(A)What are the
county agency requirements for compliance inspection inspections and complaint investigation
investigations of an in-home aide (IHA)?
(1)The county shall conduct at least one
compliance inspection annually.
(1)(2) The county agency shall investigate any
complaints against an IHA. The county agency may inspect the IHA home as part
of the complaint investigation.
(2)(3) Investigations of all complaints shall begin
within five business days of receipt of a complaint by the county agency, unless
the complaint falls under paragraph (B) of this rule.
(3)(4) For each compliance
inspection or complaint investigation, the county agency shall complete
the JFS 01533 "In-Home Aide Inspection" (rev. 10/2017) and furnish
one copy to the IHA before the county agency staff leaves the home. If
additional information is added to the report or it is revised in any way, the
county agency shall send a copy of the report JFS 01533 to the IHA within five business days of the
date of the addition or revision.
(4)(5) If a JFS 01533 is completed as part of an
investigation conducted by telephone, the county agency shall send a copy of
the reportJFS 01533
to the IHA within five business days of the initial telephone contact. If
additional information is added to the report or it is revised in any way, the
county agency shall send a copy of the report JFS 01533 to the IHA within five business days of the
date of the addition or revision.
(5)(6) The county agency shall submit electronic
copies of each inspection the
JFS 01533 to the Ohio child care licensing and quality system (OCLQS)
within seven business days of completion.
(B)What are
additional county agency requirements for complaint investigations?
(1)If the
complaint alleges immediate risk to children, the county agency shall begin the
investigation within one business day of receipt of the complaint.
(2)If the
complaint alleges child abuse or neglect, the county agency shall immediately
report the complaint to the public children services agency (PCSA). The oral report
shall be followed with a written report to the PCSA, if requested by the PCSA.
The written report shall contain the following:
(a)A summary of
the allegations.
(b)The name of
the reporter, unless anonymity is requested.
(c)A summary of
the actions taken by the county agency or plans to initiate an investigation of
noncompliance with the regulations contained in Chapter 5101:2-14 of the
Administrative Code.
(d)A request of
clarification of joint or parallel investigatory roles.
(3)A PCSA investigation
does not relieve the county agency of its responsibility to investigate IHA
noncompliance with regulations contained in Chapter 5101:2-14 of the
Administrative Code unless the PCSA indicates that the county agency complaint
investigation would interfere with the PCSA's investigation of the case.
(4)The county
agency, after removal of confidential information, shall provide a copy of the
JFS 01642 "In-Home Aide Assurances" (rev. 10/2017) to anyone who
submits a request to the county agency. Inspection reports shall be kept on
file at the county agency.
Effective: 10/20/2019
Five Year Review (FYR) Dates: 6/10/2019 and 10/20/2024
Certification: CERTIFIED ELECTRONICALLY
Date: 10/10/2019
Promulgated Under: 119.03
Statutory Authority: 5104.019
Rule Amplifies: 5104.019, 5104.12
Prior Effective Dates: 04/01/1982, 05/20/1983, 09/01/1986,
02/15/1988, 05/01/1989, 11/01/1991 (Emer.), 01/20/1992, 03/15/1996, 10/01/1997
(Emer.), 12/30/1997, 04/01/2003, 04/10/2003, 08/14/2008, 11/15/2010,
07/01/2011, 12/31/2016, 10/29/2017