Current through all regulations passed and filed through September 16, 2024
(A) If the recommending agency has knowledge
of rule noncompliance or receives an allegation of a rule violation of Chapter
5101:2-7 of the Administrative Code for a currently certified foster home, the
agency shall comply with all of the following:
(1) Begin an investigation of all allegations
of rule noncompliance of Chapter 5101:2-7 of the Administrative Code within
three calendar days of receipt of an allegation of a rule violation. At a
minimum, an investigation begins with the implementation of paragraph (C) of
this rule or documenting the contact of the agency by any third party or law
enforcement agency investigating the allegations to determine if the
recommending agency can proceed with the rule noncompliance
investigation.
(2) Complete the
investigation within thirty calendar days of beginning the investigation unless
the investigation of rules violation conflicts with any other third party or
law enforcement investigation.
(3)
Document and maintain the following results in the foster caregiver record:
(a) Investigations conducted pursuant to this
paragraph.
(b) If noncompliance is
found, the development and implementation of corrective action plans as
required by the agency or the recommendation to deny recertification or revoke
the certification of the foster home.
(c) If noncompliance is not found, a
statement documenting and explaining the reasoning that non-compliance was not
found.
(B)
Any one or any combination of the following circumstances may be considered
valid cause for denial of initial foster home certification, denial of
recertification, or revocation of a foster home certificate either upon the
recommendation of a recommending agency or through unilateral action by the
Ohio department of job and family services (ODJFS):
(1) A foster caregiver or applicant fails or
refuses to comply with any requirement of Chapter 5101:2-5 or 5101:2-7 of the
Administrative Code.
(2) A foster
caregiver or applicant knowingly furnishes false or misleading statements or
reports to the agency.
(3) A foster
caregiver or applicant knowingly falsifies, refuses or fails to submit any
report required by Chapter 5101:2-7 of the Administrative Code.
(4) A foster caregiver or applicant refuses
or fails to make available any record required by or necessary to the
administration of Chapter 5101:2-7 of the Administrative Code.
(5) A foster caregiver or applicant refuses
to admit into the residence any person performing duties required by Chapter
5101:2-5, 5101:2-7 or 5101:2-36 of the Administrative Code or any laws of the
state or any subdivision therein.
(6) A foster caregiver or applicant fails or
refuses to comply with agency instructions regarding care of a foster child an
agency has placed within the home.
(7) A foster caregiver or applicant
interferes or acts in conflict with an agency plan for a foster child's
care.
(8) Any resident of a foster
caregiver or applicant's home, other than the foster children who are placed
there, is found guilty of any crime perpetrated against a child.
(9) A foster caregiver or applicant, any
adult resident of a foster home, or any minor resident of a foster home at
least twelve years of age, but less than eighteen years of age other than a
foster child who is placed there, residing with the foster caregiver has been
convicted of, pleaded guilty to, or been adjudicated delinquent for commission
of any offense listed in
appendix A to rule
5101:2-7-02 of the
Administrative Code.
(10) A foster
caregiver, applicant or any other resident of a foster home who is a person
subject to a criminal records check refuses to obtain a criminal records
check.
(11) A recommending agency
can document, in their assessment, that a foster caregiver, applicant or a
foster home should not care for a foster child.
(12) Any act of omission or commission by a
foster caregiver, applicant or other member of the household which results in
the death, injury, illness, abuse, neglect or exploitation of a
child.
(13) Any applicable reason
pursuant to section 5103.0319 or
5103.0326 of the Revised
Code.
(C) When the
recommending agency has knowledge that one or more of the circumstances listed
in paragraph (B) of this rule apply to a resident of a foster caregiver's or
prospective foster caregiver's home, the agency shall do all of the following:
(1) Review the foster home certificate or the
application, if applicable, and if appropriate, recommend that ODJFS revoke the
certificate, deny the recertification of the certificate or deny the
application.
(2) Review the
appropriateness of the placement in the foster home of any child of whom the
agency has temporary, legal, or permanent custody. After review, the agency
may, consistent with any court order, remove the child from the foster home in
which the child is residing and place the child in another certified foster
home or other appropriate placement.
(3) If the agency does not have temporary,
legal, or permanent custody of a foster child residing in the foster home, the
recommending agency shall notify the entity that has custody of the child that
it has received a notice subject to paragraph
(R) of rule
5101:2-7-02 or paragraph (G)
of rule
5101:2-7-14 of the
Administrative Code.
(4) Assess the
foster caregiver's need for training because of the conviction, plea of guilty,
or adjudication described in paragraph (B) of this rule and provide any
necessary training unless the agency action is to recommend revocation of the
certificate.
(D) If a
recommending agency learns that a foster caregiver has failed to comply with
the provisions of paragraph
(R) of rule
5101:2-7-02 or paragraph (G)
of rule
5101:2-7-14 of the
Administrative Code, it shall immediately notify the entity that has custody if
applicable, and ODJFS.
(E) If an
agency determines that any of the conditions listed in paragraph (B) of this
rule presents or creates a threat to the life, health, or safety of a foster
child, it shall immediately remove the foster child from the foster home and
notify the custodyholding agency or individual within one hour. An agency
determination of threat to a foster child's safety shall be considered
sufficient basis for any such action, and shall not require any additional
justification.
