Appendix A - Standards for Rehabilitation
(A)What are the
county agency responsibilities for certifying an in-home aide (IHA)?
(1)The county
agency shall 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 shall
provide assistance.
(3)The county
agency shall conduct an inspection at the home of the parent to verify
compliance using the JFS 01533 "In-Home Aide Inspection" (rev.
10/2017). This inspection shall be conducted prior to the issuance of a
certificate and annually each fiscal year thereafter.
(4)The county
agency shall provide a copy of the certificate to the parent of a child
receiving in-home aide services.
(B)When shall a
county agency issue a certificate?
The county agency shall issue a certificate when all of the
following are met:
(1)The county
agency has determined the IHA is in compliance with Chapter 5101:2-14 of the
Administrative Code.
(2)The county
agency has received the JFS 01176 "Program Notification of Background
Check Review for Child Care" (10/2017) and the IHA is eligible for
employment.
(3)The county
agency has received verification of completion of all trainings required
pursuant to rule 5101:2-14-03 of the Administrative Code.
(4)The county agency has determined that
the applicant has not had an IHA certificate, a child care center license, type
A home license or type B home license revoked within the previous five years.
(C)When shall a
county agency renew a certificate?
The county agency shall renew a certificate when all of the
following are met:
(1)The IHA has
submitted a recertificaiton application in the OCLQS.
(2)The parent and
IHA complete a new JFS 01642 "In-Home Aide Assurances" (rev.
10/2017).
(3)The county
agency conducts a recertification home inspection.
(4)It is
determined the IHA remains in compliance with the certification requirements
contained in Chapter 5101:2-14 of the Administrative Code.
(D)What does the
county agency do if it is determined the IHA is not in compliance?
(1)If the county
agency determines the IHA is not in compliance with this chapter or Chapter
5104. of the Revised Code the county agency shall forward to the IHA written
notification which includes:
(a)A statement of
the specific rule violations.
(b)A statement of
what must be done to correct the rule violations.
(c)The date, not
to exceed thirty business days, by which the correction shall be completed.
(d)A statement of
the consequences if the IHA fails to correct violations within the specified
time frame.
(e)A statement
that the IHA has the right to appeal the actions of the county agency and
request a county appeal review in accordance with the procedures outlined in
paragraph (E) of this rule.
(2)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.
(3)Upon
revocation of a certificate, the county agency shall notify the IHA of its
right to appeal the decision to revoke the certificate and request a county
appeal review in accordance with procedures outlined in paragraph (E) of this
rule.
(4)The voluntary
surrender of a certificate to the county agency shall not prohibit the county
agency from revoking a certificate pursuant to this paragraph of this rule.
(5)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 shall deny or terminate the IHA arrangement, revoke the IHA
certificate and inform the parent of alternative child care options.
(E)What is the
process if an IHA requests a county appeal?
(1)If the IHA
requests an appeal review, the following steps shall be followed:
(a)The county
agency shall schedule a county appeal review within fifteen business days of
receipt of a written county appeal review request and notify the IHA in writing
of the time, date and place of the review.
(b)The individual
responsible for conducting the county appeal review shall not be someone who
was a party to the decision that is the subject of the review.
(c)The IHA shall
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 appeal review. The
decision shall 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
appeal review decision is final in regard to the appeal procedures contained in
rule.
(F)What
information can a county agency publicly share regarding an IHA?
(1)Except as
provided in paragraphs (F)(2) and (F)(3) of this rule, the county agency shall
not 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 shall 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 shall 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.
(G)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 shall not have additional requirements for
certifying in-home aides.
5101:2-14-06 5
Effective: 12/1/2019
Five Year Review (FYR) Dates: 12/31/2021
Certification: CERTIFIED ELECTRONICALLY
Date: 11/21/2019
Promulgated Under: 119.03
Statutory Authority: 5104.019
Rule Amplifies: 5104.12, 5104.019
Prior Effective Dates: 04/01/1982, 09/01/1986, 02/15/1988,
05/01/1989, 07/01/1995, 03/15/1996, 10/01/1997 (Emer.), 12/30/1997, 04/01/2003,
01/01/2007, 08/14/2008, 12/01/2009, 11/15/2010, 08/03/2013, 01/01/2014,
12/31/2016, 10/29/2017