This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and
universities.
| Rule |
Rule 5101:2-5-02 | Application for an agency to perform specific functions; amended applications.
Effective:
October 15, 2021
(A) An applicant seeking to operate a
private child placing agency (PCPA) or a private noncustodial agency (PNA) with
the purpose of performing any of the functions specified in rule 5101:2-5-03 of
the Administrative Code shall electronically submit a complete and correct JFS
01290 "Application for Certification of Agency Functions" with the
Ohio department of job and family services (ODJFS) not less than one
hundred-twenty days prior to the intended date of commencing
operation. (B) A local public entity (LPE) that is
not a public children services agency (PCSA) that operates one or more of the
functions specified in rule 5101:2-5-03 of the Administrative Code shall be
considered by ODJFS as though the local public entity is a PNA. Unless a
specific exception is made, references throughout Chapters 5101:2-5, 5101:2-7
and 5101:2-9 of the Administrative Code to a PNA or to an agency shall apply to
a LPE that is not a PCSA. "Local public entity" (LPE) as used in this
chapter of the Administrative Code means a county, including county courts, a
municipal corporation, a combination of counties, a combination of municipal
corporations, or a combination of one or more counties and one or more
municipal corporations and that is not a PCSA. (C) An applicant shall submit all materials and documentation
required by the JFS 01290. (D) Any PCSA which intends to operate a residential facility
shall electronically file a complete and correct JFS 01290 with ODJFS to be
certified to operate the facility not less than one hundred-twenty days prior
to the intended date of commencing operation. (E) Applicable rules for agencies. (1) Any PCSA, PCPA or PNA
certified to perform functions listed in rule 5101:2-5-03 of the Administrative
Code shall comply with all provisions of the Administrative Code applicable to
the agency's performance of functions listed on its certificate. For
agency noncompliance with applicable administrative rules, ODJFS may require
the agency to submit and comply with a corrective action plan or may deny
initial certification, or in the case of a certified agency, deny renewal of a
certificate or revoke the PCSA's, PCPA's or PNA's certificate
pursuant to Chapter 119. of the Revised Code. (2) Any PCSA performing
any function listed in rule 5101:2-5-03 of the Administrative Code not
requiring certification by ODJFS shall comply with all applicable provisions of
the Administrative Code. For PCSA noncompliance with applicable administrative
rules when performing any function not requiring certification, ODJFS may take
any action permitted under division (C) of section 5101.24 of the Revised
Code. (F) The application shall be submitted to the appropriate ODJFS
field office. The date of initial application shall be the date of receipt as
noted by the ODJFS date stamp. The application shall not be considered to have
been filed until it is submitted to the appropriate ODJFS field office in
complete and correct form. (G) An application may be denied by ODJFS
for failure to comply with any requirement of this rule or for any reason
specified in rule 5101:2-5-07 of the Administrative Code. (H) An agency shall not operate until a certificate is issued by
ODJFS. (I) When an application to amend the certificate is
required. (1) When an agency
certified to operate a function listed in rule 5101:2-5-03 of the
Administrative Code seeks to operate another function that is required to be
certified by rule 5101:2-5-03 of the Administrative Code, not less than one
hundred-twenty days prior to the anticipated operation of the new function, it
shall electronically submit a complete and correct amended JFS 01290 to ODJFS
requesting certification of the additional function. All additional information
required by ODJFS for certification of the new function shall be submitted with
the JFS 01290. (2) When an agency
certified to operate one or more functions listed in rule 5101:2-5-03 of the
Administrative Code seeks to relocate or operate a residential facility, except
in an emergency situation where residential facility becomes uninhabitable for
any reason, it shall notify ODJFS not less than sixty days prior to the
intended relocation or operation by submitting an amended JFS 01290 to ODJFS
requesting certification of the residential facilities at the new
location. (3) If a residential
facility has become uninhabitable, due to an emergency situation, the agency
shall: (a) Immediately notify any agency with children in placement and
ODJFS of the emergency. (b) Relocate the facility and any children in
placement. (c) Submit an amended JFS 01290 to ODJFS immediately after
relocating. (4) When an agency certified to operate
one or more functions listed in rule 5101:2-5-03 of the Administrative Code
seeks to relocate or add an office it shall submit a JFS 01290 which lists the
office to ODJFS not less than thirty days prior to the anticipated operation of
the new office. In emergency situations the agency shall follow the procedures
in their agency policy developed pursuant to rule 5101:2-5-13.1 of the
Administrative Code. (5) An agency shall submit a JFS 01290 to
ODJFS not less than ten days prior to any of the following
changes: (a) When an agency ceases to operate a certified
function. (b) When an agency ceases to operate a branch
office. (c) When an agency ceases to operate a residential
facility. (6) An agency shall request and receive
approval from ODJFS prior to implementing a change in a private, nonprofit
therapeutic wilderness camp, children's residential center or a group home
by submitting a JFS 01290 and any supporting documentation to ODJFS indicating
the agency wishes to change any of the following: (a) Sex of the children served. (b) Age range of the children served. (c) Number of the children served. (7) An agency shall submit a JFS 01290 to
notify ODJFS within ten days after implementing a change to any of the
following positions of its governing body: (a) The administrator. (b) The chairperson. (c) The president. (8) If an agency wishes to change the
agency name, the agency shall submit a JFS 01290 to notify ODJFS not later than
thirty days prior to implementing a name change. The agency shall submit the
following information along with the JFS 01290: (a) A copy of any amended articles of incorporation authorizing
the name change. (b) A copy of the minutes of the governing body meeting
authorizing the name change. (J) An agency shall not operate any function requiring
certification by ODJFS that has not been certified by ODJFS. An agency shall
not operate an office or residential facility that is not correctly listed on
the most recent JFS 01290 on file with ODJFS. (K) The certificate issued by ODJFS to the agency shall be posted
in a prominent place so that visitors to the agency may view it. (L) When a PCSA, PCPA or PNA is currently operating one or more
functions requiring certification by ODJFS on a temporary certificate, the
agency shall not request certification of another function by ODJFS or
expansion of an existing certified function.
Last updated September 24, 2024 at 9:12 AM
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Rule 5101:2-5-03 | Certification of an agency to perform specific functions.
Effective:
January 1, 2024
(A) Specific functions of a public children services agency
(PCSA) which require certification by the Ohio department of job and family
services (ODJFS) are: (1) To operate
children's residential center(s). (2) To operate group
home(s). (3) To operate
residential parenting facilities. (4) To operate
children's crisis care facilities. (5) To operate
residential infant care center(s). (6) To operate family
preservation center(s). (B) Functions performed by a PCSA that do
not require certification by ODJFS shall comply with the Administrative Code
rules applicable to the functions performed. ODJFS may take any appropriate
action permitted under division (D) of section 5101.24 of the Revised Code for
noncompliance with applicable rules. (C) Specific functions of a private child
placing agency (PCPA) which require certification by ODJFS are: (1) To operate
children's residential center(s). (2) To operate group
home(s). (3) To operate or provide
independent living arrangements. (4) To operate
residential parenting facilities. (5) To operate
children's crisis care facilities. (6) To operate
residential infant care center(s). (7) To operate family
preservation center(s). (8) To operate a scholars
residential center(s). (9) To act as a representative of ODJFS
in recommending pre-adoptive infant foster homes for
certification. (10) To act as a representative of ODJFS
in recommending family foster homes for certification. (11) To act as a representative of ODJFS
in recommending treatment foster homes for certification. (12) To act as a representative of ODJFS
in recommending medically fragile foster homes for certification. (13) To accept temporary, permanent or
legal custody of children. (14) To place children for foster care or
adoption. (D) Specific functions of a private
noncustodial agency (PNA) or a local public entity that is not a PCSA which
require certification by ODJFS are: (1) To operate
children's residential center(s). (2) To operate group
home(s). (3) To operate or provide
independent living arrangements. (4) To operate
residential parenting facilities. (5) To operate
children's crisis care facilities. (6) To operate private,
nonprofit therapeutic wilderness camp(s). (7) To operate
residential infant care center(s). (8) To operate family
preservation center(s). (9) To operate a scholars
residential center(s). (10) To act as a representative of ODJFS
in recommending pre-adoptive infant foster homes for
certification. (11) To act as a representative of ODJFS
in recommending family foster homes for certification. (12) To act as a representative of ODJFS
in recommending treatment foster homes for certification. (13) To act as a representative of ODJFS
in recommending medically fragile foster homes for certification. (14) To participate in the placement of
children in foster homes or for adoption. (E) A certificate issued by ODJFS is
valid for two years unless revoked sooner. ODJFS may extend a certification
span up to six months. An extension request is to be made no less than one
hundred twenty days prior to the end date of the current certificate. An
extension may be approved for either of the following if both the agency and
ODJFS are in agreement: (1) An agency requests an
extension due to agency need. (2) ODJFS needs to
extend the certification span. (F) Any certificate issued by ODJFS shall not be transferable
from one agency, owner, operator, corporation, partnership, or association to
another. (G) A PCPA shall maintain compliance with any applicable rules of
the Administrative Code for any child it is serving under a court order for
protective supervision or for any child in the temporary, permanent or legal
custody of the PCPA. (H) During a complaint investigation or review of an agency
acting as representative of ODJFS in recommending foster homes for
certification, ODJFS may inspect any foster home recommended for certification
by the agency. The inspection may be announced or unannounced. (I) An agency may voluntarily terminate certification of any or
all of its authorized functions upon written notice to ODJFS.
Last updated September 24, 2024 at 9:12 AM
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Rule 5101:2-5-04 | Recertification of an agency to perform specific functions.
Effective:
October 15, 2021
(A) To apply for recertification an
agency shall submit a JFS 01290 "Application for Certification of Agency
Functions." The agency shall, at the time of recertification and whenever
the agency changes their certification information, submit the following
documentation with the JFS 01290: (1) Any information
required by rule 5101:2-5-02 of the Administrative Code. (2) An audit if one is
required. (3) The first time a
private child placing agency (PCPA) or private noncustodial agency (PNA) seeks
recertification, it shall submit to the Ohio department of job and family
services (ODJFS) with its application: (a) A copy of an independent financial statement audit performed
by a licensed public accounting firm following applicable american institute of
certified public accountants (AICPA) auditing standards for the most recent
fiscal year. (b) The independent audit shall demonstrate the agency operated
in a fiscally accountable manner as determined by ODJFS. (4) After the first
recertification, when a PCPA or PNA seeks recertification, it shall submit to
ODJFS with its application, as a condition of recertification: (a) A copy of an independent financial statement audit performed
by a licensed public accounting firm following applicable AICPA auditing
standards for the two most recent previous fiscal years it is possible for an
independent audit to have been conducted. (b) The independent audit shall demonstrate the agency operated
in a fiscally accountable manner as determined by ODJFS. (5) All audits required
by this rule shall be conducted in accordance with AICPA auditing standards. As
used in this rule, "AICPA auditing standards" has the same definition
as in division (A) of section 5103.0323 of the Revised Code. (B) If fiscal accountability cannot be
readily determined for a PCPA or PNA, the agency may be issued a temporary
certificate and be placed on fiscal watch during that period. During a fiscal
watch period, the agency may be expected to submit, but is not limited to, the
following: (1) An explanation of any
internal or external factors that may be affecting the provider's
financial status and any action plan as to how provider intends to address such
factors. (2) A corrective action
plan to address any significant audit issues noted in the financial
audit. (3) Any business plan
which may specifically address actions taken, or to be taken, by the provider
to improve financial condition which could help demonstrate that provider is or
can be fiscally accountable. (4) Any subsequent
financial audits performed beyond the submitted audit period. (5) Monthly financial
statements. (6) Monthly bank
statements or similar information. (7) Placement records and
related financial activity records. (C) ODJFS may work closely with the
agency during the fiscal watch period to monitor financial activity to help
ensure the agency can remain fiscally viable and financial resources are
sufficient for providing the necessary level of care for the well-being of
children placed with the agency. At any point up to and including the end of
the fiscal watch period, ODJFS may recommend the agency: (1) Be removed from the
temporary certificate and reinstated to a full certificate. (2) Be placed on a second
fiscal watch period and the fiscal watch process will be repeated. The agency
will also be issued a second temporary certificate. (3) Be
revoked. (D) The requirements of paragraph (A) of this rule do not apply
to a public children services agency (PCSA) or to a local public entity that is
not a PCSA. (E) An agency seeking recertification shall electronically submit
all information and documentation required for recertification to ODJFS not
less than one hundred twenty days prior to the date of expiration of its
current certificate unless an extension has been granted pursuant to rule
5101:2-5-03 of the Adiministrative Code. Failure of an agency to submit an
application for recertification within the timeframes required by this rule may
cause a lapse in certification or a delay in issuance of a
certificate. (F) When an application for recertification is received and found
to be incomplete or incorrectly completed, the recertification application
shall be returned to the applicant for completion and resubmission to ODJFS. A
recertification application shall not be considered to have been submitted
until it is received by the appropriate ODJFS field office in complete and
correct form. (G) An agency shall submit a list of all records, as requested by
ODJFS, from which a sample will be selected for review during the site
inspection. (H) An agency shall return the list of records pursuant to
paragraph (G) of this rule, within fourteen calendar days of receipt of the
ODJFS request. Failure of an agency to submit the list of records as requested
shall not cause the start of the recertification review to be delayed but may
cause a lapse in certification or a delay in issuance of a
certificate. (I) If an agency's list of records as requested by ODJFS,
pursuant to paragraph (G) of this rule, is received by ODJFS within the
timeframe specified in paragraph (H) of this rule, ODJFS may select a random
sample of records from the list to be reviewed during the site inspection and
shall provide the identity of these records to the agency two weeks prior to
the scheduled site inspection. (J) If an agency's list of records is not received by ODJFS
within the timeframes specified in paragraph (H) of this rule, ODJFS may elect
to do a random selection of records at the time of the site inspection with no
prior notice to the agency of the identity of the records to be
reviewed. (K) An agency administrator or staff person shall not deny ODJFS
access to any relevant records, information, personnel, residential facility,
residents, offices or areas of the agency in the course of a recertification
study or at any other time.
Last updated September 24, 2024 at 9:12 AM
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Rule 5101:2-5-04.1 | Acceptance of accreditation in lieu of certification requirements.
(A) The Ohio department of job and family
services (ODJFS) may consider an agency to have met a certification requirement
if the agency can document to the satisfaction of ODJFS that it has met a
comparable requirement to be accredited by a nationally recognized
accreditation organization. (B) The agency requesting such
consideration shall submit a written request to the assigned ODJFS district
office licensing specialist at the time of application for initial
certification or at recertification, with the following
documentation: (1) A copy of the
certificate, license or award letter of accreditation. (2) A copy of the written
accreditation report. (3) A copy of any
corrective action plans and the approval from the accreditation organization of
these plans. (4) Specific
documentation on which certification requirements are met by accreditation,
including a copy of the standards met. (C) If the accreditation organization does not have a comparable
standard to an ODJFS certification requirement, the agency shall meet the ODJFS
certification requirement. (D) The acceptance of accreditation in lieu of an ODJFS
certification requirement is restricted to the accreditation period or current
ODJFS certificate, whichever expires first. (E) The acceptance of accreditation in lieu of an ODJFS
certification requirement rests solely at the discretion of ODJFS. The refusal
of ODJFS to accept accreditation, in whole or in part, shall be final and shall
not be construed as creating any rights to a hearing under Chapter 119. of the
Revised Code.
Last updated September 24, 2024 at 9:12 AM
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Rule 5101:2-5-05 | Agency appeal of findings of noncompliance.
Effective:
February 1, 2021
(A) If the administrator or designee of
an agency disagrees with any of the findings of noncompliance presented at an
exit interview, the administrator or designee may submit an appeal, with
supporting documentation, through the Ohio certification and licensing
management system (OCALM) no later than ten business days following the agency
receipt of the summary of findings of noncompliance. A licensing supervisor
shall, if requested, arrange a meeting by phone or in person with the appellant
prior to the review of the appeal. Upon the review of the appeal and the
findings, the supervisor shall render a decision and explanation within ten
business days. The decision of the licensing supervisor shall be final and does
not entitle the agency to any hearing rights under Chapter 119. of the Revised
Code unless Ohio department of job and family services (ODJFS) initiates action
to deny or revoke certification. (B) Any form of retaliation by ODJFS
employees against agency administrators, designee or employees of agencies, who
make appeals regarding findings of non-compliance, is prohibited.
Last updated September 24, 2024 at 8:50 AM
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Rule 5101:2-5-06 | Corrective action plans.
Effective:
February 1, 2021
(A) An agency shall submit a corrective
action plan, as prescribed by the Ohio department of job and family services
(ODJFS), for any finding of noncompliance cited by ODJFS on a summary of
noncompliance, through the Ohio certification and licensing management system
(OCALM) within fifteen working days of the exit interview or of the receipt of
an appeal decision pursuant to rule 5101:2-5-05 of the Administrative Code. An
agency may take longer than fifteen days to submit the corrective action plan
if the agency has requested and received an extension from ODJFS. (B) A corrective action plan submitted by
an agency pursuant to paragraph (A) of this rule shall specify: (1) What the agency is
going to do to correct an area of noncompliance. (2) How noncompliance
will be prevented in the future. (3) Who in the agency
will be responsible for the implementation of the corrective action
plan. (4) How the agency will
document the corrective action plan has been implemented. (C) The timeframe for implementation of
all corrective action plans shall be no longer than thirty calendar days from
the date ODJFS approves the corrective action plan unless more time is given by
written approval of the appropriate ODJFS licensing supervisor. (D) When a corrective action plan is
disapproved by ODJFS, the agency shall submit another corrective action plan to
ODJFS within ten working days of receipt of the ODJFS written notification that
the corrective action plan was disapproved. The action of ODJFS to approve or
disapprove a corrective action plan shall have no effect on the decision of
ODJFS to deny or revoke an agency's certification.
Last updated September 24, 2024 at 9:12 AM
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Rule 5101:2-5-07 | Denial or revocation of an agency's certificate or certification to perform specific functions; temporary certificates.
Effective:
February 1, 2021
(A) An application for an agency
certificate or for any of the functions an agency intends to perform may be
denied and an existing certificate or certification to perform specific
functions may be revoked for any of the following reasons: (1) An agency has failed
to comply with any applicable requirement of Chapter 5101:2-5 of the
Administrative Code or any requirement of any other applicable chapter of the
Administrative Code relevant to the intended or certified functions of the
agency. (2) An agency has failed
to comply with an approved corrective action plan for previously cited areas of
noncompliance. (3) An agency is found to
have provided to the Ohio department of job and family services (ODJFS) any of
the following: (a) Misleading or false statements. (b) Misleading or false reports. (4) An agency refuses or
fails to submit to ODJFS required policy statements, application materials,
plans or reports requested by ODJFS within required time frames. (5) An agency has refused
to admit onto its premises any person performing duties required by Chapter
5101:2-5 of the Administrative Code or other applicable chapters of the
Administrative Code relevant to the intended or authorized functions of the
agency, state or federal law or regulations or municipal
ordinance. (B) All actions of ODJFS with respect to
denial or revocation shall be by prior adjudicatory hearing pursuant to and
subject to the requirements of Chapter 119. of the Revised Code. (C) Any act of omission or commission by
an agency which results in the death, injury, illness, abuse, neglect or
exploitation of a child in the care of the agency may be grounds for the
revocation or denial of the agency's certification to perform any or all
certified functions. This shall include any situation in which an agency has
failed to inform any agency employee of the employee's obligation,
pursuant to section 2151.421 of the Revised Code, to report any knowledge or
suspicion of any physical or mental abuse, sexual abuse or exploitation or
neglect or threatened abuse or neglect of a child by any person, including
another child, to the public children services agency or a municipal or county
peace officer in the county in which the child resides or in which the abuse or
neglect has occurred or is occurring. (D) At the time ODJFS proceeds with an
agency denial or revocation, ODJFS is to notify all of the following of the
proposed adjudication order: (1) Title IV-E
courts. (2) Public children
services agencies (PCSAs). (3) Private child placing
agencies (PCPAs). (4) Any other person or
entity ODJFS deems necessary. (E) If an order of denial or revocation
is not upheld after any administrative hearing held pursuant to Chapter 119. of
the Revised Code or if an order of denial or revocation is overturned on appeal
to a court of competent jurisdiction, ODJFS is to notify the decision to all
entities that were notified pursuant to paragraph (D) of this
rule. (F) When ODJFS enters an adjudication order to deny or
revoke an agency's certificate pursuant to Chapter 119. of the Revised
Code, the agency and those parties identified as the principals of the agency
shall not be eligible for certification for any ODJFS certification for five
years from the date of the denial or revocation or the exhaustion of all
appeals, whichever is later. As used in this rule, "principal" means
the agency's administrator(s) or director(s) and the agency's owners,
partners, or members of the agency's governing body. In any denial or
revocation action, ODJFS shall identify the principals of the agency against
whom the denial or revocation action is taken. (G) When an agency certified to operate one or more of the
functions listed in rule 5101:2-5-03 of the Administrative Code is found to be
operating at less than an acceptable level of compliance with applicable rules
of the Administrative Code ODJFS may issue a temporary certificate for one or
more of the functions to the agency. (1) A temporary
certificate shall not be issued for an initial certification of a function
requiring certification pursuant to rule 5101:2-5-03 of the Administrative
Code. (2) A temporary
certificate shall be effective for less than one year. (3) A temporary
certificate allows an agency to operate until ODJFS is satisfied that minimum
requirements have been met. (4) Whenever ODJFS issues
a temporary certificate to an agency, the word "temporary" shall
appear on the certificate in a contrasting color to words on the certificate in
letters not less than one-half inch in height.
