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Chapter 5101:2-14 | Certification of In-Home Aides

 
 
 
Rule
Rule 5101:2-14-01 | Definitions for certified in-home aides.
 

(A) "Advanced practice registered nurse (APRN)" means a certified registered nurse anesthetist, clinical nurse specialist, certified nurse midwife or certified nurse practitioner under Chapter 4723. of the Revised Code. This was previously called advanced practice nurse (APN).

(B) "Certified nurse practitioner (CNP)" means a registered nurse who holds a valid certification of authority issued under Chapter 4723. of the Revised Code that authorizes the practice of nursing as a CNP in accordance with section 4723.43 of the Revised Code and rules adopted by the board of nursing.

(C) "Child care" per section 5104.01 of the Revised Code means all of the following:

(1) Administering to the needs of infants, toddlers, preschool-age children and school-age children outside of school hours.

(2) By persons other than their parents, guardians, or custodians.

(3) For part of the twenty-four-hour day.

(4) In a place other than a child's own home, except that an in-home aide provides child care in the child's own home.

(5) By a provider required by this chapter to be licensed or approved by the department of job and family services, certified by a county department of job and family services, or under contract with the department to provide publicly funded child care as described in section 5104.32 of the Revised Code.

(D) "Field trips" means infrequent or irregularly scheduled excursions from the child's own home with an in-home aide.

(E) "Food supplement" means a vitamin, mineral, or combination of one or more vitamins, minerals and/or energy-producing nutrients (carbohydrate, protein or fat) used in addition to meals or snacks.

(F) "Infant" means a child who is under eighteen months of age.

(G) "In-Home Aide" (IHA) means a person who does not reside with the child but provides child care to a child in the child's own home. The child's home will be inspected by the parent, IHA and the county agency.

(H) "Medication" means any substance or preparation which is used to prevent or treat a wound, injury, infection, infirmity, or disease. This includes medication that is over the counter, or prescribed or recommended by a physician or advance practice nurse certified to prescribe medication, and permitted by the parent for administration or application.

(I) "Parent" means the father or mother of a child, an adult who has legal custody of a child, an adult who is the guardian of a child, or an adult who stands in loco parentis with respect to a child, and whose presence in the home is needed as the caretaker of the child. Parent has the same meaning as "caretaker parent" as defined in section 5104.01 of the Revised Code.

(J) "Physician" means a person issued a certificate to practice in accordance with Chapter 4731. of the Revised Code and rules adopted by the state medical board or a comparable body in another state.

(K) "Physician assistant (PA)" means a person who has obtained a valid certificate to practice in accordance with Chapter 4730. of the Revised Code and rules adopted by the state medical board or a comparable body in another state.

(L) "Preschool child" means a child who is three years old or older but is not a school-age child.

(M) "Publicly funded child care" is the care of infants, toddlers, preschool children, and school-age children under age thirteen by an eligible provider, as defined in rule 5101:2-16-01 of the Administrative Code. Publicly funded child care is paid, wholly or in part, with federal or state funds.

(N) "Routine trips" means frequent or regularly scheduled excursions from the home in which in-home aide services are being provided. Routine trips include, but are not limited to, taking a child to school or picking up a child from school.

(O) "School-age child" means a child who is enrolled in or is eligible to be enrolled in a grade of kindergarten or above but is less than fifteen years old or, in the case of a child who is receiving special needs child care, is less than eighteen years old.

(P) "Special needs child care" means child care provided to a child who is less than eighteen years of age and either has one or more chronic health conditions or does not meet age appropriate expectations in one or more areas of development, including social, emotional, cognitive, communicative, perceptual, motor, physical, and behavioral development and that may include on a regular basis such services, adaptations, modifications, or adjustments needed to assist in the child's function or development.

(Q) "Toddler" means a child who is at least eighteen months of age but less than three years of age.

Supplemental Information

Authorized By: 5104.019
Amplifies: 5104.01
Five Year Review Date: 10/20/2024
Prior Effective Dates: 5/20/1983, 8/14/2008
Rule 5101:2-14-02 | Application and approval for certification as an in-home aide.
 

(A) What is the application process to become a certified in-home aide (IHA)?

A resident of Ohio who wishes to become an IHA in order to provide publicly funded child care (PFCC) shall:

(1) Complete a professional registry profile for the in-home aide applicant through the Ohio professional registry (OPR) at https://www.occrra.org/opr.

