(A) What are the county agency responsibilities for certifying an in-home aide (IHA)?
(1) The county agency shall accept and approve or deny all applications for certification as an IHA within one hundred twenty days from the date the application is submitted in the Ohio child licensing and quality system (OCLQS).
(2) If the parent and IHA applicant need help in completing the forms, the county agency shall provide assistance.
(3) The county agency shall conduct an inspection at the home of the parent to verify compliance using the JFS 01533 "In-Home Aide Inspection" (rev. 12/2016). This inspection shall be conducted prior to the issuance of a certificate and annually each fiscal year thereafter.
(4) The county agency shall provide a copy of the certificate to the parent of a child receiving in-home aide services.
(5) The county agency shall review the bureau of criminal investigation (BCI) criminal records checks, JFS 01302 "Request for Child Abuse and Neglect Report Information for Child Care" (rev. 12/2016) and the JFS 01328 "Statement of Nonconviction for Child Care" (rev. 12/2016) pursuant to rule 5101:2-14-04 of the Administrative Code.
(6) The county agency may charge a fee for the costs incurred in obtaining a criminal records check. A fee charged by the county agency shall not exceed the fee paid by the county agency to BCI or to the agency submitting the criminal records check request to BCI.
(B) When shall a county agency issue a certificate?
The county agency shall issue a certificate when all of the following are met:
(1) The county agency has determined the IHA is in compliance with Chapter 5101:2-14 of the Administrative Code.
(2) The county agency has reviewed the BCI and federal bureau of identification (FBI) criminal records checks and the JFS 01328 and determined that the IHA applicant has not been convicted of or pleaded guilty to an offense listed in division (A)(5) of section 109.572 of the Revised Code, and has not had a child removed from his or her home due to abuse or neglect cause by the IHA pursuant to section 2151.353 of the Revised Code
(a) An IHA may be certified or continue to be certified if the county agency determines the applicant who has been convicted of or pleaded guility to an offense listed in division (A)(5) of section 109.572 of the Revised Code, meets the rehabilitation standards detailed in appendix A to this rule.
(C) When shall a county agency renew a certificate?
The county agency shall renew a certificate when all of the following are met:
(1) The IHA has submitted a recertificaiton application in the OCLQS.
(2) The parent and IHA complete a new JFS 01642 "In-Home Aide Assurances" (rev. 12/2016).
(3) The county agency has obtained current information from the public children services agency (PCSA) about the IHA by the completion of the JFS 01302.
(4) The county agency conducts a recertification home inspection.
(5) It is determined the IHA remains in compliance with the certification requirements contained in Chapter 5101:2-14 of the Administrative Code.
(D) What does the county agency do if it is determined the IHA is not in compliance?
(1) If the county agency determines the IHA is not in compliance with this chapter or Chapter 5104. of the Revised Code the county agency shall forward to the IHA written notification which includes:
(a) A statement of the specific rule violations.
(b) A statement of what must be done to correct the rule violations.
(c) The date, not to exceed thirty business days, by which the correction shall be completed.
(d) A statement of the consequences if the IHA fails to correct violations within the specified time frame.
(e) A statement that the IHA has the right to appeal the actions of the county agency and request a county appeal review in accordance with the procedures outlined in (E) of this rule.
(2) If the county agency determines that the IHA is not in compliance with Chapter 5101:2-14 of the Administrative Code or Chapter 5104. of the Revised Code, the county agency may revoke the certificate.
(3) Upon revocation of a certificate, the county agency shall notify the IHA of its right to appeal the decision to revoke the certificate and request a county appeal review in accordance with procedures outlined in paragraph (E) of this rule.
(4) The voluntary surrender of a certificate to the county agency shall not prohibit the county agency from revoking a certificate pursuant to this paragraph of this rule.
(5) If the parent whose child is receiving IHA services fails to cooperate with the county agency or to comply with this chapter and Chapter 5104. of the Revised Code, the county agency shall deny or terminate the IHA arrangement, revoke the IHA certificate and inform the parent of alternative child care options.
(E) What is the process if an IHA requests a county appeal?
(1) If the IHA requests an appeal review, the following steps shall be followed:
(a) The county agency shall schedule a county appeal review within fifteen business days of receipt of a written county appeal review request and notify the IHA in writing of the time, date and place of the review.
(b) The individual responsible for conducting the county appeal review shall not be someone who was a party to the decision that is the subject of the review.
(c) The IHA shall have the opportunity to present his or her case and examine the contents of the case file that are relevant to the county agency decision to revoke or deny the certification.
(d) The county agency is responsible for preparing and issuing a written decision to the IHA within ten business days from the date of the county appeal review. The decision shall include the following information:
(i) The action which was appealed.
(ii) Finding of facts.
(iii) Citation and summarization of relevant Administrative Code rules which support the facts established.
(iv) Outcome of the appeal on each issue addressed.
(2) The county appeal review decision is final in regard to the appeal procedures contained in rule.
(F) What information can a county agency publicly share regarding an IHA?
(1) Except as provided in paragraph (F)(2) to (F)(3) of this rule, the county agency shall not disseminate confidential information which includes, but is not limited to, the following:
(b) The identity of an information source or witness to whom confidentiality has been reasonably promised.
(c) Any information, when such information would reasonably tend to disclose the identity of one to whom such confidentiality has been reasonably promised.
(d) Results of any criminal records check conducted by the bureau of criminal investigation (BCI) on an applicant, 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.
(e) The disposition of any investigation requested by a county agency from the PCSA concerning reports of child abuse or neglect on an applicant. The county agency 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.
(f) IHA 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.
(2) The county agency is responsible for sharing all IHA, client, and fiscal information with the ODJFS during the course of a monitoring review of its certification program or when the ODJFS is investigating a complaint involving the county agency.
(3) As needed, the county agency shall share information with the PCSA or a law enforcement agency concerning an investigation of alleged child abuse or neglect.
(4) When information is disseminated, the following shall be documented in the IHA's record:
(a) Date information was disseminated.
(b) Agency, organizations, or individual to whom information was disseminated.
(c) Reason for dissemination.
(d) Specific information disseminated.
(G) May the county have additional requirements that exceed the in-home aide certification standards in Chapter 5101:2-14 of the Administrative Code?
The county agency shall not have additional requirements for certifying in-home aides.
Five Year Review (FYR) Dates: 12/31/2021
Promulgated Under: 119.03
Statutory Authority: 5104.019
Rule Amplifies: 5104.12, 5104.019
Prior Effective Dates: 4/1/82, 9/1/86, 2/15/88, 5/1/89, 7/1/95, 3/15/96, 10/1/97 (Emer.), 12/30/97, 4/1/03, 1/1/07, 8/14/08, 12/1/2009, 11/15/10, 8/3/13, 1/1/14