Last updated September 24, 2024 at 9:12 AM
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Rule 5101:2-5-08 | PCPA and PNA governance and administration.
(A) A private child placing agency (PCPA)
or private noncustodial agency (PNA) shall have an identifiable governing body
responsible for establishing policies and assuring the effectiveness and
efficiency of the PCPA or PNA in achieving its purposes. A local public entity
that is not a public children services agency (PCSA) shall identify in writing
to the Ohio department of job and family services (ODJFS) how the requirements
of this rule are met by the local public entity, even if the local public
entity does not have a governing body. The duties of the governing body shall
include the following: (1) Hiring an
administrator who meets the minimum qualifications pursuant to rule 5101:2-5-09
of the Administrative Code. (2) Annually evaluating
the performance of the agency's administrator in writing. (3) Assuring the
PCPA's or PNA's compliance with requirements of the Administrative
Code as applicable to the PCPA's or PNA's certified
functions. (4) Reviewing, approving
and monitoring a written annual budget for the PCPA or PNA. Such budget shall
ensure funding to provide services relevant to all certified functions and
detail anticipated income and expenditures. (5) Authorizing,
reviewing and submitting to ODJFS an audit, if one is required pursuant to rule
5101:2-5-04 of the Administrative Code. This provision shall not apply to a
local public entity that is not a PCSA. (6) Conducting an annual
review of the PCPA's or PNA's written policies relevant to the
agency's certified functions. (B) The governing body of a PCPA or PNA
shall identify the names and current addresses of: (1) Board
members. (2) Current officers of
the board. (3) Partners or principal
owners of any association, partnership or other arrangement under which the
board has been established or operates. (C) A PCPA or PNA shall submit a copy of
any proposed articles of incorporation or amendments thereto to ODJFS prior to
filing them with the secretary of state pursuant to section 5103.04 of the
Revised Code. (D) A PCPA or PNA shall have an office
located within the state. (E) The minutes of all governing body
meetings shall be maintained at the PCPA or PNA in an organized, permanent and
current manner and shall include, at a minimum: (1) Dates of
meetings; (2) Names of those
governing body members present; and (3) Issues discussed and
actions taken. (F) A PCPA or PNA shall compile and
maintain a current written table of organization. (G) A PCPA or PNA shall not permit funds
to be paid or committed to be paid to any corporation, firm, association or
business in which any of the members of the governing body of the agency, the
executive personnel or their immediate families have any direct or indirect
financial interest, or in which any of these persons serve as an officer or
employee, unless the services or goods involved are provided at a competitive
cost or under terms favorable to the PCPA or PNA. The PCPA or PNA shall make a
written disclosure, in the minutes of the board, of any financial transaction
of the PCPA or PNA in which a member of the board or his/her immediate family
is involved. (H) A person who is employed by a PCPA or
PNA certified under this chapter or any person who is a member of the governing
body shall not be eligible to vote on or participate in the decision making
process with respect to any matter or issue in which he/she could benefit
financially or materially. (I) A PCPA or PNA shall have a written
mission statement and a description of its programs.
Last updated September 24, 2024 at 8:50 AM
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Rule 5101:2-5-09 | Personnel and prohibited convictions for employment.
(A) An agency, as defined in rule
5101:2-1-01 of the Administrative Code, is to have written descriptions
specific for each position or group of positions within the agency's
certified function for all college interns, volunteers, and
employees. (B) An agency is to hire qualified employees to provide the
services which it is certified to provide. (1) The person employed
as the administrator of the agency is to possess at least a bachelor's
degree from a college or university accredited by a nationally recognized
accrediting organization and other qualifications and experience as determined
by the governing body in writing. (2) An agency is to
assure that all staff hired or who are under any personal service contract who
are required by law to possess any professional license or certification are so
licensed or certified. (3) Persons employed in
positions responsible for the daily direct care or supervision of children is
to be at least twenty-one years of age and possess a high school diploma or
equivalency certificate. As an alternative to the educational requirement such
persons is to have at least one year of full-time equivalent paid or volunteer
experience in the direct provision of care to children. (C) In those instances when an employee is responsible for
varied job responsibilities and, as such, falls within more than one category
of paragraph (B) of this rule, such employee is to meet those qualifications
which are the most rigorous among the competing criteria. (D) A residential facility is to require a JFS 01390
"ODJFS Medical Statement for Child Care Staff in Residential
Facilities" to be completed by a licensed physician, physician assistant,
clinical nurse specialist, certified nurse practitioner, or certified
nurse-midwife within six months prior to employing any child care staff who
will have direct contact with children. (E) An agency is to, at its own discretion or at the
request of the Ohio department of job and family services (ODJFS), require an
employee or prospective employee to provide reports on the individual's
physical or mental health from qualified professionals when the individual
exhibits signs of a physical or mental health problem which might impair the
individual's ability to ensure the health and safety of
children. (F) To determine whether a prospective employee is
qualified to be hired , all required background checks shall be conducted
pursuant to rule 5101:2-5-09.1 of the Administrative Code. (G) An agency is to have a separate personnel file for each
employee which is to include at a minimum: (1) The employee's
application for employment. (2) A copy of the employee's current
job description. (3) A copy of each job evaluation
performed. (4) A copy of all medical records
obtained. (5) Documentation of all training
received, including specific training for and an annual review of acceptable
methods of restraint, if applicable. (6) Copies of all professional
credentials, licenses or certifications related to the position of
employment. (7) Copies of all disciplinary actions
involving the employee. (8) The employee's date of hire and
termination if applicable. (9) The bureau of criminal investigation
(BCI) and federal bureau of investigation (FBI) criminal records check results
required by rule 5101:2-5-09.1 of the Administrative Code and, if applicable,
documentation that the rehabilitation requirements have been met. (10) Any notification of charges of any
criminal offense brought against the employee and any notification of
conviction of any criminal offense. (11) Copies of all educational degrees,
diplomas or equivalency certificates. (12) Copies showing proof of a valid
driver's license and current automobile insurance, if the staff member
will be utilizing his or her own vehicle when transporting
children. (H) Personnel files for each employee is to be maintained
for at least five years after the date of employment ends. (I) Nothing in this rule is to apply to a foster caregiver
who is subject to the provisions of Chapter 5101:2-7 of the Administrative
Code.
Last updated April 2, 2024 at 9:02 AM
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Rule 5101:2-5-09.1 | Background checks for college interns, subcontractors, volunteers, employees, board presidents, officers, administrators and foster caregivers.
(A) Types of background
checks: (1) Bureau of criminal
investigation (BCI) records pursuant to section 2151.86 of the Revised
Code. (2) Federal bureau of
investigation (FBI) records pursuant to section 2151.86 of the Revised Code.
This check is to be completed for all initial checks and optional
thereafter. (3) National sex offender
registry. The website is located at: https://www.nsopw.gov/. (4) Ohio statewide automated child
welfare information system (Ohio SACWIS) records for alleged
perpetrator. (B) If an individual previously resided
in a state other than Ohio: (1) The agency is to
contact any states in which the individual resided in the previous five years
to request the information specified in paragraph (A) of this
rule. (2) Any information
received from other states will be reviewed and considered by the agency as
part of the background check review. (C) Background checks are to be completed for the
following: (1) An employee of a
private child placing agency (PCPA), private noncustodial agency (PNA) or a
local public entity (LPE). (2) A board president,
administrator or officer of a PCPA, PNA or LPE. (3) Staff of a
residential center operated by a public children services agency
(PCSA). (4) A college intern, subcontractor or
volunteer. (5) A foster care applicant or
caregiver. (6) All household members eighteen years
of age or older in a foster care applicant or caregiver's
home. (D) A PCPA, PNA, residential center operated by a PCSA or
LPE is to also conduct a background check of the following for each board
president, administrator or officer: (1) A certified search of
the findings for recovery database. The website is located at:
http://ffr.ohioauditor.gov/. (2) A database review at
the federal website known as the system for award management. The website is
located at:
https://www.sam.gov/SAM/pages/public/searchRecords/search.jsf. (E) The agency may refuse to hire or appoint a person as a
board president, administrator or officer as follows: (1) Based solely on the
findings of the summary report as described in paragraph (A)(5) of this rule or
the results of the search described in paragraph (A)(3) or (A)(4) of this
rule. (2) Based on the results
of the certified search or database review as described in paragraphs (C)(1)
and (C)(2) of this rule. (F) Timeframes for completion of background
checks. (1) For BCI and FBI
records: (a) At application for a foster caregiver and household
members. (b) Prior to the first day of employment for board
president, administrator, officer or prospective employees of a PCPA, PNA or
LPE. (c) Prior to the first day of work for a college intern,
subcontractor or volunteer. (d) Every four years from the completed date of the most
recent BCI records check for: (i) A foster caregiver,
or adult household member in a foster caregiver's home. (ii) A college intern,
subcontractor or volunteer. (iii) A board president,
administrator, officer, or employee of a PCPA, PNA, residential center operated
by a PCSA or LPE. (e) For a minor household member in a foster
caregiver's home, within thirty days from when the minor turns eighteen
years old and every four years thereafter. The agency may conduct a check
sooner than four years after the initial check in order to align the timeframe
with the other household members. (2) For all background
checks other than BCI or FBI: (a) For a foster caregiver and household members, at
application and every four years thereafter. (b) Prior to the first day of employment for board
president, administrator, officer or prospective employees of a PCPA, PNA,
residential center operated by a LPE. (c) Prior to the first day of work for a college intern,
subcontractor or volunteer. (G) Process for obtaining a criminal background check. The
agency is to: (1) Submit fingerprints
manually or electronically according to the process established by BCI.
Information on how to obtain a background check can be found at
https://www.ohioattorneygeneral.gov/Business/Services-for-Business/WebCheck. (2) Pay to BCI the fee
prescribed pursuant to division (C)(3) of section 109.572 of the Revised Code
for each criminal records check conducted. (3) The agency may charge
a person subject to a criminal records check, a fee for the costs incurred in
obtaining a criminal records check. Pursuant to division (D) of section 2151.86
of the Revised Code, a fee charged by the agency is not to exceed the fee paid
by the agency to BCI. If a fee is charged, the agency is to notify the person
at the time of initial application of the amount of the fee and that, unless
the fee is paid, the person will not be considered for appointment, employment
or certification as a foster caregiver. (H) If an individual fails to complete
the full background check determination process: (1) The foster care
applicant is to be denied certification pursuant to rule 5101:2-5-26 of the
Administrative Code. (2) The foster caregiver
certification is to be revoked pursuant to rule 5101:2-5-26 of the
Administrative Code. (3) The intern,
volunteer, subcontractor, employee, board president, administrator or officer
of a residential center operated by a PCSA, PCPA, PNA or LPE is to be denied a
position with the agency. (I) An individual will be ineligible to
be a foster caregiver with any agency, or a college intern, subcontractor,
volunteer, employee, board president or administrator of a PCPA, PNA,
residential center operated by a PCSA or LPE if any of the following are
applicable: (1) A conviction or
guilty plea to an offense listed in division (A)(4) of section 109.572 of the
Revised Code, unless the individual meets the rehabilitation criteria in
appendix A of this rule for a foster care applicant, a foster caregiver and
household members of a foster care applicant or foster caregiver's home or
appendix B of this rule for a college intern, subcontractor, volunteer,
employee, board president or administrator of a PCPA, PNA, residential center
operated by a PCSA or LPE. (a) Section 109.572 of the Revised Code specifies 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)(4) 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 to which all
conditions have been performed or have transpired. (2) Being registered or
obligated to be registered on the national or state sex offender registry or
repository. (J) Ohio SACWIS alleged perpetrator search. (1) For any college intern, subcontractor, volunteer,
employee, board president or administrator of a PCPA, PNA, or residential
center operated by a PCSA or LPE, the agency is to conduct an alleged
perpetrator search pursuant to section 5103.0310 of the Revised Code. The
individual is ineligible if: (a) They have a
substantiated finding within the last ten years, (b) They have had a child
removed from their home in the last ten years pursuant to section 2151.353 of
the Revised Code due to a court determination of abuse or neglect caused by
that specific person. (c) While employed or
working, they are identified in Ohio SACWIS as the perpetrator for a
substantiated finding of child abuse or neglect. (2) For any foster caregiver applicant, foster caregiver or
any adult household member of an applicant's or caregiver's
household, the agency is to conduct an alleged perpetrator search pursuant to
section 5103.18 of the Revised Code. (K) The recommending agency is to evaluate if the foster
home should continue to be recommended for certification or be recommended for
denial or revocation of certification when a person who is certified as a
foster caregiver, or is a household member in a certified caregiver's home
is convicted of any offense listed in appendix A to this rule. (1) The evaluation is to
begin within five days of the agency's knowledge of the person's
conviction, be completed within thirty days, and be documented in the foster
home's record. (2) At a minimum, the
provisions of paragraph (L) of this rule is to be considered in the
evaluation. (3) This requirement is
also to be applicable for any adult who resides with a foster caregiver upon
conviction of any offense listed in appendix A to this rule. (L) The evaluation specified by paragraph (K) of this rule
is to include, at a minimum: (1) Whether there are
children currently placed in the foster home and the impact of disruption on
the children if moved. (2) Whether
rehabilitation of the individual had to be considered for initial
certification. (3) The length of time of
certification prior to this conviction. (4) The factors outlined
in appendix C to this rule. (M) Rehabilitation criteria for criminal offenses. Unless
specifically disqualified in appendix A or appendix B to this
rule: (1) A foster caregiver or
an adult resident of the foster caregiver's household is to meet all of
the rehabilitation conditions in appendix C to this rule. (2) An employee, board
president or administrator of a PCPA, PNA, residential center operated by a
PCSA or LPE is to meet all of the rehabilitation conditions in appendix D to
this rule. (N) It is the individual's duty to provide written
verification that the rehabilitation criteria specified in paragraph (L) of
this rule are met. If the individual fails to provide proof or if the agency
determines that the proof offered by the individual is inconclusive or
insufficient, the person is not to be certified as a foster caregiver or hired
by the agency. Any doubt is to be resolved in favor of protecting the children
the agency serves.
View AppendixView Appendix
Last updated September 4, 2024 at 1:29 PM
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Rule 5101:2-5-10 | Child records.
Effective:
February 1, 2021
(A) An agency providing twenty-four hour
out-of-home care for a child shall maintain a case record for each child in
out-of-home care which shall include but not be limited to the documentation as
required by Chapters 5101:2-5, 5101:2-7, 5101:2-9, 5101:2-38, 5101:2-39,
5101:2-42, and 5101:2-48 of the Administrative Code, as applicable to the
certified function of the agency, for at least five years after
discharge. (B) All written documentation required by
the rules referenced in paragraph (A) of this rule may be maintained at a
central office location except that a copy of each child's current service
plan, an annually updated color photograph, and current medical records shall
be kept on the premises of the agency office providing services to the child or
at the residential facility in which the child is placed. (C) An agency that holds custody of a
child and places the child in a residential facility or foster home operated by
or recommended for certification by another agency shall provide to the agency
copies of all medical, social, legal, educational or other data within fifteen
days of placement or upon request of the agency.
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Rule 5101:2-5-11 | Complaint handling.
(A) The Ohio department of job and family
services (ODJFS) may begin an investigation if either of the following
apply: (1) ODJFS has knowledge
of rule noncompliance or receives a complaint alleging that an agency is in
violation of any of the requirements of the Administrative Code relative to the
functions performed by the agency. (2) A person or
organization is operating a function that requires certification pursuant to
rule 5101:2-5-03 of the Administrative Code without a certificate. (B) Whenever ODJFS receives any report
concerning the operation of an agency that alleges child abuse or neglect has
occurred or is occurring, ODJFS shall immediately refer the report to the
appropriate public children services agency. (C) At the commencement of a site
investigation by ODJFS of a complaint, other than an abuse or neglect
investigation, ODJFS shall contact the administrator or designee of the agency
and explain the nature of the complaint. (D) An agency shall cooperate with ODJFS
in the investigation of any complaint and with the implementation of any
required corrective action plans whenever an investigation finds a violation of
the requirements of the Administrative Code as applicable to the functions
performed by the agency. (E) Upon completion of the investigation
of a complaint, ODJFS shall conduct an exit interview with the administrator or
designee. The purpose of the exit interview is to inform the administrator of
the findings of the investigation. Any areas of noncompliance will be presented
in writing on a citation of noncompliance and explained to the administrator or
designee during the exit interview. The signature of the administrator or
designee on the citation shall signify only that the administrator or designee
has received the citation. (F) No agency shall recommend denial or
revocation of a foster home certificate or discharge, demote, suspend, reduce
board payments to a foster home, or threaten to recommend denial or revocation
of a foster home certificate, discharge, demote, suspend, or in any manner
discriminate against any foster caregiver or employee based on the foster
caregiver or employee taking any of the following actions: (1) Making any good-faith
oral or written complaint to ODJFS regarding a violation of any Administrative
Code rules applicable to the functions performed by the agency. (2) Instituting or
causing to be instituted any proceeding against the agency under this
chapter. (3) Acting as a witness
in any proceeding under this chapter. (4) Refusing to perform
work that constitutes a violation of any Administrative Code rule applicable to
the agency's certified functions. (G) If the director of ODJFS determines
that a person or organization is operating a function that requires
certification pursuant to rule 5101:2-5-03 of the Administrative Code without a
certificate, the director may petition the court of common pleas in the county
in which the person or organization is operating without a certificate for an
order enjoining the person or organization from operating without a
certificate. (H) If both of the following are the
case, the director of ODJFS may petition the court of common pleas of any
county in which an agency that holds a certificate issued under rule
5101:2-5-03 of the Administrative Code is operating for an order to prevent the
agency from receiving additional children into the agency's care or an
order removing children from the agency's care: (1) ODJFS has evidence
that the life, health, or safety of one or more children in the care of the
agency is at imminent risk. (2) ODJFS has issued a
proposed adjudication order pursuant to Chapter 119. of the Revised Code to
deny renewal of or revoke the agency's certificate.
Last updated September 24, 2024 at 8:50 AM
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Rule 5101:2-5-13 | Required agency policies, plans and procedures.
