As a result of the passage of Amended Substitute SB 238 of the 126th General Assembly, changes have been made to the Revised Code (RC) that affect the publicly funded child care program. A copy of the Act and an analysis of the new legislation is available at: http://www.legislature.state.oh.us/bills.cfm?ID=126_SB_238.

SB 238 is effective on September 21, 2006. The department is revising Administrative Code (OAC) rules in order to comply with the new provisions of statute. These revised rules are expected to be effective January 1, 2007. This procedure letter is being issued to provide instruction and information to state and county staff for implementing the changes in statute prior to the issuance of the amended rules. This letter contains policies and forms that are effective as of the date of this letter.

Provisions of the new law require that the County Department of Job and Family Services (CDJFS) obtain information from the Public Children Service Agency (PCSA) concerning reports of abuse or neglect for applicants for certification as a type B family child care home providers, for other adults residing in the type B applicant's home and for any person designated by the type B applicant to be an emergency or substitute caregiver. JFS 01302 "Request for Child Abuse and Neglect Report Information" is a new form for use by CDJFS staff to request information from the PCSA. This form shall be completed for all of the persons named above as part of the certification or recertification process on or after the date of this letter.

SB 238 also requires the Bureau of Criminal Identification and Investigation (BCII) to determine if an adult residing in a licensed type A home or a certified type B family child care home, or a person who is an applicant for employment in a child care center or type A home has ever been convicted of or pleaded guilty to the offenses of theft, Medicaid fraud or identity fraud. JFS 01328 "Statement of Nonconviction for Child Care Centers, Licensed Type A Homes and Certified Type B Homes" is a new form which replaces the JFS 01301, JFS 01313, and the JFS 01314. This form must be completed by every person who makes an application as an owner, administrator or employee of a child care center or licensed type A home, by every certified type B family home provider, and all persons eighteen years of age and older who reside in a licensed type A or certified type B home, as well as emergency and substitute caregivers, on or after the date of this letter. On or after the date of this letter this form will be the only nonconviction statement that should be used for all persons required to complete one.

SB 238 also amended the definition of in-home aide by adding a restriction that an in-home aide is the only provider who can be reimbursed for caring for a child in the child's own home. This means that a licensed type A provider or certified type B provider cannot be reimbursed for caring for a child when the provider lives in the same home as the child. This policy change does not affect a caretaker's eligibility for child care benefits.

All cases in which a provider is now caring for a child in the child's home must be reviewed and corrected no later than July 1, 2007. The CDJFS must determine if the provider is an in-home aide. If not, the caretaker and the provider must be notified that the county will discontinue reimbursement on July 1, 2007 for care by this provider in the child's home. Counties are encouraged to provide notice to caretakers and providers well in advance of taking action affecting a provider's status. In addition, families may need assistance to make alternate child care arrangements.

Procedure Letter No. 10

Procedure Letter No. 10, dated April 28, 2004, is rescinded. The department has been unable to implement the process of notification to child care providers as described. Providers will be advised when a new system is developed.

JFS 01137

JFS 01137 has been revised to comply with recent rule changes in the Medicaid program.

If you have any questions regarding this letter, please contact the Bureau of Child Care and Development, Policy and Evaluation Section at (614) 466-7762.

INSTRUCTIONS: The following chart identifies the material that needs to be removed from and inserted into the Child Care Manual (CCM).