(2) Register online through the OPR and complete the required pre-certification training for an IHA. The pre-certification training shall have been taken within the two years prior to the application to become an IHA.

(3) Complete and submit an application online in the Ohio child licensing and quality system (OCLQS) at https://oclqs.force.com.

(a) An application is considered to be complete when the applicant has uploaded all documentation outlined in appendix A to this rule.

(b) Any application submitted without complete and accurate information will need to be amended with complete and accurate information before being certified.

(c) The application will be deleted if the in-home aide is not ready to be certified after twelve months.

(d) The IHA shall comply with a pre-certification visit.

(B) What is a valid IHA certificate?

(1) A certificate is valid only for the IHA, child's home and maximum number of children designated on the certificate.

(2) The certificate is valid for two years, unless one of the following occurs:

(a) The parent moves to a new address.

(b) The IHA notifies the county agency either verbally or in writing of his or her voluntary withdrawal from certification.

(c) The certificate is revoked pursuant to rule 5101:2-14-06 of the Administrative Code.

(C) What are the requirements for staff/child ratios and maximum group size for a certified IHA provider?

(1) The IHA is to care for no more than six children at any one time. No more than three of those children may be under two years of age.

(2) The IHA is not to exceed the maximum capacity at any given time.

(3) The IHA is to be the sole provider of care in the child's home.

(4) The IHA can care for no more than two of his or her own children in the child's home. These children are counted in the maximum group size of children as designated on the certificate.

(D) What are the requirements once a certificate has been issued?

(1) At the time the county agency issues the certificate, the certified IHA shall complete and submit a provider agreement and all information required in OCLQS. This information shall be submitted before the first day PFCC services are provided.

(2) The IHA shall have the certificate on file in the child's home at all times.

(3) The IHA shall comply with at least one unannounced inspection each fiscal year.

(E) What are the requirements if the parent and child move to a new address?

(1) The certified IHA or the parent shall notify the county agency at least ten days prior to the parent moving to a new address.

(2) Upon completion of a new inspection, the county agency shall issue a new certificate for the new address and the original certification period shall be maintained.

(F) What are the requirements to renew an IHA certificate?

(1) Prior to the expiration of the certification period, the IHA shall:

(a) Complete and submit the application in OCLQS including all uploaded documents outlined in appendix A to this rule.

(b) Complete the required pre-certification training (at each renewal).

(2) If the IHA does not submit the application by the end of the certification period, the certificate will be closed.

(G) Is an IHA an employee of the county agency or the Ohio department of job and family services (ODJFS)?

An individual certified by the county agency as an IHA to provide PFCC services is an independent contractor and is not an employee of the county agency that issued the certificate or ODJFS.

View Appendix

Last updated October 29, 2021 at 8:50 AM

Supplemental Information

Authorized By: 5104.019
Amplifies: 5104.019
Five Year Review Date: 10/29/2026
Prior Effective Dates: 1/20/1992, 10/15/1996, 12/30/1997, 11/15/2010, 1/1/2014, 12/31/2016
Rule 5101:2-14-02.2 | Transitional pandemic requirements for a certified in-home aide.
 

(A) What are transitional pandemic requirements for a certified in-home aide?

Transitional pandemic requirements are requirements that are followed as Ohio transitions out of pandemic child care for the COVID-19 pandemic and back to certified in-home aide requirements.

(B) When does a certified in-home aide follow these requirements?

Certified in-home aides are to follow these requirements when the governor of Ohio declares a state of emergency for the COVID-19 pandemic and or directs ODJFS to issue transition requirements.

(C) What are the requirements for a transitional in-home aide?

The certified in-home aide is to follow all of the requirements of this chapter, with the following exceptions and additions:

(1) The certified in-home aide will follow all guidelines set by the governor of Ohio or the director of the Ohio department of health.

(2) The in-home aide will wash his or her hands with soap and water or hand-sanitizer at the following times:

(a) Upon arrival for the day, after breaks and upon returning from outside, and prior to leaving for the day.

(b) After caring for someone who is sick.

(c) After toileting or assisting a child with toileting.

(d) After blowing their nose, sneezing, or coughing.

(e) Before and after each diaper change or pull-up change.

(f) After contact with bodily fluids or cleaning up spills or objects contaminated with bodily fluids.

