Appendix A - Serious Risk Non-compliances and
Point Values for Family Child Care
(A) How manyWhat inspections
are required for family child care providers?
(1) At least one
inspection prior to the initial issuance of a provisional license.
(2) At least two
inspections during the provisional period.
(3) At least one
inspection each state fiscal year after the issuance of the continuous license.
(4) Any complaint investigations regarding
the licensed family child care provider.
(B) Will inspections
be announced or unannounced?
At least one inspection shall be unannounced and all inspections
may be unannounced.
(C) What is required
of a licensed family child care provider for an inspection and/or complaint investigation?
The family child care provider shall allow the county agency and
the Ohio department of job and family services (ODJFS) to:
(1) Complete an
inspection of all areas of the family child care home where child care is
provided, children have access to, and all areas used to verify compliance with
Chapter 5101:2-13 of the Administrative Code and Chapter 5104. of the Revised
Code.
(2) Review required
records and documentation.
(3) Interview or
take statements from any of the following as part of any
inspection or complaint investigation:
(a) Building
inspectors, fire department inspectors, sanitarians, public health or other
state or local officials.
(b) Neighbors.
(c) Parents and
relatives of children in care.
(d) Residents of
the home.
(e) Staff of the
public children services agency (PCSA).
(f) Staff of the
county agency and the ODJFS.
(g) Anyone
mentioned by the complainant.
(h) Law enforcement
personnel.
(i) Current and
past family child care staff employees.
(j) Other
witnesses.
(4) Document
findings in writing or in photographs or by any other means.
(D) What are
additional requirements for a licensed family child care provider as a result
of an inspection and/or complaint investigation?
The family child care provider shall:
(1) Provide written
materials to the county agency addressing non-compliances detailed in the
inspection report within the time frame requested in the inspection report.
(2) Permit the county agency and ODJFS to
investigate all complaints.
(3)(2) Not misrepresent, falsify or withhold
information from the county agency or ODJFS.
(E) Will a licensed
family child care provider have additional inspections based on non-compliances
found?
Non-compliances, as detailed in appendix A to this rule, may
lead to additional inspections or compliance materials required by the county
agency or ODJFS.
(F) What if a
licensed family child care provider does not agree with the licensing findings?
The family child care provider shall:
(1) Complete and
submit a JFS 01155 "Request for Review for Licensing and Step Up To
Quality" (12/2016) with any applicable documentation.
(2) Submit the
request and documentation within seven business days from the receipt of the
inspection report.
(G) What are the
county agency requirements for compliance inspection and complaint
investigation of a family child care provider?
(1) The county
agency shall inspect each family child care home according to the schedule as
determined by ODJFS and released via a procedure letter.
(2) All inspections
shall be completed during the operating hours of the family child care home
even if children are not currently enrolled.
(3) For each
inspection, the county agency shall:
(a) Complete the
JFS 01926 "Inspection Report for Family Child Care" (rev. 12/2016)(rev. 10/2017),
the JFS 01306 "Employee Record Chart for Child Care" (rev. 10/2017) and the JFS 01215 "Children's
Record Review for Child Care" (rev. 12/2016) or system-generated
equivalents in the Ohio child licensing and quality system (OCLQS).
(i) If OCLQS is
not utilized on-site, the county agency shall enter the data from the JFS
01926, JFS 01306 and JFS 01215 into the system within the timeline specified in
rule 5101:2-13-26 of the Administrative Code.
(ii) If additional
information is added to the report or it is revised in any way, the county
agency shall send a copy of the report to the provider within five business
days of the date of the addition or revision.
(b) Provide a hard
copy or electronic copy of the inspection report and supporting documents to
the provider by close of business the next business day.
(4) The county
agency shall investigate any complaints alleging rule noncompliance against a
provider. The county agency may inspect the family child care home as part of
the complaint investigation.
(a) Investigations
of all complaints shall begin within five business days of the receipt of a
complaint by the county agency.
(b) If the
complaint alleges an immediate risk to children, the county agency shall begin
the investigation by the next business day of receipt of the complaint.
(c) For each
investigation, the county agency shall:
(i) Document the
complaint in OCLQS.
(ii) Complete the
JFS 01526 "Complaint Investigation Receipt for Child Care" (rev.
12/2016) and furnish one copy to the family child care provider before the
county agency staff leaves the provider's home. This form is not required for
any portion of the investigation completed by telephone pursuant to paragraph
(G)(4)(d) of this rule.
(d) If a JFS 01926
is completed as part of an investigation conducted by telephone, the county agency
shall send a copy of the report to the provider within five business days of
the initial telephone contact. If additional information is added to the report
or it is revised in any way, the county agency shall send a copy of the report
to the provider within five business days of the date of the addition or
revision.
(5) Each JFS 01926
shall include:
(a) A statement of
the specific non-compliance findings.
(b) A statement of
what must be done to correct the noncompliance.
(c) The date, not
to exceed thirty business days, by which the correction must be completed.
(6) The county
agency shall provide a copy of the JFS 01926 or its system generated equivalent
to anyone who submits a request to the county agency. The county agency shall
remove all confidential information prior to providing a copy of the JFS 01926.
(7) The county
agency shall provide technical assistance for complying with the requirements
of Chapter 5104. of the Revised Code and Chapter 5101:2-13 of the
Administrative Code.
(H) What other
requirements shall the county agency follow for complaints?
(1) If the
complaint alleges child abuse or neglect, the county agency shall report the
complaint within the same business day to the public children services agency
(PCSA). The oral report shall be followed with a written report to the PCSA, if
requested by the PCSA. The written report shall contain the following:
(a) A summary of
allegations.
(b) The name of the
reporter, unless anonymity is requested.
(c) A summary of
actions taken by the county agency or plans to initiate an investigation of
non-compliance with the regulations contained in Chapter 5101:2-13 of the
Administrative Code.
(d) A request for
clarification of joint or parallel investigatory roles.
(2) A PCSA
investigation does not relieve the county agency of its responsibility to
investigate provider non-compliance with regulations contained in Chapter
5101:2-13 of the Administrative Code unless the PCSA indicates that the county
agency complaint investigation would interfere with the PCSA's investigation of
the case.
(3) If the county
agency receives a report that an unlicensed home may be caring for too many
children in violation of section 5104.02 of the Revised Code, the county agency
shall refer the report to the appropriate ODJFS child care licensing office for
investigation. If the home is licensed, the county agency shall conduct an
investigation according to procedures contained in this rule.
(I) Are licensing
inspection records available to the public?
(1) Inspections may be viewed at
http://childcaresearch.ohio.gov/.
(2) An individual may submit a written
request to ODJFS for a copy of the family child care home licensing record.
A copy of the family child care
provider's licensing record shall be provided to any person who submits a
written records request to the ODJFS in accordance with applicable state and
federal laws.
Effective: 10/29/2017
Five Year Review (FYR) Dates: 12/31/2021
Certification: CERTIFIED ELECTRONICALLY
Date: 10/12/2017
Promulgated Under: 119.03
Statutory Authority: 5104.018, 5104.017
Rule Amplifies: 5104.03, 5104.018, 5104.02, 5104.017, 5104.04
Prior Effective Dates: 4/1/82, 5/20/83, 9/1/86, 9/5/86, 2/15/88,
5/1/89, 3/15/96, 10/1/97 (Emer.), 12/30/97, 4/1/03, 7/1/03, 1/1/14, 9/1/05,
9/1/07, 8/14/08, 9/29/11, 12/31/16