5101:2-14-22 Infant care and diaper care for a licensed type B home provider.

 

 

LEGAL NOTICE

 

STATE OF OHIO

DEPARTMENT OF JOB AND FAMILY SERVICES

 

 

Pursuant to Section 5104 and Chapter 119. of the Ohio Revised Code, the director of the Department of Job and Family Services gives notice of the department's intent to consider the adoption, rescission, and amendment of child care rules as identified below and of a public hearing thereon.

 

The adoption, rescission, and amendment of these Chapter 5101:2-14 and 5101:2-16 rules are due to the implementation of Am. Sub. H.B. 94 and completion of a five year rule review conducted by the Bureau of Child Care and Development.

 

The Chapter 5101:2-16 rule entitled 5101:2-16-35 "Eligibility determination" is proposed for amendment as follows: a family may apply for medicaid benefits at the same time of application for child care benefits by completing the JFS 01137 "Child Care/Healthy Start and Healthy Families Supplement".

 

The following Chapter 5101:2-14 rules are proposed for adoption, rescission or amendment as a result of ORC 119.032 five year rule review:

 

Rule 5101:2-14-01 "Definitions for certification of type B home providers and in-home aides" is amended as follows: new definitions are provided for absentee day, border state child care provider, caretaker, preschool child, school child, child with special needs and toddler.

 

Rule 5101:2-14-02 "Application for professional certification as a type B home provider or in-home aide" is amended as follows: the agency may deny an application if the agency determines that the applicant was previously certified as a limited or professional provider and his/her certificate was revoked; application for certification shall include verification of a high school diploma or GED, except for individuals certified before April 1, 2003; the requirements in the rule apply to all certified type B homes providing care that is privately or publicly funded.

 

Rule 5101:2-14-03 "Professional certification compliance inspection and complaint investigation of type B home providers and in-home aides" is amended as follows: inspect each type B home whether or not children are enrolled.

 

Rule 5101:2-14-04 "Issuance and renewal of a certificate for professional certification as a type B home provider or in-home aide" is amended as follows: the agency may choose not to renew a certificate for providers who have not provided child care services for more than six months; the requirements contained in these rules apply to all certified type B homes providing care that is privately or publicly funded.

 

Rule 5101:2-14-05 "Provider qualifications for professional certification as a type B home provider or in-home aide" is adopted as follows: shall have a high school diploma or GED, except for individuals certified before April 1, 2003; allow a provider to be examined by a certified nurse practitioner and allows a certified nurse practitioner to sign the ODJFS 01280 "Provider Medical

 

 

 

 

Statement." A certified nurse practitioner is a specific designation under Ohio law and does not include registered nurses or licensed practical nurses; the provider shall not discriminate in providing child care services based on handicap, race, color, religion, sex or national origin; the provider shall not use any information concerning eligible individuals for any purpose not directly related to the delivery of services, except upon written consent of the individual. This rule replaces rule 5101:2-14- 10.

Rule 5101:2-14-06 "Denial, revocation and withdrawal of professional certification as a type B home provider or in-home aide" is amended as follows: the applicant or provider cannot reapply for limited or professional certification for at least one year following denial of the application or revocation of the certificate; reasons for denial or revocation of the certificate also include delinquent overpayments owed to any CDJFS, history of child abuse or neglect or having had a child removed from the home, and an individual under the age of eighteen resides in the home and who has been adjudicated a delinquent child under section 5104.09 of the Revised Code; the agency shall notify the appropriate child care resource and referral agency and ODE when a provider's certificate has been revoked.

Rule 5101:2-14-07 "Fire safety for professional certification as a type B home provider or in-home aide" is amended as follows: no unprotected open flame, such as fireplaces, oil lamps or candles shall be allowed to burn in the home while care is provided.

Rule 5101:2-16-08 "Indoor space, programming and equipment for professional certification as a type B home provider or in-home aide" is adopted as follows: this rule adopts similar procedures and requirements for indoor space, programming and equipment as contained in Chapter 5101:2-13 for licensure of type A homes.

Rule 5101:2-14-10 "Provider qualifications for professional certification" is rescinded as follows: the requirements of this rule are now in rule 5101:2-14-05.

Rule 5101:2-14-11 "Offenses prohibiting certification as a limited or professional certified type B home provider, a limited or professional in-home aide, or an emergency or substitute caregiver" is amended as follows: PPI limited certified providers and all adults residing in the home shall only be required to complete the child care convictions statement, and are exempt from the BCII criminal background check, except if the agency has prior records check documentation from the provider's previous certification that there are disqualifying offenses, or a child has been removed from his/her home.

Rule 5101:2-14-13 "Continuing education for professional certification as a type B home provider or in-home aide" is amended as follows: each type B home provider certified before July 1, 1992 and in-home aide certified before October 1, 1997 shall complete the "Health and Safety in Family Child Care" course by March 31, 2005; not more than six months prior to or within twelve months of initial certification each provider shall complete training in child growth and development, first aid and CPR, prevention, recognition and management of communicable diseases, and child abuse recognition and prevention; Each provider shall accumulate at least six hours of training per year thereafter;   the CDJFS shall maintain on file a record of all required training completed by the

provider.

