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Ohio Laws and Rules
(A) If the county department of job and family services (CDJFS) determines the applicant or provider is not in compliance with Chapter 5101:2-14 of the Administrative Code and Chapter 5104. of the Revised Code, the CDJFS shall deny the application or may revoke the certificate. The applicant, provider or any other relative who resides in the home cannot reapply for limited or professional certification for at least one year following denial of the application, or five years following revocation of the certificate or the provider’s voluntary withdrawal from the certification program as a result of CDJFS notification of its intent to revoke the provider’s certificate. The CDJFS shall also:
(1) Inform the applicant or provider in writing of the denial of the application or revocation of the certificate and the reason.
(2) Inform the caretaker of the availability of publicly funded child care in another child care setting.
(3) Inform the applicant or provider that he or she cannot reapply for certification for at least one year following denial of the application, and for at least five years following revocation of the certificate, or the provider’s voluntary withdrawal from the certification program as a result of CDJFS notification of its intent to revoke the provider’s certificate.
(4) Inform the applicant or provider of his or her right to appeal the decision and request a county appeal review in accordance with procedures outlined in rule 5101:2-14-40 of the Administrative Code.
(5) Inform the caretaker and the applicant or provider that the CDJFS shall not provide publicly funded child care services upon denial or revocation of the limited certificate.
(6) Inform the Ohio department of job and family services (ODJFS), the appropriate child care resource and referral agency and the Ohio department of education (ODE), office of nutritional services, when a provider’s certification has been revoked.
(B) Reasons for denial of an application or revocation of a limited certificate may include, but are not limited to, the following:
(1) Noncompliance with Chapter 5101:2-14 of the Administrative Code and Chapter 5104. of the Revised Code.
(2) Noncompliance with any additional CDJFS requirements approved by the ODJFS pursuant to rule 5101:2-14-61 of the Administrative Code.
(3) The CDJFS determines that the applicant was previously certified in this state or any other state as a limited or professional provider, and that in the last five years his or her certificate was revoked or the applicant voluntarily withdrew from the certification program as a result of CDJFS or other similar agency’s notification of its intent to revoke the certificate.
(4) Failure to cooperate with the CDJFS in the certification process or complaint investigation, including, but not limited to, consistently being unavailable for announced and unannounced inspections conducted by the CDJFS.
(5) Fraudulent billing or accepting payment from the CDJFS for authorized services not rendered or for unauthorized services.
(6) Misrepresentation, falsification or withholding or withholds information.
(7) Delinquent child care overpayments owed to any CDJFS.
(8) An individual under the age of eighteen resides in the home and has been adjudicated a delinquent child for being convicted of or pleading guilty to a violation of any section listed in division (A)(8) or (A)(9) of section 109.572 or division (A)(1) of section 5104.09 of the Revised Code.
(9) An individual eighteen years of age or older resides in the home and has been convicted of or pleaded guilty to a violation of any offenses listed in division (A)(8) or (A)(9) of section 109.572 or division (A)(1) of section 5104.09 of the Revised Code, unless the individual meets all of the criteria for rehabilitation in rule 5101:2-14-11 of the Administrative Code and is approved by the CDJFS.
(10) The CDJFS has determined through the results of the JFS 01302 or any other means, that an individual of any age resides in the home whose behavior or health may endanger the health, safety or well being of children.
(11) The provider is responsible for a delinquent child care copayment owed to a child care provider, unless satisfactory arrangements have been made to pay the delinquent copayment.
(C) The CDJFS shall not revoke a certificate prior to conducting a county appeal review in accordance with procedures in rule 5101:2-14-40 of the Administrative Code unless:
(1) The public children services agency (PCSA), CDJFS or a law enforcement agency determines that children are at risk of being abused or neglected or conditions in the type B home or the home of a child receiving in-home aide services endanger the health, safety or well-being of children.
(2) The PCSA, a law enforcement agency or the court have determined that children have been abused or neglected while in the type B home or under the care of the type B home provider or in-home aide.
