(A)What are the county agency
responsibilities for certifying an in-home aide (IHA)?
(1)The county agency is to accept and
approve or deny all applications for certification as an IHA within one hundred
twenty days from the date the application is submitted in the Ohio child
licensing and quality system (OCLQS).
(2)If the parent and IHA applicant need
help in completing the forms, the county agency is to provide assistance.
(3)The county agency is to conduct a
pre-certification inspection at the home of the parent to verify compliance.
(4)The county agency is to issue a
certificate when the county determines the IHA is in compliance with Chapter
5104. of the Revised Code and Chapter 5101:2-14 of the Administrative Code.
(5)The county agency is to provide a copy
of the certificate to the parent of a child receiving in-home aide services.
(6)The county agency is to comply with
Chapter 5104. of the Revised Code and Chapter 5101:2-14 of the Administrative
Code.
(B)When is the county agency to renew a
certificate?
The county agency is to renew a
certificate when all of the following are met:
(1)The IHA has submitted a renewal
application in OCLQS.
(2)The parent and IHA complete a new JFS 01642 "In-Home Aide Assurances."
(3)The county agency conducts a renewal
home inspection.
(4)It is determined the IHA remains in
compliance with Chapter 5101:2-14 of the Administrative Code.
(C)What are the additional county agency
responsibilities for compliance inspections?
(1)The county agency is to conduct an
annual, unannounced inspection beginning the next fiscal year after the
issuance or renewal of an IHA certificate.
(2)The county agency is to conduct an
inspection within ten days of notification that the parent has moved to a new
address.
(D)What are the county agency
responsibilities for complaint investigations of an IHA?
(1)Document the complaint in OCLQS on the
same day the complaint is received.
(2)The county agency is to investigate any
complaints against an IHA. The county agency may inspect the IHA home as part
of the complaint investigation.
(3)If the complaint alleges immediate risk
to children, the county agency is to begin the investigation within one
business day of the receipt of the complaint.
(4)If the complaint does not allege
immediate risk to children, the county agency is to begin the investigation
within five business days of the receipt of the complaint.
(5)Complaints alleging child abuse and
neglect are to be immediately reported to the public children services agency
(PCSA). The county agency is to follow PCSA instructions if additional
information is needed.
(6)A PCSA investigation does not relieve
the county agency of its responsibility to investigate IHA noncompliance with
regulations contained in Chapter 5101:2-14 of the Administrative Code. The
county agency is to work with the PCSA to ensure the county agency
investigation does not interfere with the PCSA investigation.
(E)What does the county agency do if it is
determined the IHA is not in compliance?
(1)If the county agency determines that the
IHA is not in compliance with Chapter 5101:2-14 of the Administrative Code or
Chapter 5104. of the Revised Code, the county agency may revoke the
certificate.
(2)Upon revocation of a certificate, the
county agency is to notify the IHA of their right to appeal the decision to
revoke the certificate and request a county appeal review in accordance with
procedures outlined in paragraph (F) of this rule.
(3)The voluntary surrender of a certificate
to the county agency is not to prohibit the county agency from revoking a
certificate pursuant to this paragraph of this rule.
(4)If the parent whose child is receiving
IHA services fails to cooperate with the county agency or to comply with this
chapter and Chapter 5104. of the Revised Code, the county agency is to deny or
terminate the IHA arrangement, revoke the IHA certificate and inform the parent
of alternative child care options.
(5)If the IHA certification is revoked,
another IHA certification is not to be issued to the IHA until five years have
elapsed from the date the certification was revoked.
(F)What is the process if an IHA requests a
county review of a non-compliance finding or revocation of the IHA certificate?
(1)If the IHA requests a review, the
following steps are to be followed:
(a)The county agency is to schedule a
county review within fifteen business days of receipt of a written request to
review a non-compliance finding and notify the IHA in writing of the time, date
and place of the review.
(b)The individual responsible for
conducting the county review is not to be someone who was a party to the
decision that is the subject of the review.
(c)The IHA is to have the opportunity to
present his or her case and examine the contents of the case file that are
relevant to the county agency decision to revoke or deny the certification.
(d)The county agency is responsible for
preparing and issuing a written decision to the IHA within ten business days
from the date of the county review. The decision is to include the following
information:
(i)The action which was appealed.