Effective:
December 15, 2023
(A) A public children services agency
(PCSA), private child placing agency (PCPA) or private noncustodial agency
(PNA) engaging in any of the functions listed in rule 5101:2-5-03 of the
Administrative Code shall have, at a minimum, all of the following policies as
applicable to the function or functions being performed. (1) An agency shall have
a written discipline policy which: (a) Prohibits the use of prone restraints. Prone restraint is a
method of intervention where a person's face and/or frontal part of his or
her body is placed in a downward position touching any surface for any amount
of time. Prone restraint includes physical or mechanical
restraint. (b) If an agency has a discipline policy that does not allow any
type of restraint, the agency can document this in its policy and the agency
does not have to address the issues in paragraph (A)(1)(a) of this
rule. (2) An agency shall have a written plan
describing strategies for foster caregiver recruitment that complies with the
Multiethnic Placement Act, Oct. 20, 1994, P.L. 103-382, as amended by Section
1808 of the Small Business Job Protection Act of 1996, P.L. 104-188 (MEPA), and
the Civil Rights Act of 1964 (Title VI), as it applies to the foster care
process. If the PCSA, PCPA or PNA amends its recruitment plan, the agency shall
be responsible for submitting the amended recruitment plan to ODJFS within
ninety days following a plan change. This policy shall include: (a) A description of the characteristics of foster children
served by the agency that shall include the following: (i) Ages. (ii) Developmental
needs. (iii) Emotional
needs. (iv) Physical
needs. (v) Race, color and
national origin backgrounds. (vi) Levels of care
needed. (b) Diverse methods of disseminating general information
regarding the children served by the agency. (c) Specific strategies to reach all parts of the community as
defined by the agency. (d) Strategies for assuring that prospective foster caregivers
have access to the application process, including the flexibility of service to
the community served by the agency. (e) Strategies for training staff to work with diverse cultural,
racial, ethnic and economic communities. (f) Strategies for dealing with linguistic barriers. (g) Procedures for a timely search for foster caregivers,
including the use of interagency efforts, provided that such procedures ensure
that placement of a child in an appropriate household is not delayed by the
search for a same race or ethnic placement. (h) A statement of assurance that all foster caregiver
recruitment activities and materials shall be in compliance with MEPA and Title
VI, the Indian Child Welfare Act of 1978, 25 U.S.C. 1901 and the Adoption and
Safe Families Act of 1997. (3) An agency shall have a written policy
describing the process for simultaneously approving applicants for foster care
placement and adoptive placement. (4) An agency shall have a written policy
detailing any assessment activities in which an agency would require a foster
caregiver applicant to participate and any materials or documentation, not
specifically required by Chapter 5101:2-5 or 5101:2-7 of the Administrative
Code, which a foster caregiver applicant would be required to submit as part of
the assessment or homestudy process. (5) An agency shall have a written policy
detailing all payments to foster caregivers. (6) An agency shall have a written
grievance policy detailing the methods for hearing grievances and for resolving
differences with a foster caregiver or applicant relative to the requirements
imposed by Chapter 5101:2-7 of the Administrative Code and other agency
policies. This policy shall include a method of review by the highest
administrative employee of the agency or designee for any unresolved grievance
within thirty calendar days of the filing of the grievance. (7) A PCSA or PCPA shall
have a written policy regarding the required notification to the foster or
kinship caregiver if the PCSA or PCPA seeks permanent custody of a child placed
with the caregiver and if a child placed with the caregiver becomes available
for adoption. The notification shall also be given to the recommending agency
when the custodial agency is different than the recommending agency. The
notification shall be consistent with the requirements contained in section
5103.161 of the Revised Code. (8) An agency shall have written policies
that shall be explained to potential foster caregivers during initial
orientation for all of the following: (a) Liability insurance and compensation for damages done by
children placed in foster care. (b) Legal representation, legal fees, counseling or legal
advocacy for foster caregivers for matters directly related to the proper
performance of their roles. (c) Investigations of abuse and/or neglect involving a child
living in a foster home. (9) Each recommending agency shall
establish and implement a policy regarding good cause for a foster
caregiver's failure to complete the continuing training in accordance with
rule 5101:2-5-33 of the Administrative Code. If the foster caregiver complies
with the policy, as determined by the agency, ODJFS may renew the foster
caregiver's foster home certificate. The agency shall submit the policy to
the department and provide a copy to each foster home the agency recommends for
certification or renewal. The policy shall include all of the
following: (a) What constitutes good cause, including documented illness,
critical emergencies, and lack of accessible training programs. (b) Procedures for developing a scheduled corrective action plan
that provides for prompt completion of the continuing training. (c) Procedures for recommending revocation of the foster home
certificate if the foster caregiver fails to comply with the corrective action
plan. (10) An agency operating a specialized
foster home program shall have a written policy on the operation of the
specialized foster home program which shall comply with the requirements of
rules 5101:2-5-36, 5101:2-5-37, 5101:2-7-16, and 5101:2-7-17 of the
Administrative Code, as applicable. The policy shall specify: (a) The hierarchy of the program including: (i) The number of
treatment team leaders each supervisor is responsible for providing
supervision. (ii) The specific number
of treatment and medically fragile foster children for which each treatment
team leader shall be responsible for providing case management
services. (b) How the agency will determine the equivalent experience
required by paragraph (A) of rule 5101:2-7-16 of the Administrative Code and
rule 5101:2-7-17 of the Administrative Code, as applicable. (11) An agency operating a specialized
foster home program shall have a written policy that provides for access to
both planned and crisis respite care, the amount to be determined on a
case-by-case basis, for children in the program's care. The respite care
policy shall include, but is not limited to, the following
provisions: (a) Utilization of respite care shall be only with the approval
of the administrative director of the specialized foster care program or his or
her designee. (b) A process for the specialized foster care program to select
and approve respite care providers. (c) Only approved respite care providers shall be
utilized. (d) An approved respite care provider, who is not certified as a
foster caregiver or specialized foster caregiver, shall receive at least twelve
hours of orientation and training relevant to the children served by the
specialized foster care program and have a criminal record check conducted as
for a foster caregiver pursuant to rule 5101:2-5-09.1 of the Administrative
Code prior to providing respite care. (e) A respite care provider shall not provide respite care for
children for more than two consecutive weeks unless the provider is certified
as a specialized foster caregiver. (f) Prior to each occasion of respite care, the recommending
agency shall provide the respite care provider with a copy of the JFS 01443
"Child's Education and Health Information" or the form the
agency uses in lieu of the JFS 01443 completed for the child pursuant to rule
5101:2-38-08 of the Administrative Code as part of his case plan and at least a
written summary of the child's service plan and any information required
to be shared with a foster caregiver by rule 5101:2-42-90 of the Administrative
Code. In addition, for a medically fragile child, any nursing treatment plan
containing physician orders shall be provided. The information required by this
paragraph shall be provided to the respite care provider by the agency that has
approved the respite care provider. Documentation that this has been done shall
be maintained in the child's case record by the agency that approved the
respite care provider. (g) For each occasion of respite care, a respite care provider
shall provide a written report of the child's stay in respite care to the
specialized foster caregiver. (h) A respite care provider for a medically fragile child shall
be certified as a foster caregiver for medically fragile children or be a
licensed medical professional. (12) An agency operating a specialized
foster home program shall have a written policy, outlining procedures for
matching children with specialized foster caregivers, that ensures
consideration of the child's needs, the capabilities of the specialized
foster caregiver, and family-centered, neighborhood-based
practices. (13) An agency operating a specialized
foster care program shall have a written policy to assure that all children in
specialized foster care and all specialized foster caregivers and their
families affiliated with the program shall have access to crisis counseling,
arranged by the program, for issues or problems caused by a specific incident
related to a child receiving treatment within the caregiver's home,
including the death or hospitalization of a child. (14) An agency which is certified to
operate a residential facility, a treatment foster care program, or a medically
fragile foster care program shall be responsible for developing and
implementing a behavior intervention policy which includes a description of the
facility's behavior management program. The behavior intervention policy
shall, at a minimum, contain the following components: (a) A detailed description of the full range of behavior
intervention procedures (intervention that is the least intrusive and least
disruptive to the child, positive behavioral interventions, prompted
relaxation, time out, physical restraints, supervised restraint, and isolation)
or combination of procedures employed, including operational details of the
interventions themselves and a definition of each behavior
intervention. (b) The use of restrictive behavior interventions, behavior
management techniques or aversive procedures and identification of instances in
which such procedures may be contraindicated. (c) Procedures for carrying out these provisions consistent with
the needs of children with disabilities. (d) A description of the credentials of the personnel involved in
designing, approving, implementing, monitoring and supervising the
implementation of the behavior interventions. (15) An agency which is certified to
operate a residential facility shall have a written policy on the use of
alcohol, tobacco and tobacco products by staff and children within such
facilities which shall conform to, but is not limited to, the requirements of
rule 5101:2-9-06 of the Administrative Code. No residential facility shall use
alcohol, tobacco or tobacco products to influence or control the behavior of a
child. (16) An agency which is
certified to operate a residential facility shall have a written admissions
policy specifying the type of child who will be accepted into the facility and
the conditions under which a child would not be accepted. (17) An agency which is
certified to operate a residential facility is to have a written policy to
address the requirements of being a qualified residential treatment program
(QRTP) as outlined in rule 5101:2-9-42 of the Administrative Code. (18) An agency shall have a written policy
which describes the conditions under which, and the procedures by which, a
child will be discharged from an out-of-home care setting including any
criteria for emergency discharges and discharges not in accordance with a
child's service plan. (19) An agency shall have a written policy
which specifies the procedures for ensuring the accessibility of the
administrator or designee with executive authority to agency staff and ODJFS
representatives at all times. (20) An agency shall have a written policy
regarding access, confidentiality, maintenance, security and disposal of all
records maintained by the agency. (21) An agency shall have a written policy
which protects the confidentiality of information concerning a child and the
child's family. This policy shall include the agency's procedure for
disseminating information to a child fatality review board. (22) An agency shall have a written policy
governing the agency's participation in human research projects, fund
raising and publicity activities, and shall not involve a child in any such
activity without the prior informed, written consent of the parent, guardian or
legal custodian and the child, according to the child's age and
functioning level. Such written consent shall be contained in the child's
case record. (23) An agency shall have written
personnel policies and procedures which are provided to all personnel. These
personnel polices and procedures shall include, but are not limited
to: (a) Procedures for recruitment, screening, orientation,
assignment, supervision, promotion, training, and written annual evaluation of
all employees. (b) Procedures for discipline of employees including suspension
and dismissal. (c) Procedures for handling staff grievances. (d) Salary and fringe benefit plan. (e) A requirement for an employee that he shall notify the agency
within twenty-four hours of any charge of any criminal offense that is brought
against him. This policy shall also contain a provision that: (i) Failure to notify the
agency within twenty-four hours of any charge of any of the crimes listed in
rule 5101:2-5-09 of the Administrative Code shall result in immediate dismissal
from employment. (ii) If the charges
result in a conviction, the employee shall notify the agency within twenty-four
hours of the conviction. Failure to notify the employer of any conviction of
any criminal offense shall result in the employee's immediate dismissal
from employment. (iii) Conviction of any
of the crimes listed in rule 5101:2-5-09 of the Administrative Code while in
the employ of the agency shall result in immediate dismissal from employment
with the agency. (24) An agency which uses volunteers or
college interns shall have a written policy for screening which includes
conducting criminal background checks, orienting, training, supervising and
assigning volunteers and college interns, as appropriate to the function to be
performed. The policy shall include a requirement for any volunteer or college
intern to notify the agency within twenty-four hours of any charge of any
criminal offense that is brought against him. The policy shall also contain the
following provisions: (a) Failure to notify the agency within twenty-four hours of any
charge shall result in immediate dismissal from the agency. (b) If the charges result in a conviction, the volunteer or
college intern shall notify the agency within twenty-four hours of the
conviction. Failure to notify the agency of any conviction of any criminal
offense shall result in the immediate dismissal of the volunteer or college
intern from the agency. (c) Conviction of any of the crimes listed in rule 5101:2-5-09 of
the Administrative Code while serving as a volunteer or college intern for the
agency shall result in the immediate dismissal of the volunteer or college
intern from the agency. (25) An agency shall have a written policy
and procedure which assures protection of a child's civil
rights. (26) An agency operating a foster care
program shall include in its foster care policy a copy of the JFS 01611
"Non-discrimination Requirements for Foster Care and Adoptive
Placements." No additional language regarding non-discrimination in the
foster care process based upon race, color, or national origin shall be
permitted in the PCSA, PCPA or PNA foster care policy unless additional
language is required pursuant to a federal court order and is approved by the
ODJFS. (27) An agency operating a foster care
program shall comply with the standards of conduct regarding MEPA and Title VI
in accordance with rule 5101:2-33-11 of the Administrative Code. (28) An agency operating a foster care
program shall include in its foster care policy the complaint process pursuant
to rule 5101:2-33-03 of the Administrative Code. (29) If a recommending agency has a foster
home that is providing care for a child in the custody of another agency, the
recommending agency shall have a written policy and procedure to notify the
custodial agency if any of the following incidents occur: (a) A serious injury or illness involving medical treatment of
the foster child. (b) The death of the foster child. (c) Unauthorized absence of the foster child from the home. The
recommending agency shall provide the notification to the custodial agency
immediately, but no later than twenty-four hours from the time the recommending
agency became aware of the unauthorized absence. (d) Removal or attempted removal of the foster child from the
home by any person or agency other than the placing agency. (e) Any involvement of the foster child with law enforcement
authorities. (30) A PCSA shall have a written policy
for monitoring the appropriate use of psychotropic medications for children in
foster care. In preparation for developing the policy, the PCSA may review the
JFS 01682 "Psychotropic medication toolkit for Public Children Services
Agencies." This policy shall include: (a) Comprehensive and coordinated screening, assessment, and
treatment planning mechanisms to identify the child's mental health and
trauma-treatment needs including a psychiatric or medical evaluation, as
necessary, to identify needs for psychotropic medication. (b) Informed and shared decision-making and methods for ongoing
communication between the prescriber, the child, the child's parents or
caregivers, other healthcare providers, and the agency case
worker. (c) Effective medication monitoring for the children placed in
care. (31) A residential facility operating as a
private, nonprofit therapeutic wilderness camp shall have written policies in
accordance with division (D) of section 5103.50 of the Revised
Code. (B) Unless otherwise indicated, policies,
plans and procedures related to ODJFS certified or approved functions shall be
submitted to ODJFS for review in accordance with the following: (1) At the time of
application for an initial certificate, all policies, plans, and procedures
shall be submitted. (2) At the time of
application for an amended certificate to add an additional function, the
agency shall submit any policy, plan, or procedure related to the new
function. (3) At the time of
request for approval of any new foster home function of a PCSA, all policies,
plans, and procedures related to that function shall be submitted. (4) When an agency
revises a policy, plan or procedure, the revision shall be submitted within
ninety calendar days of the change. (5) If a change of the
Administrative Code or the Revised Code requires the agency policy to change,
the agency shall submit the affected agency policy to ODJFS within ninety days
of the effective date of the Administrative Code or the Revised Code
change. (C) An agency shall ensure that agency
staff and contractors performing work related to the functions listed in rule
5101:2-5-03 of the Administrative Code shall implement all current written
policies of the agency related to those functions and that all activities and
programs related to those functions occur in accordance with such
policies. (D) All policies required by this chapter shall be provided to
any person affected by the policy. Any policy required by this chapter shall be
provided to any person upon request. (E) If ODJFS determines an agency's
foster care policy, policy revisions or plans are noncompliant, the agency
shall accept technical assistance from ODJFS until such time that the policy or
recruitment plan is in compliance.
Last updated December 15, 2023 at 7:36 AM
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Rule 5101:2-5-13.1 | Disaster preparedness plan requirements.
(A) A public children services agency
(PCSA), private child placing agency (PCPA), private non-custodial agency
(PNA), and any residential facility shall create, in writing, a disaster
preparedness plan and include this plan in its agency foster care policy. All
residential facilities shall comply with this rule in addition to rule
5101:2-9-07 of the Administrative Code. (B) A PCSA, PCPA, PNA or residential
facility shall submit its plan to the Ohio department of job and family
services (ODJFS) at any of the following times: (1) At the time of
application for initial certification or recertification. (2) Upon review of PCSA
foster home records by ODJFS. (3) Within ten days of a
foster care policy change that would have an effect on the disaster
preparedness plan. (C) The following areas shall be
addressed in a PCSA or a PCPA disaster preparedness plan: (1) Identification of
essential personnel needed for the operation of the agency. (2) Alternative physical
work location including provisions for temporary work sites. (3) Communication plan
for agency staff, substitute caregivers, and other critical team members with
or without e-mail, internet, statewide automated child welfare information
system (SACWIS) or telephone access. (4) Identification of
essential work activities that must continue in order to ensure the safety of
children, support caregivers and service providers. (5) Procedures for
handling new reports of child maltreatment if the agency is responsible for
responding to reports concerning children. (6) Procedures for
tracking clients and substitute caregivers with or without SACWIS or other
technical system in place. (7) Continuity of
services to families receiving in-home supportive services. (8) Continuity of
services to children in substitute care and kinship care
placements. (9) Maintenance and
security of agency records not included in SACWIS including soft copies stored
in other software applications and hard copies. (10) Maintenance and
security of court records for child protective services cases and PCPA adoption
court records. (11) Coordination of
services with law enforcement, hospitals/medical providers or other disaster
response agencies for the following: (a) Children in agency custody. (b) Children with no known or available parent, guardian or
custodian. (12) Working with
emergency shelters for the following: (a) Staff training in disaster preparedness. (b) Coordination of services for children and families in
emergency shelters (physical location; shared responsibilities). (c) Volunteers. (13) Plans of
cooperation/memoranda of understanding with another agency which, at a minimum,
would address duties and requirements. (D) The following areas shall be
addressed in a disaster preparedness plan for a PNA or any residential facility
including those residential facilities operated by a PCPA or PCSA: (1) Identification of
essential personnel needed for the operation of the agency. (2) Identification of an
alternative physical work location including provisions for temporary work
sites. (3) Communication plan
for agency staff, substitute caregivers, and other critical team members with
or without e-mail, internet, SACWIS or telephone access. (4) Identification of
essential work activities that must continue in order to ensure child safety
and support caregivers, youth and service providers, and facility staff, if
applicable. (5) Procedures for
tracking clients and substitute caregivers. (6) Continuity of
services to children in substitute care. (7) Maintenance and
security of agency records.
Last updated September 24, 2024 at 9:12 AM
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Rule 5101:2-5-14 | Treatment or diagnostic services.
(A) An agency shall inform the individual
or agency that placed a child in out of home care of any of the following
services: (1) If the child needs
treatment for non-routine mental health, medical, dental, or vision care and
this treatment is not included in the current case plan. (2) If the child needs
diagnostic services for non-routine mental health, medical, dental, or vision
care and this diagnostic service is not included in the current case
plan. (B) If an agency does not directly employ
or contract with a vendor for treatment or diagnostic services, the agency
shall arrange with the custodial agency or individual for the provision of
these services. (C) Any treatment or diagnostic services
provided to any child pursuant to this rule shall be documented in the
child's case record required pursuant to rule 5101:2-5-10 of the
Administrative Code.
Last updated April 3, 2023 at 8:27 AM
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Rule 5101:2-5-15 | Volunteers, interns and subcontractors.
(A) Volunteers, subcontractors or interns
whose duties include any of the same general duties as child care staff shall
be trained in the mission of the out-of-home care setting to which they are
assigned. (B) An agency is to ensure a volunteer,
intern or subcontractor complies with the background check requirements of rule
5101:2-5-09 of the Administrative Code. (C) Volunteers, subcontractors or interns whose duties include
any of the same general duties as child care staff shall: (1) Receive training
pursuant to rule 5101:2-9-03 of the Administrative Code. (2) Be supervised by
agency staff. (3) Participate in at
least monthly face-to-face supervisory conferences. (D) Volunteers, subcontractors or interns shall be given a
specific written job description delineating the functions to be
performed. (E) An agency shall not use volunteers, subcontractors or interns
as a replacement for or in lieu of paid staff. Volunteers, subcontractors or
interns shall not be counted to meet required staff ratios as required by rule
5101:2-9-02 of the Administrative Code. (F) An agency which accepts interns shall have a written
agreement with each school placing students. This agreement shall, at a
minimum, include: (1) A statement of the
student's role and responsibilities. (2) A description of the
minimum qualifications the student must possess. (3) A statement outlining
the respective supervisory and evaluation responsibilities of the agency and
the placing school.
Last updated April 3, 2023 at 8:27 AM
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Rule 5101:2-5-16 | Consideration to be given to child's religion, beliefs and practices.
Effective:
February 1, 2021
(A) Every child has the right to enjoy
freedom of thought, conscience, and religion. An agency shall demonstrate
consideration for, and sensitivity to, the religious background of a child in
out-of-home care and of families receiving agency services. (B) Opportunity shall be provided each
child in out-of-home care for practicing the chosen religious beliefs and faith
of the child or his family, including dietary restrictions due to beliefs,
unless it is determined and documented in the child's case plan by the
custodial agency that practicing the child's or family's chosen
religious beliefs and faith is not in the child's best interests.
(C) A child may be encouraged to
participate in religious activities, but is not to be coerced to do
so. (D) An agency shall not require a child in an out-of-home
care setting to receive non-emergency medical treatment that conflicts with the
religious tenets or practices of the religion of the child or parent without
the specific written consent of the parent, guardian or custodian. (E) When a child in an out-of-home care setting requires
emergency medical treatment and such treatment conflicts with the religious
tenets or practices of the child, parent, guardian or custodian, the
out-of-home care setting shall immediately transport or arrange for the
transportation of the child to a medical facility and contact the custodial
agency or the individual who placed the child.
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Rule 5101:2-5-17 | Discharge summary.
(A) When a child is planned to be or is
discharged from a specialized foster home, the agency shall prepare a written
discharge summary. The discharge summary shall be prepared no earlier than
thirty days before and no later than thirty days after the date of discharge. A
copy of the discharge summary shall be maintained within the child's
record and a copy shall be provided, no later than ten days after the discharge
summary is completed, to the custodial agency which placed the
child. (B) The discharge summary required by
paragraph (A) of this rule shall contain at a minimum: (1) The reason for
discharge. (2) A summary of the
child's adjustment and results of the placement. (3) A brief summary of
medical, dental, optical, and therapeutic services which were provided to the
child. (4) A list of the current
prescription and nonprescription medications and any allergies to medications
for the child. (5) The name and official title or
relationship of the person to whom the child was released. (6) The new location of the
child. (7) Any recommendations for ongoing
treatment, including the identification of service providers whenever
possible. (C) When a child is placed from a foster
home into a respite care setting, a discharge summary is not required if the
child is expected to return to the foster home when the period of respite care
has ended. (D) When a child is receiving pre-planned
respite care services or is a short term direct placement on a recurring
schedule addressed in the case plan, the discharge summary is required at six
month intervals or at the conclusion of the service, whichever occurs
sooner. (E) A residential facility is to enter a
discharge summary into the residential treatment information system (RTIS) no
later than ten days after a child is discharged from the facility. A copy of
the discharge summary is to be maintained within the child's record and a
copy is to be provided, no later than ten days after the discharge summary is
completed, to the custodial agency which placed the child, or to the parent,
guardian or custodian in the case of a direct placement.
Last updated July 9, 2021 at 9:44 AM
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Rule 5101:2-5-18 | Waivers and variances.
Effective:
January 1, 2024
(A) The granting of a waiver of any requirement imposed by
Chapters 5101:2-1, 5101:2-5, 5101:2-7, 5101:2-9, 5101:2-39, and 5101:2-42 of
the Administrative Code is a discretionary act of the Ohio department of job
and family services (ODJFS) based upon documentation as to why the agency or
foster caregiver is not in compliance. The refusal of ODJFS to grant a waiver,
in whole or in part, shall be final and shall not be construed as creating any
rights to a hearing under Chapter 119. of the Revised Code. Waivers shall only
be requested, and will be considered on a case by case basis, for the
following: (1) Relative foster homes when the
request is for a non-safety issue. As used in this rule, relative has the same
meaning as kin. (2) A private, nonprofit therapeutic
wilderness camp (PNTWC). (3) A scholars
residential center. (4) An agency may request a waiver for a foster home in the
event of a disaster or emergency where the home or part of the home becomes
uninhabitable. (B) A request for a waiver shall be written and time limited. A
waiver request shall include sufficient information, including the time period
for which the waiver is requested. The time limit of a waiver shall not exceed
the expiration date of the current certificate. Upon the written request of an
agency, a waiver may be renewed, at the discretion of ODJFS, contingent upon
documentation to ODJFS of the efforts of the agency or foster caregiver to come
into compliance and the reasons they have not come into
compliance. (C) A request for a waiver of the requirements or prohibitions
imposed by Chapters 5101:2-1, 5101:2-5, 5101:2-9, 5101:2-39, and 5101:2-42 of
the Administrative Code on an agency's administration shall be written
using the JFS 01376 "Rule Waiver Request for Agencies, CRCs and Group
Homes" and submitted to the appropriate ODJFS field office. (D) A request for a waiver of the requirements or prohibitions
imposed upon a foster home or a foster caregiver by Chapters 5101:2-1,
5101:2-7, 5101:2-39, and 5101:2-42, of the Administrative Code and related
foster home provisions of Chapter 5101:2-5 of the Administrative Code shall be
requested through the statewide automated child welfare information system
(SACWIS). (E) The approval of a waiver request by ODJFS shall not be
construed as constituting precedence for the approval of any other waiver
request or the renewal of an existing waiver. (F) Waiver requests that have been approved prior to the
effective date of this rule shall remain in effect until the waiver expires
unless the terms or conditions of the waiver are violated or otherwise become
nullified by a situation or by a change in the applicable Administrative Code
rule. (G) Effective October 1, 2011, no variances shall be
approved. (H) Variance requests that have been approved prior to October 1,
2011 shall remain in effect unless the terms or conditions of a variance are
violated or otherwise become nullified by a situation or by a change in the
applicable Administrative Code rule. If the variance is nullified, it shall be
rescinded. ODJFS has sole discretion in the rescission of a variance. The
rescission of a variance shall not be construed as creating any rights to a
hearing under Chapter 119. of the Revised Code.
