5101:2-14-03 Compliance inspection and complaint investigation of a licensed type B home provider.

(A) Each licensed type B home provider shall comply with the following inspections:

(1) At least one inspection prior to the initial issuance of a provisional license.

(2) At least three inspections during the provisional period, including at least two unannounced.

(3) At least two inspections each state fiscal year after the issuance of the continuous license, including at least one unannounced.

(B) Provisional inspections may be conducted even if children are not currently enrolled.

(C) The type B home provider shall permit the county department of job and family services (CDJFS) or Ohio department of job and family services (ODJFS) to:

(1) Complete an inspection of all areas of the type B home as required by Chapter 5101:2-14 of the Administrative Code.

(2) Review required records and documentation.

(D) The type B home provider shall provide written materials to address noncompliances detailed in the written inspection report and as requested by the CDJFS within the timeframe requested in the inspection report.

(E) The type B home provider shall make available all inspection reports within the previous twelve months upon request of a caretaker. The provider shall remove all confidential information prior to providing a copy the inspection report.

(F) The type B home provider shall permit the CDJFS to investigate all complaints involving the type B home provider.

(G) The type B home provider shall not misrepresent, falsify or withhold information from the CDJFS or ODJFS.

(H) CDJFS requirements for compliance inspection and complaint investigation:

(1) The CDJFS shall inspect each type B home according to the schedule in paragraph (A) of this rule.

(2) All inspections shall be completed during the operating hours of the type B home even if children are not currently enrolled.

(3) For each inspection, the CDJFS shall complete the JFS 01926 "Inspection Report for Professional Type B Family Child Care" (rev. 1/2014) and provide a hard copy or electronic copy of the inspection report to the provider before the CDJFS staff leaves the provider's home. If additional information is added to the report or it is revised in any way, the CDJFS shall send a copy of the report to the provider within five business days of the date of the addition or revision.

(4) The CDJFS shall investigate any complaints alleging rule noncompliance against a type B home provider. The CDJFS may inspect the type B home as part of the complaint investigation.

(a) Investigations of all complaints shall begin within five business days of receipt of a complaint by the CDJFS, unless the complaint falls under paragraph (I) of this rule.

(b) For each investigation, the CDJFS shall complete the JFS 01526 "Complaint Investigation Receipt" (1/2014) and furnish one copy to the type B home provider before the CDJFS staff leaves the provider's home. The CDJFS shall then complete the JFS 01921 "Complaint Disposition Report" (rev. 10/2010) and send a copy to the provider within five business days. If additional information is added to the report or it is revised in any way, the CDJFS shall send a copy of the report to the provider within five business days of the date of the addition or revision.

(c) If a JFS 01921 is completed as part of an investigation conducted by telephone, the CDJFS shall send a copy of the report to the provider within five business days of the initial telephone contact. If additional information is added to the report or it is revised in any way, the CDJFS shall send a copy of the report to the provider within five business days of the date of the addition or revision.

(5) Each JFS 01926 and JFS 01921 shall include:

(a) A statement of the specific noncompliance findings.

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

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

(6) The CDJFS shall provide a copy of the JFS 01921 and JFS 01926 to anyone who submits a request to the CDJFS. The CDJFS shall remove all confidential information prior to providing a copy of the JFS 01921 and JFS 01926.

(I) Additional complaint requirements:

(1) If the complaint alleges an immediate risk to children, the CDJFS shall:

(a) Begin the investigation by the next business day of receipt of the complaint.

(b) Notify the caretakers of all children receiving child care services from the provider, by the next business day, of the ongoing investigation and the rule which the complainant alleges has been violated.

(c) Send to the caretakers of all children receiving child care from the provider a completed copy of the JFS 01922 "Notification of Child Care Investigation" (rev. 1/2014) within three business days of receipt of the complaint. The caretakers of children not involved in the complaint shall not be provided with names of children involved. Caretakers of children involved in the complaint shall be informed of the alleged rule violations involving their child.

(2) If the complaint alleges child abuse or neglect, the CDJFS shall report the complaint within the same business day to the public children services agency (PCSA). The oral report shall be followed with a written report to the PCSA, if requested by the PCSA. The written report shall contain the following:

(a) A summary of the allegations.

(b) The name of the reporter, unless anonymity is requested.

(c) A summary of actions taken by the CDJFS or plans to initiate an investigation of noncompliance with the regulations contained in Chapter 5101:2-14 of the Administrative Code.

(d) A request for clarification of joint or parallel investigatory roles.

(3) If the CDJFS receives a report that an unlicensed type B home may be caring for too many children in violation of section 5104.02 of the Revised Code, the CDJFS shall refer the report to the appropriate ODJFS child care licensing office for investigation. If the type B home is licensed, the CDJFS shall conduct an investigation according to procedures contained in this rule.

(4) If the CDJFS receives a JFS 01299 "Incident/Injury Report for Child Care Centers/Type A Homes/Type B Providers" (rev. 6/2007) pursuant to paragraphs (B) to (D) of rule 5101:2-14-16 of the Administrative Code, the CDJFS shall fax or email the JFS 01299 to ODJFS by the next business day from receipt of the report.

(5) A PCSA investigation does not relieve the CDJFS of its responsibility to investigate provider noncompliance with regulations contained in Chapter 5101:2-14 of the Administrative Code unless the PCSA indicates that the CDJFS complaint investigation would interfere with the PCSA's investigation of the case.

Replaces: 5101:2-14-03, 5101:2-14- 03.1

Effective: 01/01/2014
R.C. 119.032 review dates: 01/01/2019
Promulgated Under: 119.03
Statutory Authority: 5104.018 , 5104.12
Rule Amplifies: 5104.018 , 5104.12
Prior Effective Dates: 4/1/82, 5/20/83, 9/1/86, 2/15/88, 5/1/89, 3/15/96, 10/1/97 (Emer.), 12/30/97, 4/1/03, 8/14/08