LAW
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Ohio Laws and Rules
(A) The county department of job and family services (CDJFS) shall investigate a complaint against a type B home provider or an in-home aide. The CDJFS may inspect the type B home or the home of a child receiving in-home aide services.
A public children services agency (PCSA) investigation does not relieve the CDJFS of its responsibility to investigate provider noncompliance with regulations contained in Chapter 5101:2-14 of the Administrative Code unless the PCSA indicates that the CDJFS complaint investigation would interfere with the PCSA's investigation of the case.
(B) Investigations of all complaints shall begin within five business days of receipt of a complaint by the CDJFS, unless the complaint falls under paragraph (C) of this rule.
(C) If the complaint alleges an immediate risk to children, the CDJFS shall:
(1) Begin the investigation within twenty-four hours of receipt of the complaint.
(2) Notify the caretakers of all children receiving child care services from the provider, within twenty-four hours of receiving the complaint, of the ongoing investigation and the rule which the complainant alleges has been violated.
(3) Send to the caretakers of all children receiving child care from the provider a completed copy of the JFS 01922 "Notification of Child Care Investigation" (rev. 8/2008) within three business days of receipt of the complaint. The caretakers of children not involved in the complaint shall not be provided with names of children involved. Caretakers of children involved in the complaint shall be informed of the alleged rule violations involving their child.
(D) "Immediate risk" is a situation or a rule violation with the potential to cause immediate harm to children.
(E) If the complaint alleges child abuse or neglect, the CDJFS shall immediately report the complaint to the PCSA. The oral report shall be followed with a written report to the PCSA, if requested by the PCSA. The written report shall contain the following:
(1) A summary of the allegations.
(2) The name of the reporter, unless anonymity is requested.
(3) A summary of actions taken by the CDJFS or plans to initiate an investigation of noncompliance with the regulations contained in Chapter 5101:2-14 of the Administrative Code.
(4) A request for clarification of joint or parallel investigatory roles.
(F) The PCSA and CDJFS shall share information in accordance with rules 5101:2-14-62 and 5101:2-34-38 of the Administrative Code.
(G) The type B home provider or in-home aide and caretaker shall permit the CDJFS to investigate a complaint involving the type B home provider or in-home aide. Failure to cooperate with the CDJFS shall be grounds for denial or revocation of a certificate.
(H) For each investigation, the CDJFS shall complete the JFS 01921 "Complaint Disposition Report" (rev. 8/2008) and furnish one copy to the type B home provider or the in-home aide before the CDJFS staff leaves the provider's home. If additional information is added to the report or it is revised in any way, the CDJFS shall send a copy of the report to the provider within five business days of the date of the addition or revision.
(I) If a JFS 01921 is completed as part of an investigation conducted by telephone the CDJFS shall send a copy of the report to the provider within five business days of the initial telephone contact. If additional information is added to the report or it is revised in any way, the CDJFS shall send a copy of the report to the provider within five business days of the date of the addition or revision.
(J) The CDJFS shall provide a copy of the JFS 01921 to any person who submits a request to the CDJFS. The CDJFS shall remove all confidential information prior to providing a copy of the JFS 01921. The JFS 01921 shall be maintained in the provider's file at the CDJFS.
(K) When the CDJFS determines the type B home provider or in-home aide is not in compliance with Chapter 5101:2-14 of the Administrative Code or Chapter 5104. of the Revised Code and the CDJFS does not propose revocation of the certificate, the CDJFS shall forward to the provider written notification which includes:
(1) A statement of the alleged complaint and/or specific noncompliance findings.
(2) A statement of what must be done to correct the violation.
(3) The date, not to exceed thirty working days, by which the correction shall be completed.
(4) A statement of the consequences if the provider fails to correct the violations within the specified time frame.
(5) A statement that the provider has the right to appeal the findings of the CDJFS and request a county appeal review in accordance with procedures outlined in rule 5101:2-14-40 of the Administrative Code.
(L) When the CDJFS receives a report that a type B home may be caring for too many children in violation of section 5104.02 of the Revised Code, the CDJFS shall refer the report to the appropriate Ohio department of job and family services (ODJFS) child care licensing office for investigation. If the home is certified, the CDJFS shall conduct an investigation according to procedures contained in this rule. If the provider fails to correct the violations, the CDJFS shall revoke the certificate.
Effective:
11/15/2010
R.C.
119.032 review dates:
03/31/2013
Promulgated
Under: 119.03
Statutory
Authority:
5104.011
Rule
Amplifies:
5104.011,
5104.11,
5104.12
Prior
Effective Dates: 8/14/08