Ohio Administrative Code
Title 5101:2 - Division of Social Services
Chapter 5101:2-14 - Certified In-home Aides
Section 5101:2-14-14 - County agency responsibilities for in-home aide certifications, compliance inspections and complaint investigations
Universal Citation: OH Admin Code 5101:2-14-14
Current through all regulations passed and filed through September 16, 2024
(A) What are the county agency responsibilities for certifying an in-home aide (IHA)?
(1)
The county agency
is to 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 is to
provide assistance.
(3)
The county agency is to conduct a pre-certification
inspection at the home of the parent to verify compliance.
(4)
The county agency
is to issue a certificate when the county determines the IHA is in compliance
with Chapter 5104. of the Revised Code and Chapter 5101:2-14 of the
Administrative Code.
(5)
The county agency is to provide a copy of the
certificate to the parent of a child receiving in-home aide
services.
(6)
The county agency is to comply with Chapter 5104. of
the Revised Code and Chapter 5101:2-14 of the Administrative
Code.
(B) When is the county agency to renew a certificate?
The county agency is to renew a certificate when all of the following are met:
(1)
The IHA has
submitted a renewal application in OCLQS.
(2)
The parent and
IHA complete a new JFS 01642 "In-Home Aide Assurances."
(3)
The county agency
conducts a renewal home inspection.
(4)
It is determined
the IHA remains in compliance with Chapter 5101:2-14 of the Administrative
Code.
(C) What are the additional county agency responsibilities for compliance inspections?
(1)
The county agency is to conduct an annual, unannounced
inspection beginning the next fiscal year after the issuance or renewal of an
IHA certificate.
(2)
The county agency is to conduct an inspection within
ten days of notification that the parent has moved to a new
address.
(D) What are the county agency responsibilities for complaint investigations of an IHA?
(1)
Document the complaint in OCLQS on the same day the
complaint is received.
(2)
The county agency is to investigate any complaints
against an IHA. The county agency may inspect the IHA home as part of the
complaint investigation.
(3)
If the complaint alleges immediate risk to children,
the county agency is to begin the investigation within one business day of the
receipt of the complaint.
(4)
If the complaint does not allege immediate risk to
children, the county agency is to begin the investigation within five business
days of the receipt of the complaint.
(5)
Complaints
alleging child abuse and neglect are to be immediately reported to the public
children services agency (PCSA). The county agency is to follow PCSA
instructions if additional information is needed.
(6)
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. The county agency is to work with the PCSA to
ensure the county agency investigation does not interfere with the PCSA
investigation.
(E) What does the county agency do if it is determined the IHA is not in compliance?
(1)
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.
(2)
Upon revocation of a certificate, the county agency is
to notify the IHA of their right to appeal the decision to revoke the
certificate and request a county appeal review in accordance with procedures
outlined in paragraph (F) of this rule.
(3)
The voluntary
surrender of a certificate to the county agency is not to prohibit the county
agency from revoking a certificate pursuant to this paragraph of this
rule.
(4)
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 is to deny or terminate
the IHA arrangement, revoke the IHA certificate and inform the parent of
alternative child care options.
(5)
If the IHA
certification is revoked, another IHA certification is not to be issued to the
IHA until five years have elapsed from the date the certification was
revoked.
(F) What is the process if an IHA requests a county review of a non-compliance finding or revocation of the IHA certificate?
(1)
If the IHA
requests a review, the following steps are to be followed:
(a)
The county agency
is to schedule a county review within fifteen business days of receipt of a
written request to review a non-compliance finding and notify the IHA in
writing of the time, date and place of the review.
(b)
The individual
responsible for conducting the county review is not to be someone who was a
party to the decision that is the subject of the review.
(c)
The IHA is to
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 review. The decision is to 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
decision is final and no further action can be taken by the
IHA.
(G) What are the county agency responsibilities for maintaining documentation?
(1)
The county agency is to enter and update all IHA
certification and inspection documentation in the Ohio child licensing and
quality system (OCLQS), and provide an electronic copy of the inspection to the
IHA.
(a)
Compliance inspections and complaint investigations within seven days from the
date of inspection.
(b)
Updates to inspections within seven days of the
update.
(c)
Review of compliance materials within twenty business
days of submission.
(2)
The JFS 01642
"In-Home Aide Assurances" is to be maintained in OCLQS. The county agency,
after removal of confidential information, is to provide a copy of the JFS
01642 to anyone who submits a request to the county agency.
(3)
The county agency
is to maintain an electronic or paper case file on all certified in-home aides.
The following certification documents are to be included in each in-home aide's
file using the following retention schedule for open certifications:
(a)
The application
for certification and all supporting documentation (for the life of the
certification), 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 IHA or regarding the
certification (for five years from the date of correspondence).
(d)
Compliance
materials not documented in OCLQS (for five years from the date of the
materials).
(e)
Copies of all written notices to the IHA (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 IHA, (replace after expiration for the life of the certification), if
not in the Ohio professional registry (OPR).
(4)
If a
certification is ended or revoked, the county agency is to maintain the IHA
file and all contents for two years after the date the certification is ended
or revoked.
(H) What information can a county agency publicly share regarding an IHA?
(1)
Except as provided in paragraphs (H)(2) and (H)(3) of
this rule, the county agency is not to 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 is to 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 is to 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.
(I) 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 is not to have additional requirements for certifying IHAs.
Replaces: 5101:2-14-06, 5101:2-14-07
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