5101:2-14-24 Evening and overnight care requirements for a licensed type B home provider.

 

 

 

PUBLIC HEARING NOTICE

OHIO DEPARTMENT OF JOB AND FAMILY SERVICES

 

DATE:           June 17, 2008

TIME:            10 a.m.

LOCATION: Rm. 2925 Rhodes State Office Tower

30 East Broad St., Columbus, Ohio 43215

 

Pursuant to section 5104.011 and Chapter 119. of the Ohio Revised Code, the director of the Ohio Department of Job and Family Services gives notice of the department's intent to consider the amendment, rescission, and adoption of the rules as identified below and of a public hearing thereon. Hearings on these rules were held in January, 2008. A second public hearing has been scheduled for the updated (refiled) rules.

 

Rule 5101:2-14-01 entitled "Definitions for certification of type B home providers and in- homes  aides"  has  been amended  to  change  the  title,  add  definitions  for  certified  nurse practitioner, advance practice nurse, physician, physician assistant and to clarify definitions. May 2008 refile:  Definitions for "medically fragile foster care and  specialized care foster home" were added and the definition of "related to the provider" was revised.

 

Rule 5101:2-14-02 entitled "Application for professional certification as a type B home provider or in-home aide" has been amended to require the CDJFS to process complete certification applications within 120 days, update form revision dates and clarify language.

May 2008 refile: This rule was revised to include the requirements of Sub SB 163, including that the revised JFS 01329 be signed, a FBI criminal records check be completed for all persons and results be returned prior to issuance of the certificate and that rules may be provided in either paper or electronic format.

 

Rule 5101:2-14-03 entitled "Professional certification compliance inspection of type B home providers and in-home aides" has been amended to change the title, delete language for complaint investigations and update a form revision date.

May 2008 refile: This rule was revised for formatting purposes only.

 

Rule 5101:2-14-03.1 entitled "Complaint investigation of professional and limited type B home providers and in-home aides" is a new rule with the requirements for complaint investigations and notifying caretakers of complaints that may pose an immediate risk to their children. This rule replaces language in rule 5101:2-14-03 and 5101:2-14-57.

May 2008 refile:  No additional revisions were made to this rule.

 

Rule 5101:2-14-04 entitled "Issuance and renewal of professional certification as a type B home provider or in-home aide" has been amended to add requirements that the CDJFS have the results of the BCII and PSCA record checks prior to certifying a provider, to allow only one certificate to be issued for an address and to clarify language. New PCSA record checks are required at recertification.

May 2008 refile: This rule was revised to prohibit type B home certification from being issued to a home which is already licensed as a type A family child care home. The revised rule also permits the county department of job and family services (CDJFS) to choose to not

 

 

 

 

renew a certificate if the provider has not provided child care for children residing in Ohio for more than six months.

Rule 5101:2-14-05 entitled "Provider qualifications for professional certification as a type B home provider or in-home aide" has been amended to update form revision dates, add the requirement for the PCSA records check, and from having any other employment during the hours of child care and clarify existing language.

May 2008 refile: This rule was revised to include the requirements of Sub SB 163, including that a FBI criminal records check be completed for all persons and results be returned prior to issuance of the certificate, the Revised Code references were changed and providers certified after the effective date of the rule cannot be specialized care foster homes. It also specifies how providers must notify caretakers and the CDJFS if they are providing foster care for children.

Rule 5101:2-14-06 entitled "Denial, revocation and withdrawal of professional certification as a type B home provider or in-home aide" has been amended to allow denial of an application or revocation of a certificate for delinquent child care copayments owed to a provider, for being unavailable for announced or unannounced inspections or if the results of the PCSA check indicate the provider may endanger the health or safety of children. The amended rule also extends to five years the restriction that a provider cannot reapply for certification after having certification revoked.

May 2008 refile: This rule was revised to include the additional prohibited offenses and changed the Revised Code citations.

Rule 5101:2-14-07 entitled "Fire safety for professional certification as a type B home provider or in-home aide" has been amended to add a requirement that the provider's home have no exposed light bulbs and to prohibit certified child care above the second floor to increase the chance of safe evacuation in an emergency.

May 2008 refile: This rule was revised to clarify the placement of carbon  monoxide detectors in dwellings that are not single family homes. This rule also clarifies what is considered to be "an exposed lightbulb."

Rule 5101:2-14-08 entitled "Indoor space, programming and equipment for professional certification as a type B home provider or in-home aide" has been amended to clarify language on useable space and to require the posting of the daily program.

