Lawriter - OAC - 5101:2-14-03 Qualifications for certification as an in-home aide.

5101:2-14-03 Qualifications for certification as an in-home aide.

(A) What are the qualifications to be certified as an in-home aide (IHA)?

The in-home aide (IHA) shall complete all application requirements in accordance with appendix A to rule 5101:2-14-02 of the Administrative Code and shall meet the following qualifications:

(1) Be at least eighteen years old.

(2) Have completed a high school education as verified by appendix A to this rule, for those individuals certified after April 1, 2003.

(3) Be physically, intellectually and emotionally capable of complying with 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.

(4) Be currently certified in first aid and cardiopulmonary resuscitation (CPR) as described in appendix B to this rule.

(5) Maintain current training in management of communicable disease as described in appendix B to this rule.

(6) Maintain a current training in six-hour child abuse recognition and prevention as described in appendix B to this rule.

(7) Maintain a copy of the certificate in his or her files.

(8) Not be involved in any other employment during the hours in which care is provided.

(9) Not use or disclose any information concerning the family receiving publicly funded child care to anyone other than the county agency or the Ohio department of job and family services (ODJFS), except upon written consent of the parent.

(10) Submit verification that he or she meets the medical statement requirements detailed in appendix C to this rule.

(B) What are the on-going professional development requirements for IHA?

Complete a minimum of six clock hours of training annually in any of the categories listed in appendix D to this rule each fiscal year. The fiscal year is defined July first through June thirtieth.

(C) What records are included in a background check?

(1) Bureau of criminal investigation (BCI) records pursuant to section 5104.013 of the Revised Code.

(2) Federal bureau of investigation (FBI) records pursuant to section 5104.013 of the Revised Code.

(3) National sex offender registry.

(4) State sex offender registry.

(5) Statewide automated child welfare information system (SACWIS) records.

(D) When is a background check required?

(1) At application.

(2) Every five years from the date of the most recent background check.

(E) How is a background check obtained?

The in-home aide shall:

(1) Complete and submit the JFS 01175 "Reguest for a Background Check for Child Care" (10/2017) to the Ohio department of job and family services (ODJFS) or the Ohio professional development registry (OPR) system generated equivalent,

(2) Submit fingerprints electronically according to the process established by BCI and have the BCI and FBI results sent directly to ODJFS. Information on how to obtain a background check can be found at http://www.ohioattomeygeneral.gov/Business/Services-for-Business/WebCheck.

(3) Create a profile in the OPR.

(4) An in-home aide certified prior to the effective date of this rule shall sumbit to ODJFS the JFS 01175 and create a profile in the OPR by January 1, 2018.

(F) What if an IHA previously resided in a state other than Ohio?

(1) ODJFS will contact any states in which the individual resided in the previous five years to request the information required in paragraph (C) of this rule.

(2) Any information received from other states will be reviewed and considered by ODJFS as part of the background check review pursuant to paragraph (G) of this rule.

(G) What makes an IHA ineligible for certification?

(1) A conviction or guilty plea to an offense listed in division (A)(5) of section 109.572 of the Revised Code. unless the individual meets the rehabilitation criteria in appendix E to this rule.

(a) Section 109.572 of the Revised Code requires that this rule applies to records of convictions that have been sealed pursuant to section 2953.32 of the Revised Code.

(b) A conviction of or a plea of guilty to an offense listed in division (A)(5) of section 109.572 of the Revised Code is not prohibitive if the individual has been granted an unconditional pardon for the offense pursuant to Chapter 2967. of the Revised Code or the conviction or guilty plea has been set aside pursuant to law. For purposes of this rule. "unconditional pardon" includes a conditional pardon with respect to which all conditions have been performed or have transpired.

(2) Being registered or required to be registered on the national or state sex offender registry or repository.

(3) The IHA is identified in SACWIS as the perpetrator for a substantiated finding of child abuse or neglect in the previous ten years from the date on the JFS 01175 or the IHA has had a child removed from their home in the previous ten years pursuant to section 2151.353 of the Revised Code due to a court determination of abuse or neglect caused by the IHA.

(H) What happens after ODJFS completes the background check on an IHA?

(1) The county agency will receive the JFS 01176 "Program Notification of Background Check Review for Child Care" (10/2017) from ODJFS.

(a) For an IHA eligible for employment, the county agency shall keep the JFS 01176 on file if the individual is certified.

(b) For an IHA not eligible for employment, the county agency shall deny the certification pursuant to rule 5101:2-14-06 of the Administrative Code immediately upon receipt of the JFS 01176.

(2) The IHA will receive the JFS 01177 "Individual Notification of Background Check Review for Child Care" (10/2017) from the ODJFS.

(a) If the IHA believes the information received is not accurate, the IHA may directly contact the agency that contributed the questioned information.

(b) If the IHA disagrees with the decision made by ODJFS, a JFS 01178 "Request for Review of Background Check Decision for Child Care" (10/2017) shall be completed to request a review of the decision.

(I) What happens after an IHA submits a JFS 01178 to ODJFS?

If an IHA requests a review of a background check decision pursuant to paragraph (H)(2)(b) to this rule:

(1) An IHA who is certified shall not serve children during the review.

(2) Once a determination is made, ODJFS will send an updated JFS 01176 to the county agency and an updated JFS 01177 to the IHA.

(3) If the IHA is determined to be eligible for employment, the county agency may allow the IHA to be certified and shall keep the updated JFS 01176 on file pursuant to paragraph (H)(1)(a) to this rule.

(J) What are the background check requirements when an IHA adds a family or changes the family associated with the certification?

(1) Only the JFS 01175 is required if the IHA meets all of the following:

(a) The iIHA has a current background check determination by ODJFS completed in the previous five years pursuant to this rule.

(b) The IHA has been employed by a child care center, type A home, type B home, approved day camp, a preschool or school-age program approved to provide publicly funded child care or certified as an in-home aide in the previous one hundred eighty consecutive days.

(2) Upon receipt of the updated JFS 01175, ODJFS will send the JFS 01177 based on the existing background check determination to the county agency.

Replaces: 5101:2-14-03

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Cite as Ohio Admin. Code 5101:2-14-03

Effective: 10/29/2017
Five Year Review (FYR) Dates: 10/29/2022
Promulgated Under: 119.03
Statutory Authority: 5104.019, 5104.013
Rule Amplifies: 5104.013 , 5104.019
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, 8/14/08, 8/3/13, 1/1/14, 11/1/15, 12/31/16