This letter transmits amendments to rules and forms due to the requirements of SB 238, which was effective on September 21, 2006. 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. The department issued Child Care Manual Procedure Letter (CCMPL) No. 16 on September 28, 2006 with instructions on procedural changes to follow until rule revisions could be made effective. The rule revisions have been made and are contained in this manual transmittal letter. All changes are effective on January 1, 2007.

The law now requires county departments of Job and Family Services (CDJFS) to request information from the Public Children Services Agency (PCSA) concerning reports of abuse or neglect for an applicant for certification or recertification as a type B family child care home, for any adults residing in the type B provider's home, and for any person designated by the applicant to be an emergency or substitute caregiver. JFS 01302 "Request for Child Abuse and Neglect Report Information" was developed for use by CDJFS staff to request information from the PCSA. This form, released with CCMPL No. 16, must be completed for all of the persons named above as part of the certification or recertification process on or after September 28, 2006.

SB 238 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 must provide notice to providers and to caretakers well in advance of taking this action that affects a provider's status. In addition, families may need assistance to make alternate child care arrangements with another certified provider.

JFS 01328 "Statement of Nonconviction for Child Care Centers, Type A Homes and Type B Homes" was a new form that was included in CCMPL No. 16. This form has been revised and a new form, JFS 01329 "Statement of Nonconviction for Employees of Child Care Centers and Type A Homes, and Emergency and Substitute Caregivers of Type B Homes" has been developed. Due to a technical writing error in SB 238, a list of prohibited offenses was not added to the appropriate Revised Code section that governs child care. Until this omission is corrected, these two forms, with the revision date of 1/1/2007, must be used for the providers and other individuals as identified in the titles of the forms. The department will issue additional instructions after the Revised Code correction is made. The JFS 01328 (rev. 1/2007) must be completed by every person who makes an application as an owner or administrator of a child care center or licensed type A home and by every certified type B family home provider. The JFS 01329 (1/2007) must be completed by every employee and second adult of a child care center and type A home, emergency and substitute caregivers, and all persons eighteen years of age and older who reside in a licensed type A or certified type B home. All other nonconviction statements are obsolete, as stated in CCMPL No. 16.

The following rules have been revised:

Rule 5101:2-13-02 entitled Type A Home Types and Rule Stipulation describes the requirements for the types of type A homes. It is being amended to delete language describing a type A home.

Rule 5101:2-14-01 entitled Definitions for Certification of Type B Providers has been amended to change the definition of in-home aide by adding a restriction that the in-home aide is the only provider who can care for children in the children's own home.

Rule 5101:2-14-02 entitled Application for Professional Certification as a Type B Home Provider or In-home Aide has been amended to add the requirement that reports from the public children services agency be requested during the certification or recertification process for type B providers.

Rule 5101:2-14-04 entitled Issuance and Renewal of a Certificate for Professional Certification as a Type B Home Provider or In-home Aide has been amended to reflect the in-home aide restriction.

Rule 5101:2-14-11 entitled Offenses Prohibiting Certification as a Type B Home Limited or Professional Provider or In-home Aide has been amended to change the title and to add the BCII fraud convictions.

Rule 5101:2-14-55 entitled Application, Approval and Renewal for Limited Certification as a Type B Home Provider or In-home Aide has been amended to include the in-home aide restriction and the PCSA record check requirement.

Rule 5101:2-16-07 entitled County Department of Job and Family Services Administrative Responsibilities for Determining Eligibility for Publicly Funded Child Care Benefits has been amended to reflect the in-home aide restriction.

Rule 5101:2-16-41 entitled Reimbursement Rates for Providers of Publicly Funded Child Care has been amended to reflect the in-home aide restriction.

JFS 01301 "Child Care Convictions Statement" is being made obsolete and replaced by JFS 01328 and JFS 01329.

JFS 01313 "Statement of Nonconviction" is being made obsolete and replaced by JFS 01328 and JFS 01329.

JFS 01314 "Owners & Administrators Statement of Nonconviction" is being made obsolete and replaced by JFS 01328 and JFS 01329.

JFS 01328 "Statement of Nonconviction for Child Care Centers, Type A Homes and Type B Homes" has been amended to meet the new requirements of statute that became effective September 21, 2006.

JFS 01329 "Statement of Nonconviction for Employees of Child Care Centers and Type A Homes, and Emergency and Substitute Caregivers for Type B Homes" is a new form that will be in use until a technical writing error is corrected in the Revised Code.

JFS 01642 "Application/Inspection Form for Limited Certification" has been reformatted and the PCSA request information has been added.

JFS 01643 "Application for Type B Child Care Home and In-home Aide Certification" has been revised to change the title and to add the PCSA request information.

The Child Care Manual is located at: http://emanuals.jfs.ohio.gov The manual contains all rules, forms, transmittal letters and procedure letters that the department has issued to child care providers. A current version of this manual should be available to and utilized by staff in all child care centers and type A homes that are licensed by the Department of Job and Family Services. A current and updated copy of the manual should accessible at all times in the center or type A home.

Forms can be located at: http://www.odjfs.state.oh.us/forms/inter.asp The department will notify all child care manual holders when forms are changed and the date of the change. When forms are obsolete they should no longer be used. The old version of the form should be removed and replaced with the new one. The use of current forms is necessary in order to be in compliance with child care rules.

Please contact the Help Desk for the Office for Children and Families at 1-866-886-3537, option 4 if you have any questions.

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

* These two forms appear in this manual transmittal letter and one other manual transmittal letter that has recently been distributed. It is only necessary to follow the instructions one time to replace the JFS 01328 and to add the JFS 01329.