Current through all regulations passed and filed through September 16, 2024
(A) An applicant seeking to operate a private
child placing agency (PCPA) or a private noncustodial agency (PNA) with the
purpose of performing any of the functions specified in rule
5101:2-5-03 of the
Administrative Code shall electronically submit a complete and correct JFS
01290 "Application for Certification of Agency Functions"
with the Ohio department of
job and family services (ODJFS) not less than one hundred-twenty days prior to
the intended date of commencing operation.
(B) A local public entity (LPE) that is not a
public children services agency (PCSA) that operates one or more of the
functions specified in rule
5101:2-5-03 of the
Administrative Code shall be considered by ODJFS as though the local public
entity is a PNA. Unless a specific exception is made, references throughout
Chapters 5101:2-5, 5101:2-7 and 5101:2-9 of the Administrative Code to a PNA or
to an agency shall apply to a LPE that is not a PCSA. "Local public entity"
(LPE) as used in this chapter of the Administrative Code means a county,
including county courts, a municipal corporation, a combination of counties, a
combination of municipal corporations, or a combination of one or more counties
and one or more municipal corporations and that is not a PCSA.
(C) An applicant shall submit all materials
and documentation required by the JFS 01290.
(D) Any PCSA which intends to operate a
residential facility shall electronically file a complete and correct JFS 01290
with ODJFS to be certified to operate the facility not less than one
hundred-twenty days prior to the intended date of commencing
operation.
(E) Applicable rules for
agencies.
(1) Any PCSA, PCPA or PNA certified
to perform functions listed in rule
5101:2-5-03 of the
Administrative Code shall comply with all provisions of the Administrative Code
applicable to the agency's performance of functions listed on its certificate.
For agency noncompliance with applicable administrative rules, ODJFS may
require the agency to submit and comply with a corrective action plan or may
deny initial certification, or in the case of a certified agency, deny renewal
of a certificate or revoke the PCSA's, PCPA's or PNA's certificate pursuant to
Chapter 119. of the Revised Code.
(2) Any PCSA performing any function listed
in rule
5101:2-5-03 of the
Administrative Code not requiring certification by ODJFS shall comply with all
applicable provisions of the Administrative Code. For PCSA noncompliance with
applicable administrative rules when performing any function not requiring
certification, ODJFS may take any action permitted under division (C) of
section 5101.24 of the Revised
Code.
(F) The
application shall be submitted to the appropriate ODJFS field office. The date
of initial application shall be the date of receipt as noted by the ODJFS date
stamp. The application shall not be considered to have been filed until it is
submitted to the appropriate ODJFS field office in complete and correct
form.
(G) An application may be
denied by ODJFS for failure to comply with any requirement of this rule or for
any reason specified in rule
5101:2-5-07 of the
Administrative Code.
(H) An agency
shall not operate until a certificate is issued by ODJFS.
(I) When an application to amend the
certificate is required.
(1) When an agency
certified to operate a function listed in rule
5101:2-5-03 of the
Administrative Code seeks to operate another function that is required to be
certified by rule
5101:2-5-03 of the
Administrative Code, not less than one hundred-twenty days prior to the
anticipated operation of the new function, it shall electronically submit a
complete and correct amended JFS 01290 to ODJFS requesting certification of the
additional function. All additional information required by ODJFS for
certification of the new function shall be submitted with the JFS
01290.
(2) When an agency certified
to operate one or more functions listed in rule
5101:2-5-03 of the
Administrative Code seeks to relocate or operate a residential facility, except
in an emergency situation where residential facility becomes uninhabitable for
any reason, it shall notify ODJFS not less than sixty days prior to the
intended relocation or operation by submitting an amended JFS 01290 to ODJFS
requesting certification of the residential facilities at the new
location.
(3) If a residential
facility has become uninhabitable, due to an emergency situation, the agency
shall:
(a) Immediately notify any agency with
children in placement and ODJFS of the emergency.
(b) Relocate the facility and any children in
placement.
(c) Submit an amended
JFS 01290 to ODJFS immediately after relocating.
(4) When an agency certified to operate one
or more functions listed in rule
5101:2-5-03 of the
Administrative Code seeks to relocate or add an office it shall submit a JFS
01290 which lists the office to ODJFS not less than thirty days prior to the
anticipated operation of the new office. In emergency situations the agency
shall follow the procedures in their agency policy developed pursuant to rule
5101:2-5-13.1 of the
Administrative Code.
(5) An agency
shall submit a JFS 01290 to ODJFS not less than ten days prior to any of the
following changes:
(a) When an agency ceases
to operate a certified function.
(b) When an agency ceases to operate a branch
office.
(c) When an agency ceases
to operate a residential facility.
(6) An agency shall request and receive
approval from ODJFS prior to implementing a change in a private, nonprofit
therapeutic wilderness camp, children's residential center or a group home by
submitting a JFS 01290 and any supporting documentation to ODJFS indicating the
agency wishes to change any of the following:
(a) Sex of the children served.
(b) Age range of the children
served.
(c) Number of the children
served.
(7) An agency
shall submit a JFS 01290 to notify ODJFS within ten days after implementing a
change to any of the following positions of its governing body:
(a) The administrator.
(b) The chairperson.
(c) The president.
(8) If an agency wishes to change the agency
name, the agency shall submit a JFS 01290 to notify ODJFS not later than thirty
days prior to implementing a name change. The agency shall submit the following
information along with the JFS 01290:
(a) A
copy of any amended articles of incorporation authorizing the name
change.
(b) A copy of the minutes
of the governing body meeting authorizing the name change.
(J) An agency shall not operate
any function requiring certification by ODJFS that has not been certified by
ODJFS. An agency shall not operate an office or residential facility that is
not correctly listed on the most recent JFS 01290 on file with ODJFS.
(K) The certificate issued by ODJFS to the
agency shall be posted in a prominent place so that visitors to the agency may
view it.
(L) When a PCSA, PCPA or
PNA is currently operating one or more functions requiring certification by
ODJFS on a temporary certificate, the agency shall not request certification of
another function by ODJFS or expansion of an existing certified
function.