Rule 5101:2-14-14 "Emergency and substitute child care for professional certification as a type B home provider or in-home aide" is amended as follows: the provider shall designate an individual to serve as their emergency/substitute caregiver, and this person may be the same individual if he/she will serve in both capacities; emergency care shall not exceed one day at any one time, and substitute care shall not exceed fourteen consecutive days at any one time; an emergency/substitute caregiver, certified on or after April 1, 2003, shall complete the "Health and Safety in Family Child Care" course.

Rule 5101:2-14-16 "Group size for professional certification as a type B home provider or in-home aide" is amended as follows: children under six years of age and related to the provider shall be included in the total of six; children under fifteen years of age and not related to the provider shall be included in the total of six; children six years of age up to eighteen years of age and related to the provider and whose care is privately or publicly funded shall be included in the total of six.

Rule 5101:2-14-17 "Outdoor play for professional certification as a type B home provider or in-home aide" is adopted as follows: this rule adopts similar procedures and requirements for outdoor play as contained in Chapter 5101:2-13 for licensure of type A homes.

Rule 5101:2-14-18 "Napping, sleeping, evening and overnight care for professional certification as a type B home provider or in-home aide" is adopted as follows: this rule adopts similar procedures and requirements for sleeping and overnight care as contained in Chapter 5101:2-13 for licensure of type A homes.

Rule 5101:2-14-19 "Safe and sanitary equipment and environment for professional certification as a type B home provider or in-home aide" is adopted as follows: this rule adopts similar procedures and requirements for safe and sanitary equipment and environment as contained in Chapter 5101:2- 13 for licensure of type A homes.

Rule 5101:2-14-20 "Safety and supervision of children for professional certification as a type B home provider or in-home aide" is amended as follows: the provider shall not provide child care services for a minimum of six consecutive hours out of every twenty-four hour period, unless otherwise approved by the CDJFS.

Rule 5101:2-14-21 "Transportation and field trip safety for professional certification as a type B home provider or in-home aide" is amended as follows: children shall never be left alone in a vehicle without the provider or emergency/substitute caregiver; if another person will be transporting children without the provider being present, that individual shall be the emergency/substitute caregiver; the provider shall ensure that the individual transporting children shall have a valid driver's license, insurance coverage, and written permission from the caretaker to transport children.

Rule 5101:2-14-22 "Child guidance and management for professional certification as a type B home provider or in-home aide" is adopted as follows: this rule adopts similar procedures and requirements for child guidance and management as contained in Chapter 5101:2-13 for licensure of

type A homes.

Rule 5101:2-14-23 "Professional certification unlawful discriminatory practices" is rescinded as follows:  this requirement is removed from this rule and is now contained in rule 5101:2-14-05.

Rule 5101:2-14-24 "Caretaker/provider responsibilities for professional certification as a type B home provider or in-home aide" is amended as follows: the caretaker and provider shall jointly discuss and complete a written agreement using the JFS 01634 "Caretaker/Provider Agreement".

Rule 5101:2-14-26 "Records requirement for professional certification as a type B home provider or in-home aide" is amended as follows: the JFS 01932 "Child's Health Record" shall be reviewed and updated annually by the caretaker; The provider shall maintain a daily attendance record, signed by the caretaker, indicating the hours of services provided for each child in care.

Rule 5101:2-14-27 "Care of children with special needs or health conditions for professional certification as a type B home provider or in-home aide" is amended as follows: if a special need or health condition is known or suspected, the CDJFS shall require the caretaker to obtain a medical statement using the JFS 01932 "Child's Health Record" signed by a physician; This record shall be reviewed and updated annually by a physician.

Rule 5101:2-14-28 "Medical and dental emergency plan for professional certification as a type B home provider or in-home aide" is amended as follows: explains what is meant by a serious incident, injury, or illness; clarifies when the JFS 01299 "Incident/Injury Report" should be used; clarifies other circumstances that shall be reported to the CDJFS by the provider; the CDJFS shall fax the incident/injury report to the bureau of child care and development within one business day from receipt of the report.

Rule 5101:2-14-29 "First-aid supplies and procedures for professional certification as a type B home provider or in-home aide" is amended as follows: the first aid box shall also include sterile adhesive bandages, non-mercury thermometers, and disposable gloves; the provider shall have supplies to practice basic universal precaution procedures.

Rule 5101:2-14-30 "Management of communicable disease for professional certification as a type B home provider or in-home aide" is amended as follows: requirements for the management of communicable disease.

Rule 5101:2-14-31 "Administration of medication for professional certification as a type B home provider or in-home aide" is adopted as follows: this rule adopts similar procedures and requirements for administration of medication as contained in Chapter 5101:2-13 for licensure of type A homes.

Rule 5101:2-14-32 "Meal preparation/nutritional requirements for professional certification as a type B home provider or in-home aide" is amended as follows: the provider is responsible for serving varied, nutritious and appropriately timed meals and snacks.

