Background: The Office of Family Assistance has completed a five-year review of In-Home Aide (IHA) rules contained in Chapter 5101:2-14 of the Ohio Administrative Code. The certification rules below have been reviewed to ensure that ODJFS is only mandating essential health and safety requirements and not including requirements that could inhibit small business in Ohio. Rules were revised in compliance with Section 121.95 of the Ohio Revised Code requiring the department to remove at least two regulatory restrictions for each new regulatory restriction added in the rules and to meet federal requirements. Additionally, the rules were revised to meet federal requirements, remove duplicative requirements and revision dates from form citations, and to provide clarification for IHA's.

These rules will be effective on October 29, 2021.

Amended Rules:

5101:2-14-02 "Application and approval for certification as an in-home aide" outlines the requirements for application and approval for an in-home aide. This rule has been amended to make the following changes: 

• Clarified general language and corrected grammatical errors throughout the rule
• Corrected the link for the Ohio Child Licensing and Quality System (OCLQS)
• Clarified that an IHA is the sole provider of care in a child’s home
• Added language that an IHA can care for no more than two of his or her own children in the child’s home as currently noted on the JFS 01642 "In-Home Aide Assurances"
• Added language that the total group size in a child’s home cannot exceed six children at any one time and that no more than three of the children can be under two years of age to meet federal requirements
• Clarified that the provider agreement is entered into OCLQS
• Clarified that documents listed in appendix A of the rule are uploaded with the application

Appendix A has been amended as follows: 

• Removed revision date from the JFS 01642 "In-Home Aide Assurances"
• Replaced "JFS 01175 "Request for Background Check for Child Care" form with "request for a background check"

5101:2-14-03 "Qualifications for certification as an in-home aide" outlines the certification requirements for an in-home aide. This rule has been amended to make the following changes: 

• Clarified general language throughout the rule
• Added that an IHA who meets the health trainer requirements in appendix B also meets the health training requirements outlined in rule
• Added that audiovisual or electronic media training is not to be used to meet cardiopulmonary resuscitation (CPR) training unless there is an in-person component
• Added that audiovisual or electronic media training may be used to meet the required six hours of annual professional development training
• Added language to mirror appendix A to this rule which states that an IHA has written documentation on file of current immunization against tetanus, diphtheria and pertussis (Tdap)
• Restructured and clarified the steps for obtaining a background check to mirror the current process
• Added new paragraph (F) to explain what happens when an individual does not complete the full background check determination process
• Replaced "employment" with "certification"
• Added that the JFS 01178 "Request for Review of Background Check Decision for Child Care" is submitted within fourteen business days from the date on the JFS 01177 "Individual Notification of Background Check Review for Child Care"
• Clarified when an IHA must complete an updated background check
• Corrected the reference to the "JFS 01177" with "JFS 01176"
• No changes were made to Appendix A to rule 2-14-03

Appendix B has been amended as follows: 

• Clarified general language and corrected punctuation throughout the appendix
• Clarified the course content for health trainings and who can conduct health trainings
• Clarified that the CPR curriculum is to be appropriate for the age and developmental levels of the children in care
• Changed "approved health organization" to "training organization"
• Clarified that ODJFS prescribes the course content for communicable disease
• Removed annual three-hour course review for updating management of communicable disease
• Removed six-hour requirement for child abuse recognition and prevention
• Added the topic of race, equity, and diversity including how implicit biases may impact reporting to the course content for child abuse recognition and prevention training
• Removed three-hour course review for updating child abuse recognition and prevention
• Added licensed athletic trainer to the list of FA trainers
• Replaced "authorized first aid trainer for an approved health organization" with "currently certified first aid trainer"
• Removed "authorized communicable disease trainer for an ODJFS approved health organization" from approved management of communicable disease trainers
• Added new types of communicable disease trainers: PA, APRN, CNP, emergency medical services instructor, and current trainer employed by local health department

Appendix C has been amended as follows: 

• Added Chapter 4731. of the Revised Code
• Changed "family child care home" to "in-home aide"
• Clarified requirements for the Tdap booster to match this rule
• Clarified that a licensed physician, physician’s assistant (PA), advanced practice registered nurse (APRN), certified nurse midwife, certified nurse practitioner (CNP) or licensed pharmacist administers the tetanus, diphtheria, and pertussis (Tdap) immunization
• Clarified immunization exemptions

Appendix D has been amended as follows: 

• Clarified appendix language and correct typographical errors throughout the appendix
• Added to the list of approved professional development trainers: an individual that currently
• serves in a professional capacity, for at least two years, that directly relates to the subject of the training as it pertains to his or her professional role and shall only train within the jurisdiction of his or her job to mirror other rule chapters

Appendix E has been amended as follows: 

• Replaced "applicant, employee, owner or administrator of a licensed child care center" with "an applicant or in-home aide"

5101:2-14-04 "In-home aide responsibilities and assurances" outlines the responsibilities and assurances for in-home aides. This rule has been amended to make the following changes: 