Last updated September 24, 2024 at 8:50 AM
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Rule 5101:2-5-20 | Initial application and completion of the foster care homestudy.
Effective:
February 16, 2024
(A) A public children services agency
(PCSA), private child placing agency (PCPA) or private noncustodial agency
(PNA) acting as a representative of the Ohio department of job and family
services (ODJFS) shall: (1) Inform all
individuals applying for an initial foster home certificate they can also be
considered for adoption homestudy approval. (2) Conduct a joint
homestudy pursuant to the requirements contained in Chapters 5101:2-5, 5101:2-7
and 5101:2-48 of the Administrative Code resulting in the simultaneous approval
of the applicant for: (a) Foster care placement. (b) Adoption homestudy approval. (3) If the PCPA or PNA is
not certified to recommend foster homes for certification and place or
participate in the placement of children for adoption, then the agency must
inform the individuals that a joint homestudy could be conducted simultaneously
by another agency that is certified for both functions. (B) The PCSA, PCPA, PNA, or court shall
ensure that employees or persons under contract with the agency to perform
assessor duties comply with the following requirements. (1) The assessor
definition in rule 5101:2-1-01 of the Administrative Code. (2) Rule 5101:2-48-06 of
the Administrative Code. (3) Section 3107.014 of
the Revised Code. (C) To avoid a conflict of interest, or
the appearance of any conflict of interest, an assessor shall not perform any
assessor duties for any of the following persons: (1) Him or her
self. (2) Any person who is a
relative of the assessor. (3) Any agency employee
for whom the assessor has any supervisory responsibility. (4) Any agency employee
who has any supervisory responsibility for the assessor. (D) To avoid a conflict of interest, or the appearance of any
conflict of interest: (1) The agency
administrator and a relative of the agency administrator shall not be certified
as a foster caregiver by the agency with which the administrator is
employed. (2) A member of the
agency's governing body and a person known to the agency as a relative of
the agency's governing body shall not be certified as a foster caregiver
by the agency with which the member is associated. (3) Foster care inquiries
from anyone mentioned in this paragraph wishing to be certified foster
caregivers shall be referred to another recommending agency with no such
appearance of a conflict of interest. (4) An existing foster
home certificate of any person referred to in paragraph (D) of this rule shall
be transferred to another recommending agency except the foster caregiver may
maintain the certificate and continue to provide care for any currently placed
foster children placed in the home prior to January 1, 2008. This foster
caregiver shall not accept any additional placements of foster children and
shall transfer to another recommending agency within sixty days of the date the
current foster children are no longer placed in the home. (5) If the agency becomes
aware a certified foster caregiver of the agency is a relative of the
administrator or a relative of the agency's governing body, it shall
initiate a transfer of the foster caregiver's certificate. The transfer
shall be completed within sixty days of the discovery. (E) A PCSA, PCPA or PNA may selectively recruit on the basis of
the need for foster homes for specific types of children as specified in the
agency's recruitment plan as required by rule 5101:2-5-13 of the
Administrative Code. (1) The agency shall not
consider the age, gender, sexual identity, sexual orientation, religion, or
marital status of a family for whom the agency is conducting a homestudy in
determining whether to recommend the applicant be certified as a foster
caregiver or whether to place a child with the foster caregiver. (2) The agency shall not
consider the age, gender, sexual identity, sexual orientation, or religion of a
child that may be placed with the foster caregiver in determining whether the
applicant be certified as a foster caregiver or whether to place a child with
the foster caregiver. (3) The agency shall not
discriminate in recommending an applicant for certification on the basis of
disability in violation of Section 504 of the Rehabilitation Act of 1973, 29
U.S.C. 794 (7/2014) and of Title II of the Americans with Disabilities Act of
1990, 42 U.S.C., 1201 (8/1981). (4) The agency is to
adhere to the support services and modifications for a person with a disability
as described in sections 2131.03, 2131.031, 2131.032, 2131.033 and 2131.034 of
the Revised Code. (F) The agency shall not consider the race, color or national
origin of a foster caregiver applicant to determine whether the applicant be
certified as a foster caregiver or whether to place a child with the foster
caregiver. (1) As prohibited by the
Multiethnic Placement Act, 42 U.S.C. 1996(b) (1996) (MEPA), agencies may not
deny any person the opportunity to become a foster caregiver on the basis of
race, color, or national origin of the person, or of any foster child or
children involved. (2) The agency shall not
consider the race, color or national origin of a child that may be placed with
the foster caregiver in determining whether the applicant be certified as a
foster caregiver or whether to place a child with the foster
caregiver. (3) The agency may
consider a child's race, color or national origin only in those cases it
is determined acceptable pursuant to rule 5101:2-42-18.1 of the Administrative
Code. (G) Upon request, the agency shall provide a JFS 01691
"Application for Child Placement" to any person who is eighteen years
of age, is a legal resident of the United States, resides in the state of Ohio
and meets the specifications of the agency's recruitment plan pursuant to
rule 5101:2-5-13 of the Administrative Code. The agency shall also provide,
free of charge to an inquirer, a copy of Chapters 5101:2-5 and 5101:2-7 of the
Administrative Code, or inform the inquirer how to access the rules
electronically. (1) If the person does
not reside in the state of Ohio, an application for foster care shall not be
considered until the person has established Ohio residency. (2) If a person requests
an application for child placement and an agency has reason to believe the
person is not a legal resident of the United States, the agency shall request
the person to provide a copy of the person's immigration document(s)
issued by the bureau of immigration and customs enforcement of the U.S.
department of homeland security allowing the person to reside in the United
States. If the immigration document(s) provided by the applicant shows the
person is a conditional permanent resident of the United States or is not a
permanent United States resident, the application shall not be considered for
foster care unless the applicant is being considered for placement of a
specific child and the person is "kin" to the child as defined in
rule 5101:2-1-01 of the Administrative Code. (3) For the purpose of
this rule, "legal resident of the United States" means a person who
is a native-born or naturalized citizen of the United States or a person who
presents credible evidence from the bureau of immigration and customs
enforcement of the U.S. department of homeland security that the person is a
permanent resident of the United States. (H) The agency shall use the JFS 01691 for all initial foster
home applications. (1) The agency shall not
accept an incomplete JFS 01691. An individual who submits an incomplete
application will not have an opportunity for a hearing pursuant to Chapter 119.
of the Revised Code. (2) The agency shall not
begin the homestudy assessment process prior to the receipt of a fully
completed JFS 01691 signed by the applicant(s). (3) If an adoptive
applicant decides during the homestudy process to also become a certified
foster caregiver, the homestudy documentation and training completed up to that
point may be utilized as long as the documentation or training has not expired
upon completion of the homestudy. Applicants shall not be required to duplicate
documentation as a result of a new application date. (4) Applications found to contain
inaccurate or wrong information shall be denied pursuant to rule 5101:2-5-26 of
the Administrative Code. (5) The agency shall require an
application be made in the full name of each adult member of a couple residing
in the home, a single person, or each co-parent residing in the
home. (6) The agency shall not accept more than
one application per household and shall not recommend certification of more
than one foster home per household. (I) The agency shall commence the homestudy assessment within
thirty days after the date the agency receives a fully completed JFS 01691
signed by the foster care applicants. (1) Commencement of a
homestudy means, at a minimum, scheduling an appointment to interview the
applicant or assuring the applicant is informed of the necessary materials
required for the assessor to complete the homestudy. (2) An agency failing to
commence a homestudy within thirty days after receiving the application shall
document on the JFS 01673 "Assessment for Child Placement" the
reason(s) the agency is unable to meet this requirement. (J) The agency shall complete the homestudy within one hundred
eighty days after the date the agency received the completed application. An
agency failing to complete a homestudy within one hundred eighty days shall
document on the JFS 01673 the reason(s) the agency is unable to meet this
requirement. (K) The following is required for the homestudy: (1) An assessor shall
conduct an in home, face to face interview with all members of the household
based on his or her age and development. The interview with all members of the
household may be a joint interview or separate individual
interviews. (2) The agency shall
conduct criminal records checks for all persons subject to a criminal records
check pursuant to rules 5101:2-5-09.1 and 5101:2-7-02 of the Administrative
Code. (a) The required criminal records checks must be completed and
the results received by the agency prior to the agency recommending an
applicant for certification. (b) Except as provided in paragraph (J) of rule 5101:2-7-02 of
the Administrative Code, an agency shall not recommend a person be certified as
a foster caregiver if the person or any adult member of the applicant's
household has been convicted of any crime listed in appendix A to rule
5101:2-7-02 of the Administrative Code. (3) If the agency has the
ability to complete the search in the Ohio statewide automated child welfare
information system (SACWIS), the agency shall complete an alleged perpetrator
search of abuse and neglect report history through the system for each foster
care applicant and each adult who resides with the applicant. If the agency
does not have the ability to complete the search in Ohio SACWIS, the agency
shall request a search of the system from ODJFS for each foster care applicant
and each adult who resides with the applicant. (a) A report with the results of the search shall be placed in
the foster caregiver record. (b) This report is used to determine the suitability of the
applicant to provide foster care. (4) The agency shall
request a check of the child abuse and neglect registry of any other state an
applicant or adult household member has resided in the five years immediately
prior to the date of the criminal records check as required by division (A) of
section 2151.86 of the Revised Code. (5) A physical exam and a
JFS 01653 "Medical Statement for Foster Care/Adoptive Applicant and All
Household Members" are to be completed by a licensed physician, physician
assistant, clinical nurse specialist, certified nurse practitioner, or
certified nurse-midwife within one year prior to the recommendation for
certification for the applicant. All household members are to complete a JFS
01653. (a) Any written documentation of a physical examination shall be
completed by the individual conducting the examination. (b) The form shall document the applicant and all members of the
household are free from any physical, emotional, or mental condition which
would endanger children or seriously impair the ability of the household
members to care for a foster child. (c) The agency may require an applicant or household member to
secure and provide to the agency a report of an additional examination by a
licensed physician, psychologist, or other certified or licensed professional
if any of the following apply: (i) The applicant or any
household member has suffered a serious illness or injury within the past
year. (ii) It is determined to
be necessary by the agency to ensure the safety, health, or care of any foster
child who may be placed in the home of the applicant. (6) Immunizations for
homes certified after June 1, 2020. (a) All children who are household members are to be up to date
on immunizations consistent with the recommendations of the american academy of
pediatrics, the advisory committee on immunization practices of the centers for
disease control and prevention, and the american academy of family physicians,
unless the immunization is contrary to the child's health as documented by
a licensed health care professional or for reasons of conscience, including
religious convictions. (b) All household members in a home caring for infants and
children with special medical needs are to have an annual influenza vaccine
consistent with the recommendations of the advisory committee on immunization
practices (ACIP), unless the immunization is contrary to the individual's
health as documented by a licensed health care professional or for reasons of
conscience, including religious convictions. (c) All household members in a home caring for infants are to be
up to date on the pertussis vaccine consistent with the recommendations of the
ACIP, unless the immunization is contrary to the individual's health as
documented by a licensed health care professional or for reasons of conscience,
including religious convictions. (d) Copies of the immunization records are to be placed in the
file of the home. (7) The applicant shall have an income
sufficient to meet the basic needs of the household and to make timely payment
of shelter costs, utility bills, and other debts. To show this, an applicant
shall provide at a minimum: (a) A completed JFS 01681 "Applicant Financial
Statement". (b) Proof of income for the household for the most recent tax
year prior to the date of application. (c) Proof of income for the household for a two month period. The
verification of income shall not be dated more than six months prior to the
agency's recommendation for certification. (d) At least one utility bill for each utility necessary to
maintain the household. The bill or bills should not be dated more than six
months prior to the agency's recommendation for
certification. (8) Prior to recommending initial
certification of a foster home, an agency shall require and assure each
applicant successfully completes all preplacement training required by rule
5101:2-5-33 of the Administrative Code. (a) Only the preplacement training completed within the eighteen
month period immediately prior to the date the agency recommends the foster
home for certification will meet the training requirement. (b) Each foster home recommended for certification shall receive
preplacement training on the Administrative Code rules and the agency's
policies and procedures that are in effect on the date the agency recommends
the home for certification. (9) References shall be received by the
agency prior to the date the agency recommends the home for
certification. (a) The applicant shall provide the names and contact information
of at least three people who do not reside with the applicant, so that they may
be contacted as references. A minimum of three personal references shall be
received prior to the date the agency recommends the home for certification. A
minimum of one of the required references is to be from a relative and at least
two references from non-relatives. (b) The applicant and all adult household members shall provide
the name of any agency the applicant and any household member has applied to or
had a homestudy approved for foster care or adoption, or any organization they
have worked with in providing care and supervision of children. The applicant
and any adult household members shall complete a written and signed release of
information statement so any such reference may be contacted. (c) The agency shall contact all adult children of the applicant
for a reference. If the adult children are unable or unwilling to provide a
reference this shall be assessed during the homestudy process and documented on
the homestudy. (d) All contacts with references listed in this rule are required
and shall be documented in the narrative section of the homestudy. (10) The JFS 01200 "Fire Inspection
Report for Residential Facilities Certified by ODJFS" or other form used
for a local or state fire inspection certifying the home is free from
conditions hazardous to the safety of children. The report shall not be dated
more than twelve months prior to the date the agency recommends the home for
certification. (11) The JFS 01348 "Safety
Audit" completed not more than six months prior to the date the agency
recommends the home for certification, documenting the residence satisfactorily
meets all safety standards. (12) A foster home shall have a continuous
supply of safe drinking water. Well water used for drinking and cooking shall
be tested and approved by the health department prior to the date the agency
recommends the home for certification and annually thereafter. (13) Prior to the end of the assessment
process, applicants shall complete and sign the JFS 01673-A "Child
Characteristics Checklist for Foster Care and/or Adoption" indicating the
acceptable characteristics and type of child the applicant is willing to
foster. (a) The determination of the specific number, age, and gender of
children the foster home is certified for is the joint decision of the
caregiver(s) and the assessor, based on the caregiver's strengths and
needs, and the physical structure of the residence. (b) All placements in a foster home shall be in compliance with
this determination and with the provisions of rule 5101:2-5-32 of the
Administrative Code. (c) Upon the request from an applicant or caregiver, the JFS
1673-A may be updated as often as needed. (L) The agency shall document in each record that the applicant
has been evaluated by an assessor to determine the applicant's compliance
with all homestudy requirements and the suitability of the applicant to be
certified as a foster caregiver considering all household members and the
availability of appropriate accommodations for any foster child that may be
placed in the home. (1) In completing the evaluation, a
written narrative shall be compiled, signed by the assessor, and approved by
the supervisor, indicating approval or denial of the application. (2) The evaluation shall be a completed
JFS 01673. (M) In addition to the requirements of the JFS 01673, the agency
may establish a written policy that applies to all applicants, requiring
submission of additional materials or documents, or participation in additional
assessment activities. The agency shall not recommend an applicant for
certification to ODJFS prior to the completion of those requirements, in
addition to all requirements of Chapters 5101:2-5 and 5101:2-7 of the
Administrative Code that are applicable to initial certification of the foster
home. (N) The agency shall not place a child or cause a child to be
placed in a foster home until: (1) The foster caregiver
completes the preplacement training required by rule 5101:2-5-33 of the
Administrative Code for the type of foster home certification the caregiver is
seeking. (2) The assessment of the foster home,
including the JFS 01673 and all supporting documentation, is completed by an
assessor who recommends certification of the applicant for foster
care. (3) The homestudy has been approved by
ODJFS through the Ohio SACWIS system. (4) The effective date of a foster home
certificate issued by ODJFS.
Last updated September 24, 2024 at 9:12 AM
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Rule 5101:2-5-22 | Recommendations for initial foster home certification.
Effective:
February 1, 2021
(A) An agency shall not recommend for
certification any applicant whose residence is licensed, regulated, approved,
or operated under the direction of, or otherwise certified as a facility to
provide overnight substitute care for unrelated persons, by: (1) The department of
youth services. (2) The department of mental health and
addiction services. (3) A community alcohol, drug addiction
and mental health board. (4) The department of developmental
disabilities. (5) A county board of developmental
disabilities. (6) The department of
health. (7) A juvenile court. (B) Each initial application for
certification of a foster home shall be approved through an assessor's
evaluation of the residence, prospective foster caregiver, and household
members. (C) To submit a recommendation for
certification of a foster home an agency is to enter the information into the
statewide automated child welfare information system (SACWIS). (D) Upon receipt of a recommendation for
certification, ODJFS will determine the effective and expiration dates of the
certificate. (E) The effective date of an initial
foster home certificate shall be no earlier than the date the recommendation is
routed to ODJFS in SACWIS.
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Rule 5101:2-5-24 | Foster home recertifications.
(A) All currently certified foster homes
shall be recertified every two years from the beginning date of the current
certificate. If a homestudy is simultaneously approved for adoption and
certified for foster care by the same agency, the spans shall be the same for
both programs from the date of the foster home certification. (1) If an approved
adoptive home is subsequently certified for foster care by the same agency that
approved the home for adoption, the adoptive homestudy shall be updated at the
same time the home is initially certified for foster care so that the spans
will coincide. (2) If a certified foster
home is subsequently approved for adoption by the same agency that certified
the home for foster care, the next adoption update shall be completed when the
current foster care certificate is recertified so that the spans will
coincide. (B) The public children services agency
(PCSA), private child placing agency (PCPA), or private noncustodial agency
(PNA) shall ensure that employees or persons under contract with the agency to
complete foster home recertifications comply with the following
requirements: (1) The assessor
definition in rule 5101:2-1-01 of the Administrative Code. (2) Rule 5101:2-48-06 of
the Administrative Code. (3) Section 3107.014 of
the Revised Code. (C) The recommending agency shall notify
the foster caregiver of the date of expiration of the foster home certificate
not less than ninety or more than one hundred fifty days prior to the
expiration date. The notification shall: (1) Identify any
information or documentation that is required for the
recertification. (2) Be completed on the
JFS 01331, "Notice of Expiration and Reapplication for a Foster Home
Certificate or Adoption Homestudy Approval". (D) Following agency notification to the
foster caregiver as required by paragraph (C) of this rule, if the caregiver
fails to either reapply or voluntarily terminate prior to the expiration date
of the certificate, the foster home certificate shall expire. If the family
wishes to become certified after the expiration date, they shall reapply for
initial certification pursuant to rule 5101:2-5-20 of the Administrative
Code. (1) If a foster home
certificate expires because a caregiver has failed to reapply there are no
rights to appeal pursuant to Chapter 119. of the Revised Code. (2) Following the
expiration of a foster home certificate: (a) If the agency has access to the statewide automated child
welfare information system (SACWIS), the agency shall enter the appropriate
data into the system to recommend closure of the home. (b) If the agency does not have access to SACWIS, the agency
shall submit a JFS 01317 "Recommendation for Certification/Recertification
of a Foster Home" to the Ohio department of job and family services
(ODJFS) to recommend closure of the home. (E) If a foster caregiver(s) has
re-applied for a foster home certificate at least thirty days prior to the
expiration of a current certificate, an assessor shall complete a JFS 01385,
"Assessment for Child Placement Update", ensure that the foster
caregiver(s) remains in compliance with the requirements set forth in Chapters
5101:2-5 and 5101:2-7 of the Administrative Code, and determine the continued
suitability of the caregiver to serve as a foster caregiver. The agency is to
compile and review the following documents, in addition to completing the JFS
01385: (1) The most recent JFS
01653 "Medical Statement for Foster Care/Adoptive Applicant and All
Household Members" completed for the applicant and all household members.
