(A) What are the
responsibilities of the county agency staff for licensinglicensed family child care providers?
(1) The county
agency shall comply with all requirements set forth in Chapter 5104. of the
Revised Code and Chapter 5101:2-13 of the Administrative Code.
(2) The county
agency shall train anyone employed by the county agency to inspect or
investigate licensed family child care homes using the curriculum provided by
the Ohio department of job and family services (ODJFS).
(a) The training
shall be documented using the form included with the curriculum. Documentation
shall be maintained on file at the county agency. The documentation shall
remain on file for at least three years after the person is no longer
conducting inspections or investigations of licensed family child care homes.
(b) The training
shall be completed prior to the person conducting inspections or
investigations.
(c) If the
curriculum is revised, the county agency shall document that anyone conducting
inspections or investigations has reviewed the revised materials or has
completed the training again.
(B) What are the on-going county agency
review requirements for licensed family child care providers?
(1) The county agency shall review the
following for all individuals and timeframes required in rule 5101:2-13-09 of
the Administrative Code:
(a) Bureau of criminal investigation (BCI)
and federal bureau of investigation (FBI) criminal records checks.
(b) JFS 01328 "Statement of
Nonconviction for Child Care" (rev. 12/2016).
(c) JFS 01302 "Request for Child Abuse
and Neglect Report Information" (rev. 12/2016).
(2) If the county agency determines that any
of the criminal records checks indicate a prohibitive offense as defined in
paragraph (D) of rule 5101:2-13-09 of the Administrative Code, the county
agency shall determine if the individual meets rehabilitation standards as
detailed in appendix A to rule 5101:2-13-09 of the Administrative Code.
(3) The county agency shall use the JFS
01527 "Notification of Criminal Records Checks and Child Abuse and Neglect
Checks" (rev. 12/2016) to notify the provider of the results of each
review required in paragraph (B)(1) of this rule for employees, child care
staff members and substitutes.
(C)(B) What documentation shall be maintained by the
county and what can be shared?
(1) The county
agency shall enter all child care licensing information required in the Ohio
child licensing and quality system (OCLQS).
(a) Full
inspections within seven business days of inspection.
(b) Revised
inspections within seven business days of revision.
(c) Complaint
intake data within five business days of receipt of complaint.
(d) Complaint
inspections within seven business days of inspection.
(e) Review of
compliance materials within twenty business days of submission.
(2) The county
agency shall maintain a case file on all licensed family child care providers.
The following certification and licensing documents shall be included in each
provider's file using the following retention schedule:
(a) The initial
application and all supporting documentation (for life of license), unless the
information is in OCLQS.
(b) For all individuals required by rule
5101:2-13-09 of the Administrative Code:
(i) Results of any criminal records checks
and completion of rehabilitation standards, if applicable (retain the most
recent checks and rehabilitation standards), not documented in OCLQS.
(ii) JFS 01328 as required by rule
5101:2-13-09 of the Administrative Code (for five years from the date of the
signature).
(iii) Results of the JFS 01302 (for five years
from the date of the check).
(c)(b) Inspection reports not documented in OCLQS
(for five years from the date of the report).
(d)(c) All correspondence with the family child care
provider or regarding the license (for five years from the date of the
correspondence).
(e)(d) Compliance materials (for five years from the
date of the materials).
(f)(e) Copies of all written notices to the provider
(for five years from the date of the notices).
(3) The county agency shall maintain the
following certification and licensing documents in the family child care
provider's file for each employee, child care staff member and substitute using
the following retention schedule:
(a) Results of the criminal records checks
and completion of rehabilitation standards required by rule 5101:2-13-09 of the
Administrative Code (retain the most recent checks and rehabilitation
standards).
(b) JFS 01328 as required by rule
5101:2-13-09 of the Administrative Code (for five years from the date of the
signature).
(c) Results of the JFS 01302 as required by
rule 5101:2-13-09 of the Administrative Code (for five years from the date of
the check).
(4)(3) The files required in paragraphs
(C)(2) and (C)(3)paragraph (B)(2) of this
rule shall be maintained according to the retention schedule for all open
licenses. If a license is closed or revoked, the county agency shall maintain
the provider file for two years after the date the license is closed or
revoked.
(5)(4) The county agency shall not disseminate the
following confidential information:
(a) Child abuse and neglect investigative
records, pursuant to sections 5101.131 and 2151.421 of the Revised Code and
rule 5101:2-33-21 of the Administrative Code.
(b)(a) The identity of an information source or
witness to whom confidentiality has been reasonably promised, or the identity
of a complainant for whom confidentiality is required.
(c)(b) Any information, when such information would
disclose the identity of one to whom such confidentiality has been reasonably
promised.
(d) Results of any criminal records check on
an applicant, provider, adult residing in the licensed family child care
provider's home, employee or substitute, except that these records are
available to the person who is the subject of the criminal records check, his
or her representative and any court, hearing officer or other necessary
individual involved in a case dealing with denial or revocation of licensure
related to the criminal records check.
(e) The disposition of any investigation
requested by a county agency from the PCSA concerning reports of child abuse or
neglect on an applicant, provider, adult residing in the family child care
home, employee, and child care staff member. The county agency shall not
provide to the person who is the subject of the records check any information
that identifies the person who made the report, statements of witnesses or
police or other investigative reports.
(f)(c) Provider 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.
(6)(5) As needed, the county agency shall share
information with the PCSA or a law enforcement agency concerning an
investigation of alleged child abuse or neglect or criminal activity.
(7)(6) A provider shall have the right to access,
review and make copies of any information in the county agency or ODJFS files
of the provider, except information prohibited by state or federal law. The
provider may be accompanied by a representative or other legal representation
for this purpose and/or may authorize a legal representative to access such
information.
(8)(7) The county agency is responsible for sharing
all provider, client and fiscal information with ODJFS during the course of a
monitoring review of its licensing program or if ODJFS is investigating a
complaint involving the county agency.
(9)(8) ODJFS shall have access to all information in
the provider's file.
(D)(C) May the county agency have additional
requirements that exceed the family child care licensing standards in Chapter
5101:2-13 of the Administrative Code?
(1) The county
agency shall not have additional requirements for licensing family child care
providers.
(2) Any additional
requirements approved prior to the effective date of this rule shall no longer
be permitted.
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
Rule Amplifies: 5104.018
Prior Effective Dates: 4/1/82, 5/20/83, 10/1/83, 9/1/86,
2/15/88, 5/1/89, 11/1/91 (Emer.), 1/20/92, 7/1/95, 3/15/96, 10/1/97 (Emer.),
12/30/97, 4/1/03, 8/14/08, 7/1/11, 8/3/13, 1/1/14, 12/31/16