(ii)Finding of facts.
(iii)Citation and summarization of relevant
Administrative Code rules which support the facts established.
(iv)Outcome of the appeal on each issue
addressed.
(2)The county decision is final and no
further action can be taken by the IHA.
(G) What are the county agency responsibilities
for maintaining documentation?
(1)The county agency is to enter and update
all IHA certification and inspection documentation in the Ohio child licensing
and quality system (OCLQS), and provide an electronic copy of the inspection to
the IHA.
(a)Compliance inspections and complaint
investigations within seven days from the date of inspection.
(b)Updates to inspections within seven days
of the update.
(c)Review of compliance materials within
twenty business days of submission.
(2)The JFS 01642 "In-Home Aide
Assurances" is to be maintained in OCLQS. The county agency, after removal
of confidential information, is to provide a copy of the JFS 01642 to anyone
who submits a request to the county agency.
(3)The county agency is to maintain an electronic
or paper case file on all certified in-home aides. The following certification
documents are to be included in each in-home aide's file using the following
retention schedule for open certifications:
(a)The application for certification and
all supporting documentation (for the life of the certification), unless the
information is in OCLQS.
(b)Inspection reports not documented in
OCLQS (for five years from the date of the report).
(c)All correspondence with the IHA or
regarding the certification (for five years from the date of correspondence).
(d)Compliance materials not documented in
OCLQS (for five years from the date of the materials).
(e)Copies of all written notices to the IHA
(for five years from the date of the notices).
(f)Valid copies of the JFS 01176
"Program Notification of Background Check Review for Child Care" for
the IHA, (replace after expiration for the life of the certification), if not
in the Ohio professional registry (OPR).
(4)If a certification is ended or revoked,
the county agency is to maintain the IHA file and all contents for two years
after the date the certification is ended or revoked.
(H)What information can a county agency
publicly share regarding an IHA?
(1)Except as provided in paragraphs (H)(2)
and (H)(3) of this rule, the county agency is not to disseminate confidential
information which includes, but is not limited to, the following:
(a)Child abuse and neglect investigative
records, pursuant to section 2151.421 of the Revised Code and rule 5101:2-33-21
of the Administrative Code.
(b)The identity of an information source or
witness to whom confidentiality has been reasonably promised.
(c)Any information, when such information
would reasonably tend to disclose the identity of one to whom such
confidentiality has been reasonably promised.
(d)IHA medical records pertaining to the
medical history, diagnosis, prognosis, or medical condition of the provider,
which are generated and maintained in the process of medical treatment, except
as authorized by section 1347.08 of the Revised Code, if requested by the
subject of the report.
(2)The county agency is responsible for
sharing all IHA, client, and fiscal information with ODJFS during the course of
a monitoring review of its certification program or when ODJFS is investigating
a complaint involving the county agency.
(3)As needed, the county agency is to share
information with the PCSA or a law enforcement agency concerning an
investigation of alleged child abuse or neglect.
(4)When information is disseminated, the
following is to be documented in the IHA's record:
(a)Date information was disseminated.
(b)Agency, organizations, or individual to
whom information was disseminated.
(c)Reason for dissemination.
(d)Specific information disseminated.
(I)May the county have additional
requirements that exceed the in-home aide certification standards in Chapter
5101:2-14 of the Administrative Code?
The county agency is not to have
additional requirements for certifying IHAs.
Replaces: 5101:2-14-06, 5101:2-14-07
Effective: 11/12/2023
Five Year Review (FYR) Dates: 11/12/2028
Certification: CERTIFIED ELECTRONICALLY
Date: 11/02/2023
Promulgated Under: 119.03
Statutory Authority: 5104.019
Rule Amplifies: 5104.019, 5104.12
Prior Effective Dates: 04/01/1982, 05/20/1983, 09/01/1986,
02/15/1988, 05/01/1989, 11/01/1991 (Emer.), 01/20/1992, 07/01/1995, 03/15/1996,
10/01/1997 (Emer.), 12/30/1997, 04/01/2003, 04/10/2003, 01/01/2007, 08/14/2008,
12/01/2009, 11/15/2010, 07/01/2011, 08/03/2013, 01/01/2014, 12/31/2016,
10/29/2017, 12/01/2019