(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)(4) An agency has
refused to admit onto its premises any person performing duties
required by
described in Chapter 5101:2-5 of the Administrative
Code or other applicable chapters of the Administrative Code relevant to the
intended or
authorized
certified functions of the agency, state or federal
law or regulations or municipal ordinance.
(B) All actions of
ODJFS
the Ohio department of
children and youth (DCY) with respect to denial or revocation
shall
is to 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
is to 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
DCY proceeds
with an agency denial or revocation,
ODJFS
DCY 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
DCY 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
DCY is to notify
the decision to all entities that were notified pursuant to paragraph (D) of
this rule.
(F) When
ODJFS
DCY
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
is not
to be eligible
for certification for any
ODJFS
DCY
certification for five years from the
effective
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
DCY is to
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.
(G)
DCY may
administratively close an agency application or certificate for the
following:
(1)
Failure to provide an address change.
(2)
Loss of contact
after thirty calendar days.
(3)
The applicant(s)
are not eligible pursuant to paragraph (F) of this rule.
(4)
An applicant
refuses or fails to submit policy statements, application materials, plans or
reports requested by DCY within the necessary time frames.
(H)
When
DCY conducts an administrative closure as described in paragraph (G) of this
rule, such action is not subject to administrative hearing rights under Chapter
119. of the Revised Code.
Notes
Ohio Admin. Code
5101:2-5-07
Effective:
1/1/2025
Five Year Review (FYR) Dates:
9/11/2024 and
01/01/2030
Promulgated
Under: 119.03
Statutory
Authority: 5103.03
Rule
Amplifies: 5103.02,
5103.03
Prior
Effective Dates: 12/30/1966, 10/01/1986, 07/02/1990 (Emer.), 10/01/1990,
01/01/1991, 09/18/1996, 07/01/2000, 09/01/2002, 12/11/2006, 08/01/2010,
12/01/2015, 02/01/2021
