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Ohio Laws and Rules
(A) The type B home provider or in-home aide shall be at least eighteen years of age, and for those individuals certified after April 1, 2003, have completed a high school education. The county department of job and family services (CDJFS) shall verify each provider’s education and maintain the documentation in the provider’s file. Verification of high school education shall be one of the following:
(1) A copy of a high school diploma recognized by the state board of education or the appropriate agency of another state as equivalent to a high school education.
(2) A copy of other written documentation approved by the department verifying high school completion or equivalency, such as the Ohio general educational development high school equivalence diploma (GED).
(3) A copy of the degree or transcript verifying completion of an associates degree or higher.
(4) For the home schooled student, a letter from the state or local board of education stating that the curriculum for the course of home study taken by the provider meets the required standards.
(B) The provider shall be examined by a licensed physician, physician’s assistant, certified nurse practitioner (CNP) or advanced practice nurse (APN), not more than six months prior to certification and every three years from the date of the initial medical examination. The provider shall be examined and have the JFS 01280 “Provider Medical Statement” (rev. 8/2008) signed by a licensed physician, physician’s assistant, CNP or APN. The JFS 01280 shall include at a minimum:
(1) The examination date.
(2) The signature office address, and telephone number of the physician, physician’s assistant, CNP or APN who completed the examination.
(3) Verification that the provider is currently free of communicable tuberculosis.
(4) A statement that the provider has been immunized against measles, mumps, and rubella.
(a) A history of having measles or mumps disease may be substituted for the vaccine for persons born on or before December 31, 1956.
(b) Only a laboratory test demonstrating detectable rubella antibodies shall be accepted in lieu of the rubella vaccine.
(c) A provider may be exempt from this immunization requirement for religious reasons upon filing a written statement with the CDJFS, or for medical reasons upon filing a written statement with the CDJFS that is signed by a licensed physician, physician’s assistant, CNP or APN.
(5) A statement that the provider has been immunized against tetanus and diphtheria. At the time the next booster for tetanus and diphtheria is due, the provider shall also be immunized against pertussis (Tdap).
(6) Any special health problems which might interfere with the health of children or might prohibit the individual from providing adequate care for young children.
(C) The CDJFS may require the provider, at any time prior to or subsequent to the issuance of a certificate, to submit a current JFS 01280 signed by a licensed physician, physician’s assistant, CNP or APN. Failure to obtain a new medical statement may be grounds for revocation of a certificate.
(D) The provider shall be physically, intellectually and emotionally capable of complying with the requirements of Chapter 5101:2-14 of the Administrative Code and performing activities normally related to child care. These include, but are not limited to, providing meals, dealing with emergencies in a calm manner, carrying out methods of child guidance and discipline in a courteous, respectful and patient manner, and keeping accurate records as required by this chapter.
(E) The provider shall meet at least one of the following requirements:
(1) Have at least six months’ experience in caring for a child twelve years or younger. Parenthood may be considered as experience.
(2) Have obtained at least thirty clock hours of documented training which has been approved by the CDJFS.
(F) The provider shall provide a safe, healthy environment when children are present. Any individual whose behavior or health may endanger the health, safety or well being of children shall not be present or reside in the type B home or home of a child receiving in-home aide services.
(G) The CDJFS shall obtain information from the public children services agency (PCSA) by completing the JFS 01302 “Request for Child Abuse and Neglect Report Information” (rev. 9/2006). The CDJFS shall consider any information provided by the PCSA within the totality of circumstances to determine if the provider may endanger the health, safety, or welfare of children.
(H) The provider shall notify the CDJFS of any individual staying at the home for more than five consecutive calendar days during a certification period.
(I) The provider or any resident of the type B home shall not:
(1) Demonstrate physical or mental conditions potentially harmful to children.
(2) Be under the influence of alcohol or other drugs while child care is being provided.