May 2008 refile:  No additional revisions were made to this rule

Rule 5101:2-14-11 entitled "Offenses prohibiting certification as a type B professional or limited home provider or in-home aide, or as an emergency or substitute caregiver" has been amended to delete unnecessary language regarding FBI checks and add language to allow rehabilitation standards to be applied to persons with certain felony convictions and require criminal record checks to be completed every four years

May 2008 refile: This rule was revised to include the requirements of Sub SB 163 requiring: the use of the revised JFS 01329 "Nonconviction Statement" for all persons working with children and adult residents of the home, a BCII and FBI criminal records check completed for all persons applying to work with children and adult residents of the home, results from

the criminal records checks to be received and reviewed prior to certification. The references to Revised Code have been amended.

Rule 5101:2-14-13 entitled "Continuing education requirements for professional certification as a type B home provider or in-home aide" is being proposed for rescission.

May 2008 refile:  This rule is still being proposed for rescission.

Rule 5101:2-14-13 entitled "Training requirements for professional certification as a type B home provider or in-home aide" is a new rule which provides the training requirements for type B providers. Language from the rescinded rule with the same number has been incorporated in this rule and language has been added to specify the length of health and safety training and trainer qualifications.

May 2008 refile: The revised rule specifies the deadline date for new training requirements, allows training to be documented on the JFS 01307 and requires the CDJFS to maintain a copy of the provider's trainings on file.

Rule 5101:2-14-14 entitled "Emergency and substitute child care for professional certification as a type B home provider or in-home aide" has been amended to update form titles and revision dates and to list required documents for the file of an emergency/substitute caregiver.

May 2008 refile:  This rule was revised to include the requirements of Sub SB 163.

Rule 5101:2-14-16 entitled "Group size for professional certification as a type B home provider or in-home aide" has been amended to clarify language.

May 2008 refile:  No additional revisions were made to this rule.

Rule 5101:2-14-17 entitled "Outdoor play for professional certification as a type B home provider or in-home aide" has been amended to add new requirements for safety of outdoor play and to clarify language.

May 2008 refile: This rule has been revised to clarify what offsite playgrounds need to be inspected by the provider and the CDJFS.

Rule 5101:2-14-18 entitled "Napping, sleeping, evening and overnight care for professional certification as a type B home provider or in-home aide" has been amended to add a requirement for lighted walkways and to allow the use of air mattresses.

May 2008 refile:  No additional revisions were made to this rule.

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" has been amended to add items that must be kept from children, to add additional requirements when pets are on the property, to add additional requirements for smoking, to specify handwashing requirements and to clarify existing language. Appendix A has been added showing cleaning and sanitizing requirements.

May 2008 refile: This rules has been revised to include vehicles used for transporting children in the smoke free area requirements.

Rule 5101:2-14-20 entitled " Safety and supervision of children for professional certification as a type B home provider or in-home aide" has been amended to add language regarding supervision during water or swimming play, to require a land-line telephone and to clarify language.

May 2008 refile:  No additional revisions were made to this rule.

Rule 5101:2-14-21 entitled "Transportation and field trip safety for professional certification as a type B home provider or in-home aide" has been amended to add requirements for items needed on trips away from the home, to restrict smoking in any vehicle when children are present, to disallow children under twelve years of age to sit in the front seat of the vehicle and to clarify language.

May 2008 refile:  No additional revisions were made to this rule.

Rule 5101:2-14-22 entitled "Child guidance and management for professional certification as a type B home or in-home aide" has been amended list techniques that shall be used and to clarify language.

May 2008 refile:  No additional revisions were made to this rule.

Rule 5101:2-14-24 entitled "Caretaker/provider responsibilities for professional certification as a type B home provider or in-home aide" has been amended to update a form revision date, add a rule citation, add a requirement for the provider to give a written receipt to the caretaker for all payments made and clarify language.

May 2008 refile:  No additional revisions were made to this rule.

Rule 5101:2-14-26 entitled "Records requirements for professional certification as a type B home provider or in-home aide" has been amended to add a requirement that the JFS 01297 be sent with a child who is being transported, add a requirement that copies of the JFS 01297 be kept in a location that the provider can easily access in an emergency, add that a certified nurse practitioner or physician's assistant can signed the JFS 01932 and clarify language. The JFS 01932 is required every thirteen months for children not attending school.

May 2008 refile:  No additional revisions were made to this rule.

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" has been amended to add a required form and procedures for a medical or physical care plan.

May 2008 refile:  No additional revisions were made to this rule.

Rule 5101:2-14-28 entitled "Medical and dental emergency plan for professional certification as a type B home provider or in-home aide" has been amended to delete language regarding emergency transportation, add a new form for medical and dental emergency plans and clarify language regarding the incident/injury report.

May 2008 refile:  No additional revisions were made to this rule.

Rule 5101:2-14-29 entitled "First aid supplies and procedures for professional certification as a type B home provider or in-home aide" has been amended to add items required to be in the

first aid box , to remove outdated supplies and to add several new basic precaution procedures.