(3) Results from the bureau of criminal identification and investigation (BCII) or federal bureau of investigation (FBI) criminal records check indicate the type B home provider, adults residing in the type B home or the in-home aide have been convicted of or pleaded guilty to the offenses or violations 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 the CDJFS has determined they do not meet the criteria for rehabilitation outlined in rule 5101:2-14-11 of the Administrative Code.
(4) New adults residing in the type B home fail to comply with the BCII or FBI criminal records check requirements as outlined in rule 5101:2-14-11 of the Administrative Code.
(5) An individual under the age of eighteen resides in the type B home and has been adjudicated a delinquent child after being convicted of or pleading guilty to a violation of any section listed in division (A)(8) or (A)(9) of section 109.572 or division (A)(1) of section 5104.09 of the Revised Code.
(D) When the CDJFS has identified that any of the conditions listed in paragraph (C) of this rule have occurred, the CDJFS shall immediately revoke the type B home or in-home aide certificate and send, within two working days, written notification to the provider which contains the following information:
(1) The reason for revocation of the certificate.
(2) The rule of statute violated, as applicable.
(3) The right of a provider to appeal the decision and request a county appeal review in accordance with procedures outlined in rule 5101:2-14-40 of the Administrative Code.
(4) The effective date the certificate was revoked.
(5) Notice that reapplication for limited or professional certification cannot occur for at least five years following revocation, or the provider’s voluntary withdrawal from the certification program as a result of CDJFS notification of its intent to revoke the provider’s certificate.
(E) If the CDJFS denies the application or proposes to revoke a certificate due to any of the conditions listed in paragraph (B) of this rule, the CDJFS shall send written notification to the applicant or provider which contains the following information:
(1) The reason for denial or proposed revocation.
(2) The rule or statute violated, if applicable.
(3) The right of the applicant or provider to appeal the decision to deny the application or revoke the certificate and request a county appeal review in accordance with procedures outlined in rule 5101:2-14-40 of the Administrative Code.
(4) Notice that failure to receive a request for a county appeal review will result in immediate revocation of the certificate.
(5) Notice that reapplication for limited or professional certification cannot occur for at least one year following denial of the application, and five years following revocation of the certificate, or the provider’s voluntary withdrawal from the certification program as a result of CDJFS notification of its intent to revoke the provider’s certificate.
(F) When a certificate is revoked or has expired or the contract is not renewed, the CDJFS shall contact the caretaker who is receiving publicly funded child care services from the provider, by telephone with follow up written notification, to inform the caretaker of the following:
(1) The provider’s certificate has been revoked or has expired or the contract has not been renewed.
(2) The availability of alternate child care services.
(G) The CDJFS shall be responsible for maintaining a copy of all written notices to the provider in the provider’s file.
(H) When a provider voluntarily withdraws from the certification program, the CDJFS shall:
(1) Request the provider to submit the voluntary withdraw request in writing.
(2) Record the date the provider voluntarily withdrew from the limited certification program and file a copy of the written withdrawal in the provider’s file.
(3) Notify the provider, in writing, of the effective date of voluntary withdrawal from the certification program.
(4) Notify each caretaker receiving publicly funded child care services from the provider, in writing, of the following:
(a) The provider has voluntarily withdrawn from the certification program and the effective date of voluntary withdrawal.
(b) The availability of alternate child care services.
(I) The CDJFS shall notify ODJFS, the appropriate child care resource and referral agency and ODE, office of nutritional services, when a provider’s certification has been revoked, has expired, or the provider has voluntarily withdrawn from the certification program.
(J) The provider shall not receive publicly funded reimbursement for child care services from the CDJFS upon revocation of a certificate or voluntary withdrawal from the certification program.
(K) The CDJFS may terminate or not renew the limited certificate when the provider has not provided publicly funded child care for more than six months. If a limited certificate is terminated for this reason and during the course of the year the provider submits an application for limited or professional certification, no waiting period for application shall be applied.
Effective: 08/14/2008
R.C. 119.032 review dates: 11/30/2007 and 03/31/2013
Promulgated Under: 119.03
Statutory Authority: 5104.011
Rule Amplifies: 5104.011
Prior Effective Dates: 11/1/91 (Emer.), 1/20/92, 7/1/95, 3/15/96, 10/1/97, 4/10/03