(3) Have been convicted of or pleaded guilty to crimes listed in division (A)(8) or (A)(9) of section 109.572 or division (A)(1) of section 5104.09 of the Revised Code.
(4) Have been indicted, are awaiting trial on charges, or pending outcome of a trial of any of the crimes listed in division (A)(8) or (A)(9) of section 109.572 or division (A)(1) of section 5104.09 of the Revised Code. The provider shall report this information, as well as any investigation being conducted by a public children services or law enforcement agency, immediately to the CDJFS.
(J) The provider shall not be involved in any activities which interfere with the care of the children. The provider shall not be involved in employment during the hours in which child care is provided.
(K) Any provider certified after the effective date of this rule shall not be a specialized care foster home.
(L) Each initial type B home or in-home aide applicant shall provide the CDJFS with at least three written references. The references shall be from individuals not related to the applicant, shall attest to the applicant’s ability to care for children and shall be satisfactory to the CDJFS.
(M) The type B home or in-home aide applicant shall sign the JFS 01329 “Statement of Nonconviction for Type B Homes and In-Home Aides” (rev. 8/2008), attesting to all of the following:
(1) That he or she has not been convicted of or pleaded guilty to any offense listed in division (A)(8) or (A)(9) of section 109.572 or division (A)(1) of section 5104.09 of the Revised Code.
(2) That no child has been removed from his or her home pursuant to section 2151.353 of the Revised Code.
(3) That no person who resides at the type B home and who is under the age of eighteen has been determined by the court to be a delinquent child for pleading guilty to or being found guilty of a violation of any provision listed in division (A)(8) or (A)(9) of section 109.572 or division (A)(1) of section 5104.09 of the Revised Code.
(N) Every individual eighteen years of age or older residing in the type B home shall sign the JFS 01329 attesting that he or she has not been convicted of or pleaded guilty to any offense listed in division (A)(8) or (A)(9) of section 109.572 or division (A)(1) of section 5104.09 of the Revised Code and that no child has been removed from his or her home pursuant to section 2151.353 of the Revised Code.
(O) The type B home or in-home aide applicant and every adult residing in the applicant’s type B home shall comply with the requirements contained in rule 5101:2-14-11 of the Administrative Code.
(P) The type B home provider shall notify the CDJFS within twenty-four hours or on the next working day of any change in household composition.
(Q) Providers who are foster parents shall:
(1) Notify the CDJFS prior to certification and the caretakers of all children receiving care before child care is provided when the provider is caring for foster children.
(2) Notify the CDJFS and the caretakers of all children receiving care within one business day of when the provider is to begin caring for additional foster children.
(3) Maintain a written record documenting the date and how the CDJFS and caretakers were notified about foster children in care. This record shall be made available to the CDJFS upon request.
(R) The provider may choose to accept only those placements which suit the provider’s abilities and the physical environment of the home, but shall not discriminate in providing child care services to children upon the basis of handicap, race, color, religion, sex, or national origin.
(S) The provider shall not use or disclose any information concerning eligible individuals for any purpose not directly related to the delivery of purchased child care services, except upon written consent of the eligible individual or a responsible caretaker.
(T) The provider shall, upon request, provide a caretaker with any information necessary for the caretaker to compile child care related expenses for income tax preparation activities.
(U) The provider shall report any error in payment for publicly funded child care to the CDJFS within ten days after receiving the payment.
Effective: 08/14/2008
R.C. 119.032 review dates: 12/20/2007 and 03/31/2013
Promulgated Under: 119.03
Statutory Authority: 5104.011
Rule Amplifies: 5104.011, 5104.012, 5104.013, 5104.11, 5104.12
Prior Effective Dates: 4/1/82, 5/20/83, 10/1/83, 9/1/86, 2/15/88, 5/1/89, 7/1/95, 3/15/96, 10/15/96, 10/1/97 (Emer.), 12/30/97, 1/1/01, 4/1/03