Ohio Admin. Code 5101:2-5-11 - Complaint handling
(A) The Ohio department of job and family
services (ODJFS) may begin an investigation if either of the following apply:
(1) ODJFS has knowledge of rule noncompliance
or receives a complaint alleging that an agency is in violation of any of the
requirements of Chapter 5101:2-5, 5101:2-7,
5101:2-9, 5101:2-33, 5101:2-39, 5101:2-42, 5101:2-44, 5101:2-47, 5101:2-48,
5101:2-52 or 5101:2-53 of the Administrative Code relative to the
functions performed by the agency.
(2) A person or organization is operating a
function that requires certification pursuant to rule
5101:2-5-03 of the
Administrative Code without a certificate.
(B) Whenever ODJFS receives any report
concerning the operation of an agency that alleges child abuse or neglect has
occurred or is occurring, ODJFS shall immediately refer the report to the
appropriate public children services agency.
(C) At the commencement of a site
investigation by ODJFS of a complaint, other than an abuse or neglect
investigation, ODJFS shall contact the administrator or designee of the agency
and explain the nature of the complaint.
(D) An agency shall cooperate with ODJFS in
the investigation of any complaint and with the implementation of any required
corrective action plans whenever an investigation finds a violation of the
requirements of Chapter 5101:2-5, 5101:2-7,
5101:2-9, 5101:2-33, 5101:2-39, 5101:2-42, 5101:2-44, 5101:2-48, 5101:2-52 or
5101:2-53 of the Administrative Code as applicable to the functions
performed by the agency.
(E) Upon
completion of the investigation of a complaint, ODJFS shall conduct an exit
interview with the administrator or designee. The purpose of the exit interview
is to inform the administrator of the findings of the investigation. Any areas
of noncompliance will be presented in writing on a citation of noncompliance
and explained to the administrator or designee during the exit interview. The
signature of the administrator or designee on the citation shall signify only
that the administrator or designee has received the citation.
(F) No agency shall recommend denial or
revocation of a foster home certificate or discharge, demote, suspend, reduce
board payments to a foster home, or threaten to recommend denial or revocation
of a foster home certificate, discharge, demote, suspend, or in any manner
discriminate against any foster caregiver or employee based on the foster
caregiver or employee taking any of the following actions:
(1) Making any good-faith oral or written
complaint to ODJFS regarding a violation of any Administrative Code rules
applicable to the functions performed by the agency.
(2) Instituting or causing to be instituted
any proceeding against the agency under this chapter.
(3) Acting as a witness in any proceeding
under this chapter.
(4) Refusing to
perform work that constitutes a violation of any Administrative Code rule
applicable to the agency's certified functions.
(G) If the director of ODJFS determines that
a person or organization is operating a function that requires certification
pursuant to rule
5101:2-5-03 of the
Administrative Code without a certificate, the director may petition the court
of common pleas in the county in which the person or organization is operating
without a certificate for an order enjoining the person or organization from
operating without a certificate.
(H) If both of the following are the case,
the director of ODJFS may petition the court of common pleas of any county in
which an agency that holds a certificate issued under rule
5101:2-5-03 of the
Administrative Code is operating for an order to prevent the agency from
receiving additional children into the agency's care or an order removing
children from the agency's care:
(1) ODJFS
has evidence that the life, health, or safety of one or more children in the
care of the agency is at imminent risk.
(2) ODJFS has issued a proposed adjudication
order pursuant to Chapter 119. of the Revised Code to deny renewal of or revoke
the agency's certificate.
Notes
Promulgated Under: 119.03
Statutory Authority: 5103.03, 5153.166
Rule Amplifies: 5101.24, 5103.02, 5103.03, 5153.166
Prior Effective Dates: 12/30/1966, 10/01/1986, 07/02/1990 (Emer.), 10/01/1990, 01/01/1991, 09/18/1996, 01/01/2003, 08/22/2005, 08/01/2009, 07/07/2014
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