(A) What are the
county agency requirements for compliance inspection and complaint
investigation of an in-home aide (IHA)?
(1) The county
agency shall investigate any complaints against an IHA. The county agency may
inspect the IHA home as part of the complaint investigation.
(2) Investigations
of all complaints shall begin within five business days of receipt of a
complaint by the county agency, unless the complaint falls under paragraph (B)
of this rule.
(3) For each
investigation, the county agency shall complete the JFS 01533 "In-Home
Aide Inspection" (rev. 12/2016)(rev. 10/2017) and furnish one copy to the IHA before
the county agency staff leaves the home. 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 providerIHA
within five business days of the date of the addition or revision.
(4) If a JFS 01533
is completed as part of an investigation conducted by telephone, the county
agency shall send a copy of the report to the IHA 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 IHA within five business days of the date of the addition or revision.
(5) The county
agency shall submit electronic copies of each inspection to the Ohio child care
licensing and quality system (OCLQS) within seven business days of completion.
(B) What are
additional county agency requirements for complaint investigations?
(1) If the
complaint alleges immediate risk to children, the county agency shall begin the
investigation within one business day of receipt of the complaint.
(2) If the
complaint alleges child abuse or neglect, the county agency shall immediately
report the complaint 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
the allegations.
(b) The name of
the reporter, unless anonymity is requested.
(c) A summary of
the actions taken by the county agency or plans to initiate an investigation of
noncompliance with the regulations contained in Chapter 5101:2-14 of the
Administrative Code.
(d) A request of
clarification of joint or parallel investigatory roles.
(3) 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 unless the PCSA indicates that the county agency
complaint investigation would interfere with the PCSA's investigation of the
case.
(4) The county
agency, after removal of confidential information, shall provide a copy of the
JFS 01642 "In-Home Aide Assurances" (rev.
12/2016)(rev. 10/2017) to anyone who
submits a request to the county agency. Inspection reports shall be kept on
file at the county agency.
Effective: 10/29/2017
Five Year Review (FYR) Dates: 1/1/2019
Certification: CERTIFIED ELECTRONICALLY
Date: 10/12/2017
Promulgated Under: 119.03
Statutory Authority: 5104.019
Rule Amplifies: 5104.019, 5104.12
Prior Effective Dates: 4/1/82, 5/20/83, 9/1/86, 2/15/88, 5/1/89,
11/1/91 (Emer.), 1/20/92, 3/15/96, 10/1/97 (Emer.), 12/30/97, 4/1/03, 4/10/03,
8/14/08, 11/15/10, 7/1/11, 1/1/14, 12/31/16