The agency may require a new JFS 01653 if the agency deems it
necessary. (2) The agency may
require a report of a physical, psychiatric or psychological examination or
treatment of the caregiver or other household member in order to ensure the
safety, health or care of a foster child. The examination shall be conducted by
a licensed physician, psychologist, or other certified or licensed
professional. (3) Homes certified prior
to June 1, 2020 do not have to comply with immunization
requirements. (4) Immunizations for homes certified on
or after June 1, 2020. (a) All household members in a home caring for infants and
children with special medical needs are to have an annual influenza vaccine
consistent with the recommendations of the advisory committee on immunization
practices (ACIP), unless the immunization is contrary to the individual's
health as documented by a licensed health care professional or for reasons of
conscience, including religious convictions. (b) All household members in a home caring for infants are
to be up to date on the pertussis vaccine unless the immunization is contrary
to the individual's health as documented by a licensed health care
professional or for reasons of conscience, including religious
convictions. (c) Copies of the immunization records are to be placed in
the file of the home. (5) The most recent fire inspection by a
state certified fire safety inspector or the state fire marshal's office
using the JFS 01200 "Fire Inspection Report for Residential Facilities
Certified by ODJFS" or other form used for a local or state fire
inspection. The agency may require a new fire inspection prior to recommending
the home for recertification if the agency deems it necessary to ensure the
home is free from conditions which may be hazardous to the safety of a foster
child. (6) The most recent JFS 01681
"Applicant Financial Statement.". The agency may require a new JFS
01681 if there have been any substantial changes to the foster family's
financial situation. (7) The most recent annual well water
test approved by the health department, if applicable. (8) If the agency has the ability to
complete the search in SACWIS, the agency shall complete an alleged perpetrator
search of abuse and neglect report history through the system for each foster
caregiver and adult household member. If the agency does not have the ability
to complete the search in SACWIS, the agency shall request and obtain a search
of the system from ODJFS for each foster caregiver and each adult household
member. (a) A report with the results of the search shall be placed in
the foster home record. (b) This report is to be used to determine the continued
suitability of the foster family. (9) The agency shall conduct a safety
audit utilizing the JFS 01348 "Safety Audit" completed within six
months prior to recommending a foster home for recertification, documenting
that the residence continues to meet all safety standards. Any deficiencies
noted on the JFS 01348 shall result in the completion of a rule violation
report and a corrective action plan in accordance with paragraph (E) of rule
5101:2-5-28 of the Administrative Code. (10) The most recent criminal records
checks for all foster caregivers and adult household members. Once a foster
caregiver is certified, a new criminal records check shall be conducted,
pursuant to rule 5101:2-5-09.1 of the Administrative Code, for the foster
caregiver(s) and each adult household member every four years prior to
recommending a foster home for recertification. If an existing resident of the
home, including youth placed in the home, turned eighteen years of age during
the current certification span, the agency shall have criminal records checks
completed at the time of the next recertification and every four years
thereafter at the time of recertification. (11) Documentation that the foster
caregiver(s) has completed the required ongoing training pursuant to rule
5101:2-5-33 of the Administrative Code. If the foster caregiver has not
completed the required continuing training, the agency may recommend
recertification if the situation meets the specifications of the agency's
good cause policy pursuant to rule 5101:2-5-13 of the Administrative
Code. (F) An assessor's recertification of
a foster home shall include at least one home visit and one interview with each
member of the household (except foster children) based on his or her age and
development currently residing in the home. This may be a joint interview or
individual interviews. (G) If an agency receives a completed JFS
01331 at least thirty days prior to the expiration date of a foster home
certificate, an agency shall follow the requirements listed in this rule to
complete the assessment for recertification. (1) At the completion of
the assessment and prior to the expiration of the foster home certificate, an
agency is to enter the required data into SACWIS documenting one of the
following: (a) Recertification. (b) Denial of recertification. (c) Closure, based on receipt of a voluntary
withdrawal. (2) The effective date of
a foster home certificate shall be the first day following the expiration of
the previous certificate. For only those certifications in which paragraph (I)
of this rule apply, the effective date shall be the date that ODJFS receives
the recommendation for certification from the agency, which shall be no more
than thirty days past the expiration date of the current
certificate. (H) If an agency receives a completed JFS
01331 less than thirty days prior to the expiration date of a foster home
certificate, the agency may complete the requirements listed in this rule if
they have sufficient time and resources to complete the assessment and submit
the requirements listed in paragraph (G) of this rule prior to the expiration
of the foster home certificate. (1) If the agency is
unable to complete the recertification prior to the expiration, the foster care
certificate will expire on the date of expiration. (2) If the foster care
certification expires, the agency shall, within ten days after the expiration
date of the certification: (a) Provide written notification to the caregiver of the
following: (i) That the foster care
certification has expired. (ii) That if the family
would like to obtain foster care certification, the family must reapply for
initial certification pursuant to rule 5101:2-5-20 of the Administrative
Code. (b) An agency shall enter the required data into SACWIS to close
the provider because the foster care certification has expired. (I) The determination of the specific number, age, and
gender of children the foster home is certified for is the joint decision of
the caregiver(s) and the assessor, based on the caregiver's strengths and
needs, and the physical structure of the residence. (1) All placements in a
foster home shall be in compliance with this determination and with the
provisions of rule 5101:2-5-32 of the Administrative Code. (2) Upon the request from
a foster caregiver, the JFS 1673-A "Child Characteristics Checklist"
may be updated as often as needed.
Last updated September 24, 2024 at 9:12 AM
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Rule 5101:2-5-25 | Changing the certification of a foster caregiver from one type of foster home to another.
Effective:
February 1, 2021
(A) No child placed in a family foster
home on or before March 31, 2005 shall be moved to another placement solely
because of the failure of the foster caregiver to meet the requirements for
treatment or medically fragile foster homes found in this chapter or in Chapter
5101:2-7 of the Administrative Code. (B) An agency shall recommend a foster caregiver be certified to
operate only one type of foster home at a time. A foster home may accept a
foster child that is assessed as needing care at or below the level of care for
which the home is certified. (C) Whenever a foster caregiver who is certified to operate a
foster home wishes to seek to change the foster home's certification to
another type of certification, the foster caregiver shall submit a written
request to the recommending agency. (D) If a foster caregiver seeks to change the foster home's
certification to a treatment foster home or a medically fragile foster home,
the agency shall determine if the foster caregiver meets the qualifying
experience requirements contained in paragraph (A) of rule 5101:2-7-16 or
5101:2-7-17 of the Administrative Code. (1) If the foster
caregiver meets those requirements, the agency shall proceed as in paragraph
(E) of this rule. (2) If the foster
caregiver does not meet those requirements, the agency shall not proceed with
the foster caregiver's request. (3) Failure of a foster
caregiver to prove to the recommending agency's satisfaction that the
foster caregiver meets the qualifying experience requirements of paragraph (A)
of rule 5101:2-7-16 or 5101:2-7-17 of the Administrative Code does not
constitute denial of certification and is not subject to appeal pursuant to
Chapter 119. of the Revised Code. (E) Changing from one type of foster home to
another. (1) The agency shall
ensure that all the preplacement training requirements of a foster caregiver
contained in rule 5101:2-5-33 of the Administrative Code have been completed
prior to recommending the home to the Ohio department of job and family
services (ODJFS) for another type of certification. (2) Training that may be considered as
meeting either a requirement for preplacement training for a specialized foster
caregiver or a requirement for continuing training for a family foster
caregiver, may be counted as meeting either requirement, even though the
caregiver may be certified to operate only one type of foster home at a
time. (3) At the discretion of the recommending
agency, for a currently certified foster caregiver who is seeking to change the
type of foster home for which the caregiver is certified, preplacement or
continuing training courses successfully completed within the most recent three
year period from the date of the caregiver's written request to the agency
to be certified as a different type of foster home, may be counted towards
meeting the preplacement requirements for the new type of foster
home. (4) When the change in type of foster
home certification takes place during a foster caregiver's certification
period, if the foster home's certification designation is changing from a
certification designation that has more stringent requirements to a
certification designation that has less stringent requirements, the new
certification period for the foster home shall be until the end of the
caregiver's current certification period. (5) If the foster home's
certification designation is recommended to change from a certification
category that has less stringent requirements to a certification category that
has more stringent requirements, the new certification period will be for two
years, effective from the date ODJFS receives the recommendation for the change
of a certification category in the statewide automated child welfare database
(SACWIS). (6) When the agency recommends that a
foster caregiver's certification be changed to another type of foster
home, the recommendation shall be submitted as a change to ODJFS in SACWIS. The
ODJFS SACWIS resource identification number shall remain the same as the
previous identification number.
Last updated September 24, 2024 at 9:12 AM
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Rule 5101:2-5-26 | Procedures for revocation, denial of initial certification or denial of recertification of a foster home certificate.
(A) At the time of an agency decision to
recommend denial of initial certification, denial of recertification or
revocation of a foster home certificate, the agency may contact the Ohio
department of job and family services (ODJFS) children services licensing
enforcement coordinator for consultation regarding required evidence,
procedures and advice prior to notifying the applicant or foster caregiver of
the agency's intent. (B) If the agency decides to recommend
denial of initial certification, denial of recertification or revocation, it
shall provide written notification on the JFS 01315 "Notification of
Denial of Initial Certification, Recertification or Revocation of the Foster
Home Certificate" by certified mail, return receipt requested, to the
applicant or foster caregiver. This notice includes the following: (1) The reason for the
decision to recommend denial of initial certification, denial of
recertification or revocation. (2) The specific law or
rule(s) with which the applicant or foster caregiver allegedly is not in
compliance and a copy of each specific law or rule referenced. (3) The method of and
time limits for requesting a local agency grievance meeting. (4) That the final
decision to deny the initial certification or recertification or to revoke
certification will be made by ODJFS at which time the applicant or caregiver
shall be afforded the opportunity to request a hearing pursuant to Chapter 119.
of the Revised Code. (C) Following the completion of the requirements of
paragraph (B) of this rule, the agency shall notify ODJFS of its recommendation
to deny initial certification, deny recertification or revoke the certificate
through the Ohio statewide automated child welfare information system (SACWIS)
and shall submit documentation of: (1) A summary of the
grievance meeting, if one was held. (2) Identification of
rules with which the applicant or foster caregiver is allegedly not in
compliance. (3) Specific
documentation and evidence supporting the recommendation. (4) A copy of the JFS
01315 and the certified mail return receipt sent to the applicant or foster
caregiver. (D) Upon receipt of the notification of the recommendation
submitted in paragraph (C) of this rule, ODJFS shall evaluate the evidence and
documentation submitted by the agency and take one of the following
actions: (1) Return the
recommendation and evidence to the agency due to insufficient or inappropriate
evidence and documentation with a written explanation of the
deficiency. (2) Reject the agency
recommendation in writing specifying the reasons for rejection. (3) Proceed with the
denial or revocation process. (E) At the time ODJFS proceeds with an agency
recommendation to deny or revoke a foster home certificate ODJFS shall notify
the applicant or foster caregiver pursuant to Chapter 5101:6-50 of the
Administrative Code. A copy of the notice shall be sent to the recommending
agency which shall immediately notify any other agency which may have a foster
child placed in the foster home. (F) The decision to proceed or not proceed with a
recommendation for denial or revocation rests solely with ODJFS in its exercise
of discretion. (G) Any action by ODJFS to deny or revoke a foster home
certificate shall be subject to the requirements of Chapter 119. of the Revised
Code and Chapter 5101:6-50 of the Administrative Code. (H) If a foster home application or certificate has been
denied or revoked pursuant to Chapter 119. of the Revised Code, the applicant
or person to whom the certificate was issued shall not be eligible for any
ODJFS children services license or certification for five years from the date
of denial or revocation or the exhaustion of all appeals, whichever is
later.
Last updated September 24, 2024 at 9:12 AM
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Rule 5101:2-5-27 | Agency procedure for the termination of a foster home certificate.
(A) If a foster caregiver notifies the
recommending agency of the voluntary termination of the foster home
certificate, the recommending agency shall, within two working days of receipt
of the notice, notify any other agency which has a foster child placed within
the home. (B) When the recommending agency receives a voluntary
termination notice from a foster caregiver, the agency shall submit the
information in SACWIS and forward the information to ODJFS for
approval.
Last updated April 15, 2024 at 1:39 PM
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Rule 5101:2-5-28 | Agency cause for denial of initial certification, denial of recertification or revocation of a foster home certificate.
Effective:
January 1, 2023
(A) If the recommending agency has
knowledge of rule noncompliance or receives an allegation of a rule violation
of Chapter 5101:2-7 of the Administrative Code for a currently certified foster
home, the agency shall comply with all of the following: (1) Begin an
investigation of all allegations of rule noncompliance of Chapter 5101:2-7 of
the Administrative Code within three calendar days of receipt of an allegation
of a rule violation. At a minimum, an investigation begins with the
implementation of paragraph (C) of this rule or documenting the contact of the
agency by any third party or law enforcement agency investigating the
allegations to determine if the recommending agency can proceed with the rule
noncompliance investigation. (2) Complete the
investigation within thirty calendar days of beginning the investigation unless
the investigation of rules violation conflicts with any other third party or
law enforcement investigation. (3) Document and maintain
the following results in the foster caregiver record: (a) Investigations conducted pursuant to this
paragraph. (b) If noncompliance is found, the development and implementation
of corrective action plans as required by the agency or the recommendation to
deny recertification or revoke the certification of the foster
home. (c) If noncompliance is not found, a statement documenting and
explaining the reasoning that non-compliance was not found. (B) Any one or any combination of the following circumstances may
be considered valid cause for denial of initial foster home certification,
denial of recertification, or revocation of a foster home certificate either
upon the recommendation of a recommending agency or through unilateral action
by the Ohio department of job and family services (ODJFS): (1) A foster caregiver or
applicant fails or refuses to comply with any requirement of Chapter 5101:2-5
or 5101:2-7 of the Administrative Code. (2) A foster caregiver or
applicant knowingly furnishes false or misleading statements or reports to the
agency. (3) A foster caregiver or
applicant knowingly falsifies, refuses or fails to submit any report required
by Chapter 5101:2-7 of the Administrative Code. (4) A foster caregiver or
applicant refuses or fails to make available any record required by or
necessary to the administration of Chapter 5101:2-7 of the Administrative
Code. (5) A foster caregiver or
applicant refuses to admit into the residence any person performing duties
required by Chapter 5101:2-5, 5101:2-7 or 5101:2-36 of the Administrative Code
or any laws of the state or any subdivision therein. (6) A foster caregiver or
applicant fails or refuses to comply with agency instructions regarding care of
a foster child an agency has placed within the home. (7) A foster caregiver or
applicant interferes or acts in conflict with an agency plan for a foster
child's care. (8) Any resident of a
foster caregiver or applicant's home, other than the foster children who
are placed there, is found guilty of any crime perpetrated against a
child. (9) A foster caregiver or
applicant, any adult resident of a foster home, or any minor resident of a
foster home at least twelve years of age, but less than eighteen years of age
other than a foster child who is placed there, residing with the foster
caregiver has been convicted of, pleaded guilty to, or been adjudicated
delinquent for commission of any offense listed in appendix A to rule
5101:2-7-02 of the Administrative Code. (10) A foster caregiver,
applicant or any other resident of a foster home who is a person subject to a
criminal records check refuses to obtain a criminal records check. (11) A recommending
agency can document, in their assessment, that a foster caregiver, applicant or
a foster home should not care for a foster child. (12) Any act of omission
or commission by a foster caregiver, applicant or other member of the household
which results in the death, injury, illness, abuse, neglect or exploitation of
a child. (13) Any applicable
reason pursuant to section 5103.0319 or 5103.0326 of the Revised
Code. (C) When the recommending agency has knowledge that one or more
of the circumstances listed in paragraph (B) of this rule apply to a resident
of a foster caregiver's or prospective foster caregiver's home, the
agency shall do all of the following: (1) Review the foster
home certificate or the application, if applicable, and if appropriate,
recommend that ODJFS revoke the certificate, deny the recertification of the
certificate or deny the application. (2) Review the
appropriateness of the placement in the foster home of any child of whom the
agency has temporary, legal, or permanent custody. After review, the agency
may, consistent with any court order, remove the child from the foster home in
which the child is residing and place the child in another certified foster
home or other appropriate placement. (3) If the agency does
not have temporary, legal, or permanent custody of a foster child residing in
the foster home, the recommending agency shall notify the entity that has
custody of the child that it has received a notice subject to paragraph (R) of
rule 5101:2-7-02 or paragraph (G) of rule 5101:2-7-14 of the Administrative
Code. (4) Assess the foster
caregiver's need for training because of the conviction, plea of guilty,
or adjudication described in paragraph (B) of this rule and provide any
necessary training unless the agency action is to recommend revocation of the
certificate. (D) If a recommending agency learns that a foster caregiver has
failed to comply with the provisions of paragraph (R) of rule 5101:2-7-02 or
paragraph (G) of rule 5101:2-7-14 of the Administrative Code, it shall
immediately notify the entity that has custody if applicable, and
ODJFS. (E) If an agency determines that any of the conditions listed in
paragraph (B) of this rule presents or creates a threat to the life, health, or
safety of a foster child, it shall immediately remove the foster child from the
foster home and notify the custody-holding agency or individual within one
hour. An agency determination of threat to a foster child's safety shall
be considered sufficient basis for any such action, and shall not require any
additional justification.
Last updated September 24, 2024 at 9:12 AM
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Rule 5101:2-5-29 | Agency requirements for foster home records.
(A) An agency shall create a separate
record for each foster home. (B) All documentation required by
Chapters 5101:2-5 and 5101:2-7 of the Administrative Code shall be contained in
the individual foster home record pursuant to paragraph (A) of this
rule. (C) An agency shall maintain in each
foster home record a log of all children placed in the foster home. The log
shall contain, at a minimum: (1) The name of the
foster child. (2) The child's date
of birth. (3) The date of placement
in the foster home. (4) The date of
discharge/removal from the foster home and reason. (5) The new location of
the child. (6) If the foster home
is a specialized foster home, the use of any planned or crisis respite care for
children placed in the home shall be documented in the log. (a) At a minimum, the documentation shall show the starting and
ending dates of any respite care services received by the child and where the
respite care was provided. (b) If the approved respite care provider is a certified foster
caregiver, the name of the child and the starting and ending dates of any
respite care services provided by the foster caregiver shall also be documented
in the log for the foster home providing the respite care. (D) All closed foster home records shall
be maintained by the agency for a period of five years following the date of
closing of the home. (E) An agency shall maintain any
requirement of this rule in SACWIS if the system has the ability to record the
required information.
Last updated April 15, 2024 at 1:40 PM
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Rule 5101:2-5-30 | Foster care amendments.
Effective:
February 1, 2021
(A) An assessor that meets the
requirements of paragraph (B) of rule 5101:2-5-20 of the Administrative Code is
to perform the duties of this rule. (B) If the agency is notified of any of
the following changes for the foster caregiver, the agency shall amend the
homestudy: (1) A change in the
marital status of the foster caregiver(s). (2) The death of a foster
caregiver or household member. (3) A change in household
members, not including foster children. (4) A change of address
for the foster family that is different than the address listed on the foster
home certificate. (C) An amendment is a narrative of the assessor's
evaluation of the change that has occurred in the foster home. The agency shall
document the date of notification in the amendment. (1) The amendment shall
be completed within thirty days of the date of the change, or within thirty
days of the date the agency became aware a change occurred if notification did
not occur pursuant to rule 5101:2-7-14 of the Administrative Code. (2) If the change is to
add a foster caregiver to the certificate, the amendment shall not be completed
until the preplacement training has been completed pursuant to rule 5101:2-5-33
of the Administrative Code. (3) In completing the
amendment, the agency shall, if necessary, redetermine the specific number,
age, and gender of children the family is approved to foster. The amendment
shall address sleeping arrangements, beds and bedrooms, and shall evaluate
whether the foster family remains in compliance with all applicable
requirements. (4) The amendment shall
be completed in the statewide automated child welfare information system
(SACWIS). (D) If the amendment is due to a new household member, the
agency shall ensure the following: (1) New household members
residing with the foster caregiver shall have a JFS 01653 "Medical
Statement for Foster Care/Adoptive Applicant and All Household Members"
completed documenting they are free from any physical, emotional or mental
condition which would endanger children or seriously impair the ability of the
household member to care for the child placed in the home. (a) If the new occupant is an adopted child who immediately
prior to the adoption resided in the home as a foster child, a JFS 01653 is not
required. (b) The JFS 01653 shall be dated within ninety days of the
date the person becomes a household member. (c) If the agency was not notified of the new household
member in accordance with rule 5101:2-7-14 of the Administrative Code, the JFS
01653 shall be dated within ninety days of the date the agency became aware of
the new household member. (2) New adult household
members residing with the foster caregiver shall have a search of the national
sex offender registry at https://www.nsopw.gov (2019), a bureau of criminal
investigation (BCI) and federal bureau of investigation (FBI) records check, as
outlined in rule 5101:2-5-09.1 of the Administrative Code. (a) The criminal records checks shall be conducted within
ten working days of the date the person becomes a household
member. (b) If the agency was not notified of the new household
member in accordance with rule 5101:2-7-14 of the Administrative Code, the
criminal records checks shall be conducted within ten working days of the date
the agency became aware of the new household member. (3) New adult household
members shall provide the name of any agency they have applied to or had a
homestudy approved for foster care or adoption, or any organization they have
worked with in providing care and supervision of children. The new adult
household member shall complete a written and signed release of information so
that any such reference may be contacted. (4) If the agency has the
ability to complete the search in SACWIS, the agency shall complete an alleged
perpretrator search of abuse and neglect report history through the system for
the new adult household member within ten working days of the date the person
becomes a household member. If the agency does not have the ability to complete
the search in SACWIS, the agency shall request a search of the system from
ODJFS for the new adult household member within ten working days of the date
the person became a household member. If the agency was not notified of the new
household member pursuant to rule 5101:2-7-14 of the Administrative Code, then
the agency shall complete these requirements within ten working days of the
date the agency became aware of the new household member. (a) A report with the results of the search shall be placed
in the foster caregiver record. (b) This report is used to determine the continued
suitability of the foster family. (5) Pursuant to division
(A)(2) of section 5103.18 of the Revised Code, an agency shall request a check
of the child abuse and neglect registry of any other state the new adult
household member has resided in for the five years immediately prior to the
date of the criminal records check as required by division (A) of section
2151.86 of the Revised Code. (6) If the new household
member is the co-parent or spouse of the foster caregiver and shall therefore
be added to the certificate, the agency shall ensure the following is completed
in addition to the requirements listed in paragraph (D) of this
rule: (a) The agency shall contact all adult children of the new
co-parent or spouse for a reference. If the adult children are unable or
unwilling to provide a reference this shall be assessed during the amendment
process and documented in the amendment. (b) If the person has not previously completed the
preservice training, the agency shall ensure the co-parent or spouse completes
the preplacement training required pursuant to rule 5101:2-5-33 of the
Administrative Code no later than one hundred eighty days after becoming a
household member. The co-parent or spouse shall not be added to the foster care
certificate until the training has been completed. (c) Once the co-parent or spouse is added to the
certificate, the required continuing training hours shall be prorated from the
date the co-parent or spouse is added to the foster care certificate through
the expiration of the current certification span. (7) New household members
are to comply with the immunization requirements as described in rule
5101:2-7-02 of the Administrative Code. If the home was certified prior to June
15, 2020, the home does not have to comply with this requirement. (E) If the amendment is due to a change of address of the
foster home, the agency shall ensure the following: (1) The agency shall
conduct a safety audit documenting the new residence satisfactorily meets all
safety standards. (a) The safety audit shall be completed on the JFS 01348
"Safety Audit." (b) The safety audit shall be conducted within ten working
days after the change of address. (c) If the agency was not notified of the change of address
pursuant to rule 5101:2-7-14 of the Administrative Code, the agency shall
conduct the safety audit within ten working days of the date they became aware
of the change of address. (2) The agency shall
require the foster caregiver to obtain a fire safety inspection certifying the
new residence is free from conditions hazardous to the safety of a foster
child. (a) The fire safety inspection shall be completed on the
JFS 01200 "Fire Inspection Report For Residential Facilities Certified by
ODJFS" or other form used for a local or state fire
inspection. (b) The fire safety inspection shall be requested prior to
or within thirty days of the date of the change of address. If the agency was
not notified of the change of address pursuant to rule 5101:2-7-14 of the
Administrative Code, then the fire safety inspection shall be requested within
thirty days of the date the agency became aware of the change of
address. (c) The fire safety inspection shall be conducted prior to
or within ninety days of the date of the change of address. If the agency was
not notified of the change of address pursuant to rule 5101:2-7-14 of the
Administrative Code, then the fire safety inspection shall be conducted within
ninety days of the date the agency became aware of the change of
address.
