Ohio Administrative Code
Title 5101:2 - Division of Social Services
Chapter 5101:2-13 - Licensing Family Care Homes
Section 5101:2-13-26 - County agency responsibilities for licensed family child care providers
Universal Citation: OH Admin Code 5101:2-13-26
Current through all regulations passed and filed through September 16, 2024
(A) What are the responsibilities of the county agency staff for licensed 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
is to
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.
(d)
The county agency is not to have additional
requirements for licensing family child care providers.
(3)
The
county agency is to follow ODJFS policies and procedures for all
responsibilities as assigned.
(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 or the completion of a
public children services agency (PCSA) investigation, if
applicable.
(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
are to be included in each provider's file using
the following retention schedule:
(a) The
initial application and all supporting documentation (for
the life of the
license), unless the information is in OCLQS.
(b) Inspection reports not documented in
OCLQS (for five years from the date of the report).
(c) All correspondence with the family child
care provider or regarding the license (for five years from the date of the
correspondence).
(d) Compliance
materials (for five years from the date of the materials).
(e) Copies of all written notices to the
provider (for five years from the date of the notices).
(f)
Valid copies of
the JFS 01176 "Program Notification of Background Check Review for Child Care"
for the provider, child care staff members, employees, and residents, (replace
after expiration for the life of the license), if not in the Ohio professional
registry (OPR).
(3) The files required in 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.
(4) The county agency
shall not disseminate the following confidential information:
(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.
(b) Any information, when such information
would disclose the identity of one to whom such confidentiality has been
reasonably promised.
(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.
(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.
(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.
(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.
(8) ODJFS shall have access
to all information in the provider's file.
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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