Ohio Admin. Code 5101:2-5-07 - Denial or revocation of an agency's certificate or certification to perform specific functions; temporary certificates
(A) An application for an agency certificate
or for any of the functions an agency intends to perform may be denied and an
existing certificate or certification to perform specific functions may be
revoked for any of the following reasons:
(1)
An agency has failed to comply with any applicable requirement of Chapter
5101:2-5 of the Administrative Code or any requirement of any other applicable
chapter of the Administrative Code relevant to the intended or certified
functions of the agency.
(2) An
agency has failed to comply with an approved corrective action plan for
previously cited areas of noncompliance.
(3) An agency is found to have provided to
the Ohio department of job and family services (ODJFS) any of the following:
(a) Misleading or false statements.
(b) Misleading or false reports.
(4) An agency refuses or fails to
submit to ODJFS required policy statements, application materials, plans or
reports requested by ODJFS within required time frames.
(5) An agency has refused to admit onto its
premises any person performing duties required by Chapter 5101:2-5 of the
Administrative Code or other applicable chapters of the Administrative Code
relevant to the intended or authorized functions of the agency, state or
federal law or regulations or municipal ordinance.
(B) All actions of ODJFS with respect to
denial or revocation shall be by prior adjudicatory hearing pursuant to and
subject to the requirements of Chapter 119. of the Revised Code.
(C) Any act of omission or commission by an
agency which results in the death, injury, illness, abuse, neglect or
exploitation of a child in the care of the agency may be grounds for the
revocation or denial of the agency's certification to perform any or all
certified functions. This shall include any situation in which an agency has
failed to inform any agency employee of the employee's obligation, pursuant to
section 2151.421 of the Revised Code, to
report any knowledge or suspicion of any physical or mental abuse, sexual abuse
or exploitation or neglect or threatened abuse or neglect of a child by any
person, including another child, to the public children services agency or a
municipal or county peace officer in the county in which the child resides or
in which the abuse or neglect has occurred or is occurring.
(D) At the time ODJFS proceeds with an agency
denial or revocation, ODJFS is to notify all of the following of the proposed
adjudication order:
(1) Title IV-E
courts.
(2) Public children
services agencies (PCSAs).
(3)
Private child placing agencies (PCPAs).
(4) Any other person or entity ODJFS deems
necessary.
(E) If an
order of denial or revocation is not upheld after any administrative hearing
held pursuant to Chapter 119. of the Revised Code or if an order of denial or
revocation is overturned on appeal to a court of competent jurisdiction, ODJFS
is to notify the decision to all entities that were notified pursuant to
paragraph (D) of this rule.
(F)
When ODJFS enters an adjudication order to deny or revoke an agency's
certificate pursuant to Chapter 119. of the Revised Code, the agency and those
parties identified as the principals of the agency shall not be eligible for
certification for any ODJFS certification for five years from the date of the
denial or revocation or the exhaustion of all appeals, whichever is later. As
used in this rule, "principal" means the agency's administrator(s) or
director(s) and the agency's owners, partners, or members of the agency's
governing body. In any denial or revocation action, ODJFS shall identify the
principals of the agency against whom the denial or revocation action is
taken.
(G) When an agency certified
to operate one or more of the functions listed in rule
5101:2-5-03 of the
Administrative Code is found to be operating at less than an acceptable level
of compliance with applicable rules of the Administrative Code ODJFS may issue
a temporary certificate for one or more of the functions to the agency.
(1) A temporary certificate shall not be
issued for an initial certification of a function requiring certification
pursuant to rule
5101:2-5-03 of the
Administrative Code.
(2) A
temporary certificate shall be effective for less than one year.
(3) A temporary certificate allows an agency
to operate until ODJFS is satisfied that minimum requirements have been
met.
(4) Whenever ODJFS issues a
temporary certificate to an agency, the word "temporary" shall appear on the
certificate in a contrasting color to words on the certificate in letters not
less than one-half inch in height.
Notes
Promulgated Under: 119.03
Authorized By: 5103.03
Amplifies: 5103.02, 5103.03
Five Year Review Date: 2/1/2026
Prior Effective Dates: 12/30/1966, 10/1/1986, 7/2/1990 (Emer.), 10/1/1990, 1/1/1991, 9/18/1996, 7/1/2000, 9/1/2002, 12/11/2006, 8/1/2010, 12/1/2015
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