Foster Care Licensing
5101:2-5-03 Certification of an Agency to Perform Specific Functions
Effective Date: October 15, 2021
Most Current Prior Effective Date: July 1, 2016

(A)Specific functions of a public children services agency (PCSA) which require certification by the Ohio department of job and family services (ODJFS) are:

(1)To operate children's residential center(s).

(2)To operate group home(s).

(3)To operate residential parenting facilities.

(4)To operate children's crisis care facilities.

(B)Functions performed by a PCSA that do not require certification by ODJFS shall comply with the Administrative Code rules applicable to the functions performed. ODJFS may take any appropriate action permitted under division (D) of section 5101.24 of the Revised Code for noncompliance with applicable rules.

(C)Specific functions of a private child placing agency (PCPA) which require certification by ODJFS are:

(1)To operate children's residential center(s).

(2)To operate group home(s).

(3)To operate or provide independent living arrangements.

(4)To operate residential parenting facilities.

(5)To operate children's crisis care facilities.

(6)To act as a representative of ODJFS in recommending pre-adoptive infant foster homes for certification.

(7)To act as a representative of ODJFS in recommending family foster homes for certification.

(8)To act as a representative of ODJFS in recommending treatment foster homes for certification.

(9)To act as a representative of ODJFS in recommending medically fragile foster homes for certification.

(10)    To accept temporary, permanent or legal custody of children.

(11)    To place children for foster care or adoption.

(D)Specific functions of a private noncustodial agency (PNA) or a local public entity that is not a PCSA which require certification by ODJFS are:

(1)To operate children's residential center(s).

(2)To operate group home(s).

(3)To operate or provide independent living arrangements.

(4)To operate residential parenting facilities.

(5)To operate children's crisis care facilities.

(6)To operate private, nonprofit therapeutic wilderness camp(s).

(7)To act as a representative of ODJFS in recommending pre-adoptive infant foster homes for certification.

(8)To act as a representative of ODJFS in recommending family foster homes for certification.

(9)To act as a representative of ODJFS in recommending treatment foster homes for certification.

(10)    To act as a representative of ODJFS in recommending medically fragile foster homes for certification.

(11)    To participate in the placement of children in foster homes or for adoption.

(E)A certificate issued by ODJFS is valid for two years unless revoked sooner. ODJFS may extend a certification span up to six months. An extension request is to be made no less than one hundred twenty days prior to the end date of the current certificate. An extension may be approved for either of the following if both the agency and ODJFS are in agreement:

(1)An agency requests an extension due to agency need.

(2) ODJFS needs to extend the certification span.

(E)(F)  Any certificate issued by ODJFS shall not be transferable from one agency, owner, operator, corporation, partnership, or association to another.

(F)(G) A PCPA shall maintain compliance with any applicable rules of Chapters 5101:2-38, 5101:2-39, 5101:2-42 and 5101:2-53 of the Administrative Code for any child it is serving under a court order for protective supervision or for any child in the temporary, permanent or legal custody of the PCPA.

(G)(H) During a complaint investigation or review of an agency acting as representative of ODJFS in recommending foster homes for certification, ODJFS may inspect any foster home recommended for certification by the agency. The inspection may be announced or unannounced.

(H)(I)   An agency may voluntarily terminate certification of any or all of its authorized functions upon written notice to ODJFS.

Effective: 10/15/2021

Five Year Review (FYR) Dates: 7/15/2021 and 10/15/2026

Certification: CERTIFIED ELECTRONICALLY

Date: 09/24/2021

Promulgated Under: 119.03

Statutory Authority: 5103.03, 5103.54, 5153.166

Rule Amplifies: 5103.03, 5153.16

Prior Effective Dates: 12/30/1966, 10/01/1986, 07/02/1990 (Emer.), 10/01/1990, 01/01/1991, 09/18/1996 (Emer.), 10/21/1996, 07/01/2000, 01/01/2003, 12/11/2006, 08/01/2010, 07/01/2016