LAW
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Ohio Laws and Rules
(A) Except as provided in paragraphs (B) and (C) of this rule, the county department of job and family services (CDJFS) shall not disseminate confidential information, which includes but is not limited to, the following:
(1) Child abuse and neglect investigative records, pursuant to section 2151.421 of the Revised Code and rule 5101:2-34-38 of the Administrative Code.
(2) The identity of an information source or witness to whom confidentiality has been reasonably promised.
(3) Any information, when such information would reasonably tend to disclose the identity of one to whom such confidentiality has been reasonably promised.
(4) Results of any criminal records check on an applicant, provider, adult residing in the type B provider’s home, emergency caregiver or substitute caregiver, 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 certification related to the criminal records check.
(5) The disposition of any investigation requested by a county department of job and family services (CDJFS) from the public children services agency (PCSA) concerning reports of child abuse or neglect on an applicant, provider, adult residing in the type B home, emergency caregiver or substitute caregiver. The CDJFS 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.
(6) 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.
(B) The CDJFS is responsible for sharing all provider, client, and fiscal information with the Ohio department of job and family services (ODJFS) during the course of a monitoring review of its certification program or when the ODJFS is investigating a complaint involving the CDJFS.
(C) As needed, the CDJFS shall share information with the PCSA or a law enforcement agency concerning an investigation of alleged child abuse or neglect.
(D) When information is disseminated, the following shall be documented in the provider’s record:
(1) Date information was disseminated.
(2) Agency, organization, or individual to whom information was disseminated.
(3) Reason for dissemination.
(4) Specific information disseminated.
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, 5104.11, 5104.12
Prior Effective Dates: 3/15/96, 10/1/97 (Emer.), 12/30/97, 4/1/03