Last updated September 24, 2024 at 8:50 AM
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Rule 5101:2-5-31 | Sharing or transferring a foster home.
Effective:
February 1, 2021
(A) Prior to an agency sharing use of a
foster home that has been recommended for certification by another agency, the
agency wishing to use the home shall obtain a written agreement signed by the
recommending agency stating how the home is to be used and that all parties
affected by the agreement approve of it. The recommending agency shall provide
a copy of the agreement to the foster caregiver(s) and all agencies currently
using the home. (B) An agency shall not solicit
homestudies or transfers from other agencies for the purpose of locating a
family of a specific race, color or national origin. (C) Pursuant to the transfer conditions
listed throughout this rule, a foster home shall only be considered for a
transfer to another agency that recommends foster homes of the type that the
caregiver is qualified to provide. If a transfer is approved for a foster
caregiver certified to operate a specialized foster home to an agency that does
not operate a specialized foster home program, the caregiver shall agree that
upon execution of the transfer, the foster home designation will be identified
as a family foster home. (D) An agency shall consider a transfer request of a foster
home from another agency only if the foster caregiver has been certified with
the recommending agency for a minimum of one year. A foster caregiver shall not
transfer more than once during a certification period. Exceptions to these
limitations may be made in the following circumstances: (1) If a foster caregiver
has relocated to a county not served by the foster caregiver's
recommending agency. (2) If the foster
caregiver's recommending agency ceases to recommend foster homes for
certification to the Ohio department of job and family services (ODJFS) or
ceases to recommend the type of foster home that the caregiver is currently
certified to provide. (3) If both the sending
and receiving agency agree to the transfer of the foster home. (E) Upon receipt of a written request from a foster
caregiver who meets the requirements of paragraph (D) of this rule and who
expresses a desire to transfer from their current recommending agency, a
receiving agency shall make a determination whether to further consider the
transfer request. (1) If the receiving
agency decides to continue the review of the transfer, the receiving agency
shall notify the foster caregiver's current recommending agency in writing
to inform them of the transfer request and to request a complete copy of the
caregiver's foster home record, with the exception of references and
criminal background checks. (2) The receiving agency
shall only accept documentation located in the foster home record from the
recommending agency. The records shall not be accepted directly from the foster
caregiver or other individual. A caregiver may provide other information to the
receiving agency that the caregiver considers to be relevant. (F) Upon receipt of the transfer request from the receiving
agency: (1) If the recommending
agency has previously made a decision not to place any additional children in
the foster caregiver's home, it shall inform the receiving agency of this
decision and the reason why this decision was made. If the receiving agency
still wishes to proceed with exploring the transfer request, it shall notify
the recommending agency in writing. (2) The recommending
agency shall ensure that a signed release of information has been obtained from
the foster caregiver authorizing release of the record. The release may be
initiated by either agency or the foster caregiver. (3) The recommending
agency may charge the receiving agency a reasonable fee for copying or scanning
the records, not to exceed twenty-five cents per page. No additional fee shall
be charged to any party. If a fee is charged to copy or scan the records, the
records shall not be sent until the fee is paid. (4) While the transfer
request is pending, the recommending agency shall continue to work with the
foster caregiver as it does with all other foster caregivers associated with
the agency. The recommending agency shall continue to provide the caregiver
with notification of training events needed pursuant to the foster
caregiver's needs assessment and continuing training plan. The
recommending agency shall allow the foster caregiver to attend any such events
and shall continue to meet with the caregiver regarding the care of any child
placed in the home. (G) Within fifteen working days of receipt of the signed
release of information and any applicable fee, the recommending agency shall
forward a complete copy of the foster home record, with the exception of
references and criminal background checks. The record shall be sent
electronically, by certified mail, return receipt requested, or hand delivered
by agency staff. If records are hand delivered, the recommending agency shall
be provided with a receipt showing the date the records were delivered to the
receiving agency. The receiving agency shall also document the date the record
was received. The record shall include the following: (1) The most recent
initial homestudy and all homestudy recertifications. (2) The most recent
report of the alleged perpetrator search of child abuse and neglect information
from the statewide automated child welfare information system
(SACWIS). (3) Training
records. (4) Fire inspection
reports. (5) Safety
audits. (6) Medical
reports. (7) Foster home exit
interviews. (8) Complaint or rule
noncompliance investigations and any applicable corrective action plans. If
there are any outstanding investigations or corrective action plans that have
not been fully completed or implemented, the recommending agency shall notify
the receiving agency of the nature of those investigations and corrective
action plans. (H) Upon receipt of the foster caregiver's records,
the receiving agency shall assign an assessor to review the information
received and conduct an assessment of the transfer request. (1) In addition to
reviewing the recommending agency's records and any information provided
by the caregiver, the assessor shall: (a) Contact staff from the current recommending agency and
the caregiver to determine the reasons why the request to transfer is being
made at this time. (b) Determine if there are foster children in the home,
and, if so, identify the agency with custody of the child(ren). (c) Make at least one visit to the foster home and conduct
a face-to-face interview with each foster caregiver and all other household
members over the age of four. (d) Receive three new personal references for the foster
caregiver(s) from persons who are unrelated to the caregiver(s) and do not live
in the foster home. (e) Receive new references from all adult children of the
caregiver(s). If the adult children are unable or unwilling to provide a
reference this shall be assessed during the transfer process and documented in
the caregiver record. (f) Conduct a new criminal records check for all persons
subject to a criminal records check residing in the foster home. Results shall
be obtained, reviewed and approved prior to accepting the transfer
request. (g) Complete a new safety audit of the foster home on the
JFS 01348 "Safety Audit" to ensure the home meets all current safety
requirements for foster homes. (2) If the record
indicates that there are outstanding investigations or corrective action plans
that have not been fully implemented, the assessor shall not recommend
acceptance of the transfer unless the assessor is satisfied that any
outstanding investigations or plans are not material to the request to transfer
the home and do not jeopardize the safety of any children who are or may be
placed in the home. (3) If there are foster
children currently placed in the home, all custodial agencies must approve of
the transfer of the foster home, as evidenced by the custodial agency
signature(s) on the JFS 01334 "Notification of Transfer of a Foster
Home." (a) If the custodial agency does not agree to the transfer
while a child in its custody is placed in the home, the transfer shall not take
place until that child is no longer placed in the home. (b) No child shall be removed from a foster
caregiver's home solely because the caregiver has requested a transfer
from one agency to another. (4) If a transfer request
of a foster home is pending within ninety days immediately prior to the
expiration of the certificate, the current recommending agency and the
receiving agency may determine through mutual agreement which agency will
conduct the recertification of the foster home. If there is no agreement
between the agencies, the current recommending agency shall be responsible for
completing the recertification of the home. (5) The assessor shall
complete the transfer assessment within sixty days of the date the complete
record was received from the current recommending agency. If the transfer
assessment cannot be completed in that timeframe, the assessor shall document
the reason(s) in the record. (I) Upon the completion of the assessment, the assessor
shall make a final recommendation regarding the transfer and document that
decision in the receiving agency's record. Written notice of the decision
shall be given to the foster caregiver and the recommending agency within five
working days of the date the decision was made. The decision to approve or
reject the transfer request rests solely with the receiving agency, subject to
the process of approval of ODJFS and the custodial agency of any foster
child(ren) placed in the home. Nothing in this rule shall be construed to
require an agency to accept the transfer of a foster home from another agency.
The rejection of a transfer creates no right of appeal pursuant to Chapter 119.
of the Revised Code for any party of the transfer request. (J) If the decision is to deny the transfer request, all
information contained in the copy of the caregiver's record from the
current recommending agency, as well as any information gathered during the
transfer assessment, including the written recommendation to deny the request,
shall be maintained in the caregiver's record for at least two
years. (K) If the decision is to approve the transfer request, all
information contained in the copy of the caregiver's record from the
current recommending agency, as well as any information gathered during the
transfer assessment shall be incorporated into the receiving agency's
foster care provider record. (1) If the sending agency
has the appropriate access to SACWIS, the sending agency shall enter the
applicable data into the system to complete the transfer to the receiving
agency. (2) If the sending agency
does not have the appropriate access to SACWIS to enter the transfer, then
either the sending agency or the receiving agency shall make a recommendation
to ODJFS to transfer the foster home by submitting the completed JFS 01334
containing all applicable signatures. (3) The certificate shall
be effective from the date of transfer until the end of the current
certification period. If the foster caregiver is upgrading the type of foster
care the home will provide, the caregiver shall begin a new two year
certification starting on the date of transfer due to the increased training
requirements. (4) The transfer of a
foster home to a receiving agency has the effect of conferring upon the
receiving agency all the duties of a recommending agency contained in Chapter
5101:2-5 of the Administrative Code. (5) Prior to or not later than thirty
days after a transfer request has been processed by ODJFS, the receiving agency
shall provide an orientation to the foster caregiver of the agency's
foster care policies and procedures. (L) Upon receipt of a signed release of information form,
an agency shall release a copy of a foster care homestudy to an adoption agency
when the foster caregiver is being considered as an adoptive
parent.
Last updated September 24, 2024 at 9:12 AM
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Rule 5101:2-5-32 | Occupancy limitations and accessibility.
(A) An agency shall place a foster child in a foster home only
when the agency and the foster caregiver are in compliance with the provisions
of Chapters 5101:2-5 and 5101:2-7 of the Administrative Code. (B) Specific circumstances and limitations for the capacity of a
foster home: (1) To determine the
total number of children in the home, the agency shall include at a
minimum: (a) Foster children placed in the home. (b) Kinship children residing in the home. (c) The children of a foster caregiver. (d) Children being cared for by a type B child care
provider. (e) Children receiving any private child care
services. (2) A foster home shall
not receive more than five foster children. (3) When a foster caregiver has been
certified for less than two years to operate a foster home, or has less than
two years of professional child care experience as documented by the
recommending agency, the caregiver shall not receive more than three foster
children in the home at any one time. (4) Not more than two children under the
age of two years shall reside or receive child care services in a foster home
at any one time. (5) Not more than four children under the
age of five years shall reside or receive child care services in a foster home
at any one time. (6) If a foster home is at or below the
capacity limits set forth in this paragraph, the home may exceed the capacity
limits if the additional children meet one of the following
circumstances: (a) To accommodate a sibling group or the remaining members of a
sibling group. (b) To accommodate a sibling or siblings of a kinship
child. (c) To allow a family with special training or skills to provide
care to one additional child who has a severe disability. (d) To allow a child with an established meaningful relationship
with the family to be placed with the family. (e) To allow a parenting youth in foster care to remain with the
child of the parenting youth. (7) If a foster home is above the
capacity limits set forth in this paragraph, the home shall not accept
additional children unless the children meet one of the following
exceptions: (a) To accommodate a sibling or siblings of a foster child
currently placed in the home. (b) To accommodate a sibling or siblings of a kinship child
currently placed in the home. (c) To allow a family with special training or skills to provide
care to one additional child who has a severe disability. (d) To allow a child with an established meaningful relationship
with the family to be placed with the family. (e) To allow a parenting youth in foster care to remain with the
child of the parenting youth. (8) If the foster home is a specialized
foster home, the additional placement limitations of rules 5101:2-5-36 and
5101:2-5-37 of the Administrative Code, as applicable, shall
apply. (C) Not more than a total of ten children, including the children
of a foster caregiver, children being cared for by a type B child care provider
and children receiving any private child care services, shall reside or receive
child care services in a foster home at any one time. (D) Placement of a physically disabled foster child in a foster
home shall be made only after the agency has assured that any necessary special
arrangements to meet the child's needs have been made.
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Rule 5101:2-5-33 | Foster caregiver preplacement and continuing training.
Effective:
January 1, 2023
(A) A recommending agency shall document
that each person seeking certification successfully completes all preplacement
training required by this rule according to the type of foster home for which
certification is sought. (B) A recommending agency shall document
that each foster caregiver for whom recertification is recommended successfully
completes all continuing training required by this rule for the type of foster
home operated by the foster caregiver, unless a waiver is approved by the
recommending agency pursuant to paragraph (J) of this rule and appropriately
documented according to paragraph (K) of this rule. (C) A foster caregiver or applicant is to
meet the following preplacement or continuing training requirements, as
applicable to the type of home for which an applicant is seeking certification
or for which a foster caregiver is certified. (1) Pre-adoptive infant
foster home: (a) A person seeking certification to operate a pre-adoptive
infant foster home shall complete a minimum of twelve hours of preplacement
training prior to the agency recommending the home for certification. The
required training topics are listed in appendix A to this rule. (b) A foster caregiver certified to operate a pre-adoptive
infant foster home shall complete a minimum of twenty-four hours of continuing
training during each certification period. If a currently certified foster
caregiver has not completed infant first aid and CPR training, the caregiver is
to complete the training by their subsequent recertification. (2) Family foster home: (a) A person seeking certification to operate a family foster
home shall complete twenty-four hours of preplacement training prior to the
agency recommending the home for certification. The preplacement training
program shall consist of courses in the role of foster caregivers as a part of
the care and treatment of foster children. To continue the certification
process, prospective foster caregivers are to complete the full list of topics
in appendix A to this rule. (b) A foster caregiver certified to operate a family
foster home shall complete a minimum of thirty hours of continuing training
during each certification period. A continuing training program shall consist
of courses that a foster caregiver must complete in accordance with the
caregiver's written needs assessment and continuing training plan.
Effective January 1, 2023 a foster caregiver is to complete resource readiness
topics during the first certification period as specified in appendix A to this
rule. (c) No preplacement training received prior to
certification shall be counted towards the completion of continuing training
required by this rule. (3) Specialized foster
home: (a) A person seeking certification to operate a specialized
foster home shall complete twenty-four hours of preplacement training prior to
the agency recommending the home for certification. The preplacement training
program is to consist of topics listed in appendix A to this rule.
(b) A foster caregiver certified to operate a specialized
foster home shall complete a minimum of forty-five hours of continuing training
during each certification period. The continuing training program shall consist
of courses in accordance with the caregiver's written needs assessment and
continuing training plan and shall include additional topics specific to the
types of children placed in the type of specialized foster home for which the
caregiver is certified. Such training shall also include completion of a first
aid training program and a child and adult CPR training program such as those
training programs offered by the American red cross, the American heart
association, or the equivalent. Effective January 1, 2023 a foster caregiver is
to complete resource readiness topics during the first certification period as
specified in appendix A to this rule. (c) No preplacement training received prior to
certification shall be counted towards the completion of continuing training
required by this rule. (D) A foster caregiver may complete up to
twenty per cent of his or her continuing training requirement by teaching one
or more training classes to other foster caregivers or by providing mentoring
services to other foster caregivers. To qualify for teaching or mentoring
services a foster caregiver shall: (1) Have at least two
years experience as a certified foster caregiver. (2) Have had at least two
child placements in their foster home. (3) Be a currently
certified foster home. (4) Not be under a
corrective action plan by a recommending agency. (5) Not be under
investigation for a violation of state statute or rule by a recommending agency
or ODJFS. (E) As used in this rule, mentoring
services means, at a minimum: (1) Assisting foster
caregivers with information that will encourage communication between the new
foster caregivers and human service agencies. (2) Offering foster
caregivers possible solutions to problems that may occur while caring for a
child in placement. (3) Assisting and guiding
recently certified foster caregivers in day to day activities while caring for
a child in placement. (4) Offering to assist
foster caregivers in utilizing resources within their community. (5) Encouraging recently
certified foster caregivers to attend training sessions in order to maintain
their current certification. (F) Video presentations and training completed outside of a
classroom shall be accepted under the following conditions: (1) Video presentations
may be used as a tool to meet preplacement or continuing foster caregiver
training requirements if any of the following requirements are
met: (a) A qualified trainer is present during the training session to
respond to questions. (b) The video presentation is part of a self-directed learning
program approved by ODJFS. (c) ODJFS has approved the video presentation as part of an
agency's training proposal as set forth in rule 5101:2-5-40 of the
Administrative Code. (2) Video presentations
prepared for entertainment purposes shall not be considered as meeting training
requirements unless transfer of learning components are included prior to or
following the video presentation. Transfer of learning components may include a
pretest, a posttest, or a discussion following the video presentation. Video
presentations prepared for entertainment purposes shall not be used for
preplacement training or to meet more than one-forth of a foster
caregiver's continuing training requirements. (3) The acceptance of
training that is completed outside a classroom where a trainer is not present,
shall be considered by the recommending agency on an individual basis and shall
not be used for more than six hours of preplacement training or to meet more
than one-half of a foster caregiver's continuing training requirements. To
be accepted by a recommending agency to meet a foster caregiver's
continuing training requirements, the training must include a transfer of
learning component prior to or following the training. Such training shall be
consistent with the recommending agency's written needs assessment and
continuing training plan developed for the foster caregiver pursuant to
paragraph (G) of this rule. If a private child placing agency (PCPA) or private
noncustodial agency (PNA) intends to accept such continuing training on a
regular basis, it shall be included in the agency's training proposal
developed pursuant to rule 5101:2-5-40 of the Administrative Code. If a public
children services agency (PCSA) intends to accept such continuing training on a
regular basis, it shall provide written notification to the regional training
center of the Ohio child welfare training program (OCWTP) responsible for
providing foster caregiver training for the county so the training center can
make appropriate plans for training. (a) Training completed outside a classroom may include training
offered through the following methods: (i) Video
presentations. (ii) Books or
magazines. (iii) Computer
programs. (iv) Internet
sites. (v) Interactive video
presentations. (b) Transfer of learning components may include the
following: (i) A
pretest. (ii) A
posttest. (iii) A discussion
following the training. (4) Continuing training
where a foster caregiver is teaching one or more training classes to other
foster caregivers or providing mentoring services to other foster caregivers
may be used in combination with training completed outside a classroom to meet
no more than one-fourth of the foster caregiver's continuing training
requirements. (5) Live synchronous
distance learning, where the trainer or facilitator is available real time to
deliver the training, may be used to meet all of preplacement and continuing
training. (6) Pursuant to rule 5101:2-5-38 of the
Administrative Code, neither a foster caregiver training stipend nor an agency
training allowance payment shall be made for training completed outside a
classroom where a person in the role of a trainer is not present. (7) Continuing training hours obtained by
a foster caregiver by teaching one or more training classes to other foster
caregivers are eligible for stipend and training allowance reimbursement in the
amount of hours as specified in the foster caregiver's written needs
assessment and continuing training plan. Any continuing training hours obtained
by a foster caregiver by teaching one or more training classes to other foster
caregivers in excess of the specified amount in the written needs assessment
and continuing training plan shall not be reimbursable. (G) Not later than the first thirty days of a foster
caregiver's certification period, a recommending agency shall develop and
implement a written needs assessment and continuing training plan for each
foster caregiver affiliated with the agency. Each needs assessment and
continuing training plan shall satisfy all of the following
requirements: (1) Be effective for the
two-year period the foster caregiver's certificate is in
effect. (2) Be appropriate for
the type of foster home the foster caregiver operates, the type of children
typically placed in the home and include as appropriate training for the
caregiver that relates to providing independent living services, as defined in
section 2151.81 of the Revised Code, to a child placed as provided in division
(B)(2) of section 2151.353 of the Revised Code. (3) Require the foster
caregiver to successfully complete the courses the agency considers
appropriate; (4) Include criteria the
agency is to use to determine whether the foster caregiver has successfully
completed the courses. (5) Guarantee that the
courses the foster caregiver is required to complete are available to the
foster caregiver at reasonable times and places. (6) Specify the number of
hours of continuing training, if any, the foster caregiver may complete by
teaching one or more training classes to other foster caregivers or by
providing mentoring services to other foster caregivers as referenced in this
rule. (7) For a family foster caregiver or a
specialized foster caregiver, specify whether the agency will waive any of the
hours of continuing training the foster caregiver is required by paragraph (C)
of this rule to complete during each certification period if the foster
caregiver satisfies the conditions for the agency to issue a waiver. If the
agency will issue a waiver, the agency shall state in the needs assessment and
continuing training plan the number of hours of continuing training, not to
exceed eight during each certification period, that the agency will
waive. (H) For the purpose of determining whether a foster caregiver has
satisfied the requirements of paragraph (C) of this rule, a recommending agency
shall accept training for foster caregivers obtained from a regional training
center of the OCWTP or an approved preplacement training program or continuing
training program operated by a PCPA or PNA under rule 5101:2-5-40 of the
Administrative Code regardless of whether the recommending agency operated the
preplacement training program or continuing training program. The recommending
agency may require that the applicant or foster caregiver successfully complete
additional training as a condition of certification or recertification. A
recommending agency may accept up to fifteen hours of continuing training
without prior approval from ODJFS if both of the following are
met: (1) The training is from
a program that provides a training course or courses outlined in the foster
parent's continuing training plan. (2) The program is agreed
upon by both the recommending agency and the foster parent. (I) The recommending agency shall maintain a record in the
statewide automated child welfare information system (SACWIS) for each foster
caregiver showing the date, location, course name and length of each
preplacement and continuing training course each foster caregiver attended, and
the name of the trainer. (J) At the beginning of a foster caregiver's second
certification period or a subsequent certification period, a recommending
agency may include within the foster caregiver's written needs assessment
and continuing training plan, a waiver of up to eight hours of continuing
training that a foster caregiver holding a certificate for a family foster home
or specialized foster home is otherwise required by paragraph (C) of this rule
to complete during the certification period, if all of the following
apply: (1) The foster caregiver
has had or maintained a foster home certificate for at least two
years. (2) The foster caregiver
has provided care for a foster child for at least ninety days of the twelve
months preceding the date the agency issues the waiver. (3) The foster caregiver
has not violated any statute or rule governing certification of foster homes
during the twelve months preceding the date the agency issues the
waiver. (4) The foster caregiver
has complied in full with the needs assessment and continuing training plan
developed for the foster caregiver under paragraph (G) of this rule for the
preceding certification period. (K) For each continuing training waiver approved by a
recommending agency for a family foster home or a specialized foster home
pursuant to paragraph (J) of this rule the following documentation shall be
maintained in the foster caregiver's record: (1) The date of the
waiver. (2) The number of hours
of training waived. (3) A statement that each
of the requirements of paragraph (J) of this rule have been met. (4) The name and
signature of the authorized agency representative who approved the
waiver. (L) A foster caregiver to whom either paragraph (L)(1) or (L)(2)
of this rule applies shall be given an additional amount of time within which
to complete the continuing training required under this rule, as applicable to
the type of foster home the caregiver is certified to operate. The additional
time shall be one month for each month the caregiver was on active duty. Any
required training that is not met at the end of a foster caregiver's
certification period applying the preceding sentence shall be waived by the
agency. When a waiver of training is approved by an agency under this
paragraph, the required training for the next certification period shall be the
same as for any other caregiver operating a foster home of the type for which
the foster caregiver is certified. The agency shall document any such extension
of time in the foster caregiver's record. (1) The foster caregiver
has served in active duty outside Ohio with a branch of the armed forces of the
United States for more than thirty days in the preceding two-year
period. (2) The foster caregiver
has served in active duty as a member of the Ohio organized militia, as defined
in section 5923.01 of the Revised Code, which includes the Ohio national guard,
the Ohio naval militia and the Ohio military reserve, for more than thirty days
in the preceding two-year period and that active duty relates to either an
emergency in or outside of Ohio or to military duty in or outside of
Ohio.
