Ohio Administrative Code
Title 5101:2 - Division of Social Services
Chapter 5101:2-13 - Licensing Family Care Homes
Section 5101:2-13-03 - Compliance inspection and complaint investigation of a licensed family child care provider
Universal Citation: OH Admin Code 5101:2-13-03
Current through all regulations passed and filed through September 16, 2024
(A) What compliance 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 in each half of
the state fiscal year after the issuance of the continuous license. Compliance
inspections completed in the state fiscal year pursuant to paragraph (A)(2) of
this rule meet this requirement.
(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 anyone pertinent to the investigation which may include
any of the following:
(a) Building officials,
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 is to:
(1) Complete and submit a corrective action
plan in the Ohio child licensing and quality system (OCLQS) addressing the
non-compliances detailed in the inspection report within the time frame
requested in the inspection report.
(2) Not misrepresent, falsify or withhold
information from the county agency or ODJFS.
(3)
Pursuant to
section 5104.043 of the Revised Code,
provide a written or electronic notice of the serious risk non-compliance
(SRNC) to all parents of enrolled children within fifteen business days of
receipt of the non-compliance, if ODJFS determines that an act or omission of a
family child care home constitutes a SRNC pursuant to appendix A to this
rule.
(a)
The
notice is to include a statement informing each parent of the web site
maintained by ODJFS and the location of further information regarding the
determination.
(b)
If the provider requests a review of the finding
pursuant to paragraph (F) of this rule, and the finding is upheld, the notice
to parents is to be sent within five business days of receipt of the decision
by ODJFS.
(c)
The family child care provider will need to provide a
copy of the notice to ODJFS.
(d)
The requirements
of section 5104.043 of the Revised Code do
not apply if ODJFS suspends the license of the family child care
provider.
(E) Will a licensed family child care provider have additional inspections based on noncompliances found?
All non-compliances 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 may complete and submit a JFS 01155 "Request for Review for Licensing and Step Up To Quality" with any applicable 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) All inspections are to be completed
during the operating hours of the family child care home.
(a) The county agency is to complete at least
one of the two unannounced annual inspections when a child(ren) for whom the
provider is receiving compensation is present.
(b) If no child(ren) is enrolled, the
inspection will still be completed. When at least one child for whom the
provider is receiving compensation is present, a monitoring inspection is to be
completed.
(2) For each
inspection, the county agency shall:
(a)
Complete the inspection report in OCLQS.
(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, and within five business days of the date of
the addition or revision, if additional information is added to the report or
it is revised in any way.
(3) 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
is to:
(i) Document the complaint in
OCLQS.
(ii) Send to the provider a
copy of the OCLQS inspection and/or complaint report within ten business days
of the completion of the investigation, and within five business days of the
date of the addition or revision, if additional information is added to the
report or it is revised in any way.
(4) The county agency is to take the
following action when a serious incident is reported in OCLQS as required in
paragraph (G) of rule
5101:2-13-16 of the
Administrative Code:
(a) When a complaint is
received on the same non-compliance, complete a complaint investigation
pursuant to paragraphs (G)(3) and (H) of this rule.
(b) When a complaint is not received, issue
an inspection within ten days for the non-compliances reported.
(5) The county agency shall
provide a copy of the inspection report to anyone who submits a request to the
county agency. The county agency shall remove all confidential information
prior to providing a copy.
(6) 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 ODJFS for investigation.
(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.
Disclaimer: These regulations may not be the most recent version. Ohio may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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