(g) After cleaning or sanitizing or using any chemical products.

(h) After handling pets, pet cages or other pet objects that have come in contact with the pet.

(i) Before and after eating, serving or preparing food or bottles or feeding a child.

(j) Before and after completing a medical procedure or administering medication.

(k) Before and after touching their face or handling their mask.

(l) When visibly soiled (use soap and water).

(3) Children in care will wash their hands with soap and water or hand-sanitizer (if twenty-four months or older) at the following times:

(a) After toileting/diaper change.

(b) After contact with bodily fluids.

(c) After blowing their nose, coughing or sneezing.

(d) After touching their face or handling their mask.

(e) After returning inside after outdoor play.

(f) After handling pets, pet cages or other pet objects that have come in contact with the pet before moving on to another activity.

(g) Before and after eating or assisting with food preparation.

(h) After water activities.

(i) When visibly soiled (use soap and water).

(4) The in-home aide will ensure that the children in care and all residents of the home are assessed for temperature and the symptoms listed in appendix A to this rule prior to or as soon as the in-home aide arrives each day. The in-home aide needs to be assessed for temperature and any of the symptoms listed in appendix A to this rule prior to going to the child's home.

(a) If the in-home aide, any children in care or any resident of the home in which care is provided has a temperature of one hundred degrees or higher:

(i) The in-home aide will stop providing care until the individual has been fever-free without the use of medication for at least twenty-four hours.

(ii) If the person had known contact with someone confirmed or suspected to have COVID-19, the in-home aide will stop providing care until the person completes isolation or quarantine protocols are completed in coordination with the local health department or in compliance with the Ohio department of health (ODH) and United States centers for disease control and prevention (CDC) guidelines.

(b) If the in-home aide, any children in care or any resident of the home in which care is provided has any of the symptoms listed in appendix A to this rule and has had known contact with someone confirmed or suspected to have COVID-19, the in-home aide will stop providing care until the person completes isolation or quarantine protocols in coordination with the local health department or in compliance with ODH and CDC guidelines.

(c) The requirements of this paragraph also apply to anyone whose symptoms are assessed after arrival.

(5) The in-home aide will wear a face covering while indoors, unless not medically appropriate. Face coverings cover the individual's nose and mouth.

(6) If the certified in-home aide or a child in the home tests positive for COVID-19, the in-home aide is to:

(a) Notify ODJFS by the next business day in the Ohio child licensing and quality system as a serious incident pursuant to rule 5101:2-14-05 of the Administrative Code.

(b) Notify the local health department by the next business day.

(c) Ensure that the person completes isolation or quarantine protocols for COVID-19 in coordination with the local health department or in compliance with ODH and CDC guidelines. Care may not resume until the isolation or quarantine is complete.

(D) How long is the transitional pandemic rule effective?

The transitional pandemic rule is valid until the governor of Ohio rescinds the state of emergency and or directs ODJFS to return to full certified in-home aide requirements.

View Appendix

Last updated October 5, 2021 at 9:10 AM

Supplemental Information

Authorized By: 5104.019
Amplifies: 5104.019
Five Year Review Date: 4/1/2026
Prior Effective Dates: 5/29/2020 (Emer.)
Rule 5101:2-14-03 | Qualifications for certification as an in-home aide.
 

(A) What are the qualifications to be certified as an in-home aide (IHA)?

The in-home aide (IHA) shall complete all application requirements in accordance with appendix A to rule 5101:2-14-02 of the Administrative Code and is to meet the following qualifications:

(1) Be at least eighteen years old.

(2) Have completed a high school education as verified by appendix A to this rule, for those individuals certified after April 1, 2003.

(3) Be physically, intellectually and emotionally capable of complying with Chapter 5101:2-14 of the Administrative Code and performing activities normally related to child care. These include, but are not limited to, providing meals, dealing with emergencies in a calm manner, carrying out methods of child guidance and discipline in a courteous, respectful and patient manner and keeping accurate records as required by this chapter.

(4) Maintain documentation of current certification in first aid and cardiopulmonary resuscitation (CPR) as described in appendix B to this rule.

(5) Maintain documentation of current training in management of communicable disease as described in appendix B to this rule.

(6) Maintain documentation of current training in child abuse recognition and prevention as described in appendix B to this rule.