View Appendix
Last updated September 24, 2024 at 9:12 AM
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Rule 5101:2-5-34 | PCPA and PNA case plans and administrative case reviews for direct placements.
(A) A private child placing agency (PCPA)
or private noncustodial agency (PNA) which accepts a direct placement of a
child from a parent, guardian or custodian, shall develop and prepare a case
plan on the child and family. (1) The case plan is to be developed and prepared within
thirty days from the date of placement of the child. (2) The case plan is to be a separate part of the case
record. (3) If the child is placed for less than thirty consecutive
days, a case plan is not required. (B) A PCPA or PNA shall develop, review
or amend the case plan only with the participation of the child's parent,
guardian or custodian. A case plan or amendment to the case plan shall be
signed by the child's parent, guardian or custodian. A copy of the signed
case plan or any amendment to the case plan shall be provided to the
child's parent, guardian or custodian. (C) A PCPA or PNA which has accepted a
direct placement of a child shall complete an administrative review of the case
plan no later than six months after the date of placement. (D) After the first administrative
review, the PCPA or PNA shall continue to conduct administrative reviews every
six months. (E) Each administrative review required
for a child in a direct placement shall comply with the following
requirements: (1) The administrative
review shall be conducted by a review panel of at least three persons. The
review panel shall include at a minimum: (a) A caseworker with day-to-day responsibility for, or
familiarity with the management of the child's case plan; and (b) A person who is not responsible for the management of the
child's case plan, or the delivery of services to the child or his parent,
guardian, or other individual holding custody of the child. (2) The administrative
review shall include a joint meeting by the review panel with: (a) The child if age appropriate. (b) The child's parent, guardian, or custodian. (c) The child's substitute caregiver. (d) Any other person the agency deems appropriate. (3) All persons shall be
given the opportunity to submit any written materials to be included in the
child's case record. If a parent, guardian, custodian or substitute
caregiver declines to participate in the administrative review after being
contacted, the PCPA or PNA does not have to include them in the joint
meeting. (4) The administrative review shall be
summarized in writing by the PCPA or PNA to include all of the
following: (a) A conclusion regarding the appropriateness of the
child's placement; (b) The extent of compliance by all parties with the case
plan; (c) The extent of progress made toward alleviating the
circumstances that precipitated the parent, guardian or custodian to enter into
a direct placement agreement with the agency; (d) An estimated date by which the child may be returned home,
placed with a relative or other suitable nonrelative or prepared for
independent living; (e) An explanation regarding any changes that the PCPA or PNA is
proposing in the case plan; and (f) The names of all persons who participated in the
administrative review.
Last updated April 3, 2023 at 8:27 AM
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Rule 5101:2-5-35 | Foster youth bill of rights.
Effective:
November 15, 2021
(A) No court, agency, resource caregiver,
residential facility or any employee, volunteer, intern or subcontractor of an
agency, court or residential facility is to in any way violate any of the
following rights of children: (1) The right to be free
from physical, verbal, and emotional abuse and inhumane treatment. (2) The right to be
protected from all forms of sexual abuse and exploitation. (3) The right to receive
timely and consistent access to: (a) Housing that is a clean and safe living environment,
free of infestation and contaminants. This includes the right to enter their
housing at any time during their placement. (b) Food in accordance to rule 5101:2-7-06 or 5101:2-9-20
of the Administrative Code. This includes the right to have other special
considerations regarding food as a result of trauma included in their service
and/or case plan. (c) Clothing appropriate to the child's age and gender
identity. This includes the right to participate and provide input regarding
the selection of their clothing. (4) The right to privacy
and personal belongings. (5) The right to their
own money. As age and developmentally appropriate, the right to earn their own
money, open a bank account, and be provided guidance on how to save and spend
money. For youth age fourteen and older, this is to be addressed as a part of
the youth independent living plan pursuant to rule 5101:2-42-19 of the
Administrative Code. (6) The right to
visitation and communication with parents, siblings, other family members,
non-related kin, friends and significant others from whom they are living
apart, in accordance with the child's service or case plan. Unless
restricted in the case plan or in accordance to paragraph (E) of this rule, the
youth has the right to communicate with these persons in private. (7) The right to contact
their attorney, caseworker, custodial agency worker, probation officer, court
appointed special advocate (CASA) and guardian ad litem (GAL) as well as other
professionals involved with the youth in private, within twenty-four hours of
the request. Each of the phone numbers for these individuals and the
recommending and custodial agency hotline is to be accessible to the
youth. (8) The right to have
their opinions heard and be included when any decisions are being made
affecting their lives. As age or developmentally appropriate, this includes the
right to be invited to and prepared for meetings and court hearings including
information about their permanency options. (9) The right to receive
timely, adequate, and appropriate medical care, dental services, vision care,
and mental health services. This includes the right to have appointments
scheduled and be transported to these appointments. (10) The right to enjoy
freedom of thought, conscience, and religion or to abstain from the practice of
religion. (11) The right to receive
appropriate and reasonable guidance, support, and supervision from adults in
their lives including parents, resource caregivers, agency staff, mentors,
youth advisory boards, and others, as applicable. (12) The right to
participate in an appropriate educational program including the
following: (a) The right to provide their input regarding selection of
schools consistent with the Every Student Succeeds Act (ESSA)
2015. (b) The right to participate in educational and school
related activities, without any barriers to access. (c) For youth aged fourteen and older, the right to have
access to information regarding vocational and post-secondary educational
programs and financial assistance for post- secondary education. (13) The right to life
skills preparation pursuant to rule 5101:2-42-19 of the Administrative
Code. (14) The right to
participate in age-appropriate extracurricular, enrichment, and social
activities per section 2151.315 of the Ohio Revised Code. (15) The right to
protection against being discriminated against or harassed on the basis of
race, sex, gender, gender identity, sexual orientation, disability, religion,
color or national origin. (B) The custodial agency is to ensure the
foster youth bill of rights and/or a copy of the JFS 01677 "Foster Youth
Rights Handbook" pursuant to rule 5101:2-42-90 of the Administrative Code,
along with the agency's complaint procedure, pursuant to rule 5101:2-33-20
of the Administrative Code, are explained to each child as developmentally
appropriate and provided to all children in custody. (C) A residential facility is to include
the foster youth bill of rights in the handbook for residents and their
families required pursuant to rule 5101:2-9-15 of the Administrative Code. The
residential agency is to ensure the following: (1) Children in the care
of the agency have ongoing access to the handbook for residents and youth aged
fourteen and older have ongoing access to the JFS 01677. (2) The list of the
foster youth bill of rights along with the facility's complaint procedure
pursuant to rule 5101:2-9-24 of the Administrative Code is to be clearly posted
in each facility so that it may be easily seen by all children. (D) An agency operating a foster care or
independent living program is to include the foster youth bill of rights in any
handbook used by the agency for children in the care of the agency. The agency
is to ensure children in the care of the agency: (1) Are provided the list
of foster youth bill of rights and the agency's complaint procedure which
are explained to each child as developmentally appropriate and provided to all
children. (2) Have ongoing access
to the handbook, if applicable, and the agency's complaint
procedure. (3) Youth aged fourteen
and older have ongoing access to the JFS 01677. (E) Restrictions upon a child's
rights should be reserved only for instances where it is necessary for the
health and safety of the child or others. If an agency places any restrictions
upon a child's rights for more than two hours, the agency is
to: (1) Inform the child
immediately and the child's custodian within twenty-four hours of the
conditions of and the reasons for the restriction of rights. (2) Place a written
report summarizing the conditions of and reasons for the restriction of the
child's rights in that child's record maintained pursuant to rule
5101:2-5-10 and/or 5101:2-33-70 of the Administrative Code. (3) Inform the individual
of the conditions of and reasons for the action, as appropriate, when a
restriction of a child's rights affects another individual. (4) Document review of
this decision at least weekly. Any such restriction is to be included in the
service and/or case plan and approved by the child's
custodian. (F) Nothing in this rule prevents a
resource caregiver or residential facility from providing care, supervision,
and discipline pursuant to rule 5101:2-7-09 or 5101:2-9-21 of the
Administrative Code. (G) If the rights of a youth, as
established in this rule, conflict with the rights of a resource family or
resource caregiver, as established in rule 5101:2-42-20 of the Administrative
Code, the rights of the youth is to preempt the rights of the resource family
or resource caregiver. (H) The rights established by this rule
do not create grounds for a civil action against the department, the
recommending agency, or the custodial agency.
Last updated November 15, 2021 at 8:37 AM
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Rule 5101:2-5-36 | tAdditional requirements for an agency that acts as a representative of ODJFS in recommending treatment foster homes for certification.
(A) The recommending agency shall not
allow a child who has special or exceptional needs as described in rule
5101:2-47-18 of the Administrative Code to be placed in a foster home unless
the foster caregiver has been certified to operate a treatment foster home
pursuant to this rule and rule 5101:2-7-16 of the Administrative Code. The
recommending agency shall document in the homestudy how a treatment foster
caregiver meets the requirements in paragraph (A) of rule 5101:2-7-16 of the
Administrative Code. (B) The agency shall assign a treatment
team to each child with special or exceptional needs placed in a treatment
foster home. (C) The treatment team shall develop a
service plan in accordance with the following requirements: (1) An initial service
plan shall be completed by the treatment team for each treatment foster child
placed in a treatment foster home no later than thirty days after
placement. (2) The service plan
shall be reviewed and revised, if necessary, at least once every ninety days
thereafter. (3) Service plan
development and any revisions shall be completed by the treatment team leader
with approval of the treatment team leader's supervisor who shall be a
member of the agency's professional treatment team staff. (4) The agency shall
notify the treatment team members in advance of each treatment team meeting and
invite them to participate and document the invitations in the child's
record. (D) The service plan for a child with
special or exceptional needs placed in a treatment foster home shall
include: (1) Treatment goals,
clinical and/or rehabilitative services and other necessary interventions for
the child and his or her family. (2) The method by which
the goals, rehabilitative services, and other necessary interventions will be
attained and progress evaluated. (3) The projected length
of the child's stay in treatment foster care. (4) The criteria for the
child to meet for the child's reunification with his or her
parent(s)/family or guardian or the projected post-treatment setting into which
the child will be placed upon attainment of the treatment goals. (5) Services to be
provided or arranged for the child after discharge from the treatment foster
care program. (6) How the child's
permanency plan for family reunification, adoption, independent living or a
planned permanent living arrangement, as specified in the custodial
agency's case plan, will be attained. (E) The recommending agency shall develop
an individual plan for respite care for each child with special or exceptional
needs placed in treatment foster care. The use of respite care shall comply
with the agency's respite care policy prepared pursuant to rule
5101:2-5-13 of the Administrative Code. A copy of the individual plan for
respite care for each foster child with special or exceptional needs placed in
a treatment foster home shall be included in the child's case
record. (F) The agency shall ensure that a member
of the agency's professional staff shall be on-call for treatment foster
caregivers and children with special or exceptional needs placed in a treatment
foster home on a twenty-four hour, seven day a week basis. (G) The agency shall ensure that
treatment foster caregivers are provided with a manual containing all policies,
procedures and other information related to the treatment foster care program
no later than the date the individual becomes certified to operate a treatment
foster home. The agency shall provide treatment foster caregivers copies of any
revisions to the manual within thirty days of the revision. (H) The agency shall coordinate with the
agency holding custody of a child in treatment foster care or the child's
parent or guardian for the provision of all rehabilitative services and other
necessary interventions contained in the child's service plan and any
revisions thereto. The agency shall also implement those aspects of the
child's service plan that are its responsibility. (I) The agency shall ensure that a
discharge summary is prepared pursuant to rule 5101:2-5-17 of the
Administrative Code for each special or exceptional needs child discharged from
a treatment foster home. This paragraph does not apply to a child who is
receiving respite services other than as a direct placement. (J) At the time of placement and whenever
additional information becomes available, the agency shall disclose to the
treatment foster caregiver all information available to the agency about the
child and his family pursuant to rule 5101:2-42-90 of the Administrative Code.
Documentation of the receipt of this information shall be maintained in the
treatment foster caregiver's record and in the child's
record. (K) The agency shall assure that all
professional treatment staff required to be licensed shall be appropriately
licensed. Professional treatment staff shall demonstrate to the employing or
contracting agency that the training required for professional licensure shall
be in topics appropriate to treatment foster care. Documentation of the
training topics shall be maintained in the child's record. (L) All professional treatment staff
shall annually complete at least fifteen hours of training specific to
treatment foster care issues and the mission of the agency. (M) The agency shall ensure that all
professional treatment staff are provided with a manual of all policies and
procedures relevant to the treatment foster care program at the beginning of
their employment with the agency. If the agency contracts with an individual
that is a member of the professional treatment staff, the agency shall provide
a manual of all policies and procedures relevant to the treatment foster care
program to the individual at the onset of the contractual
agreement. (N) The agency shall not prohibit
treatment foster caregivers from participation in any formal or informal
support groups organized for the purpose of supporting foster
caregivers. (O) The agency shall ensure that any
certified treatment foster caregiver complies with the following occupancy
limits: (1) With the exception of
the provisions of paragraph (O)(1)(b) of this rule, a treatment foster
caregiver may provide foster care for not more than five foster children, two
of whom may have exceptional needs as described in rule 5101:2-47-18 of the
Administrative Code requiring their placement in a treatment foster
home. (a) Any exception to the number of treatment foster children
placed in the home shall be only with specific justification in accordance with
the agency's policy for matching treatment foster children and caregivers
developed pursuant to rule 5101:2-5-13 of the Administrative Code. (b) The justification as required by paragraph (O)(1)(a) of this
rule shall be documented in the child's case record and in the foster home
record. The justification may include the following: (i) The need to place a
sibling group. (ii) The abilities of a
particular caregiver in relation to the exceptional needs of a particular
child. (c) If more than two treatment foster children are placed in a
medically fragile foster home, all agencies holding custody of any other
children placed in the home shall be notified by the agency recommending
certification of the home within seventy-two hours of the additional
exceptional needs child's placement. (2) A treatment foster
caregiver may provide care for up to five treatment foster children placed in
the caregiver's home if either of the following apply: (a) The caregiver is an appropriately trained and licensed
professional. The following shall be considered an appropriately trained and
licensed professional: (i) A social
worker. (ii) A professional
counselor. (iii) A
psychologist. (iv) A
teacher. (v) A marriage and family
therapist. (vi) A person who has a
minimum of a bachelor's degree in a child development or social services
field. (b) The caregiver has five years of child care experience and
training related to serving children in foster care. (3) Children placed in a
foster home on or prior to March 31, 2005 shall not be moved to another
placement solely to meet the requirements of paragraph (O)(1) or (O)(2) of this
rule. (P) The agency shall ensure that
professional treatment staff shall have weekly consultation and face-to-face
contact at least every two weeks with at least one member of each treatment
foster caregiver couple or co-parents serving a child with special or
exceptional needs. At least one of the face-to-face contacts each month shall
take place in the treatment foster home. (Q) The agency shall ensure that
professional treatment staff shall have at least weekly contact and
face-to-face meetings at least every two weeks with each special or exceptional
needs child placed in a treatment foster home. At least one of the face-to-face
contacts each month shall take place in the treatment foster home. (R) The agency shall ensure that
treatment foster caregivers keep a written record of the behavior and progress
towards achieving treatment goals as identified in the child's service
plan for each foster child placed in a treatment foster home. The written
record shall be maintained current and kept in the manner prescribed by the
treatment foster care program. (S) The agency shall assure that
treatment foster caregivers are aware of the potential side effects of any
prescribed medication for children placed in their home.
Last updated April 15, 2024 at 1:40 PM
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Rule 5101:2-5-37 | Additional requirements for an agency that acts as a representative of ODJFS in recommending medically fragile foster homes for certification.
(A) The recommending agency shall not
allow a medically fragile child to be placed in a foster home unless the foster
caregiver(s) has been certified to operate a medically fragile foster home
pursuant to this rule and rule 5101:2-7-17 of the Administrative Code. The
recommending agency shall document in the homestudy of the caregiver's
file how a foster caregiver for medically fragile children meets the
requirements in paragraph (A) of rule 5101:2-7-16 of the Administrative
Code. (B) The recommending agency shall assign
a treatment team to each medically fragile child placed in a medically fragile
foster home. A licensed physician, licensed nurse practitioner or a registered
nurse shall supervise the medical aspects of the child's service
plan. (C) A service plan shall be developed by
the treatment team in accordance with the following requirements: (1) An initial service
plan shall be completed by the treatment team for each medically fragile child
placed in a medically fragile foster home no later than thirty days after
placement. (2) The service plan
shall be reviewed and revised, if necessary, at least once every sixty days
thereafter. (3) Service plan approval
and any revisions shall be completed by the individual assigned under paragraph
(B) of this rule who is supervising the medical aspects of the child's
service plan and approved by the treatment team leader's
supervisor. (4) All treatment team
members shall be notified in advance of each treatment team meeting and invited
to participate. Documentation of the invitations shall be maintained in the
child's record. (D) The service plan for a medically
fragile child placed in a medically fragile foster home shall
include: (1) A nursing treatment
plan signed by a licensed physician. The nursing treatment plan shall be
reviewed and approved by a licensed physician at least every sixty days. The
nursing treatment plan shall list all of the following: (a) Any special instructions for the care of the
child. (b) The child's medications including instructions for
administering the medications and potential side effects. (c) The child's nursing needs. (2) Treatment goals,
clinical and/or rehabilitative services and other necessary interventions for
the child and his family. (3) The method by which
the goals, rehabilitative services, and other necessary interventions will be
attained and progress evaluated. (4) The projected length
of the child's stay in the foster home. (5) The criteria to be
met for the child's reunification with his or her parent(s)/family or
guardian or the projected post-treatment setting into which the child will be
placed upon attainment of the treatment goals (6) Aftercare services to
be provided or arranged. (7) How the child's
permanency plan for family reunification, adoption, independent living or other
permanent living arrangement, as specified in the custodial agency's case
plan, will be attained. (E) If the service plan developed by the
treatment team recommends any special needs for the child that would conflict
with any rule in Chapter 5101:2-7 of the Administrative Code, the service plan
shall be followed. (F) The recommending agency shall develop an individual plan for
respite care for each medically fragile child placed in a medically fragile
foster home. The use of respite care shall comply with the agency's
respite care policy prepared pursuant to rule 5101:2-5-13 of the Administrative
Code. A copy of the individual plan for respite care for each medically fragile
child placed in a medically fragile foster home shall be included in the
child's case record. (G) The agency shall ensure that a member of the agency's
professional staff shall be on-call for foster caregivers for medically fragile
children and each medically fragile child placed in a medically fragile foster
home on a twenty-four hour, seven day a week basis. (H) The agency shall ensure that foster caregivers for medically
fragile children are provided with a manual containing all policies, procedures
and other information related to the program not later than the date the
individual becomes certified as a foster caregiver for medically fragile
children. The agency shall provide foster caregivers for medically fragile
children copies of any revisions to the manual within thirty days of the
revision. (I) The agency shall coordinate with the agency holding custody
of a medically fragile child or the child's parent or guardian for the
provision of all rehabilitative services and other necessary interventions
contained in the child's service plan and any revisions thereto. The
agency shall also implement those aspects of the child's service plan that
are its responsibility. (J) The agency shall ensure that a discharge summary is prepared
pursuant to rule 5101:2-5-17 of the Administrative Code for each child
discharged from a medically fragile foster home. This paragraph does not apply
to a child who is receiving respite services other than as a direct
placement. (K) The recommending agency shall ensure the caregiver is
provided written step-by-step instructions for each skilled procedure required
to be performed for each medically fragile child placed in the home.
