3301-32-12 Complaint investigation.

(A) The department shall investigate and may inspect any licensed school child program upon receipt of any complaint that the program is out of compliance with the requirements of sections 3301.52 to 3301.59 of the Revised Code or Chapter 3301-32 of the Administrative Code.

(1) The investigation of complaints alleging serious life, health, or safety risks shall be initiated within twenty-four hours of receipt of the report.

(2) The investigation and appropriate action on all other complaints shall commence within five working days of the receipt of the report.

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

(1) Building inspectors, fire inspectors, sanitarians, public health officials;

(2) Neighbors;

(3) Parents and relatives of children in care;

(4) County protective services staff;

(5) Persons mentioned by the complainant;

(6) Health agency or law enforcement personnel;

(7) Current and past center employees; or

(8) Other witnesses.

(C) The department shall complete a report for each complaint at the conclusion of the investigation summarizing all allegations, the results of the investigation, and the expectations for correction of any confirmed violations of the requirements of this rule. The report shall be kept on file at the department. A copy of the report containing substantiated or discovered non-compliance findings shall be provided to the superintendent and the program coordinator.

(D) The superintendent may submit to the department a written response to a complaint investigation, which shall be keep on file at the department.

(E) The department shall immediately notify the local public children services agency upon receipt of a complaint that includes allegations of child abuse or child neglect, and shall send to the public children services agency a follow-up letter which includes:

(1) A summary of the allegations;

(2) The department's plans for investigation of alleged noncompliance with requirements of sections 3301.52 to 3301.59 of the Revised Code or Chapter 3301-32 of the Administrative Code; and

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

(F) A copy of the program's licensing record, with confidential information deleted, shall be provided to any person who submits a written request to the department. The licensing record shall include, but not be limited to, complaint investigation documents. Neither the disposition report nor the summary letters required by paragraph (C) or (D) of this rule shall disclose the results of investigations of abuse or neglect conducted by the local public children services agency.

(G) All complaints and reports concerning the operation of programs regulated by Chapter 3301-32 of the Administrative Code and sections 3301.52 to 3301.59 of the Revised Code may be reported to the designated department ombudsman. The name and phone numbers of both parties shall be posted in a conspicuous place near the posed program license.

Replaces: 3301-32-13

Effective: 01/22/2010
R.C. 119.032 review dates: 01/22/2015
Promulgated Under: 119.03
Statutory Authority: 3301.07 , 3301.53 , 3301.59
Rule Amplifies: 3301.52 to 3301.59
Prior Effective Dates: 1-27-92; 12-30-04