5101:2-14-04 Denial and revocation of a licensed type B home provider.

(A) If a licensed type B home provider or applicant does any of the following, the county department of job and family services (CDJFS) may recommend to the Ohio department of job and family services (ODJFS) the denial of an application or revocation of a provisional or continuous license:

(1) The provider is not in compliance with Chapter 5101:2-14 of the Administrative Code or Chapter 5104. of the Revised Code.

(2) The provider or a household member has a prohibited offense pursuant to rule 5101:2-14-07 of the Administrative Code and does not meet the rehabilitation standards defined in rule 5101:2-14-07 of the Administrative Code.

(3) The provider fails to cooperate with the CDJFS in the licensing process or complaint investigation including but not limited to, consistently being unavailable for unannounced inspections conducted by the CDJFS.

(4) The provider owes delinquent overpayments for publicly funded child care.

(5) The provider owes a delinquent child care copayment for the provider's own children to another child care provider, unless the provider is currently complying with a repayment plan pursuant to Chapter 5101:2-16 of the Administrative Code.

(6) Someone under the age of eighteen who resides in the home has been adjudicated a delinquent child for committing a violation of any section listed in division (A)(4) or (A)(5) of section 109.572 or division (A)(1) of section 5104.09 of the Revised Code.

(7) The CDJFS has determined through the results of the child abuse and neglect report or any other means pursuant to rule 5101:2-14-07 of the Administrative Code, that there is an individual, of any age, who resides in the home and whose behavior or health may endanger the health, safety or well-being of children in care at the home.

(8) A 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 endanger the health, safety or well-being of children.

(9) A 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.

(10) The provider misuse the Ohio electronic child care system pursuant to Chapter 5101:2-16 of the Administrative Code.

(11) The provider no longer has a provider agreement pursuant to Chapter 5101:2-16 and rule 5101:2-14-02 of the Administrative Code.

(12) The provider has not provided care to publicly funded children for at least six consecutive months.

(B) The voluntary surrender of a license to the CDJFS or the withdrawal of an application for licensure shall not prohibit ODJFS from revoking a license or denying an application for licensure.

(C) If the provider has previously been certified or licensed in this state or any other state as a limited, professional, or licensed provider, and in the last five years his or her certificate or license was revoked, he or she shall not be licensed.

(D) If a license of a child care center, a type A home, or a type B home is revoked, another license shall not be issued to the owner of the center, type A home, or type B home until five years have elapsed from the date the license is revoked.

(E) If an application for a child care center, type A home or type B home license is denied, the applicant shall not be licensed until five years have elapsed from the date the application is denied.

(F) CDJFS denial and revocation of a license:

(1) The CDJFS may recommend to ODJFS the denial of an application or revocation of a provisional or continuous license for any of the reasons detailed in paragraph (A) of rule 5101:2-14-04 of the Administrative Code.

(2) The CDJFS shall provide any requested documents to ODJFS.

(3) If a license is revoked, the CDJFS shall contact any caretakers who are receiving publicly funded child care services from the provider, by telephone with follow up written notification, to inform the caretaker of the following:

(a) The provider's license has been revoked.

(b) The availability of alternate child care services.

(G) The CDJFS shall contact ODJFS within the same business day to recommend immediate termination of the provider agreement required in paragraph (I) of rule 5101:2-14-02 and Chapter 5101:2-16 of the Administrative Code if any of the following occurs:

(1) The provider has any of the noncompliances detailed in paragraph (A)(2), (A)(6), (A)(8) or (A)(9) of this rule.

(2) Any adult residing in the type B home refuses to comply with the criminal records check requirements detailed in rule 5101:2-14-07 of the Administrative Code.

(3) The conditions in the home endanger the health, safety or well-being of children.

(H) ODJFS may propose the following actions that afford the right to a prior adjudicatory hearing in accordance with the requirements of Chapter 119. of the Revised Code:

(1) Denial of an initial license.

(2) Revocation of an existing license, either provisional or continuous.

(3) Issuance of a license with authorization for license capacity which does not agree with the authorization sought by the provider.

(4) Denial of a regular license at the expiration of the type B home's provisional license.

(I) ODJFS may propose actions that are of a ministerial nature and which are not subject to the right to an administrative hearing. These include rejection by ODJFS of any application for a license for procedural reasons such as, but not limited to, improper fee payment, incomplete submission of required materials or use of invalid forms. This also includes denial of an application for reasons detailed in paragraph (C),(D) or (E) of this rule.

Replaces: 5101:2-14-06

Effective: 01/01/2014
R.C. 119.032 review dates: 01/01/2019
Promulgated Under: 119.03
Statutory Authority: 5104.018
Rule Amplifies: 5104.018 , 5104.11 , 5104.12
Prior Effective Dates: 4/1/82, 9/1/86, 2/15/88, 5/1/89, 11/1/91 (Emer.), 1/20/92, 3/15/96, 10/1/97 (Emer.), 12/30/97, 4/10/03, 8/14/08, 7/1/11