Background:

The Office of Family Assistance is amending child care center rules pertaining to background checks as a result of the Child Care Development Block Grant Act (CCDBG) of 2014.  Federal law requires the following five background checks be completed for each individual who owns, works or applies to work in a child care program:

• Bureau of Criminal Investigation (BCI)
• Federal Bureau of Investigation (FBI)
• National Sex Offender Registry
• State Sex Offender Registry
• Statewide Automated Child Welfare Information System (SACWIS).

Law requires that all background check results be reviewed by the Ohio Department of Job and Family Services (ODJFS).  In addition, individuals will no longer be required to complete new background checks if they change employers within a specified timeframe.

The following rules and forms will be effective October 29, 2017. 

New rule:

5101:2-14-03 "Qualifications for certification as an in-home aide" has been replaced as a new rule due to the number of revisions and rearrangement of the paragraphs and to update the appendix to include language regarding sealed records.  This rule outlines the qualification, training and new background check requirements that must be completed before being certified as an in-home aide. 

Amended rules:

5101:2-14-01 "Definitions for certified in-home aides" defines the terms used throughout the chapter of in-home aide certification rules.  This rule has been amended to add language to the definition of child care.

5101:2-14-02 "Application and approval for certification as an in-home aide" sets forth the application process to become certified as an in-home aide.  This rule has been amended to update the background check requirements.

5101:2-14-04 "In-home aide responsibilities and assurances" sets forth the responsibilities and assurances for the in-home aide and the parent.  This rule has been amended to update the revision date for the JFS 01642.

5101:2-14-06 "County agency responsibilities for the issuance and renewal for in-home aide certification" sets forth the procedure for the county agency for the issuance and renewal of in-home aide certifications.  This rule has been amended to update the background check process by removing the county agency responsibility and to update the revision date for the JFS 01533.

5101:2-14-07 "County agency responsibility for compliance and complaint investigation for an in-home aide" sets forth the procedures for the county agency for compliance and complaint investigations for in-home aides. This rule has been amended to update the revision dates for the JFS 01533 and JFS 01642.

New forms:

JFS 01175 "Request for a Background Check for Child Care" is a new form that will be used by individuals to request a background check to work in child care.

JFS 01176 "Program Notification of Background Check Review for Child Care" is a new form that will be used to inform the county agency of background check results for IHAs.

JFS 01177 "Individual Notification of Background Check Review for Child Care" is a new form that will be used to inform individuals if the results of their background check allow them to be an IHA.

JFS 01178 "Request for Review of Background Check Decision for Child Care" is a new form that will be completed by an individual to appeal the results of their background check.

Amended forms:

JFS 01533 "In-Home Aide Inspection" is being amended to reflect the new requirements for background checks under rule 5101:2-14-03.

JFS 01642 "In-Home Aide Assurances" is being amended to reflect the new requirements for background checks under Section V.

Obsolete forms:

JFS 01302 "Request for Child Abuse and Neglect Report Information for Child Care"

JFS 01328 "Statement of Nonconviction for Child Care"

Implementation:

New IHA

Any in-home aide that applies for certification after the effective date of this rule shall follow the new background check process. 

Current IHA

All current IHAs, as of the effective date of the rules, will be phased-in to the new process.

Each IHA shall send the JFS 01175 to CCBackgroundCheck@jfs.ohio.gov by January 1, 2018.

Each county agency shall send copies of the current BCI and FBI results on file for the IHA.

If an IHA's BCI or FBI checks expire prior to January 1, 2018, that individual will follow the entire new process for background checks by the expiration date of the checks.

ODJFS will use these results along with the results from new child abuse and neglect checks and state and national sex offender registry checks to determine if the individual is eligible for continued certification as an IHA.

Please contact the Child Care Policy Helpdesk at 1-877-302-2347, option 4, if you have any questions.