(A) The
Ohio
department of job and family services (ODJFS)
Ohio department of children and youth (DCY) may begin
an investigation if either of the following apply:
(1)
ODJFS
DCY has
knowledge of rule noncompliance or receives a complaint alleging that an agency
is in violation of any of the requirements 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
DCY receives any
report concerning the operation of an agency that alleges child abuse or
neglect has occurred or is occurring, ODJFS
shall
DCY will 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
DCY will contact the administrator
or designee of the agency and explain the nature of the complaint.
(D) An agency shall
is to cooperate
with ODJFS
DCY
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 the Administrative Code as applicable to the functions
performed by the agency.
(E) Upon
completion of the investigation of a complaint, ODJFS shall
DCY will
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
is
to signify only that the administrator or designee has received the
citation.
(F) No agency
shall
is to
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
DCY 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
Ohio Admin. Code
5101:2-5-11
Effective:
1/1/2025
Five Year Review (FYR) Dates:
9/11/2024 and
01/01/2030
Promulgated
Under: 119.03
Statutory
Authority: 5103.03,
5153.166
Rule
Amplifies: 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,
07/09/2021
