revised Code Chapter 5104. by the language of Amended Substitute Senate Bill 316 of the 129th General Assembly. It is replacing in part rescinded rules 5101:2-14-03 and 5101:2-14-03.1. This rule sets forth the guidelines and timeframes for inspections and investigations of the Type B Home as well as the CDJFS responsibilities.

Rule 5101:2-14-04, entitled Denial and revocation of a licensed type B home provider is being proposed for adoption to implement changes made to Ohio Revised Code Chapter 5104. by the language of Amended Substitute Senate Bill 316 of the 129th General Assembly. It is replacing in part rescinded rule 5101:2-14-06. This rule sets forth the parameters for denying an application or revoking a Type B license as well as the CDJFS responsibilities.

Rule 5101:2-14-05, entitled Procedures for a licensed type B home provider operating under a provisional license is being proposed for adoption to implement changes made to Ohio Revised Code Chapter 5104. by the language of Amended Substitute Senate Bill 316 of the 129th General Assembly. This rule sets forth the operating requirements during the provisional license period for Type B Home providers.

Rule 5101:2-14-06, entitled Provider qualifications for a licensed type B home provider is being proposed for adoption to implement changes made to Ohio Revised  Code Chapter 5104. by the language of Amended Substitute Senate Bill 316 of the 129th General Assembly. It is replacing in part rescinded rules 5101:2-14-05 and 5101:2-14-24. This rule sets forth the requirements to become a licensed Type B Home provider.

Rule 5101:2-14-07, entitled Licensed type B home requirements for criminal records checks is being proposed for adoption to implement changes made to Ohio Revised Code Chapter 5104. by the language of Amended Substitute Senate Bill 316 of the 129th General Assembly. It is replacing in part rescinded rule 5101:2-14-11. This rule sets forth the requirements for who needs a criminal records check and when the records check needs to be completed as well as the rehabilitation standards for crimes.

Rule 5101:2-14-08, entitled Training requirements for a licensed type B home provider is being proposed for adoption to implement changes made to Ohio Revised  Code Chapter 5104. by the language of Amended Substitute Senate Bill 316 of the 129th General Assembly. It is replacing in part rescinded rule 5101:2-14-13. This rule sets forth the various types and hours of trainings needed to be completed by a Type B Home provider.

Rule 5101:2-14-09, entitled Emergency/substitute caregiver and employees for a licensed type B home provider is being proposed for adoption to implement changes made to Ohio Revised Code Chapter 5104. by the language of Amended Substitute Senate Bill 316 of the 129th General Assembly. It is replacing in part rescinded rule 5101:2-14-14. This rule sets forth the requirements and qualifications for emergency/substitute caregivers and employees for the licensed Type B Home.

Rule 5101:2-14-10, entitled Fire safety requirements for a licensed type B home provider is being proposed for adoption to implement changes made to Ohio Revised  Code Chapter 5104. by the language of Amended Substitute Senate Bill 316 of the 129th General Assembly. It is replacing in part rescinded rule 5101:2-14-07. This rule sets forth fire safety requirements for the licensed Type B Home provider.

Rule 5101:2-14-11, entitled Indoor and outdoor space requirements for a licensed type B home provider is being proposed for adoption to implement changes made to Ohio Revised Code Chapter 5104. by the language of Amended Substitute Senate Bill 316 of the 129th General Assembly. It is replacing in part rescinded rules 5101:2-14-08 and 5101:2-14-17. This rule sets forth all safety and space requirements for the licensed Type B Home.

Rule 5101:2-14-12, entitled Safe equipment and environment for a licensed type B home provider is being proposed for adoption to implement changes made to Ohio Revised Code Chapter 5104. by the language of Amended Substitute Senate Bill 316 of the 129th General Assembly. It is replacing in part rescinded rule 5101:2-14-19. This rule sets forth requirements for safe equipment in the licensed Type B Home.

Rule 5101:2-14-13, entitled Sanitary equipment and environment for a licensed type B home provider is being proposed for adoption to implement changes made to Ohio Revised Code Chapter 5104. by the language of Amended Substitute Senate Bill 316 of the 129th General Assembly. It is replacing in part rescinded rule 5101:2-14-19. This rule sets forth the requirements for a sanitary environment, cleaning guidelines and a smoke free environment for the licensed Type B Home provider.

