5101:2-14-06 Provider qualifications for a licensed type B home provider.

 

 

 

5101:2-14-06               Denial, revocation and withdrawal of professional certification as a type B home provider or in-home aide.

 

 

 

(A)    If the county department of job and family services (CDJFS) determines that the applicant or provider is not in compliance with Chapter 5101:2-14 of the Administrative Code and or Chapter 5104. of the Revised Code, the CDJFS shall deny the application or may revoke the certificate. The applicant, or provider or spouse who resides in the home cannot reapply for limited or professional certification for at least one year following denial of the application,. The applicant, provider or any other relative who resides in the home shall not reapply for limited or professional certification for at least five years following the revocation of the certificate in this state or any other state, or the provider's voluntary withdrawal in this state or any other state, from the certification program as a result of CDJFS notification of its intent to revoke the provider's certificate due to a violation of the requirements of paragraph (B) of this rule.

 

(B)If the CDJFS determines the provider is not in compliance with Chapter 5101:2-14 of the Administrative Code and Chapter 5104. of the Revised Code, the CDJFS may revoke the certificate.

 

(C)(B) Reasons for denial of an application or revocation of a certificate may include but are not limited to the following:

 

(1)     Noncompliance  with  Chapter  5101:2-14  of  the  Administrative  Code  and Chapter 5104. of the Revised Code.;

 

(2)   Noncompliance with any additional CDJFS requirements approved by ODJFS pursuant to rule 5101:2-14-61 of the Administrative Code.;

 

(3)The CDJFS determines that the applicant was previously certified in this state or any other state as a limited or professional provider, and that in the last five years his or her certificate was revoked or the applicant voluntarily withdrew from the certification program as a result of CDJFS notification of its intent to revoke the certificate.

 

(3)(4) Failure to cooperate with the CDJFS in the certification process or complaint investigation including but not limited to, consistently being unavailable for announced and unannounced inspections conducted by the CDJFS;.

 

(4)(5) Fraudulent billing or accepting payment from the CDJFS for authorized services not rendered or for unauthorized services.;

 

(5)(6) Misrepresentation, falsification or withholding of information.;

 

 

 

 

(6)(7) Delinquent child care overpayments owed to any CDJFS.;

(8)  Delinquent  child  care  copayment  owed  to  a  child  care  provider,  unless satisfactory arrangements have been made to pay the delinquent copayment.

(7)(9) An individual under the age of eighteen resides in the home and has been adjudicated a delinquent child for committing a violation of any section listed in section 5104.09 of the Revised Code.

(10) An individual eighteen years of age or older resides in the home and has previously been convicted of or pleaded guilty to a violation of any section listed in section 5104.013 or 5104.09 of the Revised Code, unless the individual meets all of the criteria for rehabilitation outlined in rule 5101:2-14-11 of the Administrative Code and has been approved by the CDJFS.

(11) The CDJFS has determined through the results of the JFS 01302 "Request for Child Abuse and Neglect Report Information" (rev. 9/2006) or any other means, that there is an individual, of any age, who resides in the home and whose behavior or health may endanger the health, safety or well being of children in care at the home.

(D)(C) The CDJFS shall not only revoke a certificate prior to after conducting a county appeal review in accordance with procedures outlined in rule 5101:2-14-40 of the Administrator Administrative Code unless one of the following occurs:

(1)     The public children services agency (PCSA), CDJFS or a law enforcement agency determines that children are at risk of being abused or neglected or conditions in the type B home or the home of a child receiving in-home aide services endanger the health, safety or well-being of children.

(2)     The PCSA, a law enforcement agency or the court have determined that children have been abused or neglected while in the type B home or under the care of the type B home provider or in-home aide.

(3)     Results from the bureau of criminal identification and investigation (BCII) criminal records check indicate the type B home provider, adults residing in the type B home or the in-home aide have been convicted of or pleaded guilty to the offenses or violations listed in section 5104.013 or 5104.09 of the Revised Code, and the CDJFS has determined they do not meet the criteria for rehabilitation outlined in rule 5101:2-14-11 of the Administrative Code.

