5101:2-14-25 County department of job and family services licensing responsibilities for type B home providers.

(A) What are the responsibilities of the county department of job and family services (CDJFS) staff for licensing type B home providers?

(1) The county department of job and family services (CDJFS) shall train anyone employed by the CDJFS to inspect or investigate type B homes using the curriculum provided by the Ohio department of job and family services (ODJFS).

(a) The training shall be documented using the form included with the curriculum. Documentation shall be maintained on file at the CDJFS. The documentation shall remain on file for at least three years after the person is no longer conducting inspections or investigations of type B homes.

(b) The training shall be completed prior to the person conducting inspections or investigations.

(c) Anyone conducting inspections or investigations prior to the effective date of this rule shall complete the training within one year of the curriculum being released.

(d) If the curriculum is revised, the CDJFS shall document that anyone conducting inspections or investigations has reviewed the revised materials or has completed the training again.

(2) The CDJFS shall comply with all requirements set forth in Chapter 5104. of the Revised Code and Chapter 5101:2-14 of the Administrative Code.

(B) What are the CDJFS requirements for provider training?

(1) The CDJFS shall arrange, provide or purchase, a minimum of eighteen hours of training per year for licensed type B providers on subjects contained in rule 5101:2-14-08 of the Administrative Code, including the health and safety training.

(2) The CDJFS may charge providers a fee for participation in the training event provided that the total amount does not exceed the cost of the event. All fees received must be reported on the JFS 02827 "Public Assistance (PA) Quarterly Financial Statement" (rev. 10/2011).

(3) The CDJFS shall notify providers in advance of the scheduled training.

(C) What are the on-going CDJFS review requirements for licensed type B home providers?

(1) The CDJFS shall review:

(a) Bureau of criminal identification and investigation criminal records check (BCII) results for all individuals listed in rule 5101:2-14-07 of the Administrative Code, every five years from the date of the check.

(b) JFS 01329 "Statement of Nonconviction for Type B Homes and In-Home Aides" (rev. 1/2014), annually.

(c) JFS 01302 "Request for Child Abuse and Neglect Report Information" (rev. 1/2014).

(2) If the CDJFS determines that any of the BCII indicate a prohibitive offense as defined in paragraph (D) of rule 5101:2-14-07 of the Administrative Code, the CDJFS shall determine if the individual meets rehabilitation standards as detailed in "Appendix A" to rule 5101:2-14-07 of the Administrative Code.

(3) The CDJFS shall use the JFS 01527 "Notification of Criminal Records Check and Child Abuse and Neglect Check for Employees and Assistant" (1/2014) to notify the provider of the results of this review.

(D) What documentation must be maintained and what can be shared?

(1) The CDJFS shall maintain a case file on all licensed type B providers. The following certification and licensing documents shall be included in provider's file using the following retention schedule:

(a) The initial application and all supporting documentation (until the license is revoked or closed).

(b) For the provider and all individuals in the home as required by rule 5101:2-14-07 of the Administrative Code:

(i) Results of criminal records checks and completion of rehabilitation standards, if applicable (retain the most recent checks and rehabilitation standards).

(ii) JFS 01329 as required by rule 5101:2-14-07 of the Administrative Code (for five years from the date of the signature).

(iii) Results of the JFS 01302 (for five years from the date of the check).

(c) Inspection reports (for five years from the date of the report).

(d) All correspondence (for five years from the date of the correspondance).

(e) Compliance materials (for five years from the date of the materials).

(f) Copies of all written notices to the provider (for five years from the date of the notices).

(2) The CDJFS shall maintain the following certification and licensing documents in the type B home provider's file for each approved emergency caregiver or substitute caregiver, assistant or employee, using the following retention schedule:

(a) JFS 01923 "Emergency/Substitute Caregiver Statement" (rev. 1/2014) or JFS 01527 as required by rule 5101:2-14-09 of the Administrative Code (until the license is closed or revoked).

(b) Results of the criminal records checks and completion of rehabilitation standards required by rule 5101:2-14-07 of the Administrative Code (retain the most recent checks and rehabilitation standards).

(c) JFS 01329 as required by rule 5101:2-14-07 of the Administrative Code (for five years from the date of the signature).

(d) Results of the JFS 01302 as required by rule 5101:2-14-09 of the Administrative Code (for five years from the date of the check).

(3) The files required in paragraphs (C)(1) and (C)(2) of this rule shall be maintained according to the retention schedule for all open licenses. If a license is closed or revoked, the CDJFS shall maintain the provider file for two years after the date the license is closed or revoked.

(4) The CDJFS shall not disseminate the following confidential information:

(a) Child abuse and neglect investigative records, pursuant to sections 5101.131 and 2151.421 of the Revised Code and rules 5101:2-33-21 and 5101:2-33-22 of the Administrative Code.

(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 on an applicant, provider, adult residing in the type B provider's home, employee, assistant, emergency caregiver or substitute caregiver, 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 CDJFS from the PCSA concerning reports of child abuse or neglect on an applicant, provider, adult residing in the type B home, employee, assistant, emergency caregiver or substitute caregiver. The CDJFS 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) Provider 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.

(5) As needed, the CDJFS shall share information with the PCSA or a law enforcement agency concerning an investigation of alleged child abuse or neglect.

(6) A provider shall have the right to access, review and make copies of any information in the CDJFS or ODJFS files of the provider, except information prohibited by state or federal law. The provider may be accompanied by a union representative or other legal representation for this purpose and/or may authorize a union representative or other legal representative to access such information.

(7) The CDJFS is responsible for sharing all provider, client, and fiscal information with ODJFS during the course of a monitoring review of its licensing program or if ODJFS is investigating a complaint involving the CDJFS.

(8) ODJFS shall have access to all information in the provider's file.

(E) Can the CDJFS require any additional requirements?

(1) Additional requirements approved prior to January 1, 2014 shall continue as long as there is no cost to the provider.

(2) The CDJFS shall:

(a) Notify all providers and applicants of the additional requirements, upon approval.

(b) Make the requirements available in writing to the public upon request.

(F) What does the CDJFS need to report annually to ODJFS?

(1) The number of providers for whom the CDJFS waived the six hour break requirement pursuant to rule 5101:2-14-06 of the Administrative Code.

(2) The number of providers who provide care only during non-traditional hours and the inspection history for those providers pursuant to rule 5101:2-14-03 of the Administrative Code.

(3) For those required to have a criminal records check pursuant to rule 5101:2-14-07 of the Administrative Code, the number for whom rehabilitation standards were determined and were approved or denied.

(4) The number of orientation sessions scheduled or held with the number of attendees, pursuant to rule 5101:2-14-02 of the Administrative Code.

(5) Impact of additional requirements approved pursuant to paragraph (E) of this rule.

Replaces: 5101:2-14-61, 5101:2-14-62

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 , 5104.013 , 5104.12
Prior Effective Dates: 4/1/82, 5/20/83, 10/1/83, 9/1/86, 2/15/88, 5/1/89, 11/1/91 (Emer.), 1/20/92, 7/1/95, 3/15/96, 10/1/97 (Emer.), 12/30/97, 4/1/03, 8/14/08, 7/1/11, 8/3/13.