(A) Each type B home provider or in-home aide with a professional certification shall designate at least one individual to serve as an emergency or substitute caregiver. The provider shall ensure that children are left only with individuals who meet the requirements in this rule and have been approved as emergency or substitute caregivers by the county department of job and family services (CDJFS). This person may be the same individual if he or she will serve in both capacities.
(1) The provider shall have at least one emergency or substitute caregiver who is not a certified type B home provider or in-home aide.
(2) The type B home provider or in-home aide shall maintain the JFS 01923 "Emergency/Substitute Caregiver Statement" (rev. 8/2008) on file in the type B home or home of a child receiving in-home aide services.
(B) The emergency or substitute caregiver shall meet all of the following requirements:
(1) Is at least eighteen years of age.
(2) Has not had his or her type B home provider or in-home aide certification revoked in the past five years.
(3) Has signed the JFS 01329 "Statement of Nonconviction Type B Homes and In-Home Aides" (rev. 8/2008) attesting that he or she has not been convicted of or pleaded guilty to any offense listed on the statement and that no child has been removed from his or her home pursuant to section 2151.353 of the Revised Code.
(4) Has had a bureau of criminal identification and investigation (BCII) and federal bureau of investigation (FBI) criminal records check conducted and results returned as prescribed in rule 5101:2-14-11 of the Administrative Code.
(5) Provides a safe and healthy environment when children are present.
(6) Ensures that any individuals whose behavior or health endangers the health, safety and well-being of children are not present while child care is being provided.
(7) Has immediate access at all times to a working land-line telephone on the premises.
(8) Individuals who are approved as emergency or substitute caregivers on or after April 1, 2003, shall sign the JFS 01923.
(9) Individuals who are not currently certified type B home providers or in-home aides shall complete the JFS 01750 "Health and Safety in Family Child Care Homes" (rev. 7/2010) course, not more than six months prior to the CDJFS approving them as emergency or substitute caregivers.
(10) Complete and maintain current certification in both first aid and cardiopulmonary resuscitation (CPR) within ninety calendar days of being approved. Individuals currently approved by the CDJFS shall complete and maintain current certification in both first aid and CPR within six months of the effective date of this rule.
(C) The type B home provider or in-home aide shall give the following items to each prospective emergency and substitute caregiver to complete and return to the CDJFS:
(1) JFS 01329.
(2) Items necessary to complete the BCII and FBI criminal records checks.
(D) Emergency and substitute child care shall occur only in a certified type B home or the home of a child receiving in-home aide services. If the emergency or substitute care is provided by another certified type B provider, that provider shall also immediately notify the CDJFS when he or she is providing emergency or substitute care. The CDJFS shall verify that the provider is able to maintain required group size. Emergency child care shall not exceed one day at any one time, and substitute child care shall not exceed fourteen consecutive days at any one time.
(E) The type B home provider or in-home aide shall contact the caretaker immediately when an emergency caregiver shall be used for illness or unplanned absences of short duration caused by unanticipated circumstances such as accident or other family crises. The type B home provider or in-home aide shall notify the CDJFS, according to CDJFS procedures, by the next working day when an emergency caregiver was used. Failure of proper notification may result in revocation of the certificate.
(F) The type B home provider or in-home aide shall contact the caretaker and the CDJFS, according to CDJFS procedures, prior to all planned absences when a substitute caregiver will be needed. The CDJFS may deny the use of substitute care. Failure of proper notification may result in revocation of the certification. The following information shall be discussed:
(1) Date substitute care is needed.
(2) Name of the substitute caregiver that either the caretaker or provider shall use.
(3) Location where substitute care will be provided.
(G) The type B home provider or in-home aide shall ensure that the emergency or substitute caregiver has the following information at the time child care services are provided:
(1) Telephone number where the caretaker can be reached for each child in care.
(2) Telephone number of the type B home provider or in-home aide.
(3) Location of first aid supplies.
(4) JFS 01297 " Child Enrollment and Health Information" (rev. 8/2008).
(5) JFS 01932 "Child's Medical Statement " (rev. 8/2008).
(H) The CDJFS may compile and make available a list of emergency or substitute caregivers who meet the requirements of this rule to applicants or providers .
(I) The CDJFS shall maintain the following documents in the type B home provider's or in-home aide's file for each approved emergency or substitute caregiver:
(1) JFS 01923.
(2) JFS 01329.
(3) Results of the BCII and FBI criminal background checks.
(4) Results of the JFS 01302 "Request for Child Abuse and Neglect Report Information" (rev. 9/2006).
(5) Verification that the JFS 01750 training has been completed.
(6) Verification that first aid and CPR training has been completed and certification is current.
(J) A type B provider may use an emergency/substitute caregiver as an assistant in the type B home.
(1) There is no limit on the hours or days the provider may use an emergency/substitute caregiver as an assistant.
(2) The provider shall provide a completed JFS 01920 "Emergency/Substitute Caregiver Acting as an Assistant in a Type B Professional Certified Child Care Home" (4/2011) 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.
(3) The provider shall notify parents when an emergency/substitute caregiver is used as an assistant.
(4) Use of an assistant does not change the provider's capacity.
(5) The provider shall be present in the home or on the premises of the home when the emergency/substitute caregiver is used as an assistant.
(K) The requirements for use of an emergency/substitute caregiver as described in paragraphs (A) to (H) of this rule are not affected by the requirements of paragraph (I) of this rule.
(L) As required in rule 5101:2-14-16 of the Administrative Code, the provider shall not be paid with public child care funds for caring for a child of the assistant during the time the assistant is in the provider's home.
(M) Any payment from the provider to the 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.
R.C. 119.032 review dates: 03/31/2013
Promulgated Under: 119.03
Statutory Authority: 5104.011
Rule Amplifies: 5104.011
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