5101:2-13-26 County agency responsibilities for licensed family child care providers.

(A) What are the responsibilities of the county agency staff for licensing family child care providers?

(1) The county agency shall comply with all requirements set forth in Chapter 5104. of the Revised Code and Chapter 5101:2-13 of the Administrative Code.

(2) The county agency shall train anyone employed by the county agency to inspect or investigate licensed family child care homes using the curriculum provided by the Ohio department of job and family services (ODJFS).

(a) The training shall be documented using the form included with the curriculum. Documentation shall be maintained on file at the county agency. The documentation shall remain on file for at least three years after the person is no longer conducting inspections or investigations of licensed family child care homes.

(b) The training shall be completed prior to the person conducting inspections or investigations.

(c) If the curriculum is revised, the county agency shall document that anyone conducting inspections or investigations has reviewed the revised materials or has completed the training again.

(B) What are the on-going county agency review requirements for licensed family child care providers?

(1) The county agency shall review the following for all individuals and timeframes required in rule 5101:2-13-09 of the Administrative Code:

(a) Bureau of criminal investigation (BCI) and federal bureau of investigation (FBI) criminal records checks.

(b) JFS 01328 "Statement of Nonconviction for Child Care" (rev. 12/2016).

(c) JFS 01302 "Request for Child Abuse and Neglect Report Information"(rev. 12/2016).

(2) If the county agency determines that any of the criminal records checks indicate a prohibitive offense as defined in paragraph (D) of rule 5101:2-13-09 of the Administrative Code, the county agency shall determine if the individual meets rehabilitation standards as detailed in appendix A to rule 5101:2-13-09 of the Administrative Code.

(3) The county agency shall use the JFS 01527 "Notification of Criminal Records Checks and Child Abuse and Neglect Checks" (rev. 12/2016) to notify the provider of the results of each review required in paragraph (B)(1) of this rule for employees, child care staff members and substitutes.

(C) What documentation shall be maintained by the county and what can be shared?

(1) The county agency shall enter all child care licensing information required in the Ohio child licensing and quality system (OCLQS).

(a) Full inspections within seven business days of inspection.

(b) Revised inspections within seven business days of revision.

(c) Complaint intake data within five business days of receipt of complaint.

(d) Complaint inspections within seven business days of inspection.

(e) Review of compliance materials within twenty business days of submission.

(2) The county agency shall maintain a case file on all licensed family child care providers. The following certification and licensing documents shall be included in each provider's file using the following retention schedule:

(a) The initial application and all supporting documentation (for life of license), unless the information is in OCLQS.

(b) For all individuals required by rule 5101:2-13-09 of the Administrative Code:

(i) Results of any criminal records checks and completion of rehabilitation standards, if applicable (retain the most recent checks and rehabilitation standards), not documented in OCLQS.

(ii) JFS 01328 as required by rule 5101:2-13-09 of the Administrative Code (for five years from the date of the signature).

(iii) Results of the JFS 01302 (for five years from the date of the check).

(c) Inspection reports not documented in OCLQS (for five years from the date of the report).

(d) All correspondence with the family child care provider or regarding the license (for five years from the date of the correspondence).

(e) Compliance materials (for five years from the date of the materials).

(f) Copies of all written notices to the provider (for five years from the date of the notices).

(3) The county agency shall maintain the following certification and licensing documents in the family child care provider's file for each employee, child care staff member and substitute using the following retention schedule:

(a) Results of the criminal records checks and completion of rehabilitation standards required by rule 5101:2-13-09 of the Administrative Code (retain the most recent checks and rehabilitation standards).

(b) JFS 01328 as required by rule 5101:2-13-09 of the Administrative Code (for five years from the date of the signature).

(c) Results of the JFS 01302 as required by rule 5101:2-13-09 of the Administrative Code (for five years from the date of the check).

(4) The files required in paragraphs (C)(2) and (C)(3) of this rule shall be maintained according to the retention schedule for all open licenses. If a license is closed or revoked, the county agency shall maintain the provider file for two years after the date the license is closed or revoked.

(5) The county agency shall not disseminate the following confidential information:

(a) Child abuse and neglect investigative records, pursuant to sections 5101.131 and 2151.421 of the Revised Code and rule 5101:2-33-21 of the Administrative Code.

(b) The identity of an information source or witness to whom confidentiality has been reasonably promised, or the identity of a complainant for whom confidentiality is required.

(c) Any information, when such information would disclose the identity of one to whom such confidentiality has been reasonably promised.

(d) Results of any criminal records check on an applicant, provider, adult residing in the licensed family child care provider's home, employee or substitute, except that these records are available to the person who is the subject of the criminal records check, his or her representative and any court, hearing officer or other necessary individual involved in a case dealing with denial or revocation of licensure related to the criminal records check.

(e) The disposition of any investigation requested by a county agency from the PCSA concerning reports of child abuse or neglect on an applicant, provider, adult residing in the family child care home, employee, and child care staff member. The county agency shall not provide to the person who is the subject of the records check any information that identifies the person who made the report, statements of witnesses or police or other investigative reports.

(f) Provider medical records pertaining to the medical history, diagnosis, prognosis or medical condition of the provider, which are generated and maintained in the process of medical treatment, except as authorized by section 1347.08 of the Revised Code if requested by the subject of the report.

(6) As needed, the county agency shall share information with the PCSA or a law enforcement agency concerning an investigation of alleged child abuse or neglect or criminal activity.

(7) A provider shall have the right to access, review and make copies of any information in the county agency or ODJFS files of the provider, except information prohibited by state or federal law. The provider may be accompanied by a representative or other legal representation for this purpose and/or may authorize a legal representative to access such information.

(8) The county agency is responsible for sharing all provider, client and fiscal information with ODJFS during the course of a monitoring review of its licensing program or if ODJFS is investigating a complaint involving the county agency.

(9) ODJFS shall have access to all information in the provider's file.

(D) May the county agency have additional requirements that exceed the family child care licensing standards in Chapter 5101:2-13 of the Administrative Code?

(1) The county agency shall not have additional requirements for licensing family child care providers.

(2) Any additional requirements approved prior to the effective date of this rule shall no longer be permitted.

Replaces: 5101:2-14-25

Effective: 12/31/2016
Five Year Review (FYR) Dates: 12/31/2021
Promulgated Under: 119.03
Statutory Authority: 5104.018
Rule Amplifies: 5104.018
Prior Effective Dates: 4/1/82, 5/20/83, 10/1/83, 9/1/86, 2/15/88, 5/1/89, 11/1/91 (Emer.), 1/20/92, 7/1/95, 3/15/96, 10/1/97 (Emer.), 12/30/97, 4/1/03, 8/14/08, 7/1/11, 8/3/13, 1/1/14