5101:2-14-35 County department of job and family services (CDJFS) responsibility for compliance and complaint investigation for an in-home aide (IHA).

(A) The county department of job and family services (CDJFS) shall investigate any complaints against an in-home aide (IHA). The CDJFS may inspect the IHA home as part of the complaint investigation.

(1) Investigations of all complaints shall begin within five business days of receipt of a complaint by the CDJFS, unless the complaint falls under paragraph (B) of this rule.

(2) For each investigation, the CDJFS shall complete the JFS 01921 "Complaint Disposition Report" (rev. 10/2010) and furnish one copy to the IHA before the CDJFS staff leaves the home. If additional information is added to the report or it is revised in any way, the CDJFS shall send a copy of the report to the provider within five business days of the date of the addition or revision.

(3) If a JFS 01921 is completed as part of an investigation conducted by telephone, the CDJFS shall send a copy of the report to the IHA within five business days of the initial telephone contact. If additional information is added to the report or it is revised in any way, the CDJFS shall send a copy of the report to the IHA within five business days of the date of the addition or revision.

(B) If the complaint alleges immediate risk to children, the CDJFS shall:

(1) Begin the investigation within one business day of receipt of the complaint.

(2) Notify the caretaker within one business day of the complaint, of the ongoing investigation and the rule which the complainant alleges has been violated.

(3) Send to the caretaker a completed copy of the JFS 01922 "Notification of Child Care Investigation" (rev. 1/2014) within three business days of receipt of the complaint, informing the caretaker of the alleged rule violation involving their child.

(C) If the complaint alleges child abuse or neglect, the CDJFS shall immediately report the complaint to the public children services agency (PCSA). The oral report shall be followed with a written report to the PCSA, if requested by the PCSA. The written report shall contain the following:

(1) A summary of the allegations.

(2) The name of the reporter, unless anonymity is requested.

(3) A summary of the actions taken by the CDJFS or plans to initiate an investigation of noncompliance with the regulations contained in Chapter 5101:2-14 of the Administrative Code.

(4) A request of clarification of joint or parallel investigatory roles.

(D) A PCSA investigation does not relieve the CDJFS of its responsibility to investigate IHA noncompliance with regulations contained in Chapter 5101:2-14 of the Administrative Code unless the PCSA indicates that the CDJFS complaint investigation would interfere with the PCSA's investigation of the case.

(E) The CDJFS, after removal of confidential information, shall provide a copy of the JFS 01642 "In-Home Aide Application and Assurances" (rev. 1/2014) to anyone who submits a request to the CDJFS. Inspection reports shall be kept on file at the CDJFS.

(F) If the CDJFS determines the IHA is not in compliance with this chapter or Chapter 5104. of the Revised Code the CDJFS shall forward to the IHA written notification which includes:

(1) A statement of the specific rule violations.

(2) A statement of what must be done to correct the rule violations.

(3) The date, not to exceed thirty business days, by which the correction shall be completed.

(4) A statement of the consequences if the IHA fails to correct violations within the specified time frame.

(5) A statement that the IHA has the right to appeal the actions of the CDJFS and request a county appeal review in accordance with the procedures outlined in (I) of this rule.

(G) If the CDJFS 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 CDJFS may revoke the certificate. The IHA cannot reapply for certification for at least five years following the revocation of the certificate in this state or any other state, or the provider's voluntary withdrawal in this state or any other state, from the certification program as a result of CDJFS notification of its intent to revoke the provider's certificate.

(H) Upon revocation of a certificate, the CDJFS 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 (I) of this rule.

(I) If the IHA requests an appeal review, the following steps shall be followed:

(1) The CDJFS shall schedule a county appeal review within fifteen business days of receipt of a written county appeal reveiw request and notify the IHA in writing of the time, date and place of the review.

(2) 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.

(3) 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 CDJFS decision to revoke or deny the certification.

(4) The CDJFS 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:

(a) The action which was appealed.

(b) Finding of facts.

(c) Citation and summarization of relevant Administrative Code rules which support the facts established.

(d) Outcome of the appeal on each issue addressed.

(5) The county appeal review decision is final in regard to the appeal procedures contained in rule.

(J) The voluntary surrender of a certificate to the CDJFS shall not prohibit the CDJFS from revoking a certificate pursuant to paragraph (G) of this rule.

(K) Failure of the caretaker whose child is receiving IHA services to cooperate with the CDJFS or failure to comply with this chapter and Chapter 5104. of the Revised Code shall be cause for the CDJFS to deny or terminate the IHA arrangement, revoke the IHA certificate and inform the caretaker of alternative child care options.

(L) Except as provided in paragraphs (M) and (N) of this rule, the CDJFS shall not disseminate confidential information, which includes but is not limited to, the following:

(1) Child abuse and neglect investigative records, pursuant to section 2151.421 of the Revised Code and rule 5101:2-34-38 of the Administrative Code.

(2) The identity of an information source or witness to whom confidentiality has been reasonably promised.

(3) Any information, when such information would reasonably tend to disclose the identity of one to whom such confidentiality has been reasonably promised.

(4) Results of any criminal records check conducted by the BCII 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.

(5) The disposition of any investigation requested by a CDJFS from the PCSA concerning reports of child abuse or neglect on an applicant. 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.

(6) 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.

(M) The CDJFS is responsible for sharing all IHA, client, and fiscal information with the Ohio department of job and family services (ODJFS) during the course of a monitoring review of its certification program or when the ODJFS is investigating a complaint involving the CDJFS.

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

(O) When information is disseminated, the following shall be documented in the IHA's record:

(1) Date information was disseminated.

(2) Agency, organizations, or individual to whom information was disseminated.

(3) Reason for dissemination.

(4) Specific information disseminated.

Replaces: Parts of rules 5101:2-14-03 , 5101:2-14-03.1 and 5101:2-14-06

Effective: 01/01/2014
R.C. 119.032 review dates: 01/01/2019
Promulgated Under: 119.03
Statutory Authority: 5104.019
Rule Amplifies: 5104.019 , 5104.12
Prior Effective Dates: 4/1/82, 5/20/83, 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, 4/1/03, 4/10/03, 8/14/08, 11/15/10, 7/1/11