5101:2-14-03 Qualifications for certification as an in-home aide.

 

 

 

5101:2-14-03               Professional certification compliance inspection and complaint investigation of type B home providers and in-home aides.

 

 

 

(A)  The county department of job and family services (CDJFS) shall:

 

(1)   Inspect each type B home prior to the initial issuance of a certificate and at least twice within each twelve-month certification period whether or not children are enrolled. A minimum of one inspection shall be unannounced and all inspections may be unannounced.

 

(2)   Inspect the home of a child receiving in-home aide services. The home shall be inspected prior to the child care arrangement and at least twice within a twelve month certification period while the in-home aide is providing child care services. A minimum of one inspection shall be unannounced and all inspections may be unannounced.

 

(3)Investigate and may inspect a type B home or the home of a child receiving in-home aide services upon receipt of a complaint that the home is not in compliance with this chapter.

 

(a) Investigation of all complaints shall begin within five working days of receipt of a complaint;

 

(b) If the complaint alleges an immediate risk to children, the investigation shall begin within twenty-four hours of receipt of a complaint;

 

(c) If the complaint alleges child abuse or neglect, the CDJFS 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:

 

(i) Summary of the allegations;

 

(ii) Name of the reporter, unless he requests anonymity;

 

(iii) Summary of actions taken by the CDJFS or plans to initiate an investigation of noncompliance with regulations contained in Chapter 5101:2-14 of the Administrative Code; and

 

(iv) Request for clarification of joint or parallel investigation roles.

 

(d)Sharing of information between the PCSA and CDJFS shall be done in accordance with rules 5101:2-14-62 and 5101:2-34-38 of the Administrative Code.

 

A PCSA investigation does not relieve the CDJFS of its responsibility

 

 

to investigate provider noncompliance with regulations contained in Chapter 5101:2-14 of the Administrative Code unless the PCSA indicates that the CDJFS complaint investigation would interfere with its investigation of the case.

(B)  The type B home provider or in-home aide and caretaker shall permit the CDJFS to:

(1)    Complete inspection of all areas of the type B home or the home of a child receiving in-home aide services as required by Chapter 5101:2-14 of the Administrative Code;.

(2)   Review required records;.

(3)      Review any information or documentation as is necessary to determine compliance; and.

(4) Investigate a complaint involving the type B home provider or in-home aide. Failure to cooperate with the CDJFS shall be grounds for denial or revocation of a certificate.

(C)    For each inspection, the CDJFS shall complete the JFS 01926 "Inspection Report" (rev. 3/2008) and furnish one a copy to the type B home provider or the in-home aide and a copy to the caretaker within fifteen working days after the inspection. The CDJFS shall provide a copy of the inspection report to any person who submits a request to the CDJFS after removal of confidential information. Inspection reports shall be kept on file at the CDJFS.

(D) For each investigation, the CDJFS shall prepare a written report and complete the JFS 01921 "Complaint Disposition Report" and furnish one copy to the type B home provider or the in-home aide and caretaker within fifteen working days after completion of each complaint investigation. The CDJFS shall provide a copy of the report to any person who submits a request to the CDJFS after removal of confidential information. Reports shall be kept on file at the CDJFS.

(E)(D) When the CDJFS determines the type B home provider or in-home aide is not in compliance with this chapter and or Chapter 5104. of the Revised Code and the CDJFS does not propose revocation of the certificate, the CDJFS shall forward to the provider written notification which includes:

(1)   A statement of the alleged complaint and/or specific noncompliance findings;.

(2)   A statement of what must be done to correct the violation;.

(3)    The date, not to exceed thirty working days, by which the correction must be completed;.

(4)   A statement of the consequences if the provider fails to correct violations within the specified time frame; and.

(5)   A statement that the provider has the right to appeal the findings of the CDJFS and request a county appeal review in accordance with procedures outlined in rule 5101:2-14-40 of the Administrative Code.

(F)(E) The CDJFS may require that applicants and providers be in compliance with additional requirements, provided that the additional requirements exceed the rules in Chapter 5101:2-14 of the Administrative Code and do not conflict with Chapter 5104. of the Revised Code or Chapter 5101:2-14 of the Administrative Code. Additional requirements must be approved by the Ohio department of job and family services (ODJFS), prior to implementation, according to procedures contained in rule 5101:2-14-61 of the Administrative Code.

(G) When the CDJFS receives a report that a type B home may be caring for too many children in violation of section 5104.02 of the Revised Code, the CDJFS shall refer the report to the appropriate ODJFS child care licensing office which serves the county for investigation. If the home is certified, the CDJFS shall conduct an investigation according to procedures contained in this rule. If the provider fails to correct the violations, the CDJFS shall revoke the certificate.

(H)(F) Failure of the caretaker whose child is receiving in-home aide services to cooperate with the CDJFS or failure to comply with this chapter and Chapter 5104. of the Revised Code shall be cause for the CDJFS to terminate the in-home aide arrangement and inform the caretaker of alternative child care arrangements.

(I)(G) The type B home provider shall make available all inspection reports within the current certification period upon request of the caretaker.

Effective:                                                     05/01/2008

R.C. 119.032 review dates:                         11/30/2007 and 03/31/2013

CERTIFIED ELECTRONICALLY

Certification

03/11/2008

Date

Promulgated Under:                           119.03

Statutory Authority:                           5104.011, 5104.11, 5104.12

Rule Amplifies:                                  5104.011, 5104.11, 5104.12

Prior Effective Dates:                         4/1/82, 5/20/83, 9/1/86, 2/15/88, 5/1/89, 3/15/96,

10/1/97 (Emer.), 12/30/97, 4/1/03