(7) If an IHA meets the trainer requirements in appendix B to this rule for a health training, that person is considered to meet the health training requirement for that health training pursuant to paragraphs (A)(4) and (A)(5) of this rule.

(8) Audiovisual or electronic media training is to not be used to meet the CPR training requirement pursuant to paragraph (A)(4) of this rule unless there is also an in-person component.

(9) Not be involved in any other employment during the hours in which care is provided.

(10) Not use or disclose any information concerning the family receiving publicly funded child care (PFCC) to anyone other than the county agency or the Ohio department of job and family services (ODJFS), except upon written consent of the parent.

(11) Submit verification that he or she meets the medical statement requirements detailed in appendix C to this rule.

(12) The IHA is to have written documentation on file of current immunization against tetanus, diphtheria, and pertussis (Tdap) from a licensed physician as defined in Chapter 4731. of the Revised Code, physician's assistant, advanced practice registered nurse, certified nurse midwife, certified nurse practitioner or licensed pharmacist. The IHA may be exempt from the immunization requirement for religious reasons with written documentation signed by the IHA, and for medical reasons with written documentation signed by a licensed physician.

(B) What are the on-going professional development requirements for IHA?

.

(1) Maintain documentation of completion of a minimum of six clock hours of training annually in any of the categories listed in appendix D to this rule each fiscal year. The fiscal year is defined as July first through June thirtieth.

(2) Health trainings taken pursuant to paragraph (A) of this rule are not to be used to meet the professional development training requirements.

(3) Audiovisual or electronic media training may be used to meet the required six hours of annual training.

(C) What records are included in a background check?

(1) Bureau of criminal investigation (BCI) records pursuant to section 5104.013 of the Revised Code.

(2) Federal bureau of investigation (FBI) records pursuant to section 5104.013 of the Revised Code.

(3) National sex offender registry.

(4) State sex offender registry.

(5) Statewide automated child welfare information system (SACWIS) records.

(D) When is a background check required?

(1) At application.

(2) Every five years from the date of the most recent BCI records check.

(E) How is a background check obtained?

The in-home aide is to:

(1) Create a profile in the Ohio professional registry (OPR) at https://www.occrra.org/opr.

(2) Submit fingerprints electronically according to the process established by BCI and have the BCI and FBI results sent directly to ODJFS. Information on how to obtain a background check can be found at https://www.ohioattorneygeneral.gov/Business/Services-for-Business/WebCheck.

(3) Complete and submit the request for a background check for child care in the OPR.

(F) What happens if an individual does not complete the full background check determination process?

(1) If the individual does not complete both requirements in paragraphs (E)(2) and (E)(3) of this rule within forty-five days, the background check process is to end and a determination is not made.

(2) ODJFS will notify the individual and the county agency that the background check determination process has ended.

(3) The individual is to complete the requirements of paragraphs (E)(2) and (E)(3) of this rule to restart the background check determination process.

(G) What if an IHA previously resided in a state other than Ohio?

(1) ODJFS will contact any states in which the individual resided in the previous five years to request the information required in paragraph (C) of this rule.

(2) Any information received from other states will be reviewed and considered by ODJFS as part of the background check review pursuant to paragraph (H) of this rule.

(H) What makes an IHA ineligible for certification?

(1) A conviction or guilty plea to an offense listed in division (A)(5) of section 109.572 of the Revised Code unless the individual meets the rehabilitation criteria in appendix E to this rule.

(a) Section 109.572 of the Revised Code requires that this rule applies to records of convictions that have been sealed pursuant to section 2953.32 of the Revised Code.

(b) A conviction of or a plea of guilty to an offense listed in division (A)(5) of section 109.572 of the Revised Code is not prohibitive if the individual has been granted an unconditional pardon for the offense pursuant to Chapter 2967. of the Revised Code or the conviction or guilty plea has been set aside pursuant to law. For purposes of this rule "unconditional pardon" includes a conditional pardon with respect to which all conditions have been performed or have transpired.

(2) Being registered or required to be registered on the national or state sex offender registry or repository.

(3) The IHA is identified in SACWIS as the perpetrator for a substantiated finding of child abuse or neglect in the previous ten years from the date of the background check or the IHA has had a child removed from their home in the previous ten years pursuant to section 2151.353 of the Revised Code due to a court determination of abuse or neglect caused by the IHA.

(I) What happens after the IHA requests the background check and submits fingerprints through a webcheck location?