Rule 5101:2-14-14, entitled Transportation and field trip safety for a licensed type B home provider is being proposed for adoption to implement changes made to Ohio Revised Code Chapter 5104. by the language of Amended Substitute Senate Bill 316 of the 129th General Assembly. It is replacing in part rescinded rules 5101:2-14-21. This rule sets forth the required documents needed when children are transported to and from the licensed Type B Home.

Rule 5101:2-14-15, entitled Child records requirements for a licensed type B home provider is being proposed for adoption to implement changes made to Ohio Revised Code Chapter 5104. by the language of Amended Substitute Senate Bill 316 of the 129th General Assembly. It is replacing in part rescinded rules 5101:2-14-26, 5101:2-14-27 and 5101:2-14-31.  This rule sets forth the required documentation that shall be in each child's

file in the Type B Home such as administering and proper storage of medication or documented health conditions.

Rule 5101:2-14-16, entitled Medical, dental, first aid and communicable disease procedures for a licensed type B home provider is being proposed for adoption to implement changes made to Ohio Revised Code Chapter 5104. by the language of Amended Substitute Senate Bill 316 of the 129th General Assembly. It is replacing in part rescinded rules 5101:2-14-28, 5101:2-14-29 and 5101:2-14-30. This rule sets forth the procedures for treating and reporting communicable diseases, what is to be included in the provider's first aid box and procedures for caring for sick children.

Rule 5101:2-14-17, entitled Programming and materials for a licensed type B home provider is being proposed for adoption to implement changes made to Ohio Revised Code Chapter 5104. by the language of Amended Substitute Senate Bill 316 of the 129th General Assembly. It is replacing in part rescinded rules 5101:2-14-08 and 5101:2-14-17. This rule sets forth the requirements for developmentally appropriate equipment and materials for the Type B Home.

Rule 5101:2-14-18, entitled Group size for a licensed type B home provider is being proposed for adoption to implement changes made to Ohio Revised Code Chapter 5104. by the language of Amended Substitute Senate Bill 316 of the 129th General Assembly. It is replacing in part rescinded rule 5101:2-14-16. This rule sets forth requirements for the number of children that may be in the home of the Type B Home provider at any given time.

Rule 5101:2-14-19, entitled Sleeping and napping requirements for a licensed type B home provider is being proposed for adoption to implement changes made to Ohio Revised Code Chapter 5104. by the language of Amended Substitute Senate Bill 316 of the 129th General Assembly. It is replacing in part rescinded rules 5101:2-14-18 and 5101:2-14-36. This rule sets forth the requirements for using cribs and playpens in the Type B Home.

Rule 5101:2-14-20, entitled Supervision of children and child guidance for a licensed type B home provider is being proposed for adoption to implement changes made to Ohio Revised Code Chapter 5104. by the language of Amended Substitute Senate Bill 316 of the 129th General Assembly. It is replacing in part rescinded rules 5101:2-14-20 and 5101:2-14-22. This rule sets forth the procedures for discipline techniques and child guidance.

Rule 5101:2-14-21, entitled Meal preparation/nutritional requirements for a licensed type B home provider is being proposed for adoption to implement changes made to Ohio Revised Code Chapter 5104. by the language of Amended Substitute Senate Bill 316 of the 129th General Assembly. It is replacing in part rescinded rules 5101:2-14-32. This rule sets forth meal and snack requirements in the Type B Home.

Rule 5101:2-14-22, entitled Infant care and diaper care for a licensed type B home provider is being proposed for adoption to implement changes made to Ohio Revised Code Chapter 5104. by the language of Amended Substitute Senate Bill 316 of the 129th General Assembly. It is replacing in part rescinded rules 5101:2-14-34 and 5101:2-14-35. This rule sets forth the requirements for general infant care, feeding infants, storing breast milk and diaper changing.

Rule 5101:2-14-23, entitled Swimming and water safety requirements for a licensed type B home provider is being proposed for adoption to implement changes made to Ohio Revised Code Chapter 5104. by the language of Amended Substitute Senate Bill 316 of the 129th General Assembly. It is replacing in part rescinded rule 5101:2-14-37. This rule sets forth the requirements for swimming and water depth requirements at the Type B Home and at any off-site facility.

