(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, pursuant to paragraph (C) of this rule
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. ofThis 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)Notification required by paragraph (B)
of this rule shall be on the JFS 01315 "Notification of Denial of Initial
Certification, Recertification or Revocation of a Foster Home Certificate"
(rev. 1/2003).
(D)(C)Following the completion of the requirements of
paragraph (B) of this rule, and subject to paragraph (F)
of this rule, the agency shall notify ODJFS of its recommendation to
deny initial certification, deny recertification or revoke the certificate on a JFS 01317 "Recommendation for
Certification/Recertification of a Foster Home" (rev. 1/2003) 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.
(E)(D)Upon receipt of the JFS
01317 required in paragraph (D) of this rule or notification of the
recommendation submitted in paragraph (F)(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.
(F)If an agency has access to the statewide
automated child welfare information system (SACWIS), the agency shall recommend
the denial of initial certification, denial of recertification or revocation of
the certificate through SACWIS. A JFS 01317 shall not be completed.
(G)(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.
(H)(F)The decision to proceed or not proceed with a
recommendation for denial or revocation rests solely with ODJFS in its exercise
of discretion.
(I)(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.
(J)(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.
Effective: 4/1/2022
Five Year Review (FYR) Dates: 1/3/2022 and 04/01/2027
Certification: CERTIFIED ELECTRONICALLY
Date: 03/21/2022
Promulgated Under: 119.03
Statutory Authority: 5103.03
Rule Amplifies: 5103.02, 5103.03
Prior Effective Dates: 12/30/1966, 10/01/1986, 02/01/1988,
07/02/1990 (Emer.), 10/01/1990, 01/01/1991, 09/18/1996, 07/01/2000, 01/01/2003,
12/11/2006, 10/01/2011, 03/01/2017