(1) The county agency will receive the current JFS 01176 "Program Notification of Background Check Review for Child Care" from ODJFS.

(a) For an IHA eligible for certification, the county agency shall keep the JFS 01176 on file if not available in the OPR.

(b) For an IHA not eligible for certification, the county agency shall deny the certification pursuant to rule 5101:2-14-06 of the Administrative Code immediately upon receipt of the JFS 01176.

(2) The IHA will receive the JFS 01177 "Individual Notification of Background Check Review for Child Care" from the ODJFS.

(a) If the IHA believes the information received is not accurate, the IHA may directly contact the agency that contributed the questioned information.

(b) If the IHA disagrees with the decision made by ODJFS, a JFS 01178 "Request for Review of Background Check Decision for Child Care" shall be completed to request a review of the decision. The JFS 01178 is to be submitted within fourteen business days from the date on the JFS 01177.

(J) What happens after an IHA submits a JFS 01178 to ODJFS?

If an IHA requests a review of a background check decision pursuant to paragraph (I)(2)(b) to this rule:

(1) An IHA who is certified shall not serve children during the review.

(2) Once a determination is made, ODJFS will provide an updated JFS 01176 to the county agency and an updated JFS 01177 to the IHA.

(3) If the IHA is determined to be eligible for employment, the county agency may allow the IHA to be certified and shall keep the updated JFS 01176 on file pursuant to paragraph (I)(1)(a) to this rule.

(K) What are the background check requirements when an IHA adds a family or changes the family associated with the certification?

(1) Only the request for a background check for child care in the OPR is required if the IHA meets all of the following:

(a) The IHA has a current background check determination by ODJFS completed in the previous five years pursuant to this rule.

(b) The IHA has been employed by a licensed child care center, licensed type A home, licensed type B home, approved day camp, a preschool or school-age program approved to provide PFCC or certified as an IHA or was a resident of a licensed type A home or licensed type B home in the previous one hundred eighty consecutive days.

(2) Upon receipt of the request, ODJFS will provide the JFS 01176 based on the existing background check determination to the county agency.

View AppendixView AppendixView AppendixView AppendixView Appendix

Last updated October 29, 2021 at 8:50 AM

Supplemental Information

Authorized By: 5104.013, 5104.019
Amplifies: 5104.013, 5104.019
Five Year Review Date: 10/29/2026
Prior Effective Dates: 5/20/1983, 10/1/1983, 5/1/1989, 7/1/1995, 3/15/1996, 10/15/1996, 1/1/2001, 4/1/2003, 1/1/2014, 11/1/2015, 12/31/2016, 10/29/2017
Rule 5101:2-14-04 | In-home aide responsibilities and assurances.
 

(A) What written policies and procedures shall be followed by the in-home aide (IHA)?

The IHA is to:

(1) Not smoke in any areas of the home when child care is being provided.

(2) Not be under the influence of any substance that impairs the IHA's ability to supervise children who are present.

(3) Have immediate access at all times to a working telephone on the premises that is capable of receiving incoming calls and making outgoing calls.

(4) Have children nap/sleep in their own beds or cribs.

(5) Have infants placed on their backs to sleep.

(6) Provide daily outdoor play, weather permitting.

(7) Identify and protect children from vehicular traffic.

(8) Not prop bottles.

(9) Store formula/breast milk in accordance with the JFS 01642 "In-Home Aide Assurances".

(10) Base toilet training on the child's readiness, and in consultation with the parent.

(11) Not leave children unattended when transporting children in a vehicle and shall have signed permission forms to transport children on a routine basis or for field trips. The permission form will include:

(a) Child's name.

(b) Destination.

(c) Date of trip(s).

(d) Time and duration of the field trip.

(e) Parent's signature and date.

(12) Provide nutritious, varied and appropriately timed meals and snacks for all children in accordance with the parent's wishes.

(13) Immediately notify the public children services agency (PCSA) if the IHA suspects that a child has been abused or neglected.

(14) Contact the county agency by the next business day if the IHA discontinues caring for children.

(15) Conduct monthly fire drills. Written documentation of this drill shall be kept on-site.

(16) Provide information on formal screenings and assessments completed by the IHA.

(17) Cooperate with other government agencies as necessary to maintain compliance with Chapter 5101:2-14 of the Administrative Code.

(B) What child guidance techniques shall be used by the IHA?

