5101:2-12-08 Complaint investigations for licensed and unlicensed child care centers.

 

 

 

5101:2-12-08               Complaint investigations for licensed and unlicensed child care centers.

 

 

 

(A)     The director's representative department shall investigate and may inspect any licensed child care center upon receipt of any complaint that the center is out of compliance with the requirements of Chapter 5104. of the Revised Code or Chapter 5101:2-12 of the Administrative Code.

 

(B)   The investigation may also include any number of contacts with persons such as, but not limited to:

 

(1)    Building inspectors, fire department inspectors, sanitarians, public health or other state or local officials;.

 

(2)   Neighbors;.

 

(3)   Parents and relatives of children in care;.

 

(4)     Public  children  services  staff;  Staff  of  the  public  children  services  agency (PCSA).

 

(5)   Persons mentioned by the complainant;.

 

(6)   Health agency or law Law enforcement personnel;.

 

(7)   Current and past center employees; or.

 

(8)   Other witnesses.

 

(C)     Complaint dispositions and summary reports: the director's representative The department shall complete a disposition report the JFS 01295 "Complaint/Disposition Report" (rev. 01/2007) for each complaint at the conclusion of the investigation. These This reports report shall outline the all allegations, the results of the investigation, and the expectations for corrections correction of any confirmed or discovered violations of the rule requirements. The report shall be kept on file at the Ohio department of job and family services (ODJFS). A copy of the summary report of findings and, if applicable, a separate report containing any substantiated or discovered noncompliances noncompliance findings shall be provided to the administrator or licensee.

 

(D)   The administrator or licensee may submit to the director's representative a written response to a complaint investigation to the department. The response shall be kept

 

 

 

on file at the Ohio department of job and family services ODJFS.

(E)   The center owner, administrator, or designee may shall use the following process to request a review of the summary of findings.:

(1)    If the administrator or designee of a licensed child care center disagrees with any of the findings presented and an informal inquiry discussion with the licensing specialist does not provide a resolution of the issues, the administrator or designee may submit a written request for a review of findings. This request must be submitted within five seven business days from receipt of the inspection summary report of findings to the appropriate ODJFS licensing supervisor. The licensing supervisor shall review the findings and may meet with the administrator or designee to discuss the review. The licensing supervisor shall render prepare a written decision of the review or meeting if one is held.

(2)   If the administrator or designee of a licensed child care center disagrees with the decision of the ODJFS licensing supervisor pursuant to paragraph (E)(1) of this rule, the administrator or designee may submit a written request for a review of findings to ODJFS, the chief of the licensing section, within five seven business days of receipt of the decision of the ODJFS licensing supervisor. The chief of the licensing section shall review the findings, the

review  materials  and  decision  of  the

supervisor,

and  the  review  of  the

administrator or designee, and may meet with any or all parties. The chief of the licensing section shall render prepare a written decision of the review or meeting if one is held. The decision of the chief of the licensing section shall be final and does not entitle the agency to any hearing rights under Chapter

119. of the Revised Code, unless ODJFS initiates action to deny or revoke the license.

(F)    Allegations of child abuse or neglect: the director's representative The department shall immediately notify the local public children services agency PCSA upon receipt of a complaint when the allegations include child abuse or child neglect. The department shall send to the public children services agency PCSA a follow-up report which includes:

(1)   A summary of the allegations;.

(2)    The director's representative's plans department's plan for investigation of the alleged noncompliance complaint in accordance with requirements of Chapter 5104. of the Revised Code or and Chapter 5101:2-12 of the Administrative Code; and.

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

(G)    Public record requests: a A copy of the center's licensing record, with confidential information deleted, shall be provided to any person who submits a written request to the director. The center's written response to the findings of an investigation that are submitted within thirty days of the center's receipt of the complaint investigation summary report shall become a component part of the complaint record and be included in public records requests. The licensing record shall include all complaint investigation documents. The disposition department's report required by paragraph (C) of this rule shall not disclose the results of investigations of abuse or neglect conducted by the local public children services agency PCSA.

Effective:                                                     09/01/2007

R.C. 119.032 review dates:                         03/30/2007 and 09/01/2012

CERTIFIED ELECTRONICALLY

Certification

06/18/2007

Date

Promulgated Under:                           119.03

Statutory Authority:                           5104.011

Rule Amplifies:                                  5104.011, 5104.04

Prior Effective Dates:                         9/1/86, 1/2/92 (Emer.), 4/1/92, 4/1/03