(4)   New adults residing in the type B home fail to comply with the BCII criminal

record   check   requirements   as   outlined   in   rule   5101:2-14-11   of   the Administrative Code.

(5)   An individual under the age of eighteen resides in the type B home and has been adjudicated a delinquent child for committing being convicted of or pleading guilty to a violation of any section listed in section 5104.09 of the Revised Code.

(E)(D) When the CDJFS has identified that any of the conditions listed in paragraph (D)

(C)    of this rule have occurred, the CDJFS shall immediately revoke the type B home or in-home aide certificate and send within two working days written notification to the provider which contains the following information:

(1)   The reason for revocation of the certificate.

(2)   The rule or statute violated, as applicable.

(3)    The right of a provider to appeal the decision and request a county appeal review in accordance with procedures outlined in rule 5101:2-14-40 of the Administrative Code.

(4)   The effective date the certificate was revoked.

(5)    Notice that reapplication for limited or professional certification cannot occur for at least one year five years following revocation , or the provider's voluntary withdrawal from the certification program as a result of CDJFS notification of its intent to revoke the provider's certificate.

(F)(E) If the CDJFS denies the application or proposes to revoke a certificate due to any of the conditions listed in paragraph (C) (B) of this rule, the CDJFS shall send written notification to the applicant or provider which contain the following information:

(1)   The reason for denial or proposed revocation.

(2)   The rule or statute violated, if applicable.

(3)     The right of the applicant or provider to appeal the decision to deny the application or revoke the certificate and request a county appeal review in accordance with procedures outlined in rule 5101:2-14-40 of the Administrative Code.

(4)   Notice that failure to receive a request for a county appeal review will result in immediate revocation of the certificate.

(5)    Notice that reapplication for limited or professional certification cannot occur for at least one year following denial of the application , or five years following the revocation of the certificate in this state or any other state, or the provider's voluntary withdrawal from the certification program as a result of CDJFS notification of its intent to revoke the provider's certificate.

(G)(F) When a certificate is revoked or has expired or the contract is not renewed, the CDJFS shall contact the caretaker who is receiving publicly funded child care services from the provider, by telephone with follow up written notification, to inform the caretaker of the following:

(1)    The provider's certificate has been revoked or has expired or the contract has not been renewed; and.

(2)   The availability of alternate child care services.

(H)(G) The CDJFS shall be responsible for maintaining a copy of all written notices to the provider in the provider's file.

(I)(H) When a provider voluntarily withdraws from the certification program, the CDJFS shall:

(1) Request the provider to submit the voluntary withdraw request in writing.

(1)(2) Record the date the provider voluntarily withdrew from the certification program and or file a copy of the written withdrawal in the provider's file.

(2)(3) Notify the provider, in writing, of the effective date of voluntary withdrawal from the certification program.

(3)(4) Notify each caretaker receiving publicly funded child care services from the provider, in writing, of the following:

(a)    The provider has voluntarily withdrawn from the certification program and the effective date of voluntary withdrawal; and.

(b)   The availability of alternate child care services.

(J)(I) The CDJFS shall notify the Ohio department of job and family services (ODJFS), the appropriate child care resource and referral agency and the Ohio department of education, office of nutritional services, when a provider's certification has been revoked, has expired, or the provider voluntarily withdraws from the certification program.

(K)(J) The provider shall not receive publicly funded reimbursement for child care services from the CDJFS upon revocation of a certificate or voluntary withdrawal from the certification program.

Effective:
R.C. 119.032 review dates:     WITHDRAWN ELECTRONICALLY	12/20/2007
Certification

03/27/2008

Date

Promulgated Under:                           119.03

Statutory Authority:                           5104.011

Rule Amplifies:                                  5104.011, 5104.11, 5104.12

Prior Effective Dates:                        4/1/82, 9/1/86, 2/15/88, 5/1/89, 11/1/91 (Emer.),

1/20/92, 3/15/96, 10/1/97 (Emer.), 12/30/97, 4/10/03