The IHA shall follow appendix A to this rule regarding guidance techniques to be used with children.

(C) What records shall be kept by the IHA?

(1) The IHA shall have the JFS 01234 "Child Enrollment and Health Information for Child Care" on file for all of the children in care by the first day of care, including any child of the IHA. This record shall be reviewed at least annually by the parent and updated as needed when information changes. Each IHA will set a policy regarding whether to provide child care services to children whose parents refuse to grant consent for transportation to the source of emergency treatment.

(2) The IHA shall have verification of a medical exam on file for each child in care, including any child of the IHA. Children who attend a grade of kindergarten and above in an elementary school are exempt from this requirement.

(a) The medical statement shall be on file at the home within thirty days of the child's first day of care and shall be updated every thirteen months thereafter from the date of the examination.

(b) The medical statement shall contain the following information:

(i) The child's name and birth date.

(ii) The date of the medical examination is to be no more than thirteen months prior to the date the form is signed.

(iii) The signature, business address and telephone number of the licensed physician, as defined in Chapter 4731. of the Revised Code, physician's assistant (PA), advanced practice registered nurse (APRN) or certified nurse practitioner (CNP) who examined the child.

(iv) A record of immunizations on file within thirty days of the child's first day of attendance, if a child is not enrolled in a public or nonpublic school. This record may be an attachment to the medical statement and is to contain the following information:

(a) The child's name and birth date.

(b) Each immunization the child has had, specifying the month, day and year of the immunization, or that the child is in the process of being immunized against the diseases listed in appendix B to this rule.

(v) If a child has not received an immunization(s) to prevent a disease on the appendix of this rule, then one or both of the following is to be on file:

(a) A statement from the physician, PA, APRN, or CNP that an immunization against the disease is medically contraindicated for the child or is not medically appropriate for the child's age.

(b) A statement from the child's parent that they have declined to have the child immunized against the disease for reasons of conscience, including religious convictions.

(3) If a special need or health condition is known or suspected, the IHA shall require the parent to complete the JFS 01236 "Medical/Physical Care Plan for Child Care." The IHA shall review the information, assure that he or she understands the plan, receive training if required, have the form signed as needed and maintain a copy in the child's file.

(a) The JFS 01236 shall be used for children with a condition or diagnosis that require the following:

(i) Monitoring the child for symptoms which require the IHA to take action.

(ii) Administering procedures which require the IHA to be trained on those procedures.

(iii) Avoiding specific food(s), environmental conditions or activities.

(iv) A school-age child to carry and administer their own emergency medication.

(b) The IHA shall:

(i) Ensure the parent completes and signs a JFS 01236 for each condition per child.

(ii) Keep the completed JFS 01236 on file for at least one year.

(iii) Keep each JFS 01236 in a location that can be easily and quickly accessed, including being removed from the home if there is an emergency that requires the child or children to be moved to another location or transported on a routine basis or for field trips.

(c) The plan shall be reviewed by the parent at least annually and updated as needed.

(4) The IHA shall maintain daily written attendance records, indicating the hours of care provided for each child.

(5) Prior to administering any nonprescription or prescription medication, the IHA shall have written permission of the parent and physician as required, using the JFS 01217 "Request for Administration of Medication for Child Care."

(a) When giving prescription medication, the IHA shall ensure the bottle has the child's full name on it, the dosage and the name of the physician who prescribed the medication.

(b) The IHA shall ensure that when dispensing prescription medications to a child that the instructions of the physician who prescribed the medication are followed.

(D) What are the disaster plan requirements for a certified IHA provider?

The IHA is to develop a written disaster plan that is dated and reviewed with the parent at least annually:

(1) The plan shall include procedures that will be used to prepare for and respond to the following types of emergency or disaster situations:

(a) Weather emergencies and natural disasters which include severe thunderstorms, tornadoes, flash flooding, major snowfall, blizzards, ice storms or earthquakes.

(b) Conduct monthly weather emergency drills in the months of March through September. Written documentation of these drills is to be kept on-site.

(c) Emergency outdoor or indoor lockdown or evacuation due to threats of violence which includes active shooter, bioterrorism or terrorism.

(d) Emergency or disaster evacuations due to hazardous materials and spills, gas leaks or bomb threats.

(e) Outbreaks, epidemics or other infectious disease emergencies.

(f) Loss of power, water or heat.