Rule 5101:2-14-24, entitled Evening and overnight care requirements for a licensed type B home provider is being proposed for adoption to implement changes made to Ohio Revised Code Chapter 5104. by the language of Amended Substitute Senate Bill 316 of the 129th General Assembly. It is replacing in part rescinded rules 5101:2-14-18. This rule sets forth the requirements for the hours of operation for evening and overnight care at the licensed Type B Home.

Rule 5101:2-14-25, entitled County department of job and family services licensing responsibilities for type B home providers is being proposed for adoption to implement changes made to Ohio Revised Code Chapter 5104. by the language of Amended Substitute Senate Bill 316 of the 129th General Assembly. It is replacing in part rescinded rules 5101:2-14-61 and 5101:2-14-62. This rule sets forth requirements for the CDJFS regarding provider training, provider files, and information sharing when licensing a Type B Home provider.

Rule 5101:2-14-30, entitled Application and approval for certification as an in-home aide is being proposed for adoption to implement changes made to Ohio Revised  Code Chapter 5104. by the language of Amended Substitute Senate Bill 316 of the 129th General Assembly. It is replacing in part rescinded rules 5101:2-14-02, 2-14-04. This rule sets forth the procedures for application and approval for certification as an in-home aide.

Rule 5101:2-14-31, entitled Qualifications for certification as an in-home aide is being proposed for adoption to implement changes made to Ohio Revised Code Chapter 5104. by the language of Amended Substitute Senate Bill 316 of the 129th General Assembly. It is replacing in part rescinded rule 5101:2-14-05. This rule sets forth the qualifications for certification as an in-home aide.

Rule 5101:2-14-32, entitled In-home aide responsibilities and assurances is being proposed for adoption to implement changes made to Ohio Revised Code

Chapter 5104. by the language of Amended Substitute Senate Bill 316 of the 129th General Assembly. It is replacing in part rescinded rules 5101:2-14-19, 5101:2-14-20,

5101:2-14-22. This rule sets forth the responsibilities and assurances for the in-home aide and caretaker.

Rule 5101:2-14-33, entitled Safety requirements for in-home aides is being proposed for adoption to implement changes made to Ohio Revised Code

Chapter 5104. by the language of Amended Substitute Senate Bill 316 of the 129th General Assembly. It is replacing in part rescinded rule 5101:2-14-05. This rule sets forth the safety requirements for in-home aides.

Rule 5101:2-14-34, entitled County department of job and family services (CDJFS) responsibilities for the issuance and renewal for in-home aide (IHA) certification is being proposed for adoption to implement changes made to Ohio Revised Code Chapter 5104. by the language of Amended Substitute Senate Bill 316 of the 129th General Assembly. It is replacing in part rescinded rule

5101:2-14-02. This rule sets forth the procedures for the CDJFS for the issuance and renewal of in-home aide certifications.

5101:2-14-35, entitled County department of job and family services (CDJFS) responsibility for compliance and complaint investigation for an in-home aide (IHA) is being proposed for adoption to implement changes made to Ohio Revised Code Chapter 5104. by the language of Amended Substitute Senate Bill 316 of the 129th  General Assembly. It is replacing in part rescinded rules 5101:2-14-03, 5101: 2-14-03.1, and 5101:2-14-06. This rule sets forth the procedures for the CDJFS responsibilities for compliance and complaint investigation.

A copy of the proposed rules is available, without charge, to any person affected by the rules at the address listed below. The rules are also available on the internet at  http://www.registerofohio.state.oh.us/. A public hearing on the proposed rule(s) will be held at the date, time, and location listed at the top of this notice. Either written or oral testimony will be taken at the public hearing. Additionally, written comments submitted or postmarked no later than the date of the public hearing will be treated as testimony.

Requests for a copy of the proposed rules or comments on the rules should be submitted by mail to the Ohio Department of Job and Family Services, Office of Legal and Acquisition Services, 30 East Broad Street, 31st Floor, Columbus, Ohio 43215-3414, by fax at [phone], or by e-mail at [e-mail].