Rule 5101:2-14-35 "Diaper care for professional certification as a type B home provider or in-home aide" is amended as follows: the provider shall regularly check diapers and change immediately when soiled; clothing shall also be changed when soiled; the provider shall wash all soiled areas of the child's body.

Rule 5101:2-14-36 "Crib and playpen requirements for professional certification as a type B home provider or in-home aide" is adopted as follows: this rule adopts similar procedures and requirements for cribs and playpens as contained in Chapter 5101:2-13 for licensure of type A homes.

Rule 5101:2-14-37 "Swimming and water safety requirements for professional certification as a type B home provider or in-home aide" is amended as follows: the provider shall not allow use of the pool by children who are in care, except for wading pools under two feet in depth; approved off-site swimming sites shall meet all state and local guidelines for environmental health inspections; swimming activities shall not be permitted in lakes, ponds, rivers, creeks or similar bodies of water.

Rule 5101:2-14-40 entitled "Appeal review procedures for limited and professional certification" is amended as follows: the CDJFS shall not discourage, limit, or interfere with an applicant's or provider's right to request a county appeal review; evidence presented at the appeal review shall be recorded.

Rule 5101:2-14-55 "Application, approval and renewal for limited certification as a type B home provider or in-home aide" is amended as follows: the agency may deny an application if the agency determines that the applicant was previously certified as a limited or professional provider and his/her certificate was revoked; at time of application the agency shall also send the provider the JFS 01280 "Provider Medical Statement," JFS 01932 "Child's Health Record," JFS 01297 "Emergency Transportation Authorization," and JFS 01634 "Caretaker/Provider Agreement"; the PPI provider and all adults residing in the PPI home are exempt from the BCII criminal records check, except if the agency has prior records check documentation from the provider's previous limited or professional certification that there are disqualifying offenses, or a child has been removed from the home; the agency shall contact the caretaker to set up an interview with the caretaker and provider at the provider's home or at the agency to review the inspection form, and advise the provider of any areas of noncompliance and corrective action to be taken by the provider before the home can be certified.

5101:2-14-57 "Inspection and investigation for limited certification as a type B home provider or in- home aide" is amended as follows: the agency shall conduct an interview at the home of the PPI provider or at the agency to verify compliance with health and safety requirements; this interview shall be conducted before a provisional limited certificate is issued, and may be conducted upon recertification at the time the two year limited certification expires or upon relocation by the provider; the caretaker shall submit the inspection form to the agency within thirty days prior to the expiration of the two year certification period.

Rule 5101:2-14-58 entitled "Provider responsibilities for limited certification" is amended as follows: the provider shall be at least eighteen years of age; the provider shall allow the agency to inspect all

areas of the home; for those individuals who are certified on or after April 1, 2003, shall complete, not more than six months prior to or within three months of initial certification, the "Health and Safety in Family Child Care" course; for those individuals certified before April 1, 2003, shall complete the course no later than March 31, 2005; the JFS 01932 "Child's Health Record" shall be on file by the first day of attendance; this record shall be reviewed and updated annually by the caretaker; the agency shall fax the JFS 01299 "Incident/Injury Report" to the bureau within one business day from receipt of the report; the provider shall not permit any person to smoke in a vehicle while transporting children; the provider shall not be involved in any activities or employment which interferes with the care of children; the provider shall not use or disclose any information concerning eligible individuals for any purpose not directly related to the delivery of services, except upon written consent of the eligible individual or a responsible caretaker or guardian.

Rule 5101:2-14-60 "Denial, revocation and termination of limited certification as a type B home provider or in-home aide" is amended as follows: the applicant or provider cannot reapply for limited or professional certification for at least one year following denial of the application or revocation of the certificate; reasons for denial of an application or revocation of a certificate may also include failure to cooperate with the agency in the certification process or complaint investigation, misrepresentation or withholding of information, delinquent overpayments owed to any CDJFS, and the provider has a substantiated history of child abuse or neglect; the agency may terminate the limited certificate when the provider has not provided child care for more than six months.

Rule 5101:2-14-61 "County department of job and family services certification responsibilities" is amended as follows: the agency shall retain provider records according to the county retention schedule; additional requirements approved by the bureau shall be valid for two years; the agency shall provide or purchase, from a qualified trainer, a minimum of eighteen hours of training per year for certified providers.

Rule 5101:2-14-62 "Confidentiality involving a professional or limited certified provider:" no changes were necessary to this rule.

A copy of the proposed rules is available, without charge, to any person affected by them at the address listed below. The rules are also available on the internet at http://www.state.oh.us/odjfs/legal.htm. A public hearing on the proposed rules will be held on January 29, 2003 at 1:00 P.M. until all testimony is heard in the Lobby Hearing Room, Rhodes Office Tower, 30 E. Broad Street, Columbus, Ohio. Either written or verbal testimony on these rules will be taken at the public hearing. Additionally, written comments submitted or postmarked no later than January 29, 2003 will be treated as testimony.

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