(g) Other threatening situations that may pose a health or safety hazard to the children in the home.

(2) The disaster plan shall include details for:

(a) Shelter in place or evacuation, including how the IHA will care for and account for the children until they can be reunited with the parent.

(b) Assisting infants and children with special needs and/or health conditions.

(c) Reunification with parents.

(i) Emergency contact information for the parents and the IHA.

(ii) Procedures for notifying and communicating with parents regarding the location of the children if evacuated.

(iii) Procedures for communicating with parents during loss of communications, no phone or internet service available.

(d) The location of supplies and procedures for gathering necessary supplies for children if required to shelter in place.

(e) What to do if a disaster occurs during the transport of children or when on a field trip or routine trip.

(f) Training of staff or reassignment of staff duties as appropriate.

(g) Updating the plan on a yearly basis.

(h) Contact with local emergency management officials.

(E) If a county agency proposes any of the following adverse actions pursuant to Chapter 5101:2-14 or rule 5101:2-16-11 of the Administrative Code, the IHA may submit a written request for a county review to the county agency no later than fifteen calendar days after the mailing date of the county agency's notification:

(1) Denial of an application for certification.

(2) A decision made on an inspection or complaint investigation.

(3) Proposal to revoke a certificate.

(4) Notice that a certificate will not be renewed.

(5) Notification of action to recover an overpayment.

View AppendixView Appendix

Last updated October 29, 2021 at 8:50 AM

Supplemental Information

Authorized By: 5104.019
Amplifies: 5104.019
Five Year Review Date: 10/29/2026
Prior Effective Dates: 5/20/1983, 5/1/1989, 10/1/1997 (Emer.), 12/1/2009
Rule 5101:2-14-05 | Safe and sanitary requirements for in-home aides.
 

(A) What are the safe equipment and environment requirements for an in-home aide (IHA)?

(1) The in-home aide (IHA) shall provide a safe and healthy environment in the home when children are present.

(2) The IHA shall always be within sight or hearing of each child in care.

(3) The IHA shall prepare a report to be given to the child's parent on the day of the incident/injury/illness and kept on file in the home using the JFS 01299 "Incident/Injury Report for Child Care".

(4) The IHA is to log into https://oclqs.force.com by the next business day to report the incident. This notification does not replace reporting to the county children's protective services agency if there are concerns of child abuse or neglect as required by rule 5101:2-14-04 of the Administrative Code.

(a) Death of a child while in the care of the IHA.

(b) An incident, injury or illness that requires professional medical consultation or treatment for a child.

(c) An unusual or unexpected incident which jeopardizes the safety of a child or IHA.

(5) Weapons, firearms and ammunition materials shall be kept inaccessible to children, out of sight of children in locked storage areas. Weapons and firearms include air rifles, hunting slingshots and any other projectile weapon.

(6) Toys or other materials small enough to be swallowed shall be kept out of the reach of infants and toddlers.

(7) Electrical outlets, including surge protectors, within the reach of children shall have child proof receptacle covers when not in use unless designed with safety guards. This requirement does not apply if the child's home serves only school-age children.

(8) There shall be at least one underwriters laboratories (UL) or factory mutual laboratories (FM) smoke detector located in the basement and on each level of the home. The smoke detectors shall be placed, installed, tested and maintained in accordance with manufacturer's recommendations.

(9) There shall be at least one UL or FM portable fire extinguisher in the home which shall have a minimum rating of 1A:10BC. At least one fire extinguisher shall be located in the kitchen of the home.

(10) An unlocked, closed first-aid container shall be on the premises and readily available to the IHA but shall be kept out of reach of children. The first-aid container shall contain all of the items listed on the JFS 01533 "In-Home Aide Inspection."

(B) What are the handwashing requirements for a certified IHA and children in care?

(1) Handwashing is to occur in a handwashing sink.

(2) Handwashing requirements for the IHA and children are detailed in appendix A to this rule.

(C) What are the requirements to provide and maintain a clean environment by the IHA?

(1) Cleaning and sanitizing equipment and supplies shall be stored in a space that is inaccessible to children.

(2) Accumulated trash and garbage shall be stored outside of the indoor or outdoor play area and shall not be accessible to the children.

