Appendix A - Verification of High School Education
Appendix B - Health Training Courses
Appendix C - Medical Statement Requirements for In-Home Aides
Appendix D - Professional Development Training Topics
Appendix E - Standards for Rehabilitation
(A) What are the qualifications to be
certified as an in-home aide (IHA)?
The in-home aide (IHA) shall complete all
application requirements in accordance with appendix A to rule 5101:2-14-02 of
the Administrative Code and shall meet the following qualifications:
(1) Be at least eighteen years old.
(2) Have completed a high school education
as verified by appendix A to this rule, for those individuals certified after
April 1, 2003.
(3) Be physically, intellectually and
emotionally capable of complying with Chapter 5101:2-14 of the Administrative
Code and performing activities normally related to child care. These include,
but are not limited to, providing meals, dealing with emergencies in a calm
manner, carrying out methods of child guidance and discipline in a courteous,
respectful and patient manner and keeping accurate records as required by this
chapter.
(4) Be currently certified in first aid and
cardiopulmonary resuscitation (CPR) as described in appendix B to this rule.
(5) Maintain current training in management
of communicable disease as described in appendix B to this rule.
(6) Maintain a current training in six-hour
child abuse recognition and prevention as described in appendix B to this rule.
(7) Maintain a copy of the certificate in
his or her files.
(8) Not be involved in any other employment
during the hours in which care is provided.
(9) Not use or disclose any information
concerning the family receiving publicly funded child care to anyone other than
the county agency or the Ohio department of job and family services (ODJFS),
except upon written consent of the parent.
(10) Submit verification that he or she meets
the medical statement requirements detailed in appendix C to this rule.
(B) What are the on-going professional
development requirements for IHA?
Complete a minimum of six clock hours of
training annually in any of the categories listed in appendix D to this rule
each fiscal year. The fiscal year is defined July first through June thirtieth.
(C) What records are included in a
background check?
(1) Bureau of criminal investigation (BCI)
records pursuant to section 5104.013 of the Revised Code.
(2) Federal bureau of investigation (FBI)
records pursuant to section 5104.013 of the Revised Code.
(3) National sex offender registry.
(4) State sex offender registry.
(5) Statewide automated child welfare
information system (SACWIS) records.
(D) When is a background check required?
(1) At application.
(2) Every five years from the date of the
most recent background check.
(E) How is a background check obtained?
The in-home aide shall:
(1) Complete and submit the JFS 01175
"Reguest for a Background Check for Child Care" (10/2017) to the Ohio
department of job and family services (ODJFS) or the Ohio professional
development registry (OPR) system generated equivalent,
(2) Submit fingerprints electronically
according to the process established by BCI and have the BCI and FBI results
sent directly to ODJFS. Information on how to obtain a background check can be
found at
http://www.ohioattomeygeneral.gov/Business/Services-for-Business/WebCheck.
(3) Create a profile in the OPR.
(4) An in-home aide certified prior to the
effective date of this rule shall sumbit to ODJFS the JFS 01175 and create a
profile in the OPR by January 1, 2018.
(F) What if an IHA previously resided in a
state other than Ohio?
(1) ODJFS will contact any states in which
the individual resided in the previous five years to request the information
required in paragraph (C) of this rule.
(2) Any information received from other
states will be reviewed and considered by ODJFS as part of the background check
review pursuant to paragraph (G) of this rule.
(G) What makes an IHA ineligible for
certification?
(1) A conviction or guilty plea to an
offense listed in division (A)(5) of section 109.572 of the Revised Code.
unless the individual meets the rehabilitation criteria in appendix E to this
rule.
(a) Section 109.572 of the Revised Code
requires that this rule applies to records of convictions that have been sealed
pursuant to section 2953.32 of the Revised Code.
(b) A conviction of or a plea of guilty to
an offense listed in division (A)(5) of section 109.572 of the Revised Code is
not prohibitive if the individual has been granted an unconditional pardon for
the offense pursuant to Chapter 2967. of the Revised Code or the conviction or
guilty plea has been set aside pursuant to law. For purposes of this rule.
"unconditional pardon" includes a conditional pardon with respect to
which all conditions have been performed or have transpired.
(2) Being registered or required to be
registered on the national or state sex offender registry or repository.
(3) The IHA is identified in SACWIS as the
perpetrator for a substantiated finding of child abuse or neglect in the
previous ten years from the date on the JFS 01175 or the IHA has had a child
removed from their home in the previous ten years pursuant to section 2151.353
of the Revised Code due to a court determination of abuse or neglect caused by
the IHA.
(H) What happens after ODJFS completes the
background check on an IHA?
(1) The county agency will receive the JFS
01176 "Program Notification of Background Check Review for Child
Care" (10/2017) from ODJFS.
(a) For an IHA eligible for employment, the
county agency shall keep the JFS 01176 on file if the individual is certified.
(b) For an IHA not eligible for employment,
the county agency shall deny the certification pursuant to rule 5101:2-14-06 of
the Administrative Code immediately upon receipt of the JFS 01176.
(2) The IHA will receive the JFS 01177
"Individual Notification of Background Check Review for Child Care"
(10/2017) from the ODJFS.
(a) If the IHA believes the information
received is not accurate, the IHA may directly contact the agency that
contributed the questioned information.
(b) If the IHA disagrees with the decision
made by ODJFS, a JFS 01178 "Request for Review of Background Check
Decision for Child Care" (10/2017) shall be completed to request a review
of the decision.
(I) What happens after an IHA submits a
JFS 01178 to ODJFS?
If an IHA requests a review of a
background check decision pursuant to paragraph (H)(2)(b) to this rule:
(1) An IHA who is certified shall not serve
children during the review.
(2) Once a determination is made, ODJFS
will send an updated JFS 01176 to the county agency and an updated JFS 01177 to
the IHA.
(3) If the IHA is determined to be eligible
for employment, the county agency may allow the IHA to be certified and shall
keep the updated JFS 01176 on file pursuant to paragraph (H)(1)(a) to this
rule.
(J) What are the background check
requirements when an IHA adds a family or changes the family associated with
the certification?
(1) Only the JFS 01175 is required if the IHA
meets all of the following:
(a) The iIHA has a current background check
determination by ODJFS completed in the previous five years pursuant to this
rule.
(b) The IHA has been employed by a child
care center, type A home, type B home, approved day camp, a preschool or
school-age program approved to provide publicly funded child care or certified
as an in-home aide in the previous one hundred eighty consecutive days.
(2) Upon receipt of the updated JFS 01175,
ODJFS will send the JFS 01177 based on the existing background check
determination to the county agency.
Replaces: 5101:2-14-03
Effective: 10/29/2017
Five Year Review (FYR) Dates: 10/29/2022
Certification: CERTIFIED ELECTRONICALLY
Date: 10/12/2017
Promulgated Under: 119.03
Statutory Authority: 5104.019, 5104.013
Rule Amplifies: 5104.013, 5104.019
Prior Effective Dates: 4/1/82, 5/20/83, 10/1/83, 9/1/86,
2/15/88, 5/1/89, 7/1/95, 3/15/96, 10/15/96, 10/1/97 (Emer.), 12/30/97, 1/1/01,
4/1/03, 8/14/08, 8/3/13, 1/1/14, 11/1/15, 12/31/16