• Clarified general language and correct typos throughout the rule
• Clarified that smoking is not permitted in any areas of the home
• Changed "perform duties" to "supervise children who are present"
• Added that to meet federal requirements, an IHA is to identify and protect children from vehicular traffic
• Added language that an IHA provides information on formal screenings and assessments conducted on children served
• Clarified that cooperation with other government agencies is a requirement of Chapter 5101:2-14
• Added that the child’s parent should review the JFS 01234 "Child Enrollment and Health Information for Child Care" at least annually and update it as needed when information changes
• Clarified that the date of a child’s medical examination is to be no more than 12 months prior to the date the form is signed
• Added language for immunization records to meet federal requirements
• Clarified that the child’s parent should sign the JFS 01236 "Child Medical/Physical Care Plan for Child Care"
• Added that the JFS 01236 can be removed from the home when a child is transported on a routine basis or for field trips
• Added that to meet federal requirements, the written disaster plan is to be dated and reviewed annually with the parent
• Changed "annual" fire drills to "monthly" fire drills
• Added that monthly weather emergency drills are to be conducted to meet federal requirements
• Clarified language for requesting a county review for adverse actions
• No changes were made to Appendix A or Appendix B to rule 2-14-04

5101: 2-14-05 "Safe and sanitary requirements for in-home aides" outlines the safe and sanitary requirements for in-home aides. This rule has been amended to make the following changes: 

• Clarified general language throughout the rule
• Clarified that incidents are to be reported in the Ohio Child Licensing Quality System (OCLQS)
• Clarified conditions for reporting serious incidents, injuries, or illnesses to mirror other rule chapters
• Clarified that weapons are to be inaccessible to children and defined types of weapons
• Clarified that safety guards are not required on electrical outlets if the child's home serves school-age children only
• Added a new appendix A that contains the handwashing requirements for the IHA and children in care

5101:2-14-06 "County agency responsibilities for the issuance and renewal for in-home aide certification" outlines the requirements of the county agency for the issuance and renewal for in-home aide certification. This rule has been amended to make the following changes: 

• Clarified general language and corrected typos throughout the rule
• Added a reference to the rehabilitation standards in Appendix E to rule 5101:2-14-03

Appendix A has been obsoleted: 

• The rehabilitation standards are duplicative to Appendix E in 5101:2-14-03

Revised Forms:

JFS 01217 "Request for Administration of Medication For Child Care" has been revised to clarify when it needs to be completed, allow more space for writing in each field, and to revise signature boxes.

JFS 01234 "Child Enrollment and Health Information For Child Care" has been revised to improve formatting, add a checkbox for use if information is the same as the child's, and create more space for answering additional information questions.

JFS 01236 "Child Medical/Physical Care Plan for Child Care" has been revised to allow more space for writing in each field, to separate all the questions on the form into their own fields, and to provide a space for parent and certified personal trainer signatures.

JFS 01276 "Health Training Documentation for Child Care" has been revised to clarify language and improve formatting, require training-exempt individuals to show proof of certification that verifies trainer requirements have been met, clarify documentation of trainer requirements, update contact information fields for the trainer, and to add rule 5101:2-18-08 to the form.

JFS 01533 "In-Home Aide Inspection" has been revised to clarify general language and to add compliance items to rules: Application and Approval Requirements, Provider Qualifications and Responsibilities, Training Requirements, Outdoor Play, Care of Child with Special Needs or Health Conditions, Safety and Supervision of Children, and Safe and Sanitary Equipment. The additional compliance items and revisions provide consistency with the rules of this chapter and includes:

• Changed "Annual Compliance" to "First Year Inspection" for clarification
• Changed "Recertification' to "Second Year/Recertification Inspection" for clarification
• Added "Change of Address (same family)" for clarification
• Added "Child's Home Address (location of child care)" in Section I for clarification
• Added requirement for immunization record if child not enrolled in public or nonpublic school
• Added ratio and maximum group size requirements in Section II to meet federal requirements
• Added H.S. education to Section II for consistency
• Added items for administration of medication procedures, handwashing, meals and snacks, transportation, communication method, and fire and weather emergency drills for consistency

JFS 01642 "In-Home Aide Assurances" has been revised to clarify general language, correct typographical errors, improve formatting, and for consistency with the rules of this chapter and includes:

• Added "Change of Address (same family)" for clarification
• Added that IHA's own children should be listed Section II for days and hours of care
• Added ratio and maximum group size requirements in Section II to meet federal requirements
• Removed the reference to the JFS 01175 "Request for a Background Check for Child Care" to mirror the current process
• Added a statement that it is unlawful for an IHA to discriminate in the enrollment of children upon the basis of race, color, religion, sex or national origin or disability and includes information on how to file a discrimination complaint in Section VI and complaint contact information to meet federal requirements

Implementation:

The most recent version of all ODJFS forms referenced in these rules can be accessed through Forms Central. Revised forms are to be utilized beginning on October 29, 2021. The following JFS forms that are completed and on file at the program do not need to be converted to the new forms until they expire or require an update, whichever comes first. This includes: JFS 01217, JFS 01234, and the JFS 01236. Previously dated versions of the JFS 01276 will not be accepted for training completed on or after May 1, 2022.

Questions:

Please contact the Child Care Policy Helpdesk at childcarepolicy@jfs.ohio.gov or 1-877-302-2347, option 4, if you have any questions.