Lawriter - OAC - 5101:2-14-06 County agency responsibilities for the issuance and renewal for in-home aide certification.

5101:2-14-06 County agency responsibilities for the issuance and renewal for in-home aide certification.

(A) What are the county agency responsibilities for certifying an in-home aide (IHA)?

(1) The county agency shall accept and approve or deny all applications for certification as an IHA within one hundred twenty days from the date the application is submitted in the Ohio child licensing and quality system (OCLQS).

(2) If the parent and IHA applicant need help in completing the forms, the county agency shall provide assistance.

(3) The county agency shall conduct an inspection at the home of the parent to verify compliance using the JFS 01533 "In-Home Aide Inspection" (rev. 10/2017). This inspection shall be conducted prior to the issuance of a certificate and annually each fiscal year thereafter.

(4) The county agency shall provide a copy of the certificate to the parent of a child receiving in-home aide services.

(B) When shall a county agency issue a certificate?

The county agency shall issue a certificate when all of the following are met:

(1) The county agency has determined the IHA is in compliance with Chapter 5101:2-14 of the Administrative Code.

(2) The county agency has received the JFS 01176 "Program Notification of Background Check Review for Child Care" (10/2017) and the IHA is eligible for employment.

(3) The county agency has received verification of completion of all trainings required pursuant to rule 5101:2-14-03 of the Administrative Code.

(C) When shall a county agency renew a certificate?

The county agency shall renew a certificate when all of the following are met:

(1) The IHA has submitted a recertificaiton application in the OCLQS.

(2) The parent and IHA complete a new JFS 01642 "In-Home Aide Assurances" (rev. 10/2017).

(3) The county agency conducts a recertification home inspection.

(4) It is determined the IHA remains in compliance with the certification requirements contained in Chapter 5101:2-14 of the Administrative Code.

(D) What does the county agency do if it is determined the IHA is not in compliance?

(1) If the county agency determines the IHA is not in compliance with this chapter or Chapter 5104. of the Revised Code the county agency shall forward to the IHA written notification which includes:

(a) A statement of the specific rule violations.

(b) A statement of what must be done to correct the rule violations.

(c) The date, not to exceed thirty business days, by which the correction shall be completed.

(d) A statement of the consequences if the IHA fails to correct violations within the specified time frame.

(e) A statement that the IHA has the right to appeal the actions of the county agency and request a county appeal review in accordance with the procedures outlined in paragraph (E) of this rule.

(2) If the county agency determines that the IHA is not in compliance with Chapter 5101:2-14 of the Administrative Code or Chapter 5104. of the Revised Code, the county agency may revoke the certificate.

(3) Upon revocation of a certificate, the county agency shall notify the IHA of its right to appeal the decision to revoke the certificate and request a county appeal review in accordance with procedures outlined in paragraph (E) of this rule.

(4) The voluntary surrender of a certificate to the county agency shall not prohibit the county agency from revoking a certificate pursuant to this paragraph of this rule.

(5) If the parent whose child is receiving IHA services fails to cooperate with the county agency or to comply with this chapter and Chapter 5104. of the Revised Code, the county agency shall deny or terminate the IHA arrangement, revoke the IHA certificate and inform the parent of alternative child care options.

(E) What is the process if an IHA requests a county appeal?

(1) If the IHA requests an appeal review, the following steps shall be followed:

(a) The county agency shall schedule a county appeal review within fifteen business days of receipt of a written county appeal review request and notify the IHA in writing of the time, date and place of the review.

(b) The individual responsible for conducting the county appeal review shall not be someone who was a party to the decision that is the subject of the review.

(c) The IHA shall have the opportunity to present his or her case and examine the contents of the case file that are relevant to the county agency decision to revoke or deny the certification.

(d) The county agency is responsible for preparing and issuing a written decision to the IHA within ten business days from the date of the county appeal review. The decision shall include the following information:

(i) The action which was appealed.

(ii) Finding of facts.

(iii) Citation and summarization of relevant Administrative Code rules which support the facts established.

(iv) Outcome of the appeal on each issue addressed.

(2) The county appeal review decision is final in regard to the appeal procedures contained in rule.

(F) What information can a county agency publicly share regarding an IHA?

(1) Except as provided in paragraphs (F)(2) and (F)(3) of this rule, the county agency shall not disseminate confidential information which includes, but is not limited to, the following:

(a) Child abuse and neglect investigative records, pursuant to section 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.

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

(d) IHA 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.

(2) The county agency is responsible for sharing all IHA, client, and fiscal information with ODJFS during the course of a monitoring review of its certification program or when ODJFS is investigating a complaint involving the county agency.

(3) 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.

(4) When information is disseminated, the following shall be documented in the IHA's record:

(a) Date information was disseminated.

(b) Agency, organizations, or individual to whom information was disseminated.

(c) Reason for dissemination.

(d) Specific information disseminated.

(G) May the county have additional requirements that exceed the in-home aide certification standards in Chapter 5101:2-14 of the Administrative Code?

The county agency shall not have additional requirements for certifying in-home aides.

Click to view Appendix

Effective: 10/29/2017
Five Year Review (FYR) Dates: 12/31/2021
Promulgated Under: 119.03
Statutory Authority: 5104.019
Rule Amplifies: 5104.12, 5104.019
Prior Effective Dates: 4/1/82, 9/1/86, 2/15/88, 5/1/89, 7/1/95, 3/15/96, 10/1/97 (Emer.), 12/30/97, 4/1/03, 1/1/07, 8/14/08, 12/1/2009, 11/15/10, 8/3/13, 1/1/14, 12/31/16