5101:2-14-09 Emergency/substitute caregivers, assistants and employees for a licensed type B home provider.

(A) Each licensed type B home provider shall designate at least one person to serve as an emergency or substitute caregiver. The emergency or substitute caregiver may be the same person if he or she will serve in both capacities. The provider shall:

(1) Have at least one emergency or substitute caregiver who is not a licensed type B home provider or a certified in-home aide.

(2) Maintain the JFS 01923 "Emergency/Substitute Caregiver Statement for Type B Home Provider" (rev. 1/2014) on file.

(3) Only leave children with people who meet the requirements of this rule and have been approved as emergency or substitute caregivers by the county department of job and family services (CDJFS).

(B) The emergency or substitute caregiver shall meet all of the requirements detailed in "Appendix A" to this rule.

(C) The emergency or substitute caregiver or employee shall follow all of the requirements in rule 5101:2-14-20 of the Administrative Code.

(D) Emergency and substitute child care shall occur only in the type B home to which the children are authorized.

(E) If the emergency or substitute child care is provided by another licensed type B provider, that provider shall:

(1) By next working day, notify the CDJFS when he or she is providing emergency or substitute care.

(2) Maintain required group size, which may be verified by the CDJFS.

(F) Emergency child care shall not exceed one day at any one time, and substitute child care shall not exceed fourteen consecutive calendar days at any one time.

(G) The type B home provider shall contact each caretaker immediately if an emergency caregiver shall be used for illness or unplanned absences of short duration caused by unanticipated circumstances such as an accident or other family crises. The type B home provider shall notify the CDJFS by the next business day when an emergency caregiver is used.

(H) The type B home provider shall contact the caretaker and the CDJFS prior to all planned absences when a substitute caregiver will be needed. The following information shall be discussed:

(1) Date substitute care is needed.

(2) Name of the substitute caregiver who will be providing child care services.

(I) A request for use of a substitute caregiver may be denied by the CDJFS if the situation does not meet the requirements for substitute care as set forth in this rule.

(J) The type B home provider shall ensure that the emergency or substitute caregiver has the following information at the time child care services are provided:

(1) Telephone number where each caretaker can be reached for each child in care.

(2) Telephone number where the type B home provider can be reached.

(3) Location of first aid supplies.

(4) Completed JFS 01297 "Child Enrollment and Health Information" (rev. 8/2008) for each child enrolled.

(5) Completed medical statement for each child enrolled as required by paragraph (B) of rule 5101:2-14-15 of the Administrative Code.

(6) Completed JFS 01928 "Child Medical/Physical Care Plan for Type B Family Child Care and In-Home Aides" (rev. 1/2014), if applicable.

(K) The emergency or substitute caregiver who cares for children shall be responsible for child guidance and management.

(L) The emergency or substitute caregiver or employee shall be trained by a caretaker or certified professional before being permitted to perform medical procedures or other action needed for a health condition or special need.

(M) A type B provider may have an assistant in the type B home.

(1) The assistant shall meet all of the requirements detailed in "Appendix A" to this rule.

(2) There is no limit on the hours or days the provider may use an assistant.

(3) The provider shall provide a completed JFS 01920 "Emergency/Substitute Caregiver Acting as an Assistant in a Type B Professional Certified Child Care Home" (rev. 1/2014) to the CDJFS prior to using an emergency/substitute caregiver as an assistant. A copy of this form shall be maintained in the provider's files for each assistant.

(4) The provider shall notify caretakers if an assistant is used.

(5) Use of an assistant does not change the provider's capacity and the provider shall continue to meet all supervision requirements as detailed in rule 5101:2-14-20 of the Administrative Code.

(6) An assistant shall not include a caretaker of a child enrolled in the type B home.

(N) Any payment from the provider to an employee or to an emergency/substitute for services provided when acting as an assistant is not a financial obligation of the CDJFS, the Ohio department of job and family services (ODJFS) or the caretaker.

(O) A type B home provider may have an employee. An employee:

(1) Is a person who receives compensation for duties performed in a type B home or has assigned work hours or duties.

(2) Shall not include a caretaker of a child enrolled in the type B home.

(3) Shall meet all of the requirements detailed in "Appendix B" to this rule.

(4) Shall meet all training requirements prescribed in rule 5101:2-14-08 of the Administrative Code.

(5) May be used to meet group size and supervision requirements and may be left alone with the children.

(6) May be used to meet the emergency/substitute caregiver requirements of this rule. If the provider is using an employee as the emergency/substitute caregiver, the provider does not need to notify the CDJFS.

(7) May act in the provider's place during an inspection if the provider is not present.

(P) The provider shall complete the JFS 01527 "Notification of Criminal Records Check and Child Abuse and Neglect Check for Employees and Assistant" and sumbit it to the CDJFS when either of the following occurs:

(1) The provider will be using an employee.

(2) The provider will be using an assistant who is not already an approved emergency or substitute caregiver.

(Q) The provider shall keep a file with all documents listed in "Appendix B" to this rule at the type B home for review by the CDJFS, with the exception of the bureau of criminal identification and investigation (BCII) to criminal records check and the federal bureau of investigation (FBI) criminal records check which shall be sent to the CDJFS as required by rule 5101:2-14-07 of the Administrative Code.

(R) The provider may have an assistant or an employee, but not both.

(S) The type B provider shall be on-site seventy-five percent of the hours of operation. The provider may request short term exemption from this requirement from the CDJFS.

Replaces: 5101:2-14-14

Click to view Appendix

Click to view Appendix

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
Prior Effective Dates: 4/1/82, 5/20/83, 9/1/86, 2/15/88, 5/1/89, 7/1/95, 10/1/97 (Emer.), 12/30/97, 4/1/03, 8/14/08, 7/1/11.