Documentation of the receipt of this information shall be maintained in the
caregiver's record and in the child's record. (L) At the following times the agency shall disclose to the
foster caregiver for medically fragile children all information available to
the agency about the child and his family pursuant to rule 5101:2-42-90 of the
Administrative Code: (1) At the time of a
child's placement in a medically fragile foster home. (2) Whenever additional
information becomes available. (M) The agency shall ensure that all professional treatment staff
required to be licensed shall be appropriately licensed. Professional treatment
staff shall demonstrate to the employing or contracting agency that the
training required for professional licensure shall be in topics appropriate to
medically fragile foster care. Documentation of the training topics shall be
maintained in the child's record. (N) All professional treatment staff shall be appropriately
licensed and shall annually complete at least fifteen hours of training in
specific issues addressing the needs of medically fragile children and the
mission of the agency. (O) The agency shall ensure that all professional treatment staff
are provided with a manual of all policies and procedures relevant to the
program at the beginning of their employment with the agency. (P) The agency shall not prohibit foster caregivers for medically
fragile children from participation in any formal or informal support groups
organized for the purpose of supporting foster caregivers. (Q) The recommending agency shall ensure a certified foster
caregiver for medically fragile children complies with the following occupancy
limits: (1) With the exception of
the provisions of paragraph (Q)(1)(c) of this rule, a foster caregiver for
medically fragile children may provide foster care for not more than five
foster children, two of whom may have intensive needs as described in rule
5101:2-47-18 of the Administrative Code requiring their placement in a
medically fragile foster home. (a) Any exception to the number of medically fragile foster
children placed in the home shall be only with specific justification in
accordance with the agency's policy for matching medically fragile foster
children and caregivers developed pursuant to rule 5101:2-5-13 of the
Administrative Code. (b) The justification, which may include the need to place a
sibling group, or the abilities of a particular family in relation to the
intensive needs of a particular child, shall be documented in the child's
case record and in the medically fragile foster home record. (c) A foster caregiver for medically fragile children who
is also an appropriately trained and licensed professional may provide care for
not more than five medically fragile foster children placed in the
caregiver's home. An appropriately trained and licensed professional is
considered one of the following: (i) A registered
nurse. (ii) A licensed practical
nurse. (iii) A licensed
emergency medical technician. (iv) A physician
assistant. (v) A licensed
physician. (d) The recommending agency of a medically fragile foster
home shall notify, within seventy-two hours, all agencies holding custody of
any other children placed in the home if more than two medically fragile
children are placed in a medically fragile foster home. (2) Children placed in a foster home on
or prior to March 31, 2005 shall not be moved to another placement solely to
meet the requirements of paragraph (Q)(1) of this rule. (R) The agency shall ensure that professional treatment staff
shall have consultation at least every two weeks and at least monthly
face-to-face contact with the foster caregiver for medically fragile children
or at least one member of a foster caregiver for medically fragile children
couple or co-parents serving an intensive needs child. At least one of the
face-to-face contacts every two months shall take place in the medically
fragile foster home. (S) The agency shall ensure that professional treatment staff
shall have face-to-face meetings with each intensive needs child placed in a
medically fragile foster home at least every two weeks. At least one of the
face-to-face meetings each month shall take place in the medically fragile
foster home. (T) For each medically fragile child placed in a medically
fragile foster home, the agency shall assure that the foster caregivers for
medically fragile children keep a written record of the child's emotional
response to treatment and progress towards achieving the treatment goals
identified in the child's service plan. (1) The written record
shall include signed documents of treatment provided by any health care
professional providing services to the child, as well as records of any
hospitalizations and hospital emergency room or urgent medical care
visits. (2) All documentation
shall be maintained current and kept in the manner prescribed by the
agency. (U) The agency shall assure that foster caregivers for medically
fragile children are aware of the potential side effects of any prescribed
medication for children placed in their home. (V) If a child with special or exceptional needs is placed in a
medically fragile foster home, the provisions of rule 5101:2-5-36 of the
Administrative Code shall apply for that child.
Last updated April 15, 2024 at 1:40 PM
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Rule 5101:2-5-38 | Payment of foster caregiver training stipends; reimbursement of training allowances to recommending agencies.
Effective:
January 1, 2023
(A) As used in this rule, a training hour
means sixty consecutive minutes of instruction and may include a break of not
longer than five minutes per training hour when a training session is longer
than one training hour in duration. (B) Stipend payments for foster caregivers shall be made pursuant
to the following: (1) Stipend payments
must be made to the foster caregiver within one hundred twenty calendar days of
the completion of the training event for continuing training or within one
hundred twenty calendar days after certification for pre-placement training.
Stipend payments may not be held or otherwise deferred pending reimbursement by
the Ohio department of job and family services (ODJFS). Stipend payments shall
be rendered for fractional hours in quarter hour increments. The stipend rate
paid by recommending agencies shall be calculated as follows: (a) For preplacement training a lump sum payment shall be made in
the amount of fifteen dollars per foster caregiver per training hour for all
hours completed. (b) For continuing training, fifteen dollars per foster caregiver
per training hour successfully completed within a training session that is a
minimum of one training hour in duration. (c) Recommending agencies shall make stipend payments according
to the following: (i) For preplacement
training, the agency that certifies the caregiver shall record the preplacement
training in the statewide automated child welfare information system (SACWIS)
and shall be responsible for paying the stipend to the caregiver upon
certification. (ii) For continuing
training, the caregiver's recommending agency shall be responsible for
paying all stipends to the caregiver and shall enter all of the training
sessions into SACWIS. (2) A recommending agency is solely
responsible for any foster caregiver stipend payment due that exceeds the
amount reimbursable to the recommending agency. A recommending agency shall
defer the lump sum stipend payment for preplacement training until the foster
caregiver is certified. In these cases, a recommending agency's obligation
to remit deferred lump sum stipend payments for preplacement training begins
upon the caregiver's date of certification. (3) A recommending agency
may decline to make a stipend payment to a foster caregiver: (a) If the recommending agency determines that the foster
caregiver has not successfully acquired the skills the training was designed to
impart and as a result the agency required the foster caregiver to repeat the
training in accordance with a corrective action plan. (b) If the training was beyond the scope or the amount of
training specified in the foster caregiver's individualized written needs
assessment and continuing training plan. (c) If the training the foster caregiver received was part of a
program of self-directed study or otherwise not delivered in a conventional or
traditional setting where the principal transfer of knowledge occurred through
the physical presence of a trainer whose responsibility it was to impart
instruction to the foster parent. (C) ODJFS reimbursement of foster caregiver stipend payments to
recommending agencies. (1) ODJFS will reimburse
recommending agencies for stipend payments made to foster caregivers pursuant
to paragraph (B) of this rule. (2) For preplacement
training, ODJFS will reimburse lump sum stipend payments made by recommending
agencies as follows: (a) The amount of fifteen dollars per foster caregiver per
training hour for hours recorded by an agency in SACWIS. ODJFS will reimburse
according to the following: (i) For pre-adoptive
infant homes, twelve hours. (ii) For a family foster
home, twenty-four hours. (iii) For a specialized
foster home, twenty-four hours. (b) For an existing family foster home that is receiving
preplacement training to become a specialized foster home, the reimbursement
will be made in the form of continuing training as specified in rule
5101:2-5-25 of the Administrative Code. (3) For continuing training, ODJFS will
reimburse stipend payments made by recommending agencies per the following
schedule of training hours: (a) For a pre-adoptive infant home, not more than twenty-four
training hours during each two-year certification period for each caregiver
that is required to be trained. (b) For a family foster home, not more than thirty training hours
during each two-year certification period for each caregiver that is required
to be trained. (c) For a specialized foster home, not more than forty-five
training hours during each two-year certification period for each caregiver
that is required to be trained. (4) For the purpose of determining if a
stipend reimbursement is owed to a recommending agency for continuing training,
ODJFS will count only training hours that are received during the two-year
period after the foster caregiver's date of certification, and for each
two-year period thereafter. (5) ODJFS will not reimburse a
recommending agency for any stipend payment made by a recommending agency when
the training the foster caregiver received was part of a program of
self-directed study or otherwise not delivered in a conventional or traditional
setting where the principal transfer of knowledge occurred through the physical
presence of a trainer whose responsibility it was to impart instruction to the
foster parent. Subject to restrictions that may otherwise be imposed elsewhere
by this chapter, such non-traditional training may be counted by the
recommending agency as acceptable training hours in meeting the minimum number
of training hours necessary to statutorily qualify the foster caregiver to
obtain or maintain such foster caregiver's certification. (6) ODJFS will not reimburse a
recommending agency for any stipend payment made for time consumed by a lunch
or dinner break that occurs during a training session. (7) For the purpose of computing the
maximum number of preplacement and continuing training hours that will qualify
for stipend reimbursements, a foster caregiver's training history will
always be aggregated over the caregiver's entire service history and will
not be reset by the movement of the foster caregiver from the supervision of
one recommending agency to another. (D) ODJFS will pay a training allowance to each private
recommending agency to compensate that entity for its costs in providing,
securing or procuring training for foster caregivers through a preplacement
training program or continuing training program operated under rule 5101:2-5-40
of the Administrative Code. The allowance rate will be twenty dollars per
foster caregiver per training hour successfully completed within a training
session. (1) A private
recommending agency may enter a preplacement training session into SACWIS prior
to the certification of a foster caregiver in order to receive a training
allowance. (2) If a private
recommending agency enters a continuing training session into SACWIS in order
to receive a training allowance, the agency must have paid a stipend to the
particpant for the same training session. (3) ODJFS will consider a private
recommending agency to have experienced a cost if any of the following items
occur: (a) The private recommending agency pays a trainer or another
agency to conduct the training session. (b) The private recommending agency uses its own staff to conduct
the training session and act as trainer. (c) The private recommending agency rents space and or equipment
for the training session. (d) The private recommending agency provides a box meal or
catered meal for foster caregivers attending the training session. ODJFS will
not consider the private recommending agency to have incurred a cost if only
break refreshments are provided. (e) The private recommending agency purchases a curriculum or
program of instruction for use in the training session. ODJFS will not consider
the private recommending agency to have experienced a cost for that curriculum
or program of instruction when it is used in subsequent training sessions
unless the payment of a licensing or royalty fee is required for each such
use. (4) ODJFS will not make an allowance
payment for training received or provided at no cost to the private
recommending agency. As used in this rule, "at no cost" means that
the private recommending agency incurred no out-of-pocket expense for the
training session. ODJFS will not consider a private recommending agency to have
incurred a cost when the private recommending agency: (a) Uses its own facilities or equipment to host or conduct the
training session. (b) Makes copies of instructional materials that will be used in
a training session. (c) Mails training announcements to foster
caregivers. (d) Uses an uncompensated trainer. (e) Enrolls a foster caregiver for training in a training session
held under the auspices of a regional training center of the OCWTP where the
regional training center does not require a fee from the private recommending
agency for the caregiver to attend the training session. (E) The recommending agency shall register the foster
caregiver's training history in SACWIS. ODJFS will pay foster caregiver
stipends and private recommending agency allowances only when the recommending
agency fully and accurately completes and registers the foster caregiver's
training history in SACWIS. (F) Recommending agencies shall not submit training registrations
for training received or rendered under the adoption assessor training
component of the OCWTP. (G) Submission of training registrations that do not accurately
reflect the training history of foster caregivers, or that are filed prior to
payment of earned stipends to foster caregivers, shall establish a rebuttable
presumption that the submitting recommending agency intentionally seeks a
training allowance or stipend payment to which it is not entitled. (1) If the recommending
agency is a private entity, the rebuttable presumption may serve as a basis for
licensing enforcement proceedings against that private recommending
agency. (2) If the recommending
agency is a public children services agency (PCSA), the rebuttable presumption
may serve as a basis for the imposition of any penalty permitted by section
5101.24 of the Revised Code. (H) Each private recommending agency and PCSA shall register an
update to a foster caregiver's training history no later than thirty
calendar days from the date on which the private recommending agency or PCSA
renders a stipend payment to the foster caregiver. Failure to complete the
update in this time frame will result in the forfeiture of any stipend
reimbursement or allowance payment owed to the private recommending agency or
PCSA for the event. (I) ODJFS will not issue allowance payments to PCSAs. OCWTP will
be responsible for providing foster caregiver training to foster caregivers
under the supervision of a PCSA. (J) All claims for allowance payments and stipend reimbursements
must be perfected within eighteen calendar months subsequent to the month in
which the training occurred. Claims made after that time frame will not be
honored. (K) Any failure of an agency to pay a
stipend to a foster caregiver within the required timeframes of this rule shall
result in the forfeiture of any stipend reimbursement owed to the agency for
the event.
Last updated September 24, 2024 at 9:12 AM
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Rule 5101:2-5-40 | Preplacement and continuing training programs.
Effective:
February 15, 2024
(A) A private child placing agency
(PCPA), private noncustodial agency (PNA), or a consortium of such agencies
that seeks to operate a preplacement training program or a continuing training
program is to submit its training proposal(s) for approval to the agency's
assigned Ohio department of job and family services (ODJFS) field office
licensing specialist. Each training proposal submitted to ODJFS is to be
approved for submission by the administrator or designee of the agency. Each
training proposal submitted by a consortium is to be approved for submission by
the administrator or designee of the primary agency of the consortium.
Submission and approval of training proposals is to follow the time frames
listed in paragraphs (B) and (F) of this rule. (B) A training proposal is to be
submitted to ODJFS when the agency creates a new proposal or amends an existing
plan. Any amendment to an approved training plan is to be submitted in
accordance with paragraph (B) of rule 5101:2-5-13 of the Administrative
Code. (C) A training proposal submitted by a consortium of PCPAs or
PNAs is to identify the primary agency that will act as the fiscal agent for
the consortium and all other agencies participating in the consortium. The
proposal is to be approved for submission by the administrator or designee of
the primary agency. (D) If ODJFS does not approve a PCPA's or PNA's
training proposal, and the PCPA or PNA wishes to continue pursuing
implementation of a training program, the PCPA or PNA is to submit a revised
proposal within fifteen calendar days. (E) If ODJFS does not approve a PCPA's or PNA's
training proposal, or if a previously approved training proposal or plan
expires, the PCPA or PNA will not operate a preplacement or continuing training
program for foster caregivers until a training proposal has been approved by
ODJFS. (F) The proposal is to include the following
information: (1) The type(s) of
training programs to be offered and the projected outcomes for each program.
Types of training programs include the following: (a) Preplacement training for prospective foster caregivers
seeking certification to operate a foster home under the PCPA or PNA certified
foster care function, including pre-adoptive infant foster home, family foster
home, treatment foster home or medically fragile foster home. (b) Continuing training for foster caregivers certified to
operate a foster home under the PCPA or PNA certified foster care function,
including pre-adoptive infant foster home, family foster home, treatment foster
home or medically fragile foster home. (2) A statement outlining
the types of foster care certifications the training program
addresses. (3) The organization and
structure of the training program which is to clearly identify who will be
responsible for operating the training program, the staffing level of the
program, the person(s) responsible for policy decisions regarding the training
program, and whether part of the training program functions will be
subcontracted to other individuals, agencies or entities. (4) The policies and
procedures of the training program which include, at a minimum, the following
information: (a) Policies and procedures for assessing foster caregiver
training needs and utilizing foster caregivers continuing training plans as the
basis for determining course offerings and learning activities such as
workshops, coaching, distance learning and self-directed learning and the
frequency of the course offerings and learning activities. (b) Policies and procedures for developing and evaluating courses
and learning activities which comprise the training program, including policies
and procedures for assessing successful completion of a course and learning
activities by the prospective foster caregiver or foster caregiver and
procedures for notifying the recommending agency with which a prospective
foster caregiver or a foster caregiver is affiliated of the successful
completion of the course and learning activities. (c) Policies and procedures for the selection and evaluation of
qualified trainers. (d) Policies and procedures for notifying agencies and foster
caregivers of courses offered by the training program. (e) Policies and procedures for accepting applications for
training courses and scheduling training. (f) Policies and procedures for maintaining training records,
tracking attendance at the training by course offering and by foster caregiver,
including notification to the agency of foster caregiver
attendance. (g) Policies and procedures for a written evaluation of the
effectiveness of the courses offered and the overall effectiveness of the
training program. The policies and procedures is to specify that these
evaluations will take place at least once every two years. (5) A description of
course offerings and learning activities which contain, at a minimum, all of
the following information: (a) Course and learning activities title and
description. (b) Target audience (family foster caregivers, treatment or
medically fragile foster caregivers, pre-adoptive infant foster
caregivers). (c) Course learning objectives. (d) Training hours. (e) Course and learning activity outline. (f) Qualifications of the trainer or coach. (G) A PCPA or PNA applying to be approved to operate a
preplacement training program for persons seeking certification to operate a
pre-adoptive infant foster home is to offer training courses addressing the
required topics for a pre-adoptive infant foster home as described in rule
5101:2-5-33 of the Administrative Code. (H) A PCPA or PNA applying to be approved to operate a
continuing training program for foster caregivers certified to operate a
pre-adoptive infant foster home is to offer training courses appropriate to the
training needs of the pre-adoptive infant foster caregivers that will be
trained by the program. Such courses may include, but are not limited to, the
following: (1) Infant
care. (2) Early childhood
development, including developmentally appropriate activities. (3) Cardiopulmonary
resuscitation (CPR) and first aid. (I) A PCPA or PNA applying to be approved to operate a
preplacement training program for persons seeking certification to operate a
family foster home is to offer training courses addressing the required topics
for a family foster home as described in rule 5101:2-5-33 of the Administrative
Code. (J) A PCPA or PNA applying to be approved to operate a
continuing training program for foster caregivers certified to operate a family
foster home is to offer training courses appropriate to the training needs of
the family foster caregivers that will be trained by the program. (K) A PCPA or PNA applying to be approved to operate a
preplacement training program for persons seeking certification to operate a
specialized foster home is to offer training courses addressing the required
topics for a specialized foster home as described in rule 5101:2-5-33 of the
Administrative Code. (L) A PCPA or PNA applying to be approved to operate a
continuing training program for foster caregivers certified to operate a
specialized foster home is to offer training courses appropriate to the
training needs of the specialized foster caregivers that will be trained by the
program. Such courses are to include completion of a first aid training program
and a child and adult CPR training program such as those training programs
offered by the American red cross, the American heart association, or the
equivalent. (M) A PCPA or PNA submitting a training proposal(s) is to
comply with payment and/or reimbursement procedures outlined in rule
5101:2-5-38 of the Administrative Code. (N) A PCPA, a PNA or a consortium of such agencies
operating a preplacement training program or continuing training program
approved by ODJFS is to make the program available to prospective foster
caregivers or foster caregivers without regard to the type of recommending
agency from which a prospective foster caregiver or a foster caregiver seeks a
recommendation and without charge to the foster caregiver. A PCPA or PNA may
condition the enrollment of a prospective foster caregiver or a foster
caregiver based upon the availability of space in the training
program. (O) A regional training center of the Ohio child welfare
training program (OCWTP) operating a preplacement or continuing training
program may condition the enrollment in a preplacement or continuing training
program of a foster caregiver whose recommending agency is a PCPA or a PNA on
the availability of space in the training program. (P) A PCPA or PNA may contract with an individual or a
public or private entity to administer a preplacement or continuing training
program operated by the agency and approved by ODJFS. (Q) A public children services agency (PCSA) is not
required to submit a training proposal to ODJFS. All foster caregiver training
for prospective foster caregivers and foster caregivers recommended for
certification by a PCSA is provided or arranged by a regional training center
of the OCWTP or arranged by the PCSA with a preplacement or continuing training
program operated by a PCPA or PNA that is approved by ODJFS.
Last updated February 15, 2024 at 1:49 PM
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