View Appendix

Last updated October 29, 2021 at 8:51 AM

Supplemental Information

Authorized By: 5104.019
Amplifies: 5104.019
Five Year Review Date: 10/29/2026
Prior Effective Dates: 4/1/1982, 5/20/1983, 2/15/1988, 10/15/1996, 10/1/1997 (Emer.), 8/14/2008, 12/31/2016
Rule 5101:2-14-06 | County agency responsibilities for the issuance and renewal for in-home aide certification.
 

(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". 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.

(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, which includes meeting the rehabilitation criteria in appendix E to rule 5101:2-14-03 of the Administrative Code, if applicable.

(2) The county agency has received the JFS 01176 "Program Notification of Background Check Review for Child Care" and the IHA is eligible for employment.

(3) The county agency has received verification of completion of all trainings required pursuant to rule 5101:2-14-03 of the Administrative Code.

(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 recertification application in the OCLQS.

(2) The parent and IHA complete a new JFS 01642 "In-Home Aide Assurances."

(3) The county agency conducts a recertification home inspection.

(4) 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 address the rule violations.

(c) The date, not to exceed thirty business days, by which the corrective action plan is to be completed and submitted to the county agency.

(d) A statement of the consequences if the IHA fails to address 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 review in accordance with the procedures outlined in paragraph (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 their 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 review of a non-compliance finding?

(1) If the IHA requests a review, the following steps shall be followed:

(a) The county agency shall schedule a county review within fifteen business days of receipt of a written request to review a non-compliance finding and notify the IHA in writing of the time, date and place of the review.

(b) The individual responsible for conducting the county 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 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 decision is final and no further action can be taken by the IHA.

(F) What information can a county agency publicly share regarding an IHA?

(1) Except as provided in paragraphs (F)(2) and (F)(3) of this rule, the county agency shall not disseminate confidential information which includes, but is not limited to, the following:

(a) Child abuse and neglect investigative records, pursuant to section 2151.421 of the Revised Code and rule 5101:2-33-21 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) 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 ODJFS during the course of a monitoring review of its certification program or when 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.

Last updated October 29, 2021 at 8:51 AM

Supplemental Information

Authorized By: 5104.019
Amplifies: 5104.019, 5104.12
Five Year Review Date: 10/29/2026
Prior Effective Dates: 7/1/1995, 12/1/2009
Rule 5101:2-14-07 | County agency responsibility for compliance and complaint investigation for an in-home aide.
 

(A) What are the county agency requirements for compliance inspections and complaint investigations of an in-home aide (IHA)?

(1) The county shall conduct at least one compliance inspection annually.

(2) The county agency shall investigate any complaints against an IHA. The county agency may inspect the IHA home as part of the complaint investigation.

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

(4) For each compliance inspection or complaint investigation, the county agency shall complete the JFS 01533 "In-Home Aide Inspection" (rev. 10/2017) and furnish one copy to the IHA before the county agency staff leaves the home. If additional information is added to the report or it is revised in any way, the county agency shall send a copy of the JFS 01533 to the IHA within five business days of the date of the addition or revision.

(5) If a JFS 01533 is completed as part of an investigation conducted by telephone, the county agency shall send a copy of the JFS 01533 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 county agency shall send a copy of the JFS 01533 to the IHA within five business days of the date of the addition or revision.

(6) The county agency shall submit electronic copies of the JFS 01533 to the Ohio child care licensing and quality system (OCLQS) within seven business days of completion.

(B) What are additional county agency requirements for complaint investigations?

(1) If the complaint alleges immediate risk to children, the county agency shall begin the investigation within one business day of receipt of the complaint.

(2) If the complaint alleges child abuse or neglect, the county agency 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:

(a) A summary of the allegations.

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

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

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

(3) A PCSA investigation does not relieve the county agency 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 county agency complaint investigation would interfere with the PCSA's investigation of the case.

(4) The county agency, after removal of confidential information, shall provide a copy of the JFS 01642 "In-Home Aide Assurances" (rev. 10/2017) to anyone who submits a request to the county agency. Inspection reports shall be kept on file at the county agency.

Supplemental Information

Authorized By: 5104.019
Amplifies: 5104.019, 5104.12
Five Year Review Date: 10/20/2024
Prior Effective Dates: 5/20/1983, 2/15/1988, 11/1/1991 (Emer.), 1/20/1992, 3/15/1996, 10/1/1997 (Emer.), 4/1/2003, 4/10/2003, 7/1/2011, 12/31/2016, 10/29/2017