May 2008 refile:  No additional revisions were made to this rule.

Rule 5101:2-14-30 entitled "Management of communicable disease for professional certification as a type B home provider or in-home aide" has been amended to add a list of symptoms defining a sick child and clarify language regarding the care of a sick child.

May 2008 refile:  No additional revisions were made to this rule.

Rule 5101:2-14-31 entitled "Administration of medication for professional certification as a type B home provider or in-home aide" has been amended to clarify the use of the revised JFS 01644 that documents the provider's administration of medication.

May 2008 refile:  No additional revisions were made to this rule.

Rule 5101:2-14-32 entitled "Meal preparation/nutritional requirements for professional certification as a type B home provider or in-home aide" has been amended to specify when a child must be provided with meals and snacks, what nutritional requirements must be met by the meals and snacks and that a weekly menu must be posted.

May 2008 refile: This rule was revised to correct the title of Appendix A.

Rule 5101:2-14-34 entitled "Infant Care for professional certification as a type B home provider or in-home aide is a new rule that contains infant care language deleted from rules 5101:2-14-08 and 5101:2-14-32. It requires that the caretakers of infants be provided with a brief, daily report and clarifies the preparation, storage and feeding of formula and breast milk.

May 2008 refile:  No additional revisions were made to this rule.

Rule 5101:2-14-35 entitled "Diaper care for professional certification as a type B home provider or in-home aide has been amended to clarify the process to be used for diaper changes.

May 2008 refile:  No additional revisions were made to this rule.

Rule 5101:2-14-36 entitled "Crib and playpen requirements for professional certification as a type B home provider or in-home aide has been amended to add a new form that is required for infants not sleeping on their backs and permits infants who are 16 months of age to sleep on cots.

May 2008 refile: This rule has been revised to clarify that the crib mattress supports must be in the lowest position and crib rails in their highest position when the crib is in use by an infant.

Rule 5101:2-14-37 entitled "Swimming and water safety requirements for professional certification as a type B home provider or in-home aide has been amended to add requirements for swimming and water safety, including making swimming pools inaccessible and requiring written permission for infants and toddlers to use wading pools.

May 2008 refile:  No additional revisions were made to this rule.

Rule 5101:2-14-40 entitled "Appeal review procedures for limited and professional certification as a type B home provider or in-home aide" has been amended to clarify language.

May 2008 refile:  No additional revisions were made to this rule.

Rule 5101:2-14-55 entitled "Application and approval for limited certification as a type B home provider or in-home aide has been amended to update form titles and revision dates, add items that the CDJFS needs prior to the issuance of a certificate and clarify language.

May 2008 refile:  This rule was revised to include the requirements of Sub SB 163.

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 a new rule with requirements for the certification of limited providers.

May 2008 refile:  This rule was revised to include the requirements of Sub SB 163.

Rule 5101:2-14-57 entitled "Limited certification compliance inspection of type B home providers and in-home aides" has been amended to change the title, add the requirement that the provider allow access to all areas of the home during an inspection, to specify that the inspection for provisional certification take place within ten days after the issuance of the certificate, to add requirements for compliance by the provider and to delete language on investigations that has been moved to rule 5101:2-14-03.1.

May 2008 refile:  No additional revisions were made to this rule.

Rule 5101:2-14-58 entitled "Limited certification provider qualifications and responsibilities as a type B home provider or in-home aide" has been amended to change the title, add requirements for the physical exam of the provider, add responsibilities to assure the safety of children, add the requirement for use of the JFS 01297, the JFS 01932 and the JFS 01299 and clarify language.

May 2008 refile: This rule has been revised to add requirements for providers to complete First Aid and CPR training and to require an approved sleeping area for children in evening and overnight care.  This rule was also revised to include the requirements of Sub SB 163.

5101:2-14-60 entitled "Denial, revocation and withdrawal of limited certification as a type B home provider or in-home aide" has been amended to change the title, add language regarding the requirements for denial and revocation, and clarify language.

May 2008 refile:  This rule was revised to include the requirements of Sub SB 163.

5101:2-14-61 entitled "County department of job and family services (CDJFS) certification responsibilities for certified type B home providers and in-home aides" has been amended to change the title, update form titles and revision dates and clarify language.

May 2008 refile: This rule was revised to require that the CDJFS provide training for everyone doing inspections or investigations for type B home using the curriculum provided by ODJFS.

5101:2-14-62 entitled "Confidentiality involving a professional or limited certified home provider or in-home aide" has been amended to change the title and add the requirement for the PCSA records check results to be made available to the subject of the records check.

May 2008 refile:  No additional revisions were made to this rule.

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 rules 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 Services, 30 East Broad Street, 31st Floor, Columbus, Ohio 43215, by fax at (614)

752